Terms and Conditions of Supply
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER, OR REQUESTING ADVICE. RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
These Terms and Conditions apply to all orders with Flood Protection Solution Ltd placed via the telephone, email or web, following a site visit or any other means. The purchase of goods and services constitutes your acceptance of these terms and conditions. Please read them carefully.
Definitions and Formation of the contract
1.1 In these Terms, the following definitions apply:
Charges: the charges for the Goods / Services Specified in the Quotation.
Client: the person firm or company who purchases the Goods from the Company.
Company: Flood Protection Solutions Ltd, (Registered in England and Wales under no. 8252543) of Suite 6, Ash House, Private Road No.8, Colwick Ind Est, Nottingham, NG4 2JX
Contract: the contract between the Company and the Client for the sale and purchase of the Goods / Services.
Delivery Point: the place where delivery of the Goods is to take place.
Goods: the goods specified in the Quotation.
Quotation: the Company’s Quotation and any documents / schedules attached to the Quotation;.
These Terms: means the terms and condition for the supply of goods / services set out in this document.
1.2 The Seller shall sell and the Buyer shall purchase the Goods subject to these Conditions unless otherwise stated in the Contract.
1.3 No contract exists between you and the Company for the supply of any Goods until the Company has received and accepted your order and sends you confirmation in writing or by email to the address or email address you have given. Once the Company does so, there is a binding legal contract between us.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Company may change these terms at any time without notice to you in relation to future sales.
1.6 These conditions apply to all the Company’s sales and any variations to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
1.7 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
1.8 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
1.9 Any typographical clerical or other error or omission in any sales literature, quotation, price list, Contract , invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
1.10 These Conditions shall prevail notwithstanding any terms or conditions of any order submitted by the Buyer or of any acceptance by the Buyer of a quotation by the Seller
2. Description and price of the Goods
2.1 The description and price of the Goods you order are as set out in the Quotation.
2.2 The Goods are subject to availability. If on receipt of your order the Goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you for the goods.
2.5 The Goods are supplied for business, domestic and private use, and you agree not to use the Goods for any commercial purpose.
2.6 In addition to the price, you will be required to pay a delivery charge for the Goods, as shown on the Quotation.
2.7 The price of the Goods and delivery charges is exclusive of Value Added Tax (VAT) which will be charged at current VAT rates as shown on the Quotation.
3. Payment and Charges
3.1 If you order Goods and are not a repeat customer, a proforma invoice will be sent.
For repeat customers, the terms depend on the order value:
<£25,000 30 days
≥£25,000 50% Deposit on Order, 50% on Delivery
Other payment terms can be negotiated but will incur a surcharge.
3.2 The deposit is non-refundable as Goods are manufactured specifically for each Client.
3.3 If payment is not made on the due date, the Company will be entitled to charge interest on the unpaid balance of the charges at 5% per month.
3.4 No payment shall be deemed to have been received until the Company has received cleared funds.
3.5 For advice beyond our free 30 minute consultation, a rate of £60/hour is charged (unless otherwise agreed).
3.6 Any additional taxes or costs due as a result of Brexit (e.g import taxes) are the responsibility of the client.
4.1 The Goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown in the Company’s Quotation at the time you place your order.
4.2 If delivery cannot be made to your address, the Company will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you.
4.3 If there is no one at the address given who is competent to accept delivery of the Goods, you will be notified of an alternative delivery date or a place to collect the Goods.
4.4 Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and we aim for less than 4 weeks from your order. However, the Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
4.5 You will become the owner of the Goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
4.6 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Client (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company (Force Majeure) including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 45 days, the Client shall be entitled to give notice in writing to the Company to terminate the Contract.
4.7 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.8 Unless pre-agreed, the delivery price stated is for delivery to one address. It may be possible to split the delivery to different locations; however, this is an extra cost.
5. Your right of cancellation
5.1 You have the right to cancel the contract at any time up to the order being place on the manufacturers.
5.2 The Company may at its discretion accept or reject the cancellation of any order after it has been accepted. If the Company decides to accept the cancellation of an order the acceptance shall be on such terms as the Company may specify.
5.3 To exercise your right of cancellation, you must give written notice to the Company by hand or post, fax or email, at the address or email address shown below, in the case of Goods, (giving details of the Goods ordered and (where appropriate) their delivery). The Company will not accept notice by telephone or by use of any other method of service not set out above.
5.4 Once you have notified the Company that you are cancelling the contract, the Company will be entitled to keep any sum that has been paid by you for the Goods in its entirety and shall have no recourse to the same.
5.5 If you wish, in any circumstances not covered by 5.1-5.3 above, to change your order, then this may be done on application in writing to us and provided we agree.
5.6 Please check your order thoroughly to avoid incorrect orders as these may be subject to a restocking charge.
5.7 Notices of cancellation must be sent to: –
Flood Protection Solutions Ltd
Suite 6, Ash House, Private Road no.8, Colwick Ind Est, Nottingham, NG4 2JX or firstname.lastname@example.org
6. Warranty and Liability
6.1 Water-Gate barriers are warranted against manufacturing defects for 3 years from the date of manufacture. This warranty does not affect your statutory rights as a consumer. Warranty terms in a separate document. Pumps warranties vary depending on the brand.
6.2 This warranty does not apply to any defect in Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company’s instructions, or any alteration or repair carried out without the Company’s approval.
6.3 The Company shall endeavour to transfer to the Client the benefit of any warranty or guarantee given to the Company by the manufacturer of the Goods.
6.4 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Company in writing at the address or email address shown below.
6.5 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
6.5.1 any breach of these conditions;
6.5.2 any use made or resale by the Client of any of the Goods,
6.5.3 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
6.8 the Company shall not be liable to the Client for any
6.6 The Company shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential whatsoever (howsoever caused) which arise out of or in connection with the Contract. or damage (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly, including, but not limited to
6.6.1 Delay in the delivery of the Goods
6.6.2 Overwhelming / overtopping flooding;
6.6.3 Impact damage;
6.6.4 Third party intervention e.g. vandalism;
6.6.5 Your failure to deploy the Goods;
6.6.6 Your incorrect use or deployment of the Goods.
6.6.7 Failure of the barrier
6.6.8 Negligence of the Company
6.7 It is your responsibility to ensure that the structures, buildings and the like which are protected by the installation of the Goods are strong enough to withstand flood damage. If this is not done the Company shall not be liable to you for any resulting loss or damage (e.g. without limitation) flood pressure / structural damage to contiguous walls / buildings.
6.8 Ancillary products such as crates and trailers are not warranted by Flood Protection Solutions Ltd. We recommend having trailers serviced in accordance with the trailer manufacturers recommendations.
7.Pump Return Policy
7.1 Right of cancellation
You may cancel your order any time up to 14 days after delivery of the goods. To cancel, you must make a clear statement of your wish to do so. This statement should be sent by letter or transmitted by e-mail; email@example.com. Notice of cancellation begins from the date posted or time transmitted. We recommend you get proof of posting or transmission. Provided that any goods which you have ordered, under the cancelled contract, are returned (at your own expense) complete, in their original product boxes, undamaged by you or your return delivery method and unused, within 14 days of your cancellation, you will receive a full refund. This refund will be by the same method of payment that you used for your payment. You will not incur fees for reimbursement, however we will not refund the delivery charges.
7.2 Defective items
You have the right to return a defective item within the specified guarantee period for the product. Please contact our sales department who can advise the length of guarantee for the product.
Before contacting us, please refer to the trouble shooting guide found in the manual supplied with the product. You may find that by following the guide you may resolve the problem! After following the guide, if equipment is still defective, then please contact us. At this point, we may be able to offer further advice to resolve the problem.
NB DO NOT attempt any repair or adaptation to any equipment during the warranty period, or use, or adapt at any time, the equipment for any purpose other than for which it was designed. Any such interference or mis-use will negate any claim under the guarantee.
You cannot return non-defective products if it has been used or used in the wrong duty (service or application).
7.3 Return of defective items
We will arrange to collect the defective product, or ask you to return it, whichever is the most economical or convenient. We will reimburse your return carriage charges on submission of a receipt. Please also get a proof of despatch from your carrier.
If we collect the product and it is not faulty we will charge you for all collection and return expenses.
7.4 How we deal with a defective item
We will either repair or replace the equipment with the same or a newer model. We reserve the right to replace it with an alternative brand capable of matching the duty required. We will send the replacement item at our cost.
We require at least 14 working days from arrival at the Maidstone warehouse to inspect it and send a replacement for a defective item.
8. Copyright etc.
8.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for you by or on behalf of the Company in connection with the Contract shall belong to the Company absolutely and any such materials, documents or items shall be or remain the sole property of the Company.
9. Data protection
9.1 The Company will take all reasonable precautions to keep the details of your order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.
9.2 The Company will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Company would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Company at the address, fax number or email address shown below.
10. Risk and Title to Goods
10.1 The Goods are at the risk of the Client from the time of delivery.
10.2 Ownership of the Goods shall not pass to the Client until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
10.2.1 the Goods;
10.2.2 all other sums which are or which become due to the Company from the Client on any account.
10.3 The Client’s right to possession of the Goods shall terminate immediately if:
10.3.1 the Client has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or other wise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Client or for the granting of an administration order in respect of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client; or
10.3.2 the Client suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Client, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Client ceases to trade; or
10.3.3 the Client encumbers or in any way charges any of the Goods
11.1 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
11.2 Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
As the distributor of the Water-Gate Products, Flood Protection Solutions Ltd has taken great care to ensure that our customers receive the fullest satisfaction and protection from our unique products. However, we our representatives, surveyors or agents cannot accept any liability whatsoever, for claims of damage, accidental or otherwise,
Flooding and its effects are always unpredictable and can vary from property to property. If used in accordance with instructions Water-Gate products should give good protection against flooding but no responsibility is accepted for flood claims.
All reports and recommendations are offered in good faith by experienced and qualified engineers and the advice given is the best that is currently available.
PLEASE NOTE: This disclaimer does not affect your statutory rights as a consumer.
The Water-Gate barrier from Megasecur is used in 36 countries around the world. As the sole UK distributor of this flood barrier, we distribute the product across the entire country. The Water-Gate barrier is highly innovative and easily deployed, offering one of the fastest deployment of water
barriers available. Access to emergency vehicles and other vehicles is not compromised as the barrier can be driven over.
The Water-Gate can be shaped around corners and on uneven surfaces, offering flexible protection, and can be joined to create any length. The barrier can be supplied in crates to make deployment of long lengths extremely rapid.
It is cost effective, comparing particularly well with sandbags, especially as it is reusable.
The material used is recyclable and the Water-Gate is reusable making it extremely environmentally friendly.
The barrier is resistant to a long list of chemicals and has been independently tested. It is widely used in pollution control.