1. DEFINITIONS

In these conditions "the Company" means IMPEY SHOWERS Ltd (formerly Impey UK Ltd) and the "Customer" means the person, firm or Company who receives the Company's goods or to whom the Company's quotation, invoice or acknowledgement of order is addressed, "the goods" means the products supplied by the Company to the Customer.

2. PRICES

Prices contained in a price list/quotation/catalogues etc are those ruling at the date thereof and are for guidance only. The Company reserves the right to adjust the quoted prices to the prices current on the date of despatch. All prices are subject to VAT at ruling rate.

Price Fluctuation. The price and terms are based on conditions ruling at the date thereof and are subject to alteration at any time.

3. TERMS OF PAYMENT

(a) Strictly nett within 30 days following the date of the invoice for approved accounts only.

(b) For non-approved accounts pro-forma payment/cash with order.

(c) Failure by the customer to pay in accordance with the terms of the contract shall entitle the Company at its option to withhold future deliveries until such payment has been made.

4. DELIVERY

(a) So far as it is reasonably possible the Company will meet quoted delivery dates but such dates are not guaranteed and time shall not be of the essence of this contract. We reserve the right to charge for third party deliveries.

(b) The Company shall not be liable to make goods to the Customer any damage or loss arising directly or indirectly out of delay in delivery of the goods nor will the Company be liable for any consequential or special loss claimed by the Customer including without limitation delay detention loss of profit loss of production loss of time charges or liability to any Third Party.

(c) Should the Company over deliver goods to the Customer and should the Customer not inform the Company within 7 days in writing then the Company may at its option either repossess the excess goods or invoice them and be paid forthwith by the Customer for the excess goods at the price ruling at the date of delivery.

(d) The Company insures all goods until they reach the Customer's premises.

5. PASSING OF TITLE IN PROPERTY

(a) Ownership of the property in the goods supplied shall not pass to the Customer until all monies owing to the Company in respect of such goods have been paid to the Company in full.

(b) The risk incidental to the goods shall pass to the customer with delivery and the Company will not be liable to the customer for any loss or damage to the goods howsoever occurring after delivery to the customer.

(c) If the customer shall, notwithstanding that he has no title to the goods supplied under paragraph (a) hereof, re-sell or agree to re-sell the goods to a third party the customer shall keep the sale proceeds of such re-sale separate and distinct from the customers other moneys at all times until payment in full has been made by the customer to the Company and until such payment the Company shall be entitled to such proceeds of re-sale.

(d) Nothing contained in sub-clause (c) hereof shall be deemed to create a legal charge over such proceeds of re-sale but shall impose upon the customer a fundamental contractual obligation.

6. TESTING AND INSPECTING

The Company reserves the right to charge the Customer for samples.

7. CANCELLATION OR VARIATION

(a) Cancellation of an order or part of an order can only be made by mutual consent, but where the Company agrees that an order may be cancelled the Company nevertheless reserves the right to levy charges on the Customer for any loss the Company has suffered as a result of that cancellation.

(b) In the event of the Customer altering the requirements of the contract after instructions have been received by the Company the Company reserves the right to amend the delivery time and to charge for any costs incurred as a result of the alteration. Goods made to special order cannot be cancelled.

8. NON-DELIVERY, DAMAGE OR LOSS IN TRANSIT - CLAIMS.

Any damage or shortage in transit should be reported to Impey Showers Ltd (formerly Impey UK Ltd) in writing within 3 days followed by a claim, within 7 days. In the case of non-delivery this loss should be reported within 14 days followed by a claim within 28 days. Neglect to comply with such regulations will invalidate any claim.

9. FORCE MAJEURE

The Company will make every effort to carry out the Contract in accordance with its terms but it shall not be liable for any failure on its part to perform any term of the Contract from any cause outside the Company's control including (but without prejudice to the generality of the foregoing) act of God, war, strike, lock-out or other industrial dispute, fire or flood.

10. LAW AND INTERPRETATION

This Contract shall be governed by English law and the Buyer shall submit to the non-exclusive jurisdiction of the English Courts. If any of these conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void or unenforceable to that extent and no further.

11. LIFETIME GUARANTEE

Impey Showers Ltd guarantees its range of branded showering products against faulty materials or manufacture for a Lifetime, provided that they have been installed and maintained in accordance with the manufacturer's instructions.

The guarantee extends to non-electrical products in general use and excludes normal wear and tear. For products such as taps, shower valves, bathroom accessories, waterproofing and electrical products, the standard manufacturer's guarantee will apply. Where products included in the Lifetime guarantee are used for commercial use, such as hospitals, nursing homes or hotels, a 5 year guarantee will be applicable.

Parts that are defined as wearing parts, such as seals, seat pads etc, are subject to a 5 year guarantee.

If in our opinion the product has been modified, neglected, misused or is the subject of accidental damage the guarantee will not be applicable.

Impey Showers Ltd has a policy of continuous improvement and therefore reserves the right to revise or amend the specification of any product without notice. In situations where a product has failed, subject to the terms of the guarantee, and a direct replacement is no longer available, Impey Showers Ltd will replace it with the nearest equivalent product.

The liability of Impey Showers Ltd does not extend to consequential loss or damage arising from the defective product and is limited to the price of the original goods supplied by Impey Showers Ltd.

The guarantee is in addition to your statutory rights.

12. RETURNS POLICY

We appreciate that order specification can change once your goods have been received. While we request that every care is taken when placing your accurate order, should your goods be deemed unsuitable, we will happily arrange a collection within 30 days of date of invoice, providing your goods are still packaged as new. Small fees may apply for this service and we regret that special or non stock items are exempt from this policy.

13. DELIVERY

All orders are despatched using a fully insured Courier Service; we can arrange delivery anywhere within the UK provided we are supplied with a full postal address and contact telephone number. Deliveries to private addresses are subject to an additional charge of £40.