Our Agreement with You
Terms This document sets out the terms of the agreement between you the customer named overleaf (“the Customer”) and us Whitewater Bathrooms the Company named overleaf (“Whitewater Bathrooms”). We both agree that only these terms will apply to the arrangements between us unless changes to these terms are agreed by us both and are in writing.
Availability The agreement between us is subject to availability of the products to be sold or services to be rendered. We Whitewater Bathrooms shall be entitled to cancel the agreement at any time and if we do so our liability to you will be limited to us having to return any money paid to Whitewater Bathrooms which we will do immediately. If payment has been made to us by somebody else on your behalf (e.g. a Credit Card Company or a Bank) the repayment shall be made to them.
Delivery If we Whitewater Bathrooms have given you a date for delivery of products or for services to be carried out we both agree that this is an estimate only and that we will not be liable to you if the delivery date is not met provided that we deliver the products or perform the services within a reasonable period of time.
Where we Whitewater Bathrooms are only delivering products to you and are not also providing installation services we will deliver the products to the nearest entrance to the delivery address at ground floor level only. It shall be the responsibility of you the Customer to get the products from that point to the part of your house or delivery address that you require them.
Some of the products Whitewater Bathrooms supply are large (in particular Shower Cabins and some baths) and it may be difficult and sometimes not possible without modifications to the premises for you to get the items up small or sharp turning staircases or through small doorways. Unless Whitewater Bathrooms have undertaken a site survey, it shall be the responsibility of you the customer to satisfy yourself that the access to the room into which the items are to be fitted is sufficient for the size of the product purchased and to modify the premises if necessary.
We reserve the right to make a charge for any delivery which is abortive due to an act or omission on the part of you the customer.
Risk passes on delivery Once we Whitewater Bathrooms have performed delivery as set out above the responsibility for the products passes from us to you the customer including the risk of them becoming damaged. It shall be the responsibility of you the customer to inspect the goods upon delivery to ensure that they are in a satisfactory condition. Whitewater Bathrooms will not consider any claims for damaged goods unless the claim has been notified to us within 48 hours of delivery and provided that the fitting or installation of them has not already commenced.
Check before fixing Some of the goods we Whitewater Bathrooms supply have variations of shading, size and finish. We both agree that depending on the nature of the products supplied a degree of variation of shading is acceptable. In any event, you the Customer are responsible for checking the satisfactory degree of shading variation and satisfactory nature of the goods (including any damage) before fixing or installing any of the products and if you are not satisfied with the shading, size or finish, you must notify us before proceeding further with any work. We will not be responsible for any losses incurred by you if you do not adhere to this part of our agreement.
Marble Marble is a natural product and has a greater degree of variation to any of Whitewater Bathrooms other products and this applies not only to shading but also to the pattern that is produced with such a natural product. It is impossible to get two marble products that are the same as each other in shading and/or design. You the Customer are most likely to have purchased Marble products from viewing a catalogue or from a display in a Whitewater Bathrooms showroom. We both agree that it is accepted that any marble product Whitewater Bathrooms supply will not be the same as the one you the Customer may have seen in our catalogue or showroom but will be similar.
Site Survey Except in cases where we Whitewater Bathrooms are providing installation services and as part of those services we have undertaken a site survey it is the responsibility of you the customer and not the responsibility of Whitewater Bathrooms to ensure that the products are suitable for the place you wish to install them.
Installation Where we Whitewater Bathrooms are providing installation or fixing services we shall be entirely responsible for the quality and other provisions of such service. However we often do not provide installation services; sometimes we do help you the customer to choose a person, firm or company to provide you with installation services directly by giving to you the contact details of one or more such persons. When and if we do this it is agreed that Whitewater Bathrooms in no way recommends the use of such a person firm or company and that all agreements for the installation shall be between you the customer and the person you may choose and Whitewater Bathrooms shall have no responsibility or liability with regard to the installation or for any act or omission of the installer.
Pre Installation Requirements Where we Whitewater Bathrooms are providing installation services it shall be the responsibility of you the Customer to ensure that the place where the installation services are to be provided are safe and have been prepared ready for the installation works to commence. In particular, we may both have agreed separately that in addition to these terms you are to have undertaken certain works such as the provision of plumbing or electrical supply before the installation works we have agreed to do can commence. In the event that you the Customer may have failed or omitted to complete any pre installation works then Whitewater Bathrooms may choose either to decline to proceed with the installation services until you have undertaken the pre installation works or alternatively Whitewater Bathrooms may be at liberty to carry out the said works at the expense of you the customer and payment will be due from you immediately upon completion of these additional works.
Additions to Installation Works Where we have agreed a price to undertake installation works this is agreed on the basis of the information which is known to Whitewater Bathrooms at the time or which ought reasonably to have been known to Whitewater Bathrooms. Occasionally during the course of installation works matters do sometimes arise which are unforeseen or which we could not have been expected to foresee. You the Customer agree that in these circumstances there may be additional works that are required to be done for which an additional fee will be payable by you based on a fair and reasonable amount for the work involved and the materials necessary. Whitewater Bathrooms agree that no such additional works will be done or charged for unless we have given you the Customer prior notice.
Payment We will have agreed overleaf the time for payment by you the Customer and the amount of any deposit or stage payments. We both agree that the terms as to payment are fundamental to the agreement between us and that any breach of those terms by you the Customer would entitle Whitewater Bathrooms to treat the agreement as being broken. Whitewater Bathrooms would then be entitled to claim from you an amount of money equal to the amount of money they have lost because of your fundamental breach of the terms as to payment.
Unless stated otherwise all prices quoted are exclusive of VAT which shall be added at the prevailing rate.
Retention of Title Whitewater Bathrooms remains the legal owner of the goods until payment in full has been made for them. If you the Customer obtain possession of the goods before making full payment for them you agree to hold them on behalf of Whitewater Bathrooms until full payment has been made when you the Customer will then become the legal owner.
Trade Accounts If you the customer are a person firm or company engaged in the business of supplying goods or services to others we may from time to time agree additional terms allowing you credit. For the avoidance of doubt, Whitewater Bathrooms are not obliged to offer to you any credit terms and may decline to do so. In the event that no such Credit Terms have been previously agreed, payment is due in advance of or upon delivery (as Whitewater Bathrooms specify).
If Credit Terms have been agreed Whitewater Bathrooms may give 30 days written notice to you the Customer to vary or bring the Credit Terms to an end.
In the event that you the Customer breach any Credit Terms (either as to non payment or exceeding your credit limit) then we agree that this is a fundamental breach of our agreement and that the whole of the amount then outstanding for all goods supplied or services rendered shall become immediately due and payable in full notwithstanding the previously agreed credit terms.
Re-stocking Policy Goods are not sold on a sale or return basis and once ordered, you the customer are liable for payment in full. At the absolute discretion of Whitewater Bathrooms we may (upon production of a valid sales receipt) accept the return of products delivered or the cancellation of this agreement (or part of it) by you upon you paying a minimum re-stocking or cancellation fee of 30% of the price of the goods. We will not however consider exercising this discretion if the goods have been damaged, modified or have in any way been changed or altered from the condition they were in when delivered or you have taken steps to start to install them or if they are of a bespoke nature.
Storage of Products Whitewater Bathrooms will wish to make delivery of the products ordered by you the customer on the estimated delivery date or if no delivery date then as soon as the product is available for delivery. If for any reason you the customer wish to postpone the delivery Whitewater Bathrooms will store the product free of charge for a period of 7 days. If you the customer are not then ready to have Whitewater Bathrooms deliver the goods at the expiry of 7 days Whitewater Bathrooms shall continue to store the products for a maximum of a further 21 days but Whitewater Bathrooms will be entitled to charge you the customer a fair and reasonable sum for the costs incurred which will include the storage, insurance and administration. Whitewater Bathrooms will have no obligation to store the products beyond this period and you the customer will need to either take delivery or arrange your own storage of the products elsewhere.
Third Party Rights We both agree that a person who is not a party to this agreement (in other words someone other than Whitewater Bathrooms or you the Customer) will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the agreements we have made.
Data Whitewater Bathrooms will collect and store personal data relating to you the Customer including your name and address, telephone numbers and email details and any other personal details you may give us. You agree to us storing this information, sharing it with other Whitewater Bathrooms companies and agents and for us to use it to notify you of future products we may feel we are able to provide in the future and to check matters such as your credit rating but save for this Whitewater Bathrooms will not use the information for any other purpose without your prior written consent.
29 CHURCH STREET ATHERTON MANCHESTER M46 9DE