Terms & Conditions

TERMS and CONDITIONS OF SALE

Definitions:
1.1 The Company means Bromley Group Ltd.
1.2 The customer means customer of the company.
1.3 The contract means any contract for the sale of goods or services by the company to the customer and any contract for the maintenance,
repair, refitting or refurbishing of goods whether on the part of the contract for sale or not.
1.4 The goods mean any goods forming part of the subject of the contract including parts and components of or materials incorporated in them.
1.5 Where Pool and Spa Company is used, this represents the Trading Name of Bromley Group Ltd.


Quotations:
2.1 Quotations by the company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation. All quotations
are subject to errors and exceptions, and the company reserves the right to change or amend prices from time to time, at its own discretion.
2.2 The company reserves to change, modify or re‐specify any equipment if it deems necessary, at the sole discretion of the company.
Existence of Contract:
3.1 No contract shall come into existence until the customer’s order, however given, is accepted by the earliest of:
a) The company’s written acceptance
b) Delivery of the goods.
c) The company’s invoice
3.2 These conditions shall be incorporated in the contract to the exclusions of any terms and conditions stipulated or referred to by the customer.
3.3 No variation or amendments of this contract shall be binding on the Company unless confirmed by it in writing.
Prices:
4.1 Unless otherwise stated on the acknowledgement of order the prices quoted exclude carriage which will be charged at the appropriate rates.
4.2 The company shall have the right to adjust its prices for any increase in the price of the materials, parts, labour, transport, changes in work or delivery schedules or quantities or other costs of any kind arising for any reason after the date of the contract.
Payment:
5.1 All invoices are payable unless otherwise agreed without discount of any kind in pounds sterling within 30 days of the date of the company’s invoice at the company’s premises stated on the invoice and in no circumstances shall the customer be entitled to make any
deduction or withhold payment for any reason at all.
5.2 Any deposits paid by the customer to the company are deemed to be an acceptance of the contract. In the case of cancellation of a previously agreed contract, the company reserves to withhold a cancellation fee of 20% of the gross amount due for the contract in the case of
hot tubs, and 10% in the case of swimming pool contracts.
5.3 Time for payment shall be of the essence of the contract. Without prejudice to any other rights of the company if the customer fails to pay the invoice price by the due date, the customer shall not be allowed any discount given in that invoice and shall pay interest on any
overdue amount from the date of which payment was due to the day on which it is made, whether before or after judgment, on the daily basis at a rate of2 ½ % per month and reimburse to the company all costs and expenses including legal costs incurred in the collection of any
overdue amount.
5.4 From time to time, the company may waive or change the payment terms as previously contracted, at the sole discretion of the company. These circumstances should normally only come into force if there have been any changes, alterations, deletions or additions to the
contract.
5.5 Tubs ordered specifically on behalf of a customer (Special Order) will incur a minimum cancellation charge of 30%. Cancelled Special Order Tubs can only be cancelled at the sole discretion of The Company.
Risk, Delivery and Performance:
6.1 Goods are delivered to the customer when the company makes them available to the customer or any other agents of the customer or any carrier who shall be the customer’s agents whoever pays his charges at the company’s premises or other delivery point agreed by the
company.
6.2 Risk in the goods passes when they are delivered to the customer.
6.3 The company may at its discretion deliver the goods by instalments in any sequence. When goods are ordered for delivery in instalments each instalment shall be considered a separate contract.
6.4 The company may at its discretion suspend or terminate the supply of any goods if the customer fails to make payment when as due or otherwise details in any of its obligations under the contract or any other agreement with the company or become insolvent, has a receiver
appointed of its business or is compulsory or voluntarily wound up or company bona fide believes that any of these events may occur and in case or termination shall be entitled to forfeit any deposits paid.
6.5 Ownership of the goods shall remain in the company until the company has received payment in full thereof or until the customer resells the goods or uses them in the manufacture of other products. Until such payment, resale or use, the customer holds the goods as bailer
for the company and shall store the goods separately from other goods and clearly identify the goods as being the property of the company. If the customer resells the goods in the ordinary course of his business he shall bring it to the attention of his buyer that he does so as
principal and not as agent of the company. The goods shall not be attached to land or buildings without the consent of the company. The company shall arrange for the goods to be covered by a suitable insurance policy issued by a reputable insurer such cover to be provided for
the period the goods remain in the ownership of the company. If the customer commits any act of bankruptcy or if a petition is presented or resolution passed to wind‐up the customer or a receiver is appointed over the whole or any material part of the assents or undertaking of
the customer or if the customer fails to make payment for the goods in accordance with the end conditions of trading, the company shall be entitled fore with to recover and resell any or all of such goods and to enter upon the premises of the customer with such persons and
transport as may be necessary for that purpose.


Claims Notification:
7.1 Any claim for non‐delivery of any goods shall be notified in writing by the customer to the company within 5 days of the date of the company’s invoice.
7.2 Any claim that any goods have been delivered damaged, or not of correct quantity or do not comply with their description, shall be notified by the customer to the company within 7 days of the delivery.
7.3 Any alleged defect shall be notified by the customer to the company within 7 days of the delivery of the goods or in case of any defect which is not reasonably apparent on inspection within 7 days of the defect coming to the customer’s attention and in any event for goods
not of the company’s manufacture the warranty period given by the manufacturer.
7.4 Any claim under this condition must be in writing and must contain full details of the claim including the description or part number of any allegedly defective goods.
7.5 The company shall be afforded reasonable opportunity and facilities to investigate any claims made under the condition and the customer shall, if so requested in writing by the company, promptly return and goods the subject of any claim and any packaging and carriage paid
to the company for examination.
7.6 The company shall have no liability with regard to any claim in respect of which the customer has not complied with this condition.
Suitability of Goods:
8.1 The customer shall determine the suitability of the products for their intended use and shall not rely upon any representations made by or on behalf of the company. Under no circumstances will the company’s liability exceed the total value of the goods.


Extent of Liability:
9.1 The company shall have no liability to the customer other than liability for death or personal injury resulting from the company’s negligence for any other loss or damage of any nature arising from breach of any express or implied warranty or condition of the contract or any
negligence for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of the company or in any other way out of or in connection with the
performance of or failure to perform the contract except in accordance with this condition.
9.2 If the customer establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity, do not comply with their description or are defective, the company shall, at its option replace with similar goods, any goods which are missing,
lost, damaged, do not comply with their description, or any defective, allow the customer credit for their invoice value or repair any damaged goods.
9.3 The delivery of any repaired or replacement goods shall be at the company’s premises or at the delivery point specified for the original goods.
9.4 Where the company is liable in accordance with this condition in respect of only some or part of the goods, the contract shall remain in full force and respect of the other or other parts or other goods and no set‐off or other claim shall be made by the customer against or in
respect of such other or other parts of the goods.
9.5 No claim against the company shall be entertained for any defects arising from any design for specification provided or made by the customer or if any adjustments, alterations or other work has been done to the goods by any person other than the company.
9.6 The company shall not be liable for any goods which are lost or damaged in transit and all claims by the customer shall be made against the carrier. Replacements of such lost or damaged goods will be available to be supplied by the company at the prices ruling at the date of
dispatch.
9.7 In no circumstances shall the liability of the company to the customer under this condition exceed the invoice value of the goods.


General:
10.1 The company may sub‐contract the performance of the contract in whole or in part.
10.2 The company shall have a lien on all the customer’s property in the company’s possessions, for all sums due at any time from the customer and shall be entitles to use or dispose of that property as agents for and at the expense of the customer and apply the proceeds in the
towards the payment of such sum on 28 days notice in writing to the customer. Upon accounting to the customer for any balance remaining after payment of any sums due to the company and the costs of sale or disposal, the company shall be discharged of any liability in
respect of the company’s property.
10.3 The contract is made between the company and the customer as principals and shall not be assignable by the customer without the express written consent of the company.
10.4 If the goods are manufactured in accordance with any design or specification provided or made by the customer, the customer shall indemnify the company from and against all claims, costs, expenses and liability of any nature if connection with them including any claim
whether actual or alleged
that the design or specification infringes the rights of any third party.
10.5 All tools, patterns materials, drawings, specifications and other data provided by the company shall remain its property and all technical information patentable or un‐patentable, copyright, registered designs arising from the execution of any orders shall become the
property of the company.


Cancellation:
11.1 Orders for goods which have been made specially for the customer will be charged in full unless written notice of cancellation is received not later than 8 weeks before the expected delivery date quoted in the company’s order acknowledgment and manufacture of them or
any components for them has not
commenced at the date of that notice. Orders for stock items may be cancelled by written notice at any time prior to the goods being allocated to the contract but if cancellation notice is relieved after the goods have been allocated to the contract then a packaging and handling
charge of 20% of the value of the goods will be payable by the customer.
Force Majeure:
12.1 If the performance of the contract or any obligation under it is prevented or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected upon giving prompt notice to the other party shall be excused from
performance to the extent
or the prevention, restriction, or interference, but the party so affected shall use its best endeavours to avoid or remove such cause of non‐performance and shall continue performance under the contract with the utmost dispatch whenever such causes are removed or
diminished.


Law and Construction:
13.1 The contract or its agreement shall be governed by the English Law and the customer will consent to the exclusive jurisdiction of the English Courts in all matters regarding the contract.
13.2 The headings of conditions are for the convenience and reference only and shall not affect their interpretation.
Health and Safety:
14.1 The customer accepts its obligation to ensure that its employees or agents are given any instructions as to the safe handling issued by the company and that such safety precautions recommended therein are taken and having regard to the nature of the goods any other
necessary steps are taken to ensure health and safety persons working or in the vicinity of the goods.
Trade Descriptions Act 1968:
15.1 Where any trade description or other indication or representations apply to any goods at the customer’s request, the customer warrants that the same will be true and accurate in all respects and that the supply or offer of supply of any such goods by any person will not
give rise to an offence by the company under trade descriptions act 1968. The customer shall keep the company fully indemnified against any breach of the foregoing warranty.