Terms and Conditions

Terms and conditions of sale

Defined Terms

‘Customer’ means

‘Goods’ the goods that the Seller is selling to the Customer as set out in the Order.

‘Order’ means your Orderfor the Goods [as set out overleaf]

‘The Regulations’ shall mean the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

‘The Seller’ shall mean WTE. Ltd

‘Terms’ the terms and conditions set out in this document.

1. General

1.1 These are the terms and conditions on which the Seller will supply the Goods to the Customer.

1.2 The Customer should ensure that they read these terms carefully and check that the details on the Order and in these Terms are complete and accurate, before signing and submitting the Order. If there are any mistakes in the Order or the Customer requires any changes then the Customer should contact the Seller to discuss and any changes will be confirmed in writing.

1.3 Where a Customer has signed and submitted an Order to the Seller, it does not mean that the Seller has accepted the Customer’s Order for Goods. Acceptance of the Order will take place as described in clause 1.4 below. If the Seller is unable to supply the Goods, the Customer will be informed in writing and the Order will not be processed.

1.4 These Terms will become binding on the Customer and the Seller when the Seller issues to the Customer a written acceptance of the Order at which point a contract will come into existence between the Seller and the Customer.

1.5 The Seller operates within the Regulations, full details of which may be found on the Website www.legislation.gov.uk.

2. Goods Supplied

2.1 The Seller does not take responsibility for the design criteria of the chosen drainage, sewage treatment plant or pumping station, unless they have specifically agreed in writing with the Customer (at the Customer’s request) to do so.

2.2 Sewage treatment plants, pumping stations, rainwater harvester systems and other underground items are supplied with pedestrian rated covers unless otherwise specified.

2.3 In accordance with 2.2 above, tanks are not designed to withstand vehicle loads unless specifically stated. It is the Customer’s responsibility to ensure that the tank selected is fit for the purpose for which it is required.

2.4 All goods must be used in accordance with the manufacturer’s instructions. Various products can affect the performance of sewage treatment plants and may result in failure to meet a required effluent quality. The Customer should contact the Seller for guidance, if required.

2.5 All items supplied are guaranteed under warranty for the periods stipulated by the manufacturer. Full details of these periods are available from either the Seller or from the manufacturer direct.

2.6 If for any reason Environment Agency or Local Authority consent is required, the Seller does not undertake to obtain this consent unless requested and agreed.

2.7 The Seller does not undertake to locate existing pipework and/or services or determination of combined systems i.e. surface and foul water unless previously discussed and agreed with the Customer in writing. The undertaking of this work will be classified as additional work and a charge may be levied.  The Customer will be informed at the time of the Order if this is the case.

3. Servicing sewage treatment plants

3.1 The servicing of sewage treatment plants must be carried out by an authorised engineer in accordance with the recommended servicing intervals. This will ensure that the best performance results are achieved in respect of the effluent quality produced by the unit.

3.2 All warranties are null and void if the servicing is carried out by non-authorised engineers. The costs of this service can be provided by the Seller or an authorised engineer.

3.3 The Seller does not accept responsibility for sewage treatment plant effluent quality.

4. Pumping Stations

4.1 Pumping stations will be supplied fit for the pumping of the appropriate waste matter agreed by the Seller at specification stage.

4.2 Should items such as nappies, sanitary towels or non dissolvable wipes “(Third Party Items”) be put into the systems, the Seller does not accept responsibility for the malfunction of the unit.

4.3 Should the Seller be called out on a warranty call and a Third Party Item be found to be the cause of the fault, then the Customer will be liable for the repair, time on site and travel costs of the engineer. Travel and time on site costs will be levied at the current rate of £48.75 per hour plus VAT. Mileage costs are currently [42] pence per mile plus VAT.

4.4 It is the Customer’s responsibility to obtain confirmation from the relevant Local Authority Building Services Building Inspector that pumping stations are fit for purpose and comply with the current Building Regulations in respect of 24 hour retentive capacity. The Seller will not accept any responsibility for the supply of pumping chambers that are deemed too small by the Authorities.

5. Installation

5.1 Installation guides will be provided with the Goods and, by prior request, before delivery but each site should be assessed individually and at the Customer’s discretion, a suitably qualified structural engineer may be consulted to advice on installation.

5.2 If tanks are to be installed in trafficked areas a structural engineer must be consulted to design a suitable installation method that prevents the weight vehicles being exerted on the tank,

5.3 In addition specialist guidance by a structural engineer may be required:

5.3.1. To ensure that any vehicle rated cover is installed correctly

5.3.2 To ensure that any tank installed in high water table sites is installed correctly.

5.4 It is the responsibility of the installer to ensure:

5.4.1 That any vehicle rated cover is installed correctly

5.4.3 That the tanks are installed in a manner suitable for the ground conditions

5.5 The Seller accepts no responsibility for the installation or performance of goods.

6. Delivery

6.1 The Seller will contact the Customer with an estimated date of delivery of the Goods which will be within 30 days after the day on which we accept your Order unless otherwise agreed with the Customer in writing.

6.2 If the Seller is unable to deliver the Goods within 30 days, then the Customer has a right to cancel the Order immediately if any of the following apply:

(a) We have refused to supply any of the Goods;

(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)The Customer made clear to the Seller before acceptance of the Order that delivery within the delivery deadline was essential.

6.3 If the Customer does not wish to cancel the Order, or does not have the right to do so under clause 6.2 above, then a new delivery deadline can be agreed with the Seller and the Order can be cancelled if the Seller is unable to meet the new deadline.

6.4 Offloading is the responsibility of the Customer in all cases. Should guidance be required on the offloading of any item the Seller will be happy to supply this information.

6.5 Unless previously agreed, items will not be delivered on a vehicle with a Hiab crane.

6.6 Items may occasionally be delivered on a pallet. Where Goods are to be onwardly transported, it is the Customer’s responsibility to ensure that the dimensions of the pallet are allowed for.

6.7 Delivery of the Goods will be completed when the Seller delivers the Goods to the address provided by the Customer. Ownership of the Goods will transfer once the Seller has received payment in full.

6.8 Customers will be informed of the delivery date of items and must ensure that appropriate arrangements are made to offload, accept, check and sign for goods on site. Should persons not be available to accept goods items will not be left without a signature: they will be returned to the appropriate depot and delivered on the next available date. A charge may be made for this in line with the manufacturers restocking policy.

6.9 On occasions goods will be delivered on articulated transport vehicles with a length of over 13 metres. The Customer should ensure that if there are any restrictions to access full details are specified at the time of the Order. Should the Seller not be informed of restrictions which prevent delivery, and items are returned to stock, a restocking charge of 20% may be levied.

6.10 The Seller does not accept liability for delays associated with missed or late deliveries due to adverse traffic problems, weather conditions or vehicle breakdowns. Transport is sub contracted and various hauliers can be used to transport the Customer’s materials. The Seller would suggest that the delivery of any concrete or machinery to assist with the installation of the units is deferred until the Goods are on site to avoid unnecessary delays.

6.11 All Goods must be inspected by the Customer prior to signing the delivery note. Damaged Goods should not be accepted. Any delivery of damaged Goods which is accepted must include details of damage on the delivery note. Damage notified to the Seller which is not mentioned on the delivery notice will be deemed to have occurred after delivery and the item will not be replaced or money refunded.

6.12 Where the Goods are purchased by the Customer as a consumer then the Customer will have certain rights in relation to Goods that are faulty or not as described. Advice about these legal rights is available from a Citizens Advice Bureau or Trading Standards Office.

7. Price

7.1 Prices quoted will usually include the delivery charge to the site.

7.2 Where a delivery charge is not included in the cost of the item then this charge will always be listed as a separate item in the quotation or estimate for the supply of the Goods.

7.3 Additional delivery charges may be incurred for goods supplied to postcodes AB, BT, DD, IV, KW, PA, PH, TR or Islands.

7.4 All quotations or estimates, either verbal or written will be valid for 30 days.

7.5 An additional cost will usually be levied for the supply of a vehicle rated cover. The Customer should enquire with the Seller as to the cost of this at the time of order.

7.6 Should it be necessary for technical information to be provided, or a site visit, the additional charges may be levied at the sum of £75 per hour plus VAT, charged in 15 minute intervals. The cost would also be levied on any travelling time to the site.

8. Payment

8.1 All items shall be paid for in full by cleared funds 10 days prior to delivery to site.

8.2 The Seller accepts all forms of payment including major debit cards and credit cards, excluding American Express.

8.3 The Seller reserves the right to pass on any charges levied by Card Net Services Department in relation to payment by credit or charge cards to the Customer. There are no fees for payments taken by debit cards.

8.4 No retention money shall be held without previous agreement, which should be negotiated prior to the Order being made and in writing.

8.5 Any dispute regarding works or our invoice must be notified to this office [ state address] within 7 days of the delivery date or will be deemed invalid.

9. Cancellation

9.1 Before the Goods are delivered, the Customer has the following rights to cancel an Order for Goods (other than bespoke Goods) as follows:

(a) the Customer may cancel any Order for Goods within 14 calendar days of placing an Order by contacting the Seller. The Seller will confirm the cancellation in writing.

(b)If the Customer cancels an Order in accordance with clause 9.1 (a) above and the Seller has already dispatched the Goods then the Seller will have to charge the cost of collection. This will not affect any refund for the Goods themselves but the Seller will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.

Under the Regulations should a Customer wish to cancel an order once delivered, written cancellation should be given to the Seller within 7 workings days after receipt of the goods.

9.2 Where a contract is cancelled, the Customer is obliged under the Regulations to ensure that reasonable care is taken of any goods received and restore them to use. The Customer is not obliged to return goods to the Seller, but must make them available for the Seller to collect.

9.3 In the case of a cancelled order, should any damage be made to the items between the time of delivery and the time they are returned to the Seller or the manufacturer, or any parts be missing as detailed in the original signed delivery note, then the Seller reserves the right to refuse the return of goods or levy a charge to a maximum of 100% of the cost of the items.

9.4 Should it be requested that a supplied item be returned or an Ordercancelled on or after delivery, then the Seller reserves the right to recover any transportation charge relating to the return of the item. A re-stocking charge of 20% of the value of the goods will be levied.  

9.5 In the case of a cancelled order, the Seller will return the Customer’s money as soon as possible and at the latest within 30 days of receiving the written notice of cancellation.

9.6 If payment for the goods is under a related credit agreement, the Customer’s cancellation notice also has the effect of cancelling the credit agreement.

10. Bespoke Items

10.1 Goods ordered on a bespoke basis are not covered by the Regulations.

10.2 Should an Order be cancelled prior to delivery of a bespoke item, a full refund will be given so long as written cancellation is received before the item has gone into production.

10.3 If the item has gone into production, there may be a cancellation fee charge. This could be up to 100% of the cost of the item ordered.

10.4 Should it be requested that a bespoke item be returned or cancelled on or after delivery, then the Seller reserves the right to recover any transportation charge relating to the return of the item. A restocking charge of 20% of the value of the Goods will be levied.

10.5 Nothing in this clause 10 will affect the Customer’s rights as a consumer in respect of Goods that are faulty or not as described.

11. Faulty Items

11.1 Should an item supplied be faulty then the Seller will forward a replacement item as soon as possible, usually within 2 working days.

11.2 In the case of a faulty electrical item then the Seller will request that the faulty item be returned for examination.

11.3 The Seller will always act in good faith to ensure that goods are operational as soon as possible after a fault and will therefore usually supply a replacement electrical item immediately to ensure there is no disruption in service. It must be understood however that should the fault not be a warranty issue then an invoice for any damage at site will be issued.

11.4 Should the fault be found to be a warranty claim, then this will be exchanged under the terms of the guarantee and no costs will be levied to the Customer. However if it can be ascertained that damage has been caused after delivery, the full costs of the item and delivery charges will be passed onto the Customer.

11.5 The Seller does not accept liability for goods failure to perform due to incorrect design based on misinformation or misinterpretation of information supplied by the Customer and where design of the proposed system has been prior to our involvement with the project.

11.6 The Seller does not accept liability for any design which has not been checked and verified by a qualified third party.    

11.7 If the Seller fails to comply with these terms, the Seller will be responsible for any loss or damage suffered by the Customer that is a foreseeable result of a breach by the Seller of the terms or of the negligence of the Seller, but the Seller will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Sellers breach or it was contemplated by the Seller and the Customer at the time that the contract was entered into.