TERMS AND CONDITIONS OF SALE
H3O (UK) Limited

1 DEFINITIONS
1.1 The "Buyer" means the individual, partnership, company or other organisation who buys or agrees to buy Goods from the Seller;
1.2 The "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 The "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" mean the articles that the Buyer agrees to buy from the Seller;
1.5 The "Seller" means H3O (UK) Limited of Metropolitan House, 20 Brindley Road, Manchester, M16 9HQ that owns and operates H3O and H3Owater.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means H3Owater.co.uk.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be the price stipulated on the sales order form or on email or written correspondence from the Seller. The price is exclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, will be displayed on the sales order form prior to confirming the order.
4.3 After the order is received, the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 In the case of consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 In the case of all other sales, payment of the price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller, unless otherwise stated.
4.6 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date that payment is received by the Seller, at a rate of 5.00% above the base rate of the Bank of England.
4.7 The Seller may at its option, in the case of outstanding debts which have become overdue, refuse to supply further goods on hire until such time as outstanding invoices are paid, for the purpose of this clause any remittance received will be applied to the outstanding invoices in age order (oldest first). The Seller may at its option withdraw account facilities, where invoices are not paid within 30 days of date of invoice.
4.8 The Seller reserves the right to charge for any legal or collection charges where it is necessary to obtain payment from you for an overdue account through a third party or Court proceedings.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically review and update the prices of its Goods.  Prices of Goods cannot be guaranteed for any length of time. 
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7 DELIVERY
7.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of orders placed before 3pm GMT. (subject to stocking availability)
7.2 Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order. (subject to stocking availability)
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified on the purchase order form (or sales order form) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone +44 (0)161 886 4762 or by email info@h3owater.co.uk within 3 working days of delivery if the Goods are damaged, defective or do not satisfy the description on the sales order form (or purchase order form). If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made, the Buyer shall be entitled to a full refund or replacement on condition that the Goods are deemed on inspection by the Seller to be defective and/or damaged.
8.3 Where a claim of defect or damage is made, Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured for this journey.  Upon satisfaction of clause 9.2, the Buyer will receive from the Seller a refund of all monies paid for the defective and/or damaged Goods (except for return postal charges) within 30 days of return.
8.4 Where returned Goods are found to be damaged due to the Buyer’s fault, the Seller will not be liable to replace and/or refund the cost of the returned Goods.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies available to the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods ordered and paid for and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to amend these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.