Terms and Conditions
Products presentation and Legality
Our drawings, descriptions, price lists, catalogues, brochures, websites, and other promotional material of ours are approximate and intended to give a general overview of our products, and will not form part of the contract. In our pursuit to continuously try to improve the quality of our goods, they will also be subject to changes in design, materials, components and finishes. Our goods are subject to changes in size, colour and finish that are within normally accepted manufacturing tolerances. Also, as products are subject to changes this may affect the qualification for various product approvals and so we will not be held responsible for any reliance placed on approval references within drawings, descriptive matter, price lists, catalogues, brochures, websites, and other promotional material unless it has been directly confirmed by us in writing at the time the products are ordered.
Whilst the goods will comply with all applicable standards and other regulatory requirements in the United Kingdom, we will not be responsible for ensuring that they comply with any such requirements elsewhere.
You acknowledge that all intellectual property rights, including but not limited to unregistered design right, copyright, registered designs and patents in the United Kingdom, and other similar rights elsewhere, in all the goods that are proprietary to us and their drawings, designs and specifications, will belong to us absolutely, and you will at our expense take such steps as we may reasonably request to establish, prosecute and defend those rights.
Delivery and Risk
The goods will be delivered to such delivery address in the United Kingdom as you have last given to us when your purchase order is placed, or such other address as we may agree in writing. Where the delivery address is outside the United Kingdom, the goods will be delivered ex works our warehouse, but we will, at your request, make arrangements on your behalf and at your expense for their collection and carriage to such delivery point as you may designate.
Whilst we will use reasonable efforts to do so, we will not be obliged to comply with any delivery procedures of yours. You will have given authority to accept delivery on your behalf to any person who purports to accept delivery of the goods at the delivery address. You will accept delivery at any time during your normal business hours.
Part deliveries are permitted. You will not be entitled to reject a delivery or deliveries of the goods if they are within 10% of all or any of the numbers, sizes, types or finishes ordered.
We will use our reasonable efforts to despatch or deliver the goods within any delivery period designated in the contract or otherwise agreed by us in writing, but time for delivery will not be of the essence, and we will not be liable for any loss, expense or claim whatsoever caused by late delivery. In any event, we reserve the right to cancel all or part of the goods or suspend or delay delivery, without liability to you, if the supply of the goods is prevented or delayed because of any circumstances beyond our reasonable control.
We will not be liable for any shortage in the goods as stated by us in our delivery notes, unless it is notified to us in writing within 24 hours of delivery, or in the case of complete non-delivery, unless it is notified to us in writing within 3 business days of the date of invoice.
We will not be liable for any damage to or deterioration of the goods as delivered, unless it is notified to us in writing within 24 hours of delivery, and you permit us and the carrier concerned or its insurers inspect and/or collect the goods at any time during your normal business hours.
The risk of loss or deterioration of or damage to the goods will be borne by you from delivery.
If you are unable or unwilling to accept delivery of the goods in accordance with these conditions on arrival of our carrier at the delivery address your normal business hours, we may retain the goods and arrange for or provide the storage and insurance of the goods concerned as we think fit at your expense. Where we provide such storage, we will be entitled to charge you at our then current standard rates for storage and handling. The appropriation or despatch of any of the goods for storage in accordance with this condition will be treated as constituting their delivery to you in accordance with the contract for all the purposes of these GTCs.
Guarantee and Liability
We will at our option rectify or replace or refund the original purchase price such of the goods as are shown to our reasonable satisfaction to contain material defects in design, materials or workmanship within the number of years from the date of delivery detailed below. This does not apply if you have not paid us the price for the goods and all related charges in full, or to goods that have not been properly installed, used and maintained under normal domestic conditions in accordance with our instructions, or have been altered or repaired or re-installed without our approval.
Bathroom and Kitchen Taps and Mixer Taps –5 years parts(gold, painted and other special finishes – 5 years finish).
• OE Essential Taps and Mixer Taps, Thermostatic Taps and Mixer Taps – 5 years parts,(gold, painted and other special finishes – 5 years finish).
• Mixer Shower Valves and Accessories – 5 years parts (gold, painted and other special finishes – 5 years finish).
• Commercial Taps and Showers – 5 year parts.
Should we so require, we must be given every opportunity to inspect and test the goods concerned, if at all possible in situ as first installed, and we will need to see our applicable batch and delivery note details. If any of the goods concerned prove to our reasonable satisfaction not to be defective, or you give us the wrong batch or delivery note details, we will be entitled to make a reasonable charge for our efforts in establishing whether they fall within our obligations as mentioned previously.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these GTCs.
Except as agreed by us in writing and, in addition, the return of the goods is within 3 months of the original delivery date to you, you will not in any circumstances return any of the goods to us, unless they fall within our obligations and where the property in any of the goods returned to us has passed to you, they will nevertheless remain your property and at your risk unless we have agreed otherwise in writing before their return.
Except as stated above, we will not be liable for any direct, consequential or other loss, damage or injury suffered or incurred by you, and you will indemnify us fully against any claims made by third parties, in respect of the goods or otherwise arising from the contract. Our liability will in any event be limited to the price paid for the goods concerned. Nothing contained in the contract will, however, be treated as excluding or restricting any liability on our part for death or personal injury resulting from our negligence.
Except as stated above, and to the fullest extent permitted by law, all conditions, guarantees and representations, whether express or implied, statutory or otherwise in relation to the goods (other than such as relate to title to the goods) are excluded.
You acknowledge that our prices for the goods reflect these GTCs, and accordingly that you accept the above limitations on and exclusions of liability in exchange for those prices.
6 Trade Mark and Data Protection
Our Company OE standing for Only Enterprise Ltd is registered in the United Kingdom. You will not use our trade mark, or any of the range or product names or images of our products, in any advertising or promotional material that has not been approved by us in writing beforehand, at our reasonable discretion. You will not use our trade mark, or any of the range or product names or images of our products, directly or indirectly on or in relation to any products of others, or as part of your company name, or any of your trading styles, storefronts or domain names, or anywhere in your website content, or on your delivery vehicles, and will ensure that none of your customers, or others with whom you are connected in the course of business, do so in relation to theirs.
We advise you that all form of communication with us may be recorded for training and monitoring purposes.