Total Water Systems is a trading name of Ecoserve Nationwide Limited © 2019 All Rights Reserved. Registered in England .Co No: 10216330
Terms and Conditions
Last updated: January 30, 2019
Please read these Terms and Conditions carefully before using the
www.totalwatersystems.co.uk website (the “Website”)
operated by Total Water Systems (“us”, “we”,”Our”, “The Business” or “The Company”).
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Website.
1.1The following terms shall have the following meanings:
Business Day/Working Day means a day (other than a Saturday, Sunday or public holiday)
Contract means the contract between you and us for the sale and purchase of the Goods made through the Website or by telephone and formed by our written acceptance of your Order. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Delivery Location means the location set out in the Order or such other location as may be agreed between The Customer and The Company.
Goods/Products means the Goods (or any part of them) set out in the Order and as described on the Website. Pictures and any descriptions are for illustrative purposes only.
Order means your Order for the Goods made through our Website or directly to us by telephone. By placing any Order with us you shall be deemed to have agreed to and accepted these Terms.
Special Order means Goods that are custom bulit (e.g one off, bespoke). Special Orders are none refundable and subject to The Terms set out in this document
Website means https://wwwtotalwatersystems.co.uk
Terms mean the Terms and Conditions which are set out in this document and which are amended from time to time.
Us, We, Our, The Business, The Company means Total Water Systems.
You, Your, The Customer means the customer purchasing the Goods from us. This includes any person, corporate or unincorporated body (whether or not having separate legal personality) or party.
Writing/Written means any communication in writing including emails.
1.2A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
2. Basis of Contract & Acceptance of Orders
2.3 The Order shall only be deemed to be accepted when we issue a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between The Customer and The Company. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract.
2.5 We reserve the right to amend any accidental error or omission on quotations, order acknowledgements, invoices or credit notes.
2.6 The Company may refuse to accept an Order where the Goods ordered are not available, where The Customer’s payment is not authorised, if there has been a pricing or product description error or incorrect delivery details have been supplied by The Customer.
2.7 A quotation for the Goods given by us shall not constitute an offer. A quotation shall only be valid for a period of  Business Days from its date of issue.
2.8 An Order can only be submitted by a person over the age of 18 years old.
3. Price and Payment
3.1 You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979.
3.2 If you wish to purchase any Goods made available through The Website, you may be asked to supply certain information relevant to your Order including, without limitation,
(a) Your credit/debit card number,
(b) The expiration date of your credit/debit card,
(c) Your billing address,
(d) Your delivery information.
3.3 You represent and warrant that:
(a) You have the legal right to use any credit/debit card(s) or other payment method(s) in connection with any Order; and that
(b) The information you supply to us is true, correct and complete.
(c)You expressly agree that Total Water Systems is not responsible for any loss or damage arising from the submission of false or inaccurate information.
(d) By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of the Order.
3.4 All prices are exclusive of Value Added Tax (VAT).
3.5 All prices are exclusive of delivery charges unless otherwise agreed in writing.
3.6 Payment of all sums shall be made in sterling and is due prior to despatch of the Goods.
3.7 We are not under any obligation to despatch Goods to you unless and until payment is received.
3.8 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
(a) product availability,
(b) Errors in the description or price of the product,
(c) An error in your order or other reasons
(d) You expressly agree that Total Water Systems cannot accept any liability for loss or damage arising out of such cancellation.
3.9 We reserve the right to refuse or cancel your Order if fraud or an unauthorised or illegal transaction is suspected.
3.10 Export sales:
(a) It is your responsibility to obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods and to ensure that the Goods comply with all local legislative or other legal requirements;
(b) You agree to indemnify us against any costs and losses we incur from your failure to comply with Term 3.11 (a); and
(c) We shall charge VAT on all sales but shall refund any such VAT to you on production by you of satisfactory evidence that you are exempt from the payment of such VAT.
3.11 We may, by giving you notice at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) Any request by you to change the delivery date(s), quantities or types of Goods ordered; or
(c) Any delay caused by any or your instructions or your failure to give us adequate or accurate information or instructions.
4. Availability, Errors and Inaccuracies
4.1 We are constantly updating our offerings of Goods on the Website.
4.2 The Goods available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other web sites.
4.3 You expressly agree that any such offer of Goods does not constitute a legal offer capable of attracting legal consequences.
4.4 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.
4.5 We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section 4 “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
5.1 Any promotion (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms.
5.3 If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
5.4 The terms and conditions of any other “Promotions” are independent of this agreement.
6.1 We deliver to the majority of the United Kingdom; however,
(a) All delivery charges that are displayed on the product page or where the delivery charge is included in the product price are for the United Kingdom mainland only.
(b) Deliveries outside of this area but not limited to include; parts of England, Scottish Highlands and Islands including areas north of Glasgow/Edinburgh line, Isle of Man, Shetland Islands, Orkney Islands, Isle of Wight, Channel Islands, Anglesey, Western Isles, Isles of Scilly, Northern Ireland and the Republic of Ireland are subject to additional delivery costs.
(c) If you require delivery outside of the United Kingdom mainland please contact us for an accurate delivery cost.
6.2 Orders that require delivery outside of the United Kingdom mainland set out in clause 6.1 can only be completed;
(a) Once you have received a written delivery cost supplied by us and accepted the cost in writing.
6.3 In the event of an Order being submitted through the Website where the Order should incur an additional delivery charge but did not The Customer will be contacted and be asked to pay any additional delivery costs before the Order is accepted.
6.4 We shall deliver the Goods to the Delivery Location you have provided us.
6.5 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
6.6 All delivery dates are approximate only. Time of delivery shall therefore not be of the essence.
6.7 We will inform the Customer if we become aware of an unexpected delay and will arrange a new delivery date.
6.8 We shall be entitled to make partial deliveries of an Order and this shall not entitle you to reject the Goods.
6.9 If you fail to take delivery of the Goods on the date of delivery, we shall, without prejudice to our other rights,
(a) Be entitled to store the Goods at your risk
(b) You shall pay all storage and additional carriage costs incurred and any abortive delivery charges charged by the carrier.
6.10 When the Goods arrive at the Delivery Location we shall only be obliged to unload them to the kerbside unless other delivery options are agreed in writing at an additional cost.
6.11 You will be responsible for ensuring that we have free and safe access to give effect to delivery at the Delivery Location and
(a) Ensuring that the Delivery Location is accessible by a Large Goods Vehicle which in some cases can be an articulated lorry.
(b) If we are unable to complete your delivery due to access issues additional carriage costs will be covered by you.
6.12 It is the customer’s responsibility to check for any damages on delivery and report them to us within a 24 hour period. No action can be taken after this time period.
(a) Conform with their description; and
(b) Be free from material defects in design, material and workmanship
7.2 Subject to the Terms of this section 7 if:
(a) You give us notice in writing within 1 Business Day of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1;
(b) We are given a reasonable opportunity of examining such Goods, and
(c) You (if we ask you to do so) return such Goods to our place of business (Goods CANNOT be returned to our office address) at your cost.
We shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.3 All goods shall be supplied with their manufacturer’s standard parts only warranty unless otherwise specified in your Order. Additional warranties may be available at an additional cost which will be added to your Order if you have chosen such additional warranty. All manufacturer’s warranties shall be governed by the manufacturer’s own terms and conditions.
7.4 Additional warranties available from The Company include;
(a) 5-year warranty
7.5 Goods that are purchased with a 5-year warranty;
a) The 5-year warranty is only valid with a valid Total Water Systems warranty certificate and upon completion of a product commissioning conducted by a company approved commissioner at a time and date approved by The Customer and The Company.
(b) The Company warrants the Goods against defective parts for five years from the purchase date of the Goods.
(c) We will only be responsible for the cost of replacement parts.
(d) You will be responsible for all other costs (e.g., labour, delivery, callout fee) incurred with the repair of the Goods.
(e) The Company does not warranty consumable supply-type items (e.g., bulbs, belts, filters) sold with the Goods.
7.6 We shall not be liable to fulfil the warranties for the Goods as set out in Terms 7.1 & 7.5 in any of the following events:
(a) You make any further use of such Goods after giving notice in accordance with clause 7.2;
(b) The defect arises because you have failed to follow our (or that of the manufacturer) oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods by your or a third party employed by you;
(c) The defect arises as a result of us following any drawing, design or specification supplied by you;
(d) You alter or repair such Goods without our written consent;
(e) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) The Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
7.7 When signing for deliveries you must state clearly on the delivery note any damage or shortages.
7.8 You must provide all information and assistance required by us to investigate any suspected defect and, if required, permit us to inspect the Goods concerned at any premises where the same are located.
7.9 We reserve the right for Goods returned which are over 28 days old from the date of purchase to be replaced with a refurbished or repaired product.
7.10 These Terms apply to any repaired or replacement Goods supplied by us.
7.11 Goods are not sold on a trial basis. You should check the specifications and suitability of the Goods before ordering. We do not warrant the suitability of the Goods for specific applications and it is your responsibility to assess this.
7.12 Goods which have been incorrectly ordered will only be accepted for return with our prior approval and subject to the payment by you of return carriage costs and any charge in accordance with Term 7.14
7.13 Returned Goods will only be accepted if they are: in the same condition as when they were delivered and they are correctly packed in the original packaging with the manuals, returned with the necessary proof of delivery and purchase, and have not been used.
7.14 We reserve the right to make a restocking charge of 25% of the value of the Goods. if the goods are unopened and with the original packaging. If there is no packaging then up to 50% of the value of the Goods for restocking can be charged.
7.15 Should you wish to cancel an Order, the cancellation must be made in writing, by email. If you cancel any Order whilst the Goods are still in transit, an abortive delivery charge will be incurred by you.
7.16 Goods may not be returned without a Goods Return Authorisation Number and return address which can be obtained from us by contacting us via telephone or email. Goods CANNOT be returned to our office address.
7.17 All Special Order items are made to order and are non-refundable once the Order is placed. All Special Order items are clearly marked on the Website
7.18 In the event of a warranty call out, we reserve the right to hold a deposit until the fault or error has been diagnosed. On receipt of the engineer’s report being received by us, all of the deposit will be returned unless it is found to be a non-warranty issue in which case the remaining balance after charges will be returned.
7.19 Warranties will only apply if the equipment is situated in the UK.
8. Title & Risk
8.2 Whilst we retain ownership of the Goods in accordance with Term 8.1 the following terms shall apply:
(a) You shall keep the Goods labelled as belonging to us and separate and identifiable from all other goods in your possession as our Bailee;
(b) Your right to possession of the Goods shall immediately cease if any of the circumstances in Term 8.4 arise.
8.3 Without prejudice to the equitable rules as to tracing, in the event of failure to pay any and all the payments for the Goods in accordance with these Terms we shall have power:
(a) to re-sell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purpose we and our servants and agents may forthwith enter upon any premises or land occupied or owned by you to remove the Goods; and
(b) pending payment of any and all payments due hereunder for the Goods you shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by you in an amount at least equal to the balance of the payments due hereunder for the same from time to time remaining outstanding. The policy shall bear an endorsement recording our interest.
8.4 We shall have the right to cancel all or any contracts with The Customer or withhold delivery of any Goods if:
(a) The Customer fails to pay any monies owing to us by the due date;
(b) The Customer commits any breach of any contract with Us;
(c) The Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(d) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(e) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(f) (Being an individual) the Customer is the subject of a bankruptcy petition or order;
(g) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(h) (Being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
(i) If (being a company) a floating charge holder over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;
(j) A person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;
(k) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in this Term;
(l) The Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or substantially the whole of its business;
(m) The Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(n) (Being an individual) The Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
8.5 In the event of a delivery being withheld we shall be entitled as a condition of resuming delivery to require pre-payment of or such security as it may require for the payment of the price of any further delivery.
(a) Death or injury resulting from our negligence;
(b) Breach of terms as to title under Section 12 of the Sale of Goods Act 1979;
(c) Fraud or fraudulent misrepresentation; or
(d) Defective products under the Consumer Protection Act 1987.
9.2 Subject to Term 9.1:
(a) We shall not be liable for any direct or indirect costs, claims, damages, losses or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits , income, production or accruals or loss of such profits, income, production or accruals or any indirect or consequential losses;
(b) Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not in any circumstances exceed the invoice value of the Goods;
9.3 In no event shall Total Water Systems, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(a) Your access to or use of or inability to access or use the Website;
(b) any conduct or content of any third party on the Website;
(c) any content obtained from the Website; and
(d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9.4 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors, computer system failures and computer virus attacks.
9.5 We shall not be responsible for affixing any warning notices to the Goods or their packaging. This shall be your responsibility and you are deemed to have full knowledge of the Goods in relation to safety and otherwise.
9.6 You are responsible for awareness of all relevant guidelines and regulations relating to health and safety within the workplace.
9.7 We shall therefore not be liable for your failure to comply with Terms 9.5 and 9.6 and you agree to indemnify us against all losses and costs arising from such failure.
9.8 The installation of the Goods requires a qualified person. We will not accept any actual or consequential claim or liability arising from incorrect installation and fitting of the Goods.
10.1 When you create an account with us, you must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
10.2 You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party Website.
10.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
10.4 You may not use as a username the name of another person or entity or that is not lawfully available for use,
(a) A name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation,
(b) Or a name that is otherwise offensive, vulgar or obscene.
10.5 You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
10.6 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
10.7 Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.
10.8 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Intellectual Property
11.1 The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Total Water Systems and its licensors.
11.2 The Website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
11.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Total Water Systems.
11.4 When you upload content, you give to Total Water Systems a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Website and otherwise in connection with the provision of the Website and Total Water Systems business.
12. Links To Other Web Sites
12.1 Our Website may contain links to third-party web sites or services that are not owned or controlled by Total Water Systems.
12.2 Total Water Systems has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
12.3 You further acknowledge and agree that Total Water Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
12.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
13.1 You agree to defend, indemnify and hold harmless Total Water Systems and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of
(a) your use and access of the Website, by you or any person using your account and password;
(b) A breach of these Terms, or
(c) Content posted on the Service.
14.1 Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
14.2 Total Water Systems its subsidiaries, affiliates, and its licensors do not warrant that
(a) the Website will function uninterrupted, secure or available at any particular time or location;
(b) Any errors or defects will be corrected;
(c) The Website is free of viruses or other harmful components;
(d) Or the results of using the Website will meet your requirements.
15.1 Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Total Water Systems ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Website, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Total Water Systems or any person for whom Total Water Systems is responsible, and even if Total Water Systems has been advised of the possibility of such loss or damage being incurred.
16. Governing Law
16.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
(a) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
(b) If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
(c) These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.
17.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
17.2 What constitutes a material change will be determined at our sole discretion.
17.3 By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.
17.4 If you do not agree to the new terms, you must stop using the Website.
18.2 You agree that they constitute part of these terms.
If you have any questions about these Terms, please contact us.
Please fill in the form with as much information as you can and we will be in touch shortly.