Terms and Conditions
If you disagree with these terms and conditions or any part of these terms and conditions you must not use our website.
The term "Gutter Mate Ltd" or "GM" or "us" or "we" refers to the owner of the website whose registered office is Paynes Park. The term "you" refers to the user and viewer of our website.
(2) License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) show any material from the website in public;
(b) republish material from this website (including republication on another website);
(c) edit or otherwise modify any material on the website; or
(d) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
(e) sell, rent or sub-license material from the website;
(f) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(g) and where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use our website for any purposes related to marketing without our express written consent.
All content on our website and pages is subject to change without notice.
(4) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(5) Information, Material & Limited Warranties
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeless, performance, completeness or suitability of the information and materials found or offered in this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or error and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Gutter Mate Ltd reserves the right to make changes and modifications to our products without prior notice. The company has a policy of development, improving and upgrading products from time to time and as demand and market requirement changes. We would point out that images on our website are normally accurate, however they should be considered for illustrative purposes only unless confirmed by Gutter Mate Ltd.
Customers should satisfy themselves that any item choice made is suitable for their intended purpose or use. We pride ourselves on our customer service. In the rare event that you have a problem with your item please contact us and we'll be happy to help.
(6) Limitations of liability
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(b) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(c) we will not be liable for any consequential, indirect or special loss or damage;
(7) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(9) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(10) Entire agreement
(11) Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Payment Terms
Ownership of the goods does not pass to the purchaser until full payment is received and cleared. Invoiced sales payments are 30 days from the date on the invoice.
Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all.
We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description.
If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
Our warranty cover parts only for 12 months. The damage part must be returned if we are to replace it.
Either by Royal Mail as individual units or TNT or other such carriers. Customers can arrange their own collection if preferred.
The price of Water Tanks, Water Butts and Water Barrels includes the delivery charge to UK mainland destinations, with the following exceptions:
Extra charges will be incurred to any of the following areas:
Northern Ireland, Scottish Highlands and Offshore Island including the following postcode areas:
PH17-26, PH30-44, PH49-50, PA60-78, IV, HS, KA27-28, KE, ZE.
Please call or email for additional delivery charges for these areas and overseas.
(16) Returns Goods for a refund
If we agree to the return of the goods, the goods must be in a usable and saleable condition. In other words they must be in the same packaging as when they were delivered and the packaging must be in good condition. The goods must be a condition to allow us to resell them. If we issue a refund the cost of delivery will be deducted from the total invoice value originally taken. If we are replacing the goods a delivery charge will be made for the replacement goods.
(17) Our Details
The full name of our company is Gutter Mate Ltd.
Our address is: 54 Wilbury Way, Hitchin, Herts, SG4 0TP
You can contact us by email to firstname.lastname@example.org or via phone on 01462 429 765.
Rain Water Harvesting Systems and Products
TERMS & CONDITIONS OF BUSINESS
(These do not affect the customer’s statutory rights)
Please note that all goods are provided on a supplied-only basis, to be installed as a working system by the customer or their agents; any faults arising from mis-installation or mis-handling are the responsibility of the installer. Our supplies are not subject to the CIS rules and no CIS deductions are therefore to be made to invoices
NB: Breach of these conditions will invalidate the Warranty
The following applies only to the supply of goods (namely full or part rainwater systems or packages supplied); where a separate contract for the supply of services is required, such as for installation support and site visits etc, separate terms, conditions and charges will apply for that contract.
All goods provided under these terms & conditions are to be used in accordance with the associated Installation Manual, User Manual, or other written instructions provided by the Company.
As an un-contracted service, the Company provides installers and users of the goods it supplies with a free telephone advice line; all telephone advice is provided in good faith but, if different/additional to written information contained in the Installation and Users Manuals, is only to be acted directly upon when followed-up by a written confirmation.
Quotations & Prices
Only our written quotations are to be used as a basis for ordering. The prices contained in our quotations are fixed for a period of 3-months from the date of issue, unless stated otherwise.
Orders are only accepted once we have issued confirmation of acceptance, and on the basis that all terms and conditions here set-out have been understood and accepted by the buyer.
Written confirmations (letters, fax or e-mail) are required for all orders.
Technical Specification Changes
All specification changes are to be agreed in writing by both parties ahead of shipping.
Any amendments to original quotation/order details are to be confirmed in writing by both parties.
Delivery Times & Arrangements
The delivery times relevant to your order will be as set out in our written quotation; we will use our best endeavours to meet precise delivery arrangements within the constraints of the stated delivery time, provided at least 5-working days notice is given.
Should, for reasons beyond Gutter Mate’s Ltd control, delivery of goods does not take place as mutually arranged, Gutter Mate Ltd will not be liable for any additional costs incurred by the client.
Cancellation of Orders
Orders may not be cancelled once it has been delivered fully or in part
In the event that an order (in full or in part) is cancelled after it has been placed but pre-delivery, the following cancellation charges will apply:
q 7.5% of the value of the order once it has been accepted by Gutter Mate and confirmation sent to the buyer
q 15% of the value of the order where working drawings & installation manuals have been produced and sent
q 30% of the value of the order where signed drawings have been returned by the customer, and production has commenced
q 60% of the value of the order where the goods have been manufactured and are in-stock awaiting delivery instructions
In the event goods are not able to be off loaded when delivered in accordance with the agreed arrangements, due to the client not being in a position to receive them, the client will be responsible for any storage, additional shipping/re-shipping costs, which arise.
Damages in Transit
All goods are to be unpacked on receipt and checked for damage in transit; any claims for replacement items are to be made within 48-hours of delivery. The customer copy of the Packing List needs to be signed and returned at this stage to validate the Warranty.
Gutter Mate Limited, 54 Wilbury Way, Hitchin, Hertfordshire SG4 0TP
Sales: 01462 429765 Fax: 01462 429798 emails: email@example.com web: www.guttermate.co.uk
registered no. 4414980 VAT no. 944150045
Responsibility for off-loading goods lies with the client and must be undertaken in accordance with the instructions provided; any damage arising during or subsequent to off-loading shall be the client’s responsibility.
Shipping costs associated with the returning of goods is the responsibility of the customer, unless agreed otherwise. Should any parts become lost or damaged, it is the responsibility of the customer to use the appropriate service with insurance/protection.
Payment with order
The warranty period starts on the date the goods are delivered to site. The Warranty is validated signing and completing the return of a copy of the Packing List enclosed with the system or component(s) on delivery. The terms of the Warranty are:
i) All components are covered by a parts only guarantee from the time of delivery.
ii) Replacement parts will be provided in the event of failures in service, for the period as outlined below after the date of delivery. Replacement parts shall only be issued on return of the defective parts, unless agreed in writing.
q Full domestic systems – 12 months (see note v)
q External only (Gardening) systems – 12 months
q Commercial systems – 12 months
q All other system and parts - 12 months, unless stated at the time.
iii) Failures resulting from improper installation, misuse and/or with signs of physical mistreatment are not covered by the Warranty.
iv) Domestic systems are optimised to provide harvested rainwater to supply WC’s throughout the house, outside tap functions and a washing machine situated on the ground floor. Other configurations/usages should perform equally well, but are not guaranteed.
v) Tanks made from polyethylene carry a 10-year warranty against failure caused by a manufacturing defect. To validate this warranty, the tanks must be used and installed fully in accordance with Gutter Mate instructions which includes taking advice from a professional appointed structural engineer under the circumstances identified in the instructions. Claims made against this warranty are to be accompanied by a report supplied by a mutually agreed independent expert, whose fees will be paid by Gutter Mate in the event that a manufacturing defect is shown to be the cause of any failure.
vi) Drinking water systems are subject to the separate mutually agreed “risk assessment” that form the contract under which these are supplied.
System breakdowns that cannot be rectified by the end-user with reference to the user guide and with telephone technical support from Gutter Mate, will need to be attended to by the customer’s agent (usually the original installer or appointed plumber). Gutter Mate will assist the agent/plumber (via the telephone) to rectify the problem. Any defective parts will then be issued with reference to the terms of the warranty.
A commissioning request form must be completed and signed prior to any visit.
System commissioning does not include labour or installation work.
Prior to our representative(s) arriving on site the system must be fully installed as per the written instructions provided. Should the system not be in a state of readiness for commissioning and/or where remedial works be required as a result of the initial report, additional charges will apply. Specific terms relating to a commissioning visit can be found on the commissioning request form and the commissioning report form.
All goods shall remain the property of Gutter Mate Ltd so long as any money is outstanding in relation to these or any other goods previously supplied.
Gutter Mate Ltd reserve the right to recover any goods that have not been paid for in accordance with the account facilities provided, and the purchaser agrees to make such goods available for this purpose, and provide any access needed to effect recovery.
In the event a purchaser’s standard documentation includes wording that may, or appear to, invalidate the above retention of title conditions, such contra-terms are rejected unless specifically agreed in writing.