Website Terms & Conditions


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Website Terms & Conditions

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES OVER THE INTERNET

1. GENERAL
1.1 These terms and conditions apply to the provision of a service ("the Service") by Waterways World Limited, registered in England (number 3181150) and having its registered office at 151 Station Street, Burton Upon Trent, Staffordshire DE14 1BG ("Waterways World") to you ("the Customer") in accordance with the Customer's requirements and order (the "Order") (the "Contract").

1.2 The Contract shall be made by means of an offer by the Customer submitted to Waterways World through the websites operated by Waterways World by completing the staged process set out therein through submission of forms and following a series of hypertext links as directed on the Waterways World website, which Order will be confirmed to the Customer in writing (which includes, without limitation, electronic mail) by Waterways World (the "Order Confirmation").

1.3 The Customer acknowledges that the website text, price lists, lists of services or other sales literature published on the Waterways World website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Waterways World to provide any service to the Customer.

1.4 All quotations and offers made by Waterways World are given or made subject to the availability of goods, materials and any other items required to give effect to Waterways World's obligations under the Contract.

2. SUPPLY OF SERVICE
2.1 The Service shall be provided [within the United Kingdom only] in accordance with the Order and the Order Confirmation and otherwise in accordance with other published literature of Waterways World relating to the Service from time to time, subject in all cases to these terms and conditions.

2.2 The Order shall not be deemed to be accepted by Waterways World unless and until the Order Confirmation has been issued to the Customer.

2.3 Waterways World's policy being one of continuous improvement, Waterways World may at any time without prior notification make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.

2.4 Waterways World may at any time correct any typographical or other errors or omissions in any website text, brochure, promotional literature, quotation or other document relating to the provision of the Services without any liability to the Customer.

2.5 Any dates quoted for providing the Services are approximate only and not guaranteed and Waterways World shall not be liable for any delay in providing the Services howsoever caused.

3. PAYMENT TERMS
3.1 The price of the Services shall be Waterways World's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in Waterways World's price list current at the date of performance of the Service by Waterways World.

3.2 Unless otherwise agreed in writing, payment of the price for the Services, and any VAT is due within 14 days of invoice.

3.3 All prices are, unless otherwise stated, exclusive of any applicable value added tax.

3.4 Waterways World reserves the right, by giving notice to the Customer at any time before providing the Services, to increase the price of the Services from that quoted to reflect any increase in the cost to Waterways World which is due to any factor beyond the control of Waterways World, any change in delivery dates, quantities or specifications for the Services requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Waterways World adequate information or instructions.

3.5 Time of payment is of the essence of the Contract between Waterways World and the Customer. If the Customer fails to make payment by any relevant due date, Waterways World shall be entitled to suspend or cancel the Service. The Customer shall not be entitled to withhold or set off payments for any reason whatsoever.

4. WARRANTIES AND LIABILITY
4.1 Subject to the conditions set out below, Waterways World warrants to the Customer that the Service will be provided using reasonable care and skill and, so far as reasonably possible, in accordance with the Order and the Order Confirmation and at the intervals and within the times specified by Waterways World.

4.2 Waterways World shall be under no liability in respect of any defect in the Service arising from any information supplied by the Customer which is incorrect, arising as a result of any fault or default of the Customer, or arising in connection with any materials or other services which are supplied by any third party.

4.3 Where any valid claim is made in accordance with the provisions hereof in respect of the Service, Waterways World shall be entitled to re-execute the Service (or such part of the Service in question) or, at Waterways World's sole discretion, refund to the Customer the price of the Service (or the appropriate proportion thereof), but, unless otherwise provided by law, Waterways World shall have no further liability to the Customer.

4.4 Except in respect of death or personal injury caused by Waterways World's negligence and except as otherwise specifically provided by law, the entire liability of Waterways World under or in connection with the Contract shall not exceed Waterways World's price for the Services.

4.5 Except as expressly provided for in these terms and conditions, all warranties, conditions or other implied terms are excluded to the fullest extent permitted by law, and Waterways World hereby excludes any liability for any indirect, special or consequential loss.

4.6 The Customer warrants that any and all material provided by it, and its use by Waterways World for the purpose of providing the Services, will not infringe the copyright or other rights of any third party, and the Customer shall indemnify Waterways World against any loss, damages, costs, expenses or other claims arising from any such infringement.

5. PROPERTY RIGHTS

5.1 All intellectual property rights in any material provided to Waterways World by the Customer shall belong to the Customer (or any other third-party where relevant).

5.2 All intellectual property rights in any material provided by Waterways World to the Customer shall, unless otherwise agreed in writing, belong to Waterways World (or any other third-party where relevant), subject only to the right of the Customer to use such material in connection with the Services.

6. TERMINATION AND BREACH

6.1 If the customer:

(a) makes default in or commits any breach of its obligations to Waterways World hereunder; or

(b) commits an act of bankruptcy, becomes apparently insolvent, makes an arrangement or composition with creditors or (being a company) has a receiver, administrator or liquidator appointed or any proceedings have commenced relating to the insolvency or possible insolvency of the Customer; or

(c) causes or threatens to cease to trade or if serious doubt arises as to the Customer's solvency;

then in each case, Waterways World shall immediately become entitled (without prejudice to its other claims and rights under this Contract, without the requirement to give prior notice to the Customer and without liability to the Customer whatsoever) to terminate the Contract.

6.2 No Order for Services by any Customer which has been accepted by Waterways World in terms of the Order Confirmation may be cancelled by the Customer except with the written agreement of Waterways World and on terms that the Customer shall indemnify Waterways World in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Waterways World as a result of cancellation.

6.3 Waterways World shall not be deemed to have breached the terms of the Contract or otherwise be liable to the Customer for any refund or otherwise for any delay in performance or non-performance of any of its obligations to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of Waterways World.

7. GENERAL

7.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties.

7.2 Any notice required or permitted to be given by either party to the other under the Contract shall be in writing and addressed to that other party at its registered office, principal place of business or home address.

7.3 No waiver by Waterways World of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.4 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.

7.5 Waterways World may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person, firm or company. Unless otherwise agreed in writing by Waterways World, the Customer may not assign either the benefit or the burden of the Contract.

7.6 Where the place of performance of the Service is in England or Wales, then the Contract shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.

7.7 Where the place of performance of the Service is in Scotland, then the Contract shall be governed by the law of Scotland and the Customer agrees to submit to the non-exclusive jurisdiction of the Scottish courts.

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