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Terms and Conditions

HYDROCARE LEISURE LIMITED

GENERAL TERMS AND CONDITIONS

1. GENERAL

a. In these general terms and conditions (i) “we” or “us” means Hydrocare Leisure Limited (Companies House registration number 12050769; VAT registration number 341332832) (ii) “Goods” means the Goods or services specified or implied in any order
placed with us or any Goods, products or supplies purchased directly from our retail shop or via our website retail store (iii) “you” means the purchaser or lessee of the Goods, products or supplies
b. Any description or illustrations in our catalogues, website (www.hydrocare.co.uk), price lists or other advertising materials are intended merely to present a general idea of the Goods available and shall not form representations or be part of the contract
c. Any concession or waiver made by us at any time shall not prejudice the exercise of your rights hereunder
d. You are deemed to have satisfied yourself that the Goods or services are suitable for the purpose and capable of performing the function and use to which you are intending to put them
e. No waivers alterations or modifications of these terms and conditions shall be valid unless made in writing and signed by a Director of Hydrocare Leisure Limited
f. We reserve the right to correct any clerical errors made by our employees at any time
g. Your order will only be accepted when we notify you or we start delivery of the Goods
h. Any quotation given is an invitation to treat only and the prices stated are a guide which are likely to be varied after 60 days
i. Each of the clauses of these general terms and conditions and every part thereof shall be separate and severable to the intent that if one clause or one part thereof shall be unenforceable the other clauses and the other
part of the clause respectively shall be  effective
j. The exclusions and limitations contained in these general terms and conditions only apply so far as permitted by any statute order
directive or regulation or as recommended by by SPATA the industry trade association (www.spata.co.uk) or ISPE (www.ispe.co.uk) the industry trade association for individual swimming pool engineers.
k. You can contact the Directors of Hydrocare Leisure Limited by email (james@hydrocare.co.uk or Julie@hydrocare.co.uk) or by writing to us at our registered address: Unit 12 Sheffield Park Business Estate, East Grinstead Road, Sheffield Park,TN22 3FB
l. These general terms and conditions and any contractual or non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, English law

2. PRICE VARIATION

a. The price of the Goods is based on the current price of materials, transport, labour and our other prime costs and if the same shall increase after the date of Order but before delivery we shall be entitled to increase the price of the Goods by a fair proportion to reflect the increased cost
b. If the price of the Goods cannot be ascertained in advance we will give you our best estimate of the total price but the amount you will pay is for the actual time taken and materials based on our published rates and the
manufacturer’s recommended retail price lists at the time of delivery

3. PAYMENT TERMS

a. Payment is due immediately on delivery save where otherwise specified in writing
b. Invoices are payable on receipt as credit terms are not offered. Payment MUST be made to the Hydrocare Leisure Limited bank account specified in the invoice. Payment made to any other bank account account or company will not result in your invoice debt being cleared. If the uncleared debt remains outstanding for 30 days or more it may attract late payment charges (see section 9 OVERDUE PAYMENT AND CANCELLATIONS below)
c. Payments can be made via internet banking or by calling our offices to make payment via our point of sale service. Alternatively payment can be made via our online payments system (Stripe Payments Platform) by following the instructions accompanying your invoice. 
d. Card payments can be made using a VISA card or Mastercard. We do not accept Diners Club or American Express 
e. Where applicable Value Added Tax will be added in accordance with United Kingdom legislation in force at the tax point date

4. PLACE OF DELIVERY

a. The Goods shall be delivered to the address stated in the contract and/or the delivery note and you shall be ready for us to start work on the notified date as set out in the contract or subsequent confirmation of works notice.
b. Any additional expense incurred by us by you due to you not being ready or not providing suitable facilities or any other cause shall forthwith be reimbursed to us in full

5. DELIVERY DATE

We will use our best endeavours to meet any delivery date, but any date named by us for delivery is given and intended as an estimate and is not to be of the essence of the contract. You shall nevertheless be bound to accept the Goods when available. We shall not be liable in any way in respect of late delivery howsoever caused nor shall such failure be deemed to be a breach of contract unless and until you have given written notice to us making time of the essence and giving us a reasonable time in which to deliver. If we are not willing to accept such delivery date, we may without liability cancel the contract and notify you
accordingly.

6. VARIATIONS TO THE GOODS

a. We reserve the right to vary the Goods where in our absolute discretion we consider it necessary to carry out the main purpose of the contract
b. We will endeavour to carry out all reasonable variations to the Goods requested by you but shall not be obliged to accept any such request for variation and shall be entitled to make a reasonable price adjustment consequent upon any variation accepted

7. FORCE MAJEURE

If events beyond our reasonable control prevent us from performing our obligations hereunder we may without liability cancel the contract

8. WARRANTY AND LIMITATION OF LIABILITY

a. We warrant that on delivery, the Goods will be in proper working order and will be free from manufacturing fault for a period of 12 months from the date of delivery or other  period given by the manufacturer 
b. You can return goods to us within 30 days of purchase for a full refund or exchange if they are faulty, not fit for purpose, or not as described. The meaning of ‘fit for purpose’ is fit for the normal/common and reasonable purpose of that item, but also for any other purpose that we became aware of during the course of the sale. 
c. If the Goods are not installed by us they must have been installed by a suitably qualified person and installed and used in accordance with the manufacturer’s recommendations to avoid the possibility of any manufacturer’s warranty being invalidated. You will need to manage any warranty claim directly with the manufacturer in these circumstances. The warranty we provide in section a. above shall be void if you suffer or allow any person other than us or our authorised agents to alter, repair or otherwise tamper with the Goods.
d. You will pay for all the services given and expenses incurred by us in connection with the Goods dealt with under any warranty claim and subsequently found not to be defective
e. In the event of any breach of the above warranty we shall effect such repair or replacement as in our sole judgment we consider necessary to restore the Goods to proper working order but except for such repair or replacement we shall in no way whatsoever directly indirectly or consequentially be liable for any injury loss or damage howsoever arising from or relating to such breach of warranty (your statutory rights are not affected). We do however accept liability for death or personal injury caused by our negligence or by our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded under English law
f. Where the Goods are to your specification or design no liability is accepted by us for specification or design errors which shall remain your responsibility
g. Where pool recommissioning, decommissioning, refurbishments and repairs that require pool draining services are provided we shall not be liable for any injury loss or damage whatsoever or howsoever arising and whether direct indirect or consequential. This includes collapsed or damaged drains that are discovered during or subsequent to the works  being carried out by us. Adequate and regular maintenance of drains within your property boundary remains your responsibility
h. Except as stated in sub-clause a. hereof all representations warranties and conditions (whether express or implied by Statute or otherwise) are hereby expressly excluded and we shall not be liable for any injury loss or damage whatsoever or howsoever arising and whether direct indirect or consequential
arising from or relating in any way to the Goods
i. We are always willing to discuss a variation of this clause (and any other limiting liability) provided that the adequate insurance cover can be arranged by us in advance and subject to a reasonable price adjustment to cover this additional
liability

9. RETURN OF GOODS 

a. You can return Goods to us within 30 days for either a full refund or exchange even if they are not faulty as part of our ‘no quibble’ exchange or refund policy. The Goods must be in their original state and with their original packaging, and accompanied by an original receipt. Items marked as ‘seconds’ or ‘faulty’ or ‘damaged’ cannot be exchanged or refunded.

10. OVERDUE PAYMENT AND CANCELLATIONS

a. We shall be entitled to charge interest on the  full total of the invoice at a rate equal to 8% above the Bank of England base rate on all overdue payments
b. We shall be entitled to suspend or cancel further deliveries or other services under this and/or any other contract between the parties hereto:
i. If any payment is overdue or
ii. If you have failed to take delivery of any Goods ordered
c. For the purpose of this condition the time and date of any overdue payment or the time and date of failure to accept Goods for delivery shall be the deciding factor when considering remedies listed in b. above
d. You shall not be entitled to withhold or set off payment in equity or in law for any reason whatsoever

11. CANCELLATION OR TERMINATION OF CONTRACTS

a. You may cancel any new contract for Goods and/or services whether agreed verbally or in writing provided you inform us IN WRITING within 7 working days of the date of the contract
b. We reserve the right to charge a cancellation fee to cover any costs we may have incurred. This may be deducted from any deposit you may have made. Failing that, an invoice will be issued setting out the amount of the cancellation fee and the reasons why. This is payable immediately on receipt. Failure to do so may incur late payment fees as set out in section 10.a above
c. You may cancel existing regular service contracts (e.g. for pool cleaning) by providing 30 days notice IN WRITING. Any outstanding invoices must be paid immediately to avoid late payment fees as set out in section 10.a above

12. PASSING OF RISK AND PASSING OF TITLE

Risk in the Goods shall pass on delivery but the legal property and title in the Goods shall remain ours until payment by you of the price of the Goods and of all other things sold or delivered by us to you

13. DISPUTE RESOLUTION

a. Our aim to to satisfy our customers. If you are not satisfied with any aspect of Goods or services provided by us you should email or write to the Directors of Hydrocare Leisure Limited in the first instance (see section 1.k above for contact details)
b. Include in the subject line of your email or letter the word COMPLAINT and it will be dealt with promptly by a senior member of staff in accordance with our complaints procedures
c. Your complaint will be fully investigated and you will receive a written response from us within 10 working days of receipt of your complaint setting out our findings and suggestions on how we may resolve the matter
d. If you remain dissatisfied with our initial response then let us know and if we are still unable to resolve the matter we will send you a final response letter
e. You may then choose to contact our trade association SPATA who may be able to assist you further. Log on to their website and follow the ‘CONTACT US – DISPUTE RESOLUTION’ links (www.spata.co.uk) 

14. DATA PROTECTION AND USE OF COOKIES

a. Your privacy is very important to us. These terms  apply to requests or interactions to enquire about or purchase any of our Goods or services, any regular subscriptions to any services, use of our website, any proprietary software provided in the course of any contractual assignment and any other Goods or services provided as part of a contractual assignment where personal data is required to fulfil that assignment.
b. Our website is owned and operated by Hydrocare Leisure Limited. This website may from time to time contain links to other websites owned and operated by third parties. Should you choose to follow any of these links, you must satisfy yourself as to the privacy policy operated by any 3rd party site visited. Hydrocare Leisure Limited cannot accept any responsibility for data protection and privacy policies of any 3rd parties or companies.
c. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept” when accessing our website, you consent to the use of ALL the cookies. However you may visit Cookie Settings link on our website to provide a more controlled consent.
d. You can view our full privacy policy and cookie policy and settings by following the links on our website (www.hydrocare.co.uk). This explains in more detail what data we may collect, why we collect some personal data and how we use it. Our privacy policy also explains what we do to protect your data.
e. If you have any questions or concerns about our data protection policy or of any of the data collection practices of Hydrocare Leisure Limited, then please contact the Directors and owners of Hydrocare Leisure Limited by email (james@hydrocare.co.uk or Julie@hydrocare.co.uk) in the first instance. You can also write to us at our registered address
f. If you remain unhappy following our response then you should contact the Information Commissioner’s Office:
   – Telephone: 0303 123 1113
   – Email: casework@ico.org.uk
   – Postal address: Wycliffe House, Water Lane, 
   – Wilmslow Cheshire SK9 5AF
 
 
 
 

ADDITIONAL CLAUSES TO BE ADDED AS APPROPRIATE:

 

1. ADVERSE BUILDING OR GROUNDWORKS CONDITIONS

If we meet adverse ground conditions (e.g. mains services pipes or hard rock substructures or other structures nearby above or below ground whether natural or manmade,  including ponds, lakes and other bodies of water) having started work on delivery of the Goods then we will notify you and you may elect either: –
        a. To cancel the contract and pay us on a            
        time and materials basis for the Goods
        delivered to date or
        b. Authorise us to continue and to make  
        an additional charge for the extra work
        and materials required to overcome the  
        difficult conditions

2. ENGINEERING MATERIALS AND EQUIPMENT

a. Free Issue Goods: Where you supply special patterns, jigs, tools, gauges, metal, templates, or other material to us it shall be supplied free of all expense to us. You shall continue insurance cover on such material, and it is expressly agreed that the risk in such material does not pass to us but remains your responsibility. We shall not be liable in any way for any damage caused to such material howsoever the same may be caused. You
shall collect such material on delivery of the Goods and any such material not collected within 2 months of delivery of the Goods shall be dealt with by us in any way we may decide without liability of any kind
b. Quantities: Owing to the difficulty of producing exact quantities of Goods we reserve the right to deliver up to 10% in excess of or below the quantities ordered unless special agreement has been made to the
contrary and the price shall be adjusted accordingly
c. Delivery Schedules: If and so far as work on the Goods has been necessarily commenced in advance of a “firm schedule” in order to
provide, in accordance with a normal process time cycle, for deliveries
indicated by a “tentative schedule” you shall be liable to accept delivery of and pay for the Goods on which work has commenced and the times and in the quantities so indicated in the “tentative schedule”
d. Tolerances: Goods are supplied to the specification set out in the plans or your order but subject to the usual tolerances allowed in the industry with a minimum tolerance of one percent (1%) unless otherwise stated in
writing

3. YOUR DUTIES

a. You will do everything necessary to enable us to provide the Goods including attending punctually all meetings called by us providing without delay all information data and statistics required by us providing Our staff with the access and equipment and giving prompt instructions when requested.
b. You will in all respects comply with our requirements for work routines
and you will do everything necessary to permit us to carry out our normal methods of work
c. You shall ensure that the Goods are used in a suitable environment
d. Any expenses incurred or additional work which has to be carried out by us due to the failure of you to carry out his duties hereunder will be chargeable to you and payable on demand

4. TESTING AND INSTALLATION

a. Where appropriate our engineers shall test the Goods in a manner it considers necessary to ensure that the Goods are functioning correctly and upon completion of these tests the Goods shall be deemed ready for delivery
b. If we agree to supervise the installation and commissioning of the Goods or carry out additional testing or provide any other services in connections with the Goods we shall be paid on a time and materials basis on demand