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1.
Definitions |
| 1.1 |
"Business Customer" means a customer who is not a
Consumer. |
| 1.2 |
"Consumer" means an individual who is not acting for the
purposes of his or her business or profession. |
| 1.3 |
"Aqua
Natural Limited" means Aqua Natural Limited also
referred to as "we" or "us" in these terms and
conditions. |
| 1.4 |
"Catalogue" means the catalogue of products and services
offered by Aqua Natural Limited. |
| 1.5 |
"Force
Majeure" means any cause affecting the performance by
Aqua Natural Limited of its obligations arising from
acts, events, omissions, happenings or non-happenings
beyond its reasonable control including (but not limited
to) governmental regulations, fire, flood or any
disaster or industrial dispute affecting a third party. |
| 1.6 |
"Normal
Working Hours" means 9 am to 5 pm on a Working Day. |
| 1.7 |
"Working days" means Monday to Friday, excluding Bank or
other Public holidays. |
| 1.8 |
Please
note special terms apply to Consumers, which prevail
over the other provisions of these terms and conditions.
Customers who are Consumers are referred to Clause 13. |
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2.
Orders |
| 2.1 |
All
contracts of sale made by Aqua Natural Limited shall be
deemed to incorporate these terms and conditions, which
shall prevail over any other terms from the party ("the
Customer") with whom Aqua Natural Limited is dealing.
Cancellation of orders by business to business customers
is not accepted as many orders are dispatched on the
same day the order is placed. Cancellation of orders by
Consumers will be accepted in accordance with the
Consumer Protection (Distance Selling) Regulations 2000.
Nothing in these terms and conditions is intended to
impinge upon a Consumer's statutory or contractual
rights to reject faulty goods. |
| 2.2 |
All
orders are subject to acceptance and to availability of
the goods ordered: Aqua Natural Limited is entitled to
refuse any order placed by you. |
| 2.3 |
You
undertake that: |
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|
a) |
all
details you provide to us for the purpose of
purchasing goods or services offered on our web
site are correct, and |
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b) |
the
credit or debit card you use to make a purchase
from us is your own card or your company's card,
that you are authorised to use it, and that
there are sufficient funds or credit facilities
to cover the cost of any goods or services you
order from us. We reserve the right to obtain
validation of your credit or debit card details
before providing you with any goods or services. |
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| 2.4 |
Please
note, Aqua Natural Limited may record and / or monitor
inbound and outbound calls and electronic traffic for
training purposes. |
| 2.5 |
Aqua
Natural Limited do not pay commission to our affiliate
partners against Premier Account orders. These orders
will not generate commission, cashback or points for
customers attempting to order via this channel.
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3.
Prices |
| 3.1 |
Goods
and services, together with VAT, are invoiced at the
price prevailing at time of order. |
| 3.2 |
Aqua
Natural Limited reserves the right to modify the prices
from time to time. |
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4.
Delivery, Title and Risk |
| 4.1 |
Aqua
Natural Limited shall use reasonable endeavours to
despatch goods by the date agreed with the customer, but
does not accept liability for failure to deliver within
the stated time where this is caused by circumstances
beyond our reasonable control, such as delays caused by
delivery companies or manufacturer lead times. If a
delay is likely, we shall contact the customer and
advise of the delay. A customer who is a Consumer shall
be entitled to cancel an order when advised of a delay
if the revised delivery date is not acceptable. |
| 4.2 |
In the
case of a Business Customer, if Aqua Natural Limited is
unable to deliver the goods within 30 days of the agreed
delivery date, the Customer will, as its sole remedy, be
entitled to cancel the order and require any monies paid
to Aqua Natural Limited in respect of that order to be
refunded. In order to cancel, the Customer must send
written notice of cancellation to Aqua Natural Limited
after the above date but before delivery of the goods or
notification from Aqua Natural Limited that the goods
are ready for delivery. This Clause does not apply to
Consumers. |
| 4.3 |
In the
case of Business Customers, Aqua Natural Limited does
not accept liability for shortages or damage to
deliveries unless the Customer notifies Aqua Natural
Limited of the shortage or damage in writing within 48
hours of receipt of the delivery. Consumers should
notify shortages or damage within a reasonable period of
becoming aware. |
| 4.4 |
Business Customers are required to be able to accept the
goods when they are ready for delivery within Normal
Working Hours. |
| 4.5 |
Delivery is deemed to take place when the goods are
delivered to the Customer's nominated address, whereupon
the risks of loss, breakage and all damage and all other
risks shall pass to the Customer. |
| 4.6 |
Title
in the goods does not pass to the Customer until payment
is received in full by Aqua Natural Limited. |
| 4.7 |
If the
Customer cannot accept delivery, Aqua Natural Limited
may at its option: |
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|
a) |
store and insure the goods at the Customer's
expense and risk or |
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b) |
sell the goods at the best price reasonably
obtainable and (after deducting reasonable
storage insurance and selling costs) pay to the
Customer any excess over the sale price or
charge the Customer for any shortfall or |
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c) |
re-arrange delivery provided that Aqua Natural
Limited may charge the Customer for the
additional delivery costs incurred. |
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| 4.8 |
The
Customer may request a Proof of Delivery, provided that
this request is made in writing within 3 months of the
date of delivery and Aqua Natural Limited shall use
reasonable endeavours to provide such proof. Thereafter,
delivery shall be deemed to have been successfully
completed. |
| 4.9 |
Upon
delivery of the goods, the Customer will be asked to
sign a Proof of Delivery to acknowledge safe receipt. It
is the responsibility of the Customer to ensure that the
number of packages delivered corresponds with the number
stated on the delivery note. Where a discrepancy occurs
or where there is evident damage to the packaging, this
should be noted on the Proof of Delivery. Aqua Natural
Limited shall not be liable for discrepancies or damage
evident on delivery where the Customer accepts delivery
and signs the Proof of Delivery without amendment. |
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5.
Payment |
| 5.1 |
Payment
is due on shipment unless a Customer has been approved
for credit. Aqua Natural Limited's standard credit terms
require payment within 30 days from the date of the
invoice, except in the case of transactions where
different terms are agreed in writing. |
| 5.2 |
Payment
may be made by cash, cheque, Visa, MasterCard, Maestro,
American Express and PayPal. PayPal payment will be
taken upfront - please note that we only accept verified
PayPal accounts. |
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6.
Product specifications |
| 6.1 |
Aqua
Natural Limited makes every effort to supply the goods
as advertised but reserves the right to supply the goods
subject to minor variations in actual dimensions and
specifications where these are changed by the
manufacturer. |
| 6.2 |
If Aqua
Natural Limited cannot supply the goods ordered by the
Customer, Aqua Natural Limited reserves the right to
offer goods of equal or superior quality at no extra
cost. In such a case, if the Customer does not wish to
accept the alternative goods offered, he or she may
cancel the order and require the refund of any money
paid to Aqua Natural Limited in respect of that order,
including carriage charges. This shall be the sole
remedy of the Customer in these circumstances. |
| 6.3 |
Aqua
Natural Limited has to adhere to the manufacturer's
guidelines stipulating that a given defect(s) that are
deemed acceptable before an item is accepted for
replacement on grounds of fault.
E.g. Due to the current manufacturing methods of active
matrix display panels, a small percentage of sub-pixel
anomalies (i.e. a pixel that is stuck on or off) are
accepted by the industry as unavoidable. Accordingly,
because the manufacturing yield of perfect active matrix
panels is low, displays may have some sub-pixels that
are either always on or off. The cost of accepting only
theoretically perfect displays would almost double the
price of a portable computer using an LCD screen. Please
be aware of this before purchasing a TFT screen. |
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7. Trade
names & Trade Marks |
| 7.1 |
Trade
names and marks (other than Aqua Natural Limited's) are
not always indications of the actual manufacturer of a
particular product and may rather be indicative of
general use systems and machines associated with such
products. |
| 7.2 |
In the
case of component purchases, Customers requiring a
particular brand of product should, before placing an
order, check with Aqua Natural Limited the identity of
the manufacturer of component it is proposed to
purchase. |
| 7.3 |
Aqua
Natural Limited and the Business Customer/Consumer
acknowledge the intellectual property rights of
suppliers and manufacturers of the products appearing
Aqua Natural Limited’s sales literature and on Aqua
Natural Limited’s website. |
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8.
Warranties & Returns |
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Please
note that special terms apply to Consumers who wish to
return goods, which prevail over the provisions of this
Clause 8. Customers who are Consumers are referred to
Clause 13. |
| 8.1 |
Aqua
Natural Limited is committed to providing our customers
with the highest quality products and service. However,
on rare occasions, products may be found to be faulty or
defective. In such cases we offer the returns facilities
described below. |
| 8.2 |
Unless
otherwise stated in the manufacturer's documentation,
all goods delivered to a UK mainland address carry a
specified manufacturer's warranty. |
| 8.3 |
If you
purchase goods in the course of your business, the
following provisions of this Clause shall apply. Other
than the express provisions set out in these terms and
conditions, all other terms and the implied terms or
warranties relating to the supply of goods are excluded
to the fullest extent permitted by law. Goods are not
tested or sold as being fit for any particular
application or for use under specific conditions, unless
expressly agreed in writing. |
| 8.4 |
If you
purchase services in the course of your business, the
following provisions of this Clause shall apply. Aqua
Natural Limited shall use its skill and expertise to
carry out any contracted works (the "Service(s)") to a
standard equivalent to that of a competent computer
professional, and shall warrant our work as free from
defects, for a period of 30 days after completion. In
particular, we cannot be held responsible for any fault
or damage not caused by Aqua Natural Limited services'
engineers or its contracted agents. In the event of a
claim arising relating to the level of skill and
judgement applied in the course of providing Services,
Aqua Natural Limited reserves at its sole discretion the
right to appoint an independent expert in the field to
appraise the work carried out in the execution of the
Service(s). Additionally, Aqua Natural Limited cannot be
held responsible for equipment installed or configured
when the equipment has subsequently been altered or
configured by persons other than Aqua Natural Limited.
Except as set out here, all other express or implied
terms or warranties relating to the Services are
excluded to the fullest extent permitted by law. |
| 8.5 |
Subject
to the right of Consumers to return goods for refund
under The Consumer Protection (Distance Selling)
Regulations 2000 (see Clause 13), Aqua Natural Limited
does not sell products on a trial basis. Customers are
strongly advised to check suitability and specifications
of products before ordering. In some instances,
Customers may benefit from special price discounts
issued by a manufacturer specifically for their benefit.
Such goods are not returnable to the manufacturer and
may not be sold to other customers. Accordingly, orders
for such goods can not be cancelled and Aqua Natural
Limited can only return or repair Goods where they prove
to be defective and the Goods are returned for repair or
replacement. |
| 8.6 |
In the
event that Aqua Natural Limited, at its discretion
(unless the Consumer Protection (Distance Selling)
Regulations 2000 apply, see Clause 13), agrees to accept
the return for credit of unwanted products, the goods
must be returned with Aqua Natural Limited's prior
written agreement within 14 days of delivery. The goods
must be unopened, with the manufacturers seals intact
and in perfect re-saleable condition All goods returned
in these circumstances (except where the Consumer
Protection (Distance Selling) Regulations 2000 apply,
see Clause 13) will be subject to a 25% re-stocking fee
of Aqua Natural Limited's sale price for the goods.
Please ensure that the product(s) you have purchased are
to your specification prior to breaking the
manufacturers seals. This will avoid disappointment and
the product(s) being rejected, should you wish to return
them. |
| 8.7 |
No
contract shall be cancelled once accepted by Aqua
Natural Limited nor shall any Goods which are delivered
in accordance with the contract be returned without
prior written approval of Aqua Natural Limited and on
terms to be determined at the absolute discretion of
Aqua Natural Limited. |
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a) |
Aqua Natural Limited's technical support staff
or Customer Support staff, as appropriate, will
advise you of which method of delivery to use to
return the products. Depending on the nature of
the product purchased, we will either arrange a
courier collection, or request that you return
the product directly to us. If the goods are
found on inspection to be defective, the cost of
returning the item will be refunded to you.
Authorised product returns must be sent to: Aqua
Natural Limited Returns (Aqua Natural Limited),
2 Cartsdyke Avenue, Greenock, Inverclyde, PA98 |
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b) |
Aqua Natural Limited offers a "no charge"
collection, repair and delivery service (on the
UK mainland only) for hardware which is shown to
be faulty provided that the fault is reported
within 14 days of delivery. If we have arranged
for a courier collection of your product, we are
unable to specify the collection time, and it is
your responsibility to ensure that someone will
be present at the collection address when the
courier arrives. |
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c) |
A
Goods Returns Authorisation Number (RAN) must be
obtained from Aqua Natural Limited for each and
every return so that we are able to
administratively process your return, otherwise
we have no means of identifying the Goods being
returned. This may result in difficulties in
returning monies. The RAN must be clearly shown
on each parcel returned, and must be in the
original manufacturer's packaging (which shall
not be defaced) complete with accessories,
manuals and documentation. Software packages
must be returned unopened with the software
seals in tact. Except in the case of faulty
Goods, returned items not complying with these
requirements will be rejected. |
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d) |
Aqua Natural Limited cannot accept liability for
packages damaged during transit. It is the
Customer's responsibility to wrap the product
adequately to prevent damage. |
|
e) |
Proof of postage is not proof of delivery and
you are therefore strongly advised to send your
package by recorded delivery, registered post or
courier, and to insure the goods for their full
value. |
|
f) |
On
receipt of the returned product, if following
the testing process, the product is found to be
in good working order without defect, we will
return the product to you, and the carriage
costs of this return will be your
responsibility. Please note that if you have, in
the meantime, required us to provide you with a
replacement product before completion of the
testing process, you will have to pay for this
product also. This Clause does not apply to
Consumers returning goods pursuant to Clause 13. |
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g) |
Unless otherwise stated in the manufacturer's
documentation, all goods delivered to a UK
mainland address carry a specified
manufacturer's warranty. Customers who wish to
make a warranty claim must comply with the
manufacturer's instructions and warranty
procedure. In order to resolve your problem as
quickly as possible, we will refer you to the
product manufacturer who will deal directly with
the return. In these instances, we will provide
you with the contact information for the
relevant manufacturer. If you are a consumer,
this does not affect your statutory rights. |
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h) |
This warranty shall not apply if the goods have
been worked upon, altered or damaged in any way
by the Customer or its employees or agents, or
to goods not used in accordance with the
manufacturer's instructions. |
|
i) |
No
software on which seals have been broken can be
returned for credit. If any software discs are
faulty, the manufacturer will replace them. If
you are a consumer this does not affect your
statutory rights. Please note Software Licences
are non returnable unless the software is
materially non-compliant with its specification
or the physical media on which it is supplied is
defective. |
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| 8.8 |
This
clause shall not apply to: |
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|
a) |
Aqua Natural Limited PC’s or other Goods not
featured in our Catalogue (specials) made to
your specifications; and |
|
b) |
Sealed computer software which has been opened
by you. |
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9. Aqua
Natural Limited's liability |
| 9.1 |
In its
dealings with Business Customers, Aqua Natural Limited
shall under no circumstances be liable for any
consequential or indirect damage or loss, however
caused, including (but not restricted to) loss of
business or profits, loss of goodwill, damage to trading
relationships loss of data and other financial loss.
("Financial loss" in this sense does not refer to the
price you have paid for the goods, which we may be
liable to refund to you, in whole or in part, if the
goods are faulty or do not comply with their
description). Aqua Natural Limited's liability in
respect of all other losses shall be limited to the
invoiced amount of the relevant order. |
| 9.2 |
Nothing
in this agreement shall limit Aqua Natural Limited's
liability for death or personal injury caused by its
negligence. |
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10.
Health & Safety |
| 10.1 |
Aqua
Natural Limited confirms that the goods it supplies as a
distributor do not present a hazard to health and safety |
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|
a) |
when properly used for the purpose for which
they are designed; and |
|
b) |
if
the Customer takes reasonable and normal
precautions in their use. |
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11.
Force Majeure |
| 11.1 |
Aqua
Natural Limited shall not be liable to the Business
Customer/Consumer or be deemed to be in breach of the
contract by reason of any delay in performing or any
failure to perform any of Aqua Natural Limited's
obligations in respect of the Goods, if the delay or
failure was due to any cause beyond Aqua Natural
Limited's reasonable control. Without prejudice to the
generality of the foregoing, the following shall be
regarded as causes beyond Aqua Natural Limited's
reasonable control: |
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a) |
act
of God, explosion, flood, tempest, fire or
accident; |
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b) |
war, threat of war, sabotage, insurrection,
civil disturbance or requisition; |
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c) |
acts, restrictions, regulations, bye-laws,
prohibitions or measures of any kind on the part
of any governmental, parliamentary or local
authority; |
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d) |
import or export regulations or embargoes; |
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e) |
strikes, lock-outs or other industrial actions
or trade disputes (whether involving employees
of Aqua Natural Limited or of a third party); |
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f) |
difficulty in obtaining materials, labour or
machinery; and |
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g) |
power failure or breakdown in machinery. |
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| 11.2 |
If we
are unable to provide you with your Goods within a
reasonable time due to circumstances outside our
control, we shall either agree a new timescale with you
for the delivery of the Goods or either of us may decide
to terminate the contract in which case we will return
any prepayments that you have made in full. |
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12. Open
Box & Liquidation Products |
| 12.1 |
Goods
sold as "Open Box" or "Liquidation Stock" are downgraded
goods that Aqua Natural Limited is able to offer at a
discount on the normal catalogue price. Stocks of goods
offered as Open Box or Liquidation are limited and such
goods are sold subject to the following special rules.
These special rules apply in addition to, and in the
event of any conflict override, all of Aqua Natural
Limited's other terms and conditions, except those terms
and conditions specifically covering Consumers. |
| 12.2 |
"Liquidation Stock" and "Open Box" products, by their
very nature, have limited availability. Upon receipt of
an order, Aqua Natural Limited will check stock
availability. Until stock availability is confirmed to
the customer, a contract for sale will not be created
and no payment will be debited from the customer. |
| 12.3 |
All
goods sold by Aqua Natural Limited as "Open Box" or
"Liquidation Products" are sold subject to the following
special rules that apply in addition to Aqua Natural
Limited's other terms and conditions. |
| 12.4 |
Products are non-returnable unless we have made an error
or the goods are faulty; |
| 12.5 |
Prices
are not subject to value, cash or volume discounts. |
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13. The
Consumer Protection (Distance Selling) Regulations 2000 |
| 13.1 |
Contracts for the purchase of goods by a Customer not
acting in the course of a business and made over the
telephone or through the Aqua Natural Limited website,
or by mail order, are, with the exception of certain
excepted contracts, subject to The Consumer Protection
(Distance Selling) Regulations 2000 ('the Regulations'). |
| 13.2 |
If the Regulations apply, Customers may cancel goods
purchased from Aqua Natural Limited by sending a written
notice of cancellation by post or hand delivery
addressed to Customer Services at Aqua Natural Limited,
Darby Close, Park Farm South, Wellingborough, Northants
NN8 6GS or by fax to 0870 720 8623 or by e-mail to
custservice@Aqua Natural
Limited.co.uk |
| 13.3 |
The
notice of cancellation must be delivered within 7
working days of the day after date of delivery of the
goods. |
| 13.4 |
The
Customer will be responsible for the cost of returning
the goods if he or she exercises this right of
cancellation under the Regulations. If the Customer does
not actually return the goods to Aqua Natural Limited,
the Customer is under a duty to make the goods available
for collection at the Customer's expense from the
address to which they were delivered. |
| 13.5 |
The
Customer is under a duty to retain possession of the
goods whilst awaiting return to Aqua Natural Limited and
to take reasonable care of them during this period. The
Customer will be liable for any loss of or damage to the
goods if he or she fails to comply with this obligation. |
| 13.6 |
This
statutory right applies to all of our products except
for digital items where the item has been downloaded. We
also regret that we cannot accept cancellations of
contracts for the purchase of software products where
the product box has been opened. |
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14.
Errors & Omissions |
| 14.1 |
Aqua
Natural Limited makes every effort to ensure that all
prices and descriptions quoted in its catalogue and on
its website are correct and accurate. However, the
frenetic tempo of e-commerce makes it inevitable that
mistakes will occasionally occur. In the case of a
manifest error or omission, Aqua Natural Limited will be
entitled to rescind the contract, notwithstanding that
it has already accepted the Customer's order and/or
received payment from the Customer. Aqua Natural
Limited's liability in that event will be limited to the
return of any money the Customer has paid in respect of
the order. In the case of a manifest error in relation
to price, the Customer will be entitled to purchase the
goods by paying the difference between the quoted price
and the correct price, as confirmed in writing by Aqua
Natural Limited after the manifest error has been
discovered. |
| 14.2 |
A
'manifest error', as the term is used in sub-paragraph
(1) above, means, in relation to an incorrect price, a
price quoted in error by Aqua Natural Limited which is
more than 10% less than the price that would have been
quoted had the mistake not been made. |
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15. Data
Protection |
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Please note: Aqua Natural Limited has a full and
detailed privacy statement available by
clicking here |
| 15.1 |
Website Security
Aqua Natural Limited's website employs the SSL (Secure
Socket Layer) encryption standard in all secure areas,
including login pages, customer information and payment
details. Provided the Business Customer/Consumer is
using an SSL-compliant browser such as Netscape's
Navigator, Microsoft's Internet Explorer, Opera or
Firefox, the Business Customer/Consumer is able to
conduct encrypted transactions without fear of an
intermediary obtaining the Business Customer/Consumers
credit card information. |
| 15.2 |
Data
Protection & Data Security
Data is maintained under the provisions of the Data
Protection Act (1998), Aqua Natural Limited’s
registration number is Z6290748. Aqua Natural Limited
may contact the Business Customer/Consumer from time to
time to verify and update the data Aqua Natural Limited
holds on the records of the Business Customer/Consumer. |
| 15.3 |
Information Automatically Logged
Aqua Natural Limited uses your IP (Internet Protocol)
address to help diagnose problems with Aqua Natural
Limited’s server and to administer Aqua Natural
Limited’s website. The Business Customer/Consumer’s IP
address is also used to help gather broad demographic
information. A disk-based cookie (non session) is used
to identify the Business Customer/Consumer. |
| 15.4 |
Registration and data sharing
Aqua Natural Limited’s site registration and order form
requires users to give Aqua Natural Limited contact
information (such as name, email, and postal address),
unique identifiers (such as username and password),
demographic information (such as postcode), and
financial information (such as account or credit card
numbers).This data is stored for use in all Aqua Natural
Limited’s marketing communications and analysis. |
| 15.5 |
Aqua
Natural Limited Europe Ltd of which Aqua Natural Limited
is a part, may share the Business Customer/Consumer’s
information with selected 3rd parties outside Aqua
Natural Limited’s group, in order that they may contact
the Business Customer/Consumer to let the Business
Customer/Consumer know about goods or services which may
be of interest to the Business Customer/Consumer. To let
Aqua Natural Limited know if the Business
Customer/Consumer wish to opt-out of receiving such
information please contact Aqua Natural Limited.
However, irrespective of this, Aqua Natural Limited will
not share the Business Customer/Consumer’s email address
or personal telephone number with these 3rd parties. |
| 15.6 |
Aqua
Natural Limited may share a Business Customer/Consumer's
information with other companies in the group and other
third parties. The Business Customer/Consumer may be
contacted or sent information in respect of further
goods and services available and should inform Aqua
Natural Limited in writing in the event that the
Business Customer/Consumer does not wish to receive
this. |
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16.
General terms of business |
| 16.1 |
Nothing
in these terms and conditions affects your statutory
rights as a Consumer. |
| 16.2 |
If any
provision in this Agreement is held to be invalid or
unenforceable, it shall be deemed severed from the
Agreement and this shall not affect the validity or
enforceability of the remaining provisions. |
| 16.3 |
Any
waiver of a breach of this Agreement must be in writing. |
| 16.4 |
Any
variation of this Agreement must be in writing and
signed by a duly authorised Aqua Natural Limited
official. |
| 16.5 |
The
headings are for convenience only and shall not affect
the interpretation of this Agreement. |
| 16.6 |
Assignment You must not transfer any contract made with
us under these Conditions, as it is personal to you,
without written authority from us. This authority will
not be refused without good reason. |
| 16.7 |
Insolvancy |
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| |
This clause applies if: |
|
a) |
the
Business Customer/Consumer makes any voluntary
arrangement with its creditors or (being an
individual or firm) becomes bankrupt or (being a
company) becomes subject to an administration
order or goes into liquidation (otherwise than
for the purposes of amalgamation or
reconstruction); |
|
b) |
An
encumbrance takes possession, or a receiver is
appointed of any of the property or assets of
the Business Customer/Consumer ; or |
|
c) |
Aqua Natural Limited reasonably apprehends that
any of the events mentioned above is about to
occur in relation to the Business
Customer/Consumer and notifies the Business
Customer/Consumer accordingly. |
| |
If
this clause applies then without prejudice to
any other right or remedy available to Aqua
Natural Limited, Aqua Natural Limited shall be
entitled to cancel the contract or suspend any
further deliveries under the contract without
any liability to the Business Customer/Consumer
and if the Goods have been delivered but not
paid for, the price shall become immediately due
and payable notwithstanding any previous
agreement or arrangement to the contrary.
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| 16.8 |
Customer Service queries
Aqua Natural Limited shall make every reasonable effort
to resolve or acknowledge by post, telephone or email
any queries which the Business Customer/Consumer has
made within 48 hours of receipt of any such query.
Aqua Natural Limited shall make every reasonable
endeavour to respond to complaints within 5 working days
and keep the Business Customer/Consumer reasonably
notified of any progress thereafter.
Telephone calls made to Aqua Natural Limited may be
recorded for training purposes. |
| 16.9 |
Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights
under this contract.
The parties hereby exclude the application of the
Contracts (rights of Third Parties) Act 1999 to each and
every contract made under these Conditions. |
| 16.10 |
No
Waiver
Aqua Natural Limited's failure to insist upon strict
performance of any provision of these Conditions shall
not be deemed a waiver of its rights or remedies in
respect of any present or future default of the Business
Customer/Consumer in performance or compliance with any
of these Conditions. |
| 16.11 |
Notice
Any notice required or permitted to be given by either
party to the other under these Conditions shall be in
writing addressed to the other party at its registered
office or principal place of business or such other
address as may at the relevant time have been notified
pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first
class prepaid recorded delivery of by registered post
(airmail if overseas) or by facsimile transmission and
shall be deemed to be given in the case of delivery
personally on delivery and in the case of posting (in
the absence of evidence of earlier receipt) 48 hours
after posting (six days if sent by airmail) and in the
case of facsimile transmission on completion of the
transmission provided that the sender shall have
received printed confirmation of transmission.
|
| 16.12 |
Enforceability
If any provision of these Conditions is held by any
competent authority to be invalid or unenforceable in
whole or in part the validity of the other provision of
these Conditions and the remainder of the provision in
question shall not be affected. |
| 16.13 |
Dispute
In the event of a dispute between the Business
Customer/Consumer and Aqua Natural Limited, should Aqua
Natural Limited in writing require, the Business
Customer/Consumer agrees to submit to the jurisdiction
in accordance with the Arbitration Act 1996 for the time
being in force as a legally binding alternative to court
action. |
| 16.14 |
Jurisdiction
The contract shall be governed by the laws of England &
Wales and the Business Customer/Consumer agrees to
submit to the non-exclusive jurisdiction of the English
courts. |
| 16.15 |
Images
Product images are provided for illustrative purposes
only and the actual product you receive may differ from
the image displayed in the catalogue or on our website,
especially with generic products. |
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Aqua
Natural Limited PC Warranty
Thank you for choosing to purchase a Aqua Natural
Limited PC. We hope it will provide you with years of
trouble free computing. Please take the time out to read
this document regarding warranty terms and conditions of
your Aqua Natural Limited PC.
1. Terms |
| 1.1 |
Aqua
Natural Limited (Company number SC114113) ("Aqua
Natural Limited") warrants that the computer system you
purchased (including the CPU base unit, keyboard, mouse,
Microsoft operating system and other software
applications (if any) supplied as an integral part of
the system but excluding any and all Accessories as
defined below) ("the System") will be free from defects
in materials and workmanship for a period of one year
beginning on the date of Aqua Natural Limited’s invoice
("the Initial Warranty Period"), subject to the
conditions and limitations described below. |
| 1.2 |
Subject
to the conditions and limitations set out below, you are
entitled to full parts and labour cover in respect of
System defects notified to Aqua Natural Limited during
the Initial Warranty Period. In addition, you are
entitled to free labour only cover (i.e. parts not
included) in respect of System defects notified to Aqua
Natural Limited during the 2-year period after the end
of the Initial Warranty Period ("the Extended Warranty
Period"). The promises made in clause 1.1 and this
clause 1.2 shall hereafter be referred to as "the
Warranty". |
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2. The
Warranty
This Warranty only applies to purchases made in the
United Kingdom. |
| 2.1 |
The
Warranty covers normal use and excludes cover for damage
resulting from: |
| |
|
a) |
Return shipment by you to Aqua Natural Limited
(where applicable) |
|
b) |
Your failure to provide a suitable installation
or operating environment for the System |
|
c) |
Impact with other objects, dropping, falls,
spilled liquids or immersion in liquids |
|
d) |
Servicing of the System not carried out or
authorised by Aqua Natural Limited |
|
e) |
Usage not in accordance with the user
instructions provided with the System |
|
f) |
Failure to perform required preventive
maintenance |
|
g) |
Accident, abuse, misuse or neglect |
|
h) |
Natural disasters such as flood, fire or
lightning |
|
i) |
Problems with electrical power such as power
surges and |
|
j) |
the
use of parts, components, services or software
not supplied by Aqua Natural Limited. |
|
| 2.2 |
This
Warranty does not cover damage resulting from failure to
back up data or other files, nor does it cover damage
caused by programs, data, viruses or other files. Aqua
Natural Limited is not responsible for any loss of your
data and recommends that you maintain a back up system
at all times to rebuild or reconstruct lost or altered
files, data or programs. |
| 2.3 |
Warranty cover will not apply in the event the serial
number has been removed, altered or defaced.
|
| 2.4 |
Aqua
Natural Limited makes no representations or warranties,
express or implied, with respect to services provided by
Internet service providers (ISPs). This includes their
ability to provide services, their ability to work with
Aqua Natural Limited systems, interruption of service,
or their ability to sustain such services over extended
periods of time. Aqua Natural Limited is not affiliated
and has no agency relationship with providers of such
services and is not responsible for their actions or
inactions. |
| 2.5 |
This
Warranty does not cover any items in the following
categories; software not supplied as an integral part of
the System, joysticks, printers, scanners, speakers,
cameras (collectively "Accessories") nor any other
parts, hardware or software not supplied by Aqua Natural
Limited. Any Accessories supplied by Aqua Natural
Limited are covered only by their manufacturers
warranties (if any) details of which were supplied to
you on delivery of the System. |
| 2.6 |
Except
as expressly set out in these conditions, Aqua Natural
Limited gives no other warranties, expressed or implied,
including, without limitation, any warranties of
satisfactory quality or fitness for a particular
purpose, and Aqua Natural Limited expressly disclaims
all warranties not stated herein. |
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|
3.
Returns/Replacements/Repairs |
| 3.1 |
During
the Initial Warranty Period, if Aqua Natural Limited is
satisfied that the System is defective or damaged, Aqua
Natural Limited will, at it's sole discretion, repair or
replace the System or the defective or damaged part(s)
thereof or refund to you the amount you paid for the
System, less a reasonable sum for depreciation.
|
| 3.2 |
Warranty claims can be made by calling the Aqua Natural
Limited Technical Support Department. Please see your
User guide for the relevant contact details. When
calling, you must have the following information
available; |
| |
|
a) |
Your customer number; |
|
b) |
The
System serial number; and |
|
c) |
A
description of the problem. |
|
| 3.3 |
Valid
proof of the date of your original purchase, including
the serial number of the System, shall be required
before any warranty service is provided. If the Aqua
Natural Limited technician determines that the System is
defective and that a repair or a replacement product is
required, you will be given a Return Authorisation
Number (RMA) for the return of the defective product.
This number must be clearly marked on a label on the
outside of the original packaging, prior to return.
|
| 3.4 |
Aqua
Natural Limited will collect and return the System (or
defective part thereof) free of charge if the defect is
notified to Aqua Natural Limited within the Initial
Warranty Period. If the defect is notified to Aqua
Natural Limited during the Extended Warranty Period you
will be required to return the System to Aqua Natural
Limited at your own expense. Alternatively, upon
request, Aqua Natural Limited may, at its discretion,
arrange a collection and return service, at your cost,
payable at the time of collection. |
| 3.5 |
If Aqua
Natural Limited supplies a replacement system or part to
you before receiving the defective System or part from
you, you are responsible for the return of the defective
System or part and will be charged the full sales value
of the replacement System or part if the defective
System or part is not received by Aqua Natural Limited
within 30 days of delivery of the replacement.
|
| 3.6 |
Aqua
Natural Limited manufactures its computer systems from
parts and components that are new or equivalent to new
in accordance with industry standard practices. Aqua
Natural Limited owns all parts removed from repaired
products. Aqua Natural Limited uses new and
reconditioned parts made by various manufacturers in
performing warranty repairs and building replacement
products. If Aqua Natural Limited repairs or replaces
the System (or any part of it) under Warranty, the term
of the Warranty is not extended. |
| 3.7 |
In the
event of a hard drive being replaced, the System will be
restored to its original configuration when purchased.
Any servicing carried out by Aqua Natural Limited does
not include data back up and/or data restoration.
|
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|
4.
Remedies |
| 4.1 |
In all
cases, your sole remedies for a System failure are
limited to those contained in these conditions.
|
| 4.2 |
Except
in the case of personal injury or death caused by the
negligence of Aqua Natural Limited or its authorised
sub-contractors, Aqua Natural Limited will not be
responsible for any incidental or consequential damages
which may occur as a result of your use of the System,
the System's failure to perform under any circumstances,
any replacement part provided under warranty or any
other circumstances including without limitation losses
of the types listed below: |
| |
|
a) |
Loss of profit; and/or |
|
b) |
Loss of anticipated savings. |
|
c) |
Loss of business and/or goods; and/or |
|
d) |
Loss of revenue; and/or |
|
e) |
Loss of contract; and/or |
|
f) |
Loss of goodwill; and/or |
|
g) |
Loss of use; and/or |
|
h) |
Loss and/or corruption of data and/or other
information; and/or |
|
i) |
Downtime; and/or |
|
j) |
Any
damage relating to the procurement by you of any
substitute hardware or software. |
|
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