TERMS AND CONDITIONS OF SALE
WATER DIRECT is a trading name of Water Direct Limited (“the Company”)
Registered No 3806395
Registered Office: Stanford Bridge Farm, Station Road, Pluckley, Ashford, Kent, TN27 0RU
The Company’s address for all communications is:
Victor Building, Unit 19, Earls Colne Business Park, Earls Colne, Colchester, Essex, CO6 2NS
Telephone 0345 345 1725, Email firstname.lastname@example.org
Notwithstanding any declaration condition or statement to the contrary that may be contained in the
Customer’s purchase order this declaration irrevocably constitutes the Customer’s expressed written
agreement and unqualified acceptance of these Terms and Conditions as being the sole terms and
conditions applicable to this Agreement and further The Customer waives any right it might otherwise
have to rely on any term endorsed upon delivered with or contained in any documents of the Customer
that is inconsistent with these Terms and Conditions. Where you are a Consumer then please note the
bold provisions below apply and the Annexe concerning cancellation.
In this agreement unless the context otherwise requires;
“Acceptance” means the Customer is deemed to have accepted and agrees to these Terms and Conditions in their entirety by the
placing of an order or giving instructions, verbally, in writing or otherwise, for the Services or Equipment and/or the signing of a Hire
Agreement. The placing of an order or giving instructions is deemed to be acceptance of the Price and conditions of Offer, without
Acknowledgement” shall be the acknowledgement by the Company verbally, in writing or otherwise of the Customer’s instructions
for the provision of Goods Services and/or Equipment;
“Cancellation” means the cancelling by the Customer of the Services following the placing of instructions verbally, in writing or
otherwise with the Company to provide Services. A cancellation charge will be made as defined in the Offer;
“the Company” means Water Direct Limited trading as WATER DIRECT;
“the Customer” means any person, partnership, firm, body corporate, public or private limited company, corporation, institution or
trust that instructs the Company verbally, in writing or by any other means to provide services to it;
“Chlorine Residual” means the low-level amount of chlorine remaining in drinking water after a certain period or contact time after
its initial application. It constitutes an important safeguard against the risk of subsequent microbial contamination after treatment.
“DUN” or “Delivery/Uplift Note” means the Company’s document listing the Goods Services and/or Equipment provided to the
Customer’s Location or Premises on the Effective date and/or uplifted from the Customer’s Location or Premises at the end of the Hire
period or completion of the works. The absence of a signature on the DUN by the Customer or the Customer’s representative shall
not absolve the Customer from any liabilities under the Agreement;
“Duration” means the duration in time of the service provision including but not limited to the Hiring of the Company’s Equipment
associated with the Service. Duration of the Equipment Hire is from the Effective Date until the date of uplift of the Equipment from the
Location by the Company;
“Effective date” means the date upon which the Services are provided or the date upon which the Service provision commences;
“Emergency Mobilisation” means the Company’s supply of Goods Services and/or Equipment including Replenishment to the
Customer at the Customer’s request with less than 24 hours’ notice of the requirement or the Effective date. There may be exemptions
to this definition under certain circumstances and without limitation in particular where there are events of Force Majeure; ;
“Equipment” means the hired equipment such as (but not exclusively) water tankers (whether or not self-propelled) water tanks,
pipework, pumps and other equipment detailed in the Offer and/or listed in the Schedule forming part of the Hire Agreement, or as
required by the nature of the Customer’s need whether listed in the Offer or the Schedule or not;
“Estimated Time of Arrival (ETA)” is an estimated time given in good faith at the time of confirmation of the Customer’s order for
provision of the Goods or Services by which the Goods or Services should, subject to traffic and weather conditions, arrive at the
Location. This time is not a guarantee and no liability will be accepted for deliveries arriving before or after the ETA and without
limitation in particular where there are events of Force Majeure;
“Force Majeure” means in relation to either party any circumstances beyond the reasonable control of that party (including without
limitation if the delay or failure was due to:- (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the
act of any government or authority (including refusal or revocation of any licence or consent, (iv) fire, explosion, flood, fog or bad
weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery, vehicles or other equipment,
(vi) default of suppliers or sub-contractors, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, (viii) any
pandemic , epidemic including without limitation any virus and any resultant delays resulting from such viral outbreak, pandemic,
epidemic or outbreak any cause or circumstance whatsoever beyond the party’s reasonable control.
“Goods” means non-returnable goods such as bottled water or any other goods detailed in the Offer which the Customer purchases
outright from the Company;
“Hire Agreement” means a written agreement detailing in the Schedule the Equipment to be hired to the Customer at the Location
as part of the Services and the anticipated Duration of the Hire Period and signed by the Customer prior to the provision of the Services.
The signing by the Customer of a Hire Agreement is deemed to be acceptance of these Terms and Conditions;
“Hire period” means the Hire Period shall end on the uplift of the Equipment from the Location by the Company with the Equipment
being in good and acceptable condition;
“Insurance Value” means the value for insurance of Equipment provided under a Hire Agreement for which the Customer shall be
liable in the event of total loss or irrevocable damage to the Equipment occurring during the Hire Period;
“Liability” means any liability arising by reason of any representation or any breach of any implied term or any duty at common law
or under any statute, or under any express term of this Agreement;
“Location” means the location of the Equipment shown in the Offer or the Schedule or any other location agreed from time to time
between the parties;
“Losses” means, in relation to the Customer any loss (whether loss of profit or otherwise) damages, costs or other compensation and
any legal or other expenses which is or are awarded against or incurred by or paid or agreed to be paid in settlement of any claim by
the Customer however the same may arise and whether occasioned by the negligence of the Company its employees or agents or
“Mobilisation fee” means the fee charged by the Company for mobilising the delivery of Goods Services and/or Equipment including
Replenishment as an Emergency Mobilisation;
“Normal Working Hours” means the hours of 08.00 to 17.00 inclusive on any Working Day;
“Offer” means an offer by the Company to provide Services as conveyed verbally or detailed in a written Quotation or Schedule;
“Operational Response” means the Company’s attendance upon the Location for a Customer defined purpose outside the agreed
provision of Services as defined in the Offer or Hire Agreement;
“Ownership” means all Equipment hired to the Customer under a Hire Agreement or otherwise shall remain the property of the
Company at all times;
“Payment” means the receipt by the Company of irrevocable cleared funds from the Customer in full settlement of invoices issued
for fees and the provision of Goods, Services and Equipment. Acceptable methods of payment are Card, BACS or cheque if a trading
account is in place;
“Planned” means an order is confirmed (and paid where applicable) before 17:00 the day prior to provision of Goods, Services and
Equipment. There may be exemptions to this definition under certain circumstances;
“Premises” means the premises, property or location which the Customer has identified and stipulated for delivery of the Services
“Price” means the price charged by the Company for the Goods and/or Services including but not limited to rental hire charges,
repairs and replacement costs as described in the Offer and/or the Schedule and VAT thereon if applicable;
“Quotation” means a written Offer to provide Goods and/or Services to the Customer. Unless expressly stated otherwise, quotations
remain valid for acceptance within 30 days of the date thereof and further Prices quoted without a contract arising expire 90 days after
date of issue and after such time the Company reserve the right to requote;
“Reactive” means an order is confirmed (and paid where applicable) later than 17:00 the day prior to provision of Goods, Services
and Equipment, or in cases where a requirement is immediate. There may be exemptions to this definition under certain circumstances;
“Replenishment” means the refilling of vessels on hire with Water from time to time. The Customer is to give at least 24 hours’ notice
of their requirement for Replenishment. Failure to provide this minimum notice period shall incur a Mobilisation fee in addition to any
“Response time” means the time period between the instructions to proceed and receipt of cleared funds, if applicable, from the
Customer for Services and the estimated time of arrival at the Location or Premises of the Company with the requested Goods,
Services and/or Equipment;
“Retrieval” means the taking back by the Company of Goods and Equipment which remain the property of the Company due to nonpayment or late payment by the Customer for any reason;
“Schedule” means the schedule of Services and Equipment forming part of a Hire Agreement;
“Security Deposit” means the charge made by the Company prior to delivery of the Equipment which shall be refundable in part or
whole subject to loss or damage of Equipment within 10 working days of uplift;
“Services” means the physical supply of water and/or associated services as defined in the Offer but excluding the Equipment;
“Trading account” means an approved credit account set up by the Company for the Customer following usual credit checks and
references. Until such time as a Trading account is in place the Customer shall make full Payment prior to the Company despatching
the Goods, Services or Equipment;
“Termination” means notice to terminate the Hire of Equipment by either party giving to the other by email and/or first class post to
the address of the other no less than 5 working days’ notice except in an emergency. In the absence of such notice the Hire of
Equipment at the Customer’s Premises or Location shall automatically cease 90 days after the Effective Date whereupon the Company
shall recover the Equipment from the Premises or Location and a new Offer of Services shall be made if the parties agree;
“Terms of payment” means the terms of payment detailed in the Offer. Unless expressly stated otherwise these terms of payment
shall be full payment in advance of despatch of the Goods Services and Equipment, or for holders of a Trading Account net 30 calendar
days from date of invoice;
“Title” means the title in all goods and services remains with the Company until irrevocable full Payment in cleared funds is received
by the Company. Refer also to “Ownership” relating to Equipment;
“Water” means clean wholesome drinking water as defined by the latest and current Water Supply (Water Quality) Regulations
(England and Wales) unless expressly defined otherwise in the Offer;
“Working Day” means any day other than Saturday or Sunday or a Bank or Public Holiday;
“VAT” means Value Added Tax;
1. Responsibilities of the Company:
1.1 The Company shall acknowledge receipt of the Customer’s instructions to the Customer within 24 hours of receipt of those
1.2 The Company shall:
1.2.1 Provide the Customer with the Services and the Equipment described in the Offer and/or the Schedule at the Premises or
Location within the Response Time and for the Duration for the Price, subject to these Terms and Conditions.
1.2.2 These Terms and Conditions are between us as a Company to you as a business customer whenever your business is
invoiced or it is presumed where the items in a Quotation are of a mixed nature being both a commercial and a consumer
Good or Service then we shall presume that the contract is business to business.
1.3 The Service provision shall take effect on the Effective Date and the Company shall continue providing the Service for the
Duration thereafter until terminated by either party or until the automatic cessation of the Service provision as described in these
Terms and Conditions.
1.4 The Company may vary the Price by giving one calendar months’ notice in writing to the Customer expiring on any day one
month or more after the Effective Date.
1.5 The Company shall charge the Customer a Mobilisation Fee in addition to the Price of Services as defined in the Offer in the
event that the Customer requires the Emergency Mobilisation of Equipment or Services and such fee, which is non-refundable,
must be paid by the Customer in advance of the physical supply of Services and Equipment. Acceptable methods of payment
are by same day bank transfer or certain debit and credit cards or within 30 calendar days of invoice for Customers who hold a
current Trading Account.
1.6 If the Price is not paid (and for the avoidance of doubt Promissory Estoppel shall not apply) when due the Company may decline
to deliver or cease delivery or remove the Equipment and Services from the Premises without prejudice to any other remedies
the Company may have including clause 2.2 herein. Cessation of delivery or Retrieval of the Goods or Equipment by the
Company under this clause shall not relieve the Customer of its obligation to pay the Mobilisation fee or cancellation charge or
any other accrued charges under a Hire Agreement.
1.7 The Company shall charge a Security deposit for Equipment which shall be held on account for the Duration and which shall be
refunded less any costs associated with the loss or damage of Equipment as listed in the Offer within 10 working days of uplift
of the Equipment from the Location. Costs of replacing or repairing lost or damaged Equipment are identified in the Schedule
forming part of the Hire Agreement and any subsequent cost excess above the Security deposit value shall be invoiced for
payment in accordance with the Terms of Payment.
1.8 The Company shall provide and manage temporary water supplies and distribution networks described in the Offer using best
practice of the industry following the Company’s Quality Management System procedures and processes in accordance with
relevant Water Supply Regulations and Guidance, having due regard to British Standard Codes of practice.
1.9 The Company shall undertake dynamic risk assessments on arrival at the Customer’s Location to ensure safe systems of working
are achievable taking account of site conditions at the Location on the Effective Date. The Company reserves the right to
abandon the provision of Services and Equipment described in the Offer without refund if site conditions at the Location on the
Effective Date do or may threaten the health safety and welfare of Company employees or the Public or endanger the Company’s
assets including but not limited to the delivery vehicles, Equipment or Goods.
1.10 All water provided by the Company;
1.10.1 Is defined as ‘wholesome’ as determined under the Water Supply (Water Quality) Regulations, as amended.
1.10.2 Is fit for human consumption at the time of delivery and may be used for many purposes, including other than for human
1.10.3 Not guaranteed for any and all purposes. The Customer is advised to seek independent and appropriate verification of fitness
for purpose (source analysis and sample records are available upon request).
1.10.4 Is non-returnable and non-refundable in all or in part.
1.11 The Company shall if required provide evidence of due diligence for ensuring the water it provides for human consumption is
Wholesome as defined by Regulation 4 of the Water Supply (Water Quality) Regulations (England and Wales)and/or the Private
Water Supply Regulations 2009. This clause shall NOT apply in the event of a breach by the Customer of clause 2.9 and or
clause 2.15 of these Terms and Conditions of Sale.
1.12 The Company shall manage its Equipment at the Location throughout the Duration in accordance with Regulation 6(16, 17 and
18) of the Water Supply (Water Quality) Regulations or BS8551 Provision and management of temporary water supplies and
distribution networks Code of Practice (whichever applies to the scope of works supplied) when water stored within the
Equipment is intended for or used for human consumption the costs of which shall be paid by the Customer in accordance with
1.13 Estimated times of arrival (ETA’s) provided by the Company are done so in good faith and are subject to traffic conditions and
other factors beyond the control of the Company.
1.14 Unless otherwise agreed, planned bottled water deliveries may be made via a pallet network between 08:00 and 17:00, Monday
to Friday. “Aqube” deliveries may be made via a pallet network between 08:00 and 17:00, Tuesday to Friday.
1.15 The Company shall manage its Equipment at the Location throughout the Duration in accordance with the Company’s own
Quality Management Procedures in respect of routine cleaning and disinfection including where necessary taking routine
samples under planned schedules in accordance with the requirements of the quality assurance provided, the costs of which
shall be paid by the Customer in accordance with the Offer. Routine maintenance and Equipment exchange shall be undertaken
by the Company at no extra cost to the Customer providing that the required minimum Hire Period of 52 weeks has been reached
and the Customer has not breached the Terms and Conditions of Sale relating to the scope of works.
1.16 The Company ensures that the water delivered in its “Aqube” product is fit for human consumption at the time of delivery.
1.17 Where the Offer includes disinfection and sampling services the Company shall provide a certificate of the relevant test results
within 7 days of the disinfection and sampling services being undertaken.
1.18 The Company shall deliver Goods and Equipment using goods vehicles covered by the Road Haulage Association Limited
CONDITIONS OF CARRIAGE 2009 as amended.
1.19 The Company shall keep confidential any confidential information of the Customer that shall be provided to the Company by the
Customer for the purposes of the Company providing Goods Services or Equipment.
1.20 The Company may terminate the Contract with immediate effect by Notice in writing to the other Party if:
1.20.1 The Customer ceases or threatens to cease to carry on the whole or a substantial part of its business;
1.20.2 The Customer has any distress or execution levied upon its property or assets, or any of its property is subject to the exercise
of commercial rent arrears recovery;
1.20.3 The Customer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (as amended);
1.20.4 The Customer has a receiver or administrative receiver appointed over the whole or any part of its undertaking, property or
1.20.5 The Customer is the subject of a notice of intention to appoint an administrator, is the subject of a notice of appointment of
an administrator, is the subject of an administration application, becomes subject to an administration order, or has an
administrator appointed over it;
1.20.6 The Customer makes or offers any composition or voluntary arrangement with its creditors; or
1.20.7 a resolution is passed to wind up the Customer (other than for the purpose of a bona fide amalgamation or reconstruction
without insolvency) or any petition for its winding up is presented and not withdrawn or dismissed within seven days or an
order is made for its winding up; or
1.20.8 any bankruptcy petition is presented or a bankruptcy order is made against the Customer;
1.20.9 an application is made for a debt relief order, or a debt relief order is made, in relation to the Customer; or
1.20.10 The Customer is dissolved or otherwise ceases to exist.
2 Responsibilities of the Customer:
2.1 The Customer shall place instructions with the Company verbally to ensure instructions are received and which instructions shall
then be confirmed in writing by email to the Company within 24 hours or at least 48 hours before the Response Time whichever
is the sooner subject to any statutory rights of cancellation where a Consumer and only provided the cancellation form in the
Annexe is sent to the Company in accordance with statute.
2.2 The Customer shall make payment of the Security deposit and for the Goods Services and Equipment in accordance with the
Terms of Payment stated in the Offer. The Company will charge interest at the rate of 5% over HSBC Bank Plc base rate on all
2.3 The Customer shall insure or otherwise provide against any liability or responsibility not accepted by the Company and
specifically for loss of or damage to the Company’s Equipment Hired by the Customer as defined in the Schedule of the Hire
Agreement. The Customer to provide suitable evidence of such provision as required and reasonably requested of the Company
and not to be unreasonably withheld.
2.4 Unless the Company has granted the Customer credit terms under a Trading Account the Price in the Offer and all other charges
and fees must be paid as stipulated in the Offer in advance of the Service being provided the receipt of which payment shall be
acknowledged by the subsequent issue of a VAT invoice or receipt in due course.
2.5 Where the Price does not specifically include carriage the Customer shall pay such reasonable charge as the Company requires
for carriage of the Services and Equipment as per the Schedule.
2.6 If the Customer requires the Company to make an Operational Response the Customer shall pay the Company’s reasonable
fee as shown in the Offer or the Schedule.
2.7 An order or instructions for Goods Services and Equipment including Replenishment and Operational Response may be
cancelled by the Customer at any time by giving the Company notice verbally to ensure the instruction is received and which
instruction shall then be confirmed in writing by email but cancellation less than 2 working days before the requirement or
Effective date shall be charged as follows
2.7.1 Before 17:00 two or more working days prior to the Delivery; 0% of Quotation value.
2.7.2 Before 17:00 one working day prior to the Delivery; 65% of Quotation value.
2.7.3 Same day, or later than 17:00 one working day prior to the Delivery; 100% of Quotation value.
2.8 An Emergency Response may be cancelled by giving notice to the Company by telephone in the first instance and then confirmed
by email. The Mobilisation fee charged prior to despatch shall be forfeited and or the cancellation fee shall be paid in full.
2.9 Neither the Customer nor any third party may at any time tamper with, modify, open or cause to be opened any Equipment and
specifically sealed water storage vessels provided by the Company for any purpose including but not limited to refilling with water
from any source vessel or vehicle other than that provided by the Company under the Offer or Schedule. Evidence of tampering
shall render the Contract void and all liability for water quality shall pass to the Customer from the time at which the tampering
occurred and the Customer shall be solely responsible for ensuring protection of human health subsequent to exposure in such
event. The Company reserves the right to disconnect and quarantine the Equipment prior to uplift from the Location or Premises.
Breach of this clause shall cause the Security Deposit to be forfeited. The Company shall be under no obligation to replace or
substitute any other Goods or Equipment in this instance and the Customer shall remain liable for all costs and charges including
rental and uplift of the Equipment within the Duration.
2.10 The Customer is legally liable for compliance with current Health and Safety Regulations and Section 70 of the Water Industry
Act 1991 in respect of the provision of wholesome drinking water in the workplace and shall be liable for ensuring that a safe
working environment is available for employees of the Company to deliver the Goods Services and Equipment, and that the
Goods and/or Equipment are at all times;
2.10.1 situated on level and firm ground with sufficient access to permit safe replenishment by water tanker and clear access for
188.8.131.52 able to be positioned in a pre-designated area at the delivery point in order for any excess water to be drained without
causing nuisance prior to tank/tanker replenishment or decommissioning and removal from site. The Customer must advise
the Company of any special requirements relating to drainage at the Location prior to mobilisation;
184.108.40.206 in a location suitable for pallet deliveries requiring access for a 26t delivery vehicle. Pallets can only be delivered to firm
level hardstanding ground with safe and legal parking available within 5 metres of the intended deployment location. Failed
delivery due to absence of the above will be chargeable in line with cancellation terms specified within section 2.7;
2.10.2 safe and secure from access by unauthorised persons;
2.10.3 in the case of bottled water, stored out of direct sunlight and kept in a fridge after opening and consumed within 3 days;
2.10.4 secure from risk of tampering vandalism theft misuse or abuse;
2.10.5 situated in an area at least 5 metres distant from any fuel storage or combustion machinery;
2.10.6 compliant with the latest Health & Safety at Work Regulations 2016 and/or Management of Health and Safety at Work
Regulations 1999 (and as amended);
2.10.7 protected from damage by frost, snow, ice or ambient temperatures below 3°C;
2.10.8 the risk in the Goods and Equipment shall pass to the Customer on completion of the delivery and the Customer shall fully
insure for its replacement cost as stipulated in the Hire Agreement in respect of loss, fire, theft and accidental damage and
the Customer undertakes to hold in trust for and pay to the Company on demand the proceeds of any claim from an insurance
company or from any other source;
2.10.9 store the Goods and Equipment separately from all other goods held by the Customer so that they remain readily identifiable
as the Company’s property;
2.10.10 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
2.10.11 available without any obstruction or impediment to be delivered or picked up and all delays caused by the same shall be
reasonably charged for; and
2.10.12 emptied by the Customer prior to uplift.
2.11 For bottled water deliveries, the third party company providing the pallet(s) upon which the bottled water is delivered may make
contact to arrange collection of said pallet(s). The Customer must ensure the pallet(s) are made available for collection as
arranged and as required.
2.12 The Price shown in the Offer or the Schedule shall be payable by the Customer in the event that:
2.12.1 the Company is prevented from carrying out its obligations to the Customer by any act default or omission of the Customer;
2.12.2 the Customer requires the Equipment to be relocated to another Location or Premises such relocation to be approved (such
approval not to be delayed or unreasonably withheld) by the Company in advance.
2.13 The Customer shall indemnify the Company against all costs (including reasonable legal cost) expense, liability, loss, claim or
proceedings howsoever incurred arising from the delivery, use, non-use, repossession, collection, forfeiture or return of the
Equipment until the Equipment is returned to the Company and its good receipt is given for the Equipment.
2.14 The Customer shall pay to the Company all reasonable costs incurred in replacement repair or rectification of damage to the
Equipment whilst on Hire (fair wear and tear excepted). Such reparations or losses shall be listed on the Company’s
Delivery/Uplift Note for signature by the Customer prior to removal of Equipment from the Location or Premises.
2.15 The Equipment shall remain on Hire by the Customer until either uplifted from the Location in good and acceptable condition or
until all reparations or replacements as referred to in clause 2.13 above have been completed. Completion shall be deemed to
be within 10 working days of uplift unless expressly stated to the contrary by the Company within 3 days of uplift.
2.16 Should the Duration be or become continuous for a period beyond 26 weeks the Customer shall allow the Company to attend
site at one month intervals to take water samples from Equipment for testing at UKAS accredited laboratories and undertake
monitoring of the associated system compliance, the cost of which shall be paid by the Customer in accordance with the Offer.
2.17 Should the Equipment be connected to, and fed from a mains piped supply then the Customer shall allow the Company to attend
site at one month intervals from the Deployment date to take samples from Equipment for testing at UKAS accredited laboratories
and undertake monitoring of the associated system compliance, the cost of which shall be paid by the Customer in accordance
with the Offer. All responsibilities pursuant to a water storage system connected to a mains supply shall be the responsibility of
2.18 Should the Duration be or become continuous for a period beyond 52 weeks from the Effective Date the Customer shall allow
the Company to exchange Equipment that requires cleaning and disinfection under the Company’s Quality Management
Procedures at no charge to the Customer in accordance with the Offer.
2.19 The Customer shall not move, alter, repair or remove the Equipment to a different site unless authorised in advance by the
Company in writing. Breach of this clause shall cause the Security deposit to be forfeited and may incur additional charges for
2.20 The Customer hereby authorises the Company to access any Premises or the Location where the Company reasonably believes
its Equipment to be in order to inspect, replenish, test, repair, uplift, replace or repossess it and the Customer shall be under a
duty of care to carry out a risk assessment and ensure that any such Premises or location is safe for any employees and any
sub-contractors of the Company and such site is fully insured for public liability and Employers liability insurance with a reputable
Insurance broker for such amount that is normal being not less than £10,000,000 liability limit where you are a business
2.21 If the water supply provided by the Company is intended to replace the normal piped supply provided by or on behalf of a water
undertaker or licenced water supplier, under Regulation 6 (16, 17 and 18) of the Water Supply (Water Quality) Regulations, as
amended, all water intended for human consumption delivered, stored or remaining in a temporary mobile water tank or tanker
must be sampled 48 hours from the first filling, and every 48 hours thereafter unless emptied and refilled with wholesome water
within 48 hours of filling.
2.22 If the water supply provided by the Company is not intended to replace the normal piped supply provided by or on behalf of a
water undertaker or licenced water supplier, and thus forms a ‘temporary supply system’ the supply will fall under the guidance
of BS8551 approved code of practice. To ensure that the supply remains suitable for human consumption in accordance with
this guidance, we request that the stored water is replenished no less than every 7 days. If the Chlorine Residual of the stored
water has fallen by >10% of the previous replenishment Chlorine Residual, then the stored water must be drained and replaced
in its entirety.
3.1 Where you are a consumer only nothing in in these Terms and Conditions limits any liability which cannot legally be limited,
including liability for:
3.1.1 death or personal injury caused by its negligence, or the negligence of the Company’s employees, agents or subcontractors
3.1.2 fraud or fraudulent misrepresentation;
3.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 as amended; or
3.1.4 Defective products under the Consumer Protection Act 1987 as amended.
3.2 Subject to Clause 3.1 the Supplier’s total liability to the Customer shall not exceed 110% of the Quotation accepted by you.
3.3 Unless otherwise expressly stipulated in an Offer or Contract signed by a Director of the Company the Company’s entire liability
(including liability for the acts and omissions of its employees, agents and sub-contractors) to the Customer in respect of any
breach of its obligations arising under the Contract and any representation, statement or tortious act or omission including
negligence arising under or in connection with the Contract shall be limited in accordance with the Company’s Public and
Employer’s Liability Insurance Policy Schedule.
3.4 The Company shall not be liable to the Customer for loss without limitation of agreements, contracts, anticipated savings,
software, data or information sales, of profits, business, goodwill, anticipated savings or any type of special, indirect or
consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if
such loss were reasonably foreseeable or the Company had been advised of the possibility of the Customer incurring the same.
3.5 Nothing in this clause shall confer any right or remedy upon the Customer to which it would not otherwise be entitled.
3.6 The Company cannot accept liability for breach of any assurances or guarantees of volume or timings for delivery of Goods
Equipment or Services to the Location if circumstances occur which are deemed to be Force Majeure.
3.7 The Company cannot accept liability for breach of any assurances or guarantees of volume or timings for delivery of water by
tanker to the Location or for Replenishment if Drought Restrictions have been declared or implemented in or close to the Location
4.1 If any provision of these Terms and Conditions shall be repugnant to statute to any extent, the statute shall over-ride the said
provisions to that extent, but not further.
4.2 The Company’s failure to enforce any or all of these Terms and Conditions shall not amount to or be capable of interpretation
as a waiver of any of its rights.
4.3 The parties agree to indemnify each other for any breach that they respectively incur of GDPR 2018 (as amended) to the other
4.4 No alteration to these Terms and Conditions shall be valid or binding on the Company unless made in writing by the Company
and executed by a Director of the Company.
4.5 The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.
4.6 If any provision of these Terms and Conditions is held by any Court or other competent authority to be void or unenforceable in
whole or part the other provisions of this agreement and the remainder of the affected provisions shall continue to be valid.
4.7 Any reference to the singular shall unless the context otherwise requires include a reference to the plural and vice versa and
any reference to one gender shall include a reference to the other gender and any reference to a person shall include a
reference to a partnership firm body corporate public or private limited company corporation or trust.
4.8 Unless it expressly states otherwise, the Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term.
4.9 The Company shall not be in breach of the Terms and Conditions nor liable for delay in performing, or failure to perform, any of
its obligations under the Terms and Conditions if such delay or failure result from a Force Majeure Event.
4.10 All disputes between the Parties shall be governed by and decided in the English Courts under English Law.
4.11 If a court or relevant authority finds part of these Terms and Conditions illegal, the rest of these Terms and Conditions shall
continue in full force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4.12 The Company may transfer this agreement to someone else. The Company may transfer its rights and obligations under these
terms to another organisation. The Company will always tell the Customer in writing if this happens and the Company will ensure
that the transfer will not affect the Customer’s rights under the contract.
4.13 For the avoidance of doubt a Customer cannot transfer the benefit of these Terms and Conditions and any other rights that arise.