Terms & Conditions
(a) These conditions (“the Conditions”) shall apply to all trading between us and you (“the
(b) “Goods” means the goods (including, stone, liners, heaters, swim jets, chemicals,
tiles, slate and covers) or where the context permits the services to be supplied by us to the Customer.
by us of your order(verbal or email) is conditional upon acceptance by you of the following Conditions which override all
other terms or conditions inconsistent therewith, express, implied or otherwise and is deemed a legally binding contract under
(d) No variation of these Conditions shall be binding upon us unless otherwise agreed by us in writing.
(e) Quotations are” invitations to treat” and may be withdrawn at any time. In any event they shall lapse 30
days from the date of the quotation.
(f) If any provision of these Terms is held by any competent authority to be invalid
or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision
in question shall not be affected.
(g) The waiver by us of any breach or default of these Conditions shall not be construed
as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.
(a) Unless the sale is for cash or is upon shorter credit
terms indicated on the invoice, accounts are due for payment on the last day of completion of the job. All guarantees and
certificates relating to that job will be issued upon receipt of those funds. All goods shall be paid through our gb
poolstore facility. Paradise pools GB Pols and any variant of the GB Poolstore group will use GB Poolstore for billing.
- (b) We reserve the right to refuse to execute any order or contract if the arrangements
for payment or the customer’s credit are not satisfactory to us. In the case of non-payment of any account when due
or if there shall be any default or refusal on the part of the customer to take due delivery of any Goods or in the case of
death, incapacity, or if the Customer is subject to any form of insolvency procedure included in the Insolvency Act 1986 or
is subject to any Warrant of Execution or Distrait Notice or a Receiver is appointed over all or any assets of the Customer
then the purchase price of all Goods provided to the Customer shall become due and payable and in addition we shall have the
right to cancel every contract made with the Customer or to suspend or continue delivery of Goods at our option without prejudice
to our right to recover any loss sus- tained. Interest at the rate of 2% per annum above the current Bank of England base
rate shall be payable in respect of all sums outstanding.
(c) The Customer shall not be entitled to withhold payment
of any amount payable by reason of any dispute or claim nor shall the Customer be entitled to set off against any amount payable
any amount which is not then due and payable by us or for which we dispute liability.
- PRICE Quoted or agreed prices are based on costs prevailing at the time when they are given or agreed.
We reserve the right to adjust the price of the Goods at the time of delivery to take account of any direct or indirect price
fluctuation sustained by us in relation to the Goods or if the quantity of Goods ordered does not equal the quantity referred
to in any quotation.
statement in any quotation or contract made by us as to the time or date for delivery of Goods is to be treated as an approximate
estimate. We can accept no liability for any delay in delivery howsoever caused. Time shall not be of the essence of any agreement
between us. We shall not be liable for any delay or failure to perform any of our obligations to you due to Force Majeure
which shall include industrial action.
(b) We do not undertake to deliver or collect any load over roads or ground which
in our discretion we consider to be unsuitable. If a vehicle used for performing our contract with any Customer delivers or
collects a load to or from a place situated off the public highway, the Customer is to be solely responsible for and shall
indemnify us fully against any damage or accident (with the exception of death or personal injury caused by the company its
servants or agents).
(c) The Customer is to provide free of charge the labour required for unloading and stacking of
(d) If the Customer wishes to claim that there is any shortage on delivery in respect of Goods supplied by us
or that the Goods have been damaged in transit or that the Goods are not in accordance with the contract the Customer shall
give notice to us and (in the case of any shortage or damage in transit) to any carrier by whom the Goods were delivered on
the delivery ticket or in the case of unpacked Goods within 3 days of delivery. If the Customer fails to give such notice
and fails to give us the opportunity to inspect the entire consignment the Goods shall be deemed to have been delivered and
to be in accordance with the contract in all respects. Our liability for short delivery howsoever caused shall be limited
to making good the shortage.
(e) In the event of any Goods being delivered and deposited whether on the public highway
or elsewhere the Customer shall be responsible for compliance with all laws, bye laws and regulations and for all steps which
need to be taken for the protection of persons or property in relation to such Goods and shall indemnify us in respect of
all or any costs, claims, losses or expenses which we may incur as a result of such delivery. In particular the Customer shall
be responsible for complying with the Highways Act 1959 and 1971 and shall ensure that any Goods left on the public highway
are properly lighted with warning lights.
(f) Unless otherwise expressly agreed in writing our prices only cover delivery
and working on normal working days and during normal working hours. All deliveries made at the Customer’s request on
Bank Holidays, Sunday and Saturday afternoons and outside normal working hours, will be subject to extra charges.
We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Each delivery
shall constitute a separate contract and failure by us to deliver any one or more of the instalments or any claim by the Customer
in respect of any one or more of the instalments shall not entitle you to treat the contract as a whole as repudiated.
(a) nothing in these Conditions shall be deemed
to exclude or restrict our liability for death or personal injury resulting from the negligence of us, our agents or employees.
(b) We are willing to undertake liability in addition to that provided by these Conditions if a higher selling price
for the Goods is agreed.
(c) Any representations given by us, our agents or employees to the Customer or its employees
or agents as to the condition of the Goods, their fitness for any purpose or estimates of quantity or measurement are followed
or acted upon entirely at the Customer’s own risk and we shall not be liable for any such representations unless fraudulent.
In placing an order with us the Customer acknowledges that it does not rely on any such representations (unless fraudulent).
(d) If we are satisfied that Goods supplied are defective in material or workmanship (“the Defect”) subject
to the conditions set out below we shall in our sole discretion either repair the Goods at our own expense or supply replacement
Goods or refund all (where appropriate part) of the price paid for the relevant Goods.
(e) We will not be liable under
Clause 5(d):- (i) for the cost of removing defective Goods which have been fixed or installed or the cost of fixing or installing
repaired or replacement Goods or for making good any other materials; (ii) if the Defect arises from any drawing design specification
or instructions supplied by the Customer; (iii) if the Defect arises from fair wear and tear, wilful damage, negligence, abnormal
working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions
relevant to the Goods or storage of the Goods in unsuitable conditions on the part of the Customer; (iv) unless the Defect
is discovered within one month from the date of delivery and we are given written notice of the Defect within seven working
days of it being discovered, except if the Defect would have been apparent on an inspection at the time of delivery in which
case written notice must be given to us within three days of delivery; (v) unless we are given an opportunity to inspect the
Goods and until such inspection occurs the Goods are not to be used or if already used will not be interfered with; (vi) if
at the time of the discovery of the Defect the price for the Goods in question was due and has not been paid; (vii) if the
Goods are not manufactured by us, in which case our liability of whatsoever nature howsoever arising will be limited to such
rights against the manufacturer as we may have in respect of those Goods. We will on written request provide details of any
such rights to the Customer and any other terms and conditions imposed by the manufacturer.
(f) Except as expressly
provided in these Conditions and except where the Goods are supplied to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977) all warranties, conditions, express or implied statutory or otherwise are excluded
to the fullest extent permitted by law.
(g) Save as set out in these Conditions the Company shall not be liable by reason
of any representation (unless fraudulent) or any implied warranty condition or other term, or any duty at common law or under
the express terms of the contract for any indirect loss, loss of profit, bonus, business contracts, revenues, anticipated
savings, the cost of the remedial works, temporary Works, additional materials or wasted money, wages, fees, expenses or penalties
or other losses whatsoever whether caused by the negligence of us, our employees or agents or otherwise which arise out of
or in connection with supply of the Goods or their use or resale by the Customer.
(h) In no circumstances whatsoever
shall our liability to the Customer arising under out of or in connection with the supply of Goods exceed the purchase price
of the goods which are the subject matter of any claim.
- STORAGE If at the request of the Customer we hold the Goods in our store the same will be at the risk of the Customer.
- CANCELLATION Contracts and orders may only be cancelled by the
Customer with our agreement in writing. Orders for Goods made or cut specially to order cannot be cancelled.
- TITLE AND RISK
(a) Risk in the Goods shall pass
to the Customer upon delivery.
(b) The ownership of the Goods shall remain with us until all sums due by the Customer
are paid to us. In the event of the Goods being damaged or destroyed or lost after delivery we shall be entitled to payment
in full for the same.
(c) Until title passes the Customer will hold the Goods as fiduciary agent and bailee for us and
shall store, mark or designate all Goods to show clearly that they are our property.
(d) The Customer is authorised
to use or sell the Goods in the ordinary course of business but shall hold the proceeds or insurance proceeds received in
respect of the Goods in trust for us and will not mix them with other monies or pay them into an overdrawn bank account.
(e) We may at any time revoke the power of sale and use granted to the Customer who shall at all reasonable times afford
access to our representatives to the premises where our Goods shall be situated for the purpose of repossessing such Goods
and shall render all reasonable assistance in removing the same
- LAW AND JURISDICTION The construction, validity
and performance of these Terms shall be governed by English Law.
We supply several alternative swimming pol
cover solutions. Automatic swimming pool hydraulic safety covers, solars covers and liquid covers (Heatsavr). We will always
give you the correct advice for your pool and use industry experts who are qualified and insured to carry out the work.
email@example.com 01342 824715 www.gbpools.co.uk
Pools Paradise Pools GB Poolstore are all part of the GB Poolstore group. The Gb Poolstore group of web sites account for
over 250 industry names and cover all aspects of the pool industry from Swimmingg pool safety to swiiming pool chemistry analysis.
GB Poolstore are one of the UK's leading Marbelite refurbishers and specialise in Marbelite refurbishment. GB Poolstore
also cover Coverstar , Aquatrac and many of the leading brans for servicing and repair. For further information please email
Notice. Swimming pool dealers, Installers or Contractors all refurbish swimming pools. It is prudent to find out how much
specialist knowledge they have for concrete swimming pools. It is not uncommon to have heard from a swimming pool contractor
that the only way to refurbish a marbelite swimming pool is to install a liner. The swimming pool dealer only sold liners,
and had no experience of concrete or Marbelite refurbishment. Swimming pool installers can also recommend fibre glassing the
pool. This again be relevant in certain circumstances, however there are other routes that would be more applicable.