Terms and Condition of the Business, Sales, Guarantee and Warranty
Definition of Terms
- the Contract between the Company and the Customer.
- Springwave (Superroom Ltd) or any associated company.
- the person, firm or company identified in or by means of the Contract as ordering the Goods.
- item(s) which the Customer buys or agreed to buy from the Company under this Contract.
Description of a Trade Sale
- A Trade Sale is defined by Springwave (Superroom Ltd) as a sale made to a customer of 1 or more products at the agreed Trade Price.
- All Trade Sales will be accompanied with a VAT Invoice.
- Springwave (Superroom Ltd) assigns Trade Status to any Company or Individual, which it deems the sale is related to Trade Use.
- Springwave (Superroom Ltd) reserves the right to decline Trade Status to any Company or Individual at any time.
- Trade Sales will normally only be provided to new customers on a minimum order basis this is at Superroom Ltd management's discretion.
The reseller (customer of Springwave (Superroom Ltd) of a Trade Sale) is solely responsible for providing service warranty, parts, after sales service and all aspects of customer care to their customer.
Formation of Contract
- All orders taken and all Goods supplied by the Company shall be subject to the terms and conditions set out in this Contract. No other conditions or warranties are implied into the Contact unless accepted in writing by an authorised representative of the Company.
- The Terms and Conditions in this Contract supersede all earlier arrangements.
Quotations and Estimates
- The Company will only be bound by the prices quoted in writing and for a specified time period where this time period is not stated it will be 30 days. The quote may be withdrawn at any time, prior to the Customer's acceptance, by the Company either in writing or verbally.
- Unless the Company's quotation specifically provides for a fixed price contract then the ruling price shall be those at the date of order.
- The Company will provide estimates as provisional only and those estimates may be subject to variation in price.
- The Company will not be bound by any obvious pricing errors either published or on the website.
All prices are exclusive of VAT unless otherwise stated. The website prices usually include VAT at the current rate; if unsure please contact us for confirmation.
Each order and its acceptance is to be treated as a separate contract between the Company and the Customer, if there should be any time more than one Contract then each Contract is treated as separate issues and any dispute or difficultly arising in relation to one Contract shall not effect in any way the other Contracts.
- The Customer must pay for all Goods in full before dispatch, unless otherwise agreed in writing.
- Cheques will need to be cleared prior to release of goods.
- The Company reserve the right to charge intrest on overdue accounts at the rate of 2.5% per annum above the lending rate of the Company's bank account; this does not prejudice any other rights resulting from non-payment.
- All deposits on goods create the formation of the contract between the Company and the Customer, they are there for non refundable. If the sale took place under the terms of a 'distance sale' and the customer has not seen the goods or visited our premises prior to ordering, then this contract between the Company and the Customer, can be cancelled within 7 days.
- Where a deposit is paid for Goods the Company reserve the right to retain the deposit without prejudicing the Company's right to recover from the Customer, by way of damages, any loss or expense which the Company has suffered or incurred by reason of the Customer's default.
- The Company may dispose of the Goods from a defaulted Contract as it sees fit and is not accountable to the Customer.
Orders which have been accepted by the Company may not be cancelled without the written permission of the Company and the Company reserve the right to charge a cancellation fee and re-stocking fee this will normally be equal to 30% of the total order value.
- Customer wishing to return Goods to the Company must first obtain a return reference number from the Company and the Goods must be returned in accordance with the requirements of the Company. Any Goods returned without a return reference number or otherwise contrary to the Company's requirements may be re-dispatched to the Customer and the Customer will be liable for all costs incurred including but not limited to transport costs.
- Returns for unwanted items must be returned within 5 days of reciving, any unwanted item returns may be subject to a restocking fee even if returned within the 5 days. (This does not include custom ordered items)
- No refund will be given until the Goods have been returned to the Company and an examination has been carried out, such inspection will include original packaging and Customer's invoice.
- All damage or shortage in Goods must be reported to the Company in writing within 5 days.
- Any costs associated with returning Goods shall be met by the Customer unless otherwise agreed in writing by the Company.
- All Goods returned to the Company (where the Company has allowed this) are subject to a 30% restocking fee.
- All returns must be done and completed within 15 days of the delivery to Customer.
Special Order Items
- Special order items are subject to the order provision that such orders can not be cancelled.
- If the Company does agree to the cancellation of the order the Cancellation of Stock Items section of these terms and conditions will apply.
- If the Company agrees to the return of special order items it is under the condition of the returned items section of this Contract and a disposal fee of 40% of order value.
- All pre-ordered items are done so on approximate lead-times, these are usually approximately 10-12 weeks from the date the order was confirmed in full or the date the last change to the order was made. As the items are bespoke in manufacture and have to be shipped, lead-times, can at times, change and be extended without notice. If an order is delayed in manufacture or in shipping, cancellation charges will apply as per the 'special order items' The order can only be cancelled in full and the contract of sale be voided, after a period of none arrival of goods, into our warehouse of 21 weeks. All cancellations prior to the 21 weeks will be subject to the 40% disposal fee charge.
Changes Required by the Customer
Any loss or expense occurred due to changes in the order required by the Customer shall be paid by the Customer. The Company does not have to accept changes to the order.
The Company will not be liable for any loss resulting from Defective Goods. Defective Goods are subject to the Warranty in this terms and condition Contract.
Indemnity Against Infringement of Industrial Property Rights
The Company is not responsible for any claim or liability in respect of any Patents, Trade Marks, Registered Designs or any other like claim resulting from the Customer's instructions to the Company, the instructions being implied or express.
If any part of the Contract becomes invalided for any reason it shall be separated from the remaining part of the Contract and the invalid part shall not effect the remaining of the Contract.
The Contract shall be governed and interpreted exclusively in accordance with UK law and shall be subject exclusively by that jurisdiction. Nothing in this Contract is intended to negate or limit any right in law which cannot lawfully be so negated or limited, any part of this Contact which is found by jurisdiction to have this effect shall be removed and the remainder of this Contact shall continue to apply.
Delay in implementation of any provision in this Contract does not constitute a waiver of any such rights of the Company.
Terms of Guarantee/Warrantee
The period of the guarantee on all our products other than consumables, such as but not limited to: light bulbs, is for 12 months (1 year) from the date of purchase. If ordering an item, the start date of the Guarantee/warrantee is the date the item comes into our facility and is made available to the customer for dispatch. Items left in our warehouse will be depreciating in the duration of the 12 months (1 year) Guarantee/warrantee.
- To validate the warranty a complete set of installation invoices from the professional installation company or persons must be provided from all aspects of the installation process this may include but not be exclusive to: professional fitter, qualified electrician or approval certificate, qualified plumber.
- Springwave (Superroom Ltd) will not repair or cover the cost of any labour for diagnoses or replacement of failed parts or components under this agreement.
- Any faults or leaks must be diagnosed by a professional trade's person without exception.
- All faulty parts must be returned to Springwave (Superroom Ltd for inspection prior to new or replacement parts being sent out.
- If it is not convenient to send back faulty parts first, new parts can be purchased and then refunded once the faultily part has been sent back and the warranty has been confirmed.
The following are not covered by the Springwave (Superroom Ltd) Guarantee/ warranty:
- Damage that result from the passage of time (for example fading or deterioration of finished surfaces).
- Damage from improper storage.
- Damage from transport other than in delivery to you by Springwave (Superroom Ltd).
- Damage that result from modification not approved by Springwave (Superroom Ltd).
- Damage from modification with non Springwave (Superroom Ltd) parts, accessories or fittings.
- Damage that results from failing to fit water filter of water softeners where required.
- Damage that result from neglect or failure to maintain the Springwave (Superroom Ltd) product in the manner specified by Springwave (Superroom Ltd) either verbally or in written instructions.
- Damage caused by work not done by the appropriate trade persons or self.
- Damage caused by improper use of the Springwave (Superroom Ltd) product.
- Consumable replacement parts such as but not exclusive to: lighting units, bulbs and LED's, Steam Generator elements, shower jets, fittings and pipes that block due to poor maintenance, lime scale or debris.
The warranty does not cover additional expenses incurred, including but not limited to communication and all transport related issues, nor does this warranty cover Labour for repair or diagnostic. This is a parts only warranty. All products must be installed with easy access to all working, consumable, fitted, mechanical and electrical parts.
This guarantee does not cover the following:
- Periodic maintenance and repair or replacement of parts due to normal wear and tear.
- Transport costs, home service transport costs and all risks of transport relating directly or indirectly to the guarantee of your Springwave (Superroom Ltd) product. The costs of all transport related to warranty work or otherwise are to be met by the customer.
- Improper use of your Springwave (Superroom Ltd) product such as commercial use or being located in areas not suitable for the product, poor installation of the product, leaks, installations made without adequate access for diagnoses.
- Installation, repair or servicing done by a non-authorized or not qualified trades persons or work carried out by the customer themselves. (We will require a copy of the invoices from the trade persons (Electrician and Plumber) who installed your Springwave (Superroom Ltd) product.
- Any leaks that may occur from a poorly or incorrectly installed unit or product be it from a professional fitter, plumber or customer installation. As with any shower; leaks will occur if the installation work has not been carried out to a professional standard by an experienced qualified professional.
- Accidents, lightning, water, fire or any cause beyond the control of Springwave (Superroom Ltd).
- All plumbing and electrical systems not associated with the product.
- This guarantee will be granted only when the original sales receipt or invoice is presented with the defective product.
- Springwave (Superroom Ltd) or its dealer reserve the right to refuse free of charge guarantee service if the above document can not be produced or if the information contained in it is incomplete or illegible.
- This guarantee will not reimburse nor cover the damage resulting from modifications made other than genuine Springwave (Superroom Ltd) approved upgrades.
- This guarantee will not apply if the serial number can not be provided.
- If a part is to be sent via mail, it is required that the faulty part is sent back to us recorded delivery, prior to us dispatching replacement parts (unless otherwise agreed with the management - pictures will be required).
- Upon receipt of delivery prior to signing check all items for damage. You must inform us immediately upon receipt of any damaged items, by signing for the item you will be in acceptance that the item has been supplied as described and free from damage. You must notify us within 24hr of delivery if damaged.
Advertised Specification's and illustrations can change without notice, please check all requirements with your sales person or by contacting Springwave (Superroom Ltd) directly for exact model specification such as but not exclusive to: size, sub item colours, item colour, item specification, item features, up to date installation processes, instruction and instructions.
Springwave (Superroom Ltd) will not be liable for any additional costs or consequential losses that may arise from errors or mistakes in manufactures drawings, this applies to both the first fix drawings/schematic and the actual product first fix drawings/schematics.
Springwave (Superroom Ltd) will not be liable or responsible for any losses that may occur through the installation or use of its products.