Terms and Conditions
DEFINITIONS
1.1. “Buyer” means the individual or organization who buys or agrees to buy the Goods from the Seller; “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.3. “Seller” means CWT Partners Ltd. see contact details.
1.4. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.5. “Goods” means any items the Seller offers to sell through CWT Partners Ltd.
CONDITIONS
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
ORDERING
3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3. When making an order through the Website, the Buyer is required to complete the order process.
3.4. Orders placed, that require manufacturing/preparation/project orders are non-refundable and must be paid in full.
PRICE AND PAYMENT
4.1. The Price of the Goods shall be that stipulated by the Seller. The Price excludes delivery charges, post and packaging and VAT; these are shown on the order form prior to the payment process.
4.2. The total purchase price, including VAT and delivery charges, if any, will be quoted to the Buyer prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4. In the case of consumer sales, payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. Acceptable payments methods include VISA, MASTERCARD, MAESTRO or by BACS/DD.
4.5. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of the statutory 8% above the Bank of England base rate. Overdue accounts will incur our minimum administration charge of £95 +VAT per month per notification.
RIGHTS OF SELLER
5.1. The Seller reserves the right to adjust the price and specification of any item on at its discretion or to withdraw any goods from sale at any time.
5.2. The Seller shall not be liable to anyone for withdrawing any Goods or refusing to process an order.
5.3. The Seller reserves the right to ‘mention’ or ‘advertise’ the installation of the Vulcan System at the Buyer site. The Seller can include the Buyer as a Client on their brochures, website or advertising material. The Seller will obtain permission from the Buyer for the use of any logos or copyright or trademark material.
WARRANTY
6.1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
6.2. The Vulcan units have a manufacturers international warranty against manufacturing defects.
6.3. What is covered by the Warranty:
– The Vulcan Unit – 25 Years against any manufacturing defects
– The Power Adaptor – 1 Year against manufacturing defects (Power blowouts not covered)
– The Copper Impulse Bands – 1 Year against manufacturing defects
6.4. The Warranty will not cover any negligence, lack of care, accidents and the Buyer is advised to have adequate insurance cover for replacements
DELIVERY
7.1. After receiving full payment Goods supplied within the UK will normally be delivered within 7 working days within the UK. Under exceptional circumstances the delivery will be approximately 14 days.
7.2. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3. The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4. Delivery of the Goods shall be made to the Buyer’s address specified in the order sheet and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or post within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods
8.1. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs); and any return postal charges if the Goods are in fact defective. Goods deemed to have been damaged whilst in the possession of the Customer will invalidate the warranty and the unit will be returned back to the Customer. Under these circumstances postage charges will not be refunded.
Terms and Conditions (contd.)
8.2. If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing within 7 working days of receipt of the Goods.
8.3. Under all circumstances Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, return postal charges and administration charges).
8.4. If the Buyer fails to return the Goods within 14 days following cancellation, the Buyer shall be deemed to have accepted the goods.
8.5. Goods to be returned must clearly show the order/invoice number obtained from the Seller on the package.
8.6. Where returned Goods are found to be opened, used or damaged by the Buyer; the Buyer will be liable for the cost of remedying such damage and we reserve the right to refuse refunds under these circumstances.
8.7. All returned goods must be returned in the original packaging, unused, unmarked, undamaged and intact with all the components.
8.8. Goods used during any Trial period and returned will incur a charge to cover administration & consumables cost. Postage is a separate charge.
8.9. The Seller may offer the Buyer a 30 day Money Back Guarantee at the Sellers discretion (subject to terms & conditions). Where returned Goods are found to be damaged by the Buyer; the Buyer will be liable for the cost of remedying such damage and we reserve the right to refuse refunds under these circumstances. The Buyer will be charged for all consumables, impulse bands and postage if the goods are returned during this period and the balance refunded.
LIMITATION OF LIABILITY
9.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatever.
9.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
9.3. Customers purchase from CWT Partners Ltd and install the products as per the installation instructions. The products may give varying results of success; therefore “No Guarantee” or “Warranty” is given, expressed or implied by CWT Partners Ltd. or its agents
9.4. We cannot be held liable or legally responsible for any problematic bodily reactions, side effects or symptoms etc. experienced as a result of using products we sell.
9.5. The Buyer must exercise due diligence and care during the installation process.
9.6. It is the Buyers responsibility to determine the suitability for the application of the products supplied by the Seller. The Buyer indemnifies the Seller against any claims, losses or damages “caused” or “perceived” to be caused by the use of said products. CWT Partners Ltd, its officers or the Seller shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatever.
WAIVER
10.1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
DISCLAIMER
11.1. Any communication written, spoken or implied by the “Seller”; the “Sellers Staff” or the “Sellers Agents” in relation to the products is given on an “as is” basis.
Any information found within this website or our literature is for information purposes only, and it is advisable that the “Buyer” make their own enquiries and judgments prior to purchasing any products.
11.2. Statements made by CWT Partners Ltd, (media, staff agents or representatives) are offered as information only.
11.3. WE MAKE AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR BROCHURES, ITS CONTENT, ITS SERVICES OR PRODUCTS, OUR SERVICES OR PRODUCTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY US IN CONNECTION WITH THE USE OF THE SITE OR BROCHURES, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED.
FORCE MAJEURE
12.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
13.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
15.1. The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
15.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CONTACT DETAILS
CWT Partners Ltd.
58a High Street, Hampton Hill, TW12 1PD, England.
Registered in England No – 08896203
D-U-N-S® No: 219901560
Vat No: GB 182 3955 84
EORI No: GB 182 3955 84000
Tel: +44 75 4993 6853
Email: support @cwt-vulcan.co.uk
Terms and Conditions –
Recurring Payment and Direct Debits
Parties
The Agreement shall be between CWT Partners Ltd, (Registered and Correspondence Address: 58a High Street, Hampton Hill, London, TW12) hereafter referred to as CWT, and the Customer named on the recurring transaction authority. These terms are in addition to our standard terms & conditions available at: www.cwt-vulcan.co.uk
Definitions
The words below have the following meaning in this Agreement
- “Act” is the Consumer Credit Act 1974
- “Amount of credit” is the amount of invoice shown on the recurring transaction authority or balance due.
- “you”/”your” means the borrower/Customer/Client.
- “we”/”us”/”our” means CWT Partners Ltd, its successors and assigns
- “Interest Rate”, where applicable will be charged at 6% above the current Bank of England Base Rate.
Communications
Unless otherwise agreed, all communications and documentation in relation to this Agreement will be in English
Collection of repayments
The repayment of the facility will be made from recurring monthly debits from your debit/credit card or from your bank account by the Direct Debit facility as set out in the recurring transaction authority. A completed (manual or online) recurring transaction authority or Direct Debit mandate is required to be completed to allow this facility to be put in place. Acceptance of delivery of Goods is also considered acceptance of this facility.
Your costs for obtaining the facility: The facility is set up as an interest free facility. There is a £35 administration charge for obtaining this facility and is added to your invoice. There are no interest charges for the term of the facility provided the repayments are made in line with the recurring transaction authority. The Total amount payable is equal to the Amount of credit, with no Charge for credit.
Interest: Where applicable will be charged at a rate of 6% above the current Bank of England base rate.
Late payment charges
Charges will be payable on each occurrence of one or more of the following events:
- Returned/recalled or declined payment; £10
- Letters sent to you as a result of a breach of your credit agreement; £15
- Telephone call in respect of late payment; £10
- Issue of default notice; £20
- Transfer of your account from Collections to Debt Recovery; £50
- We may also charge our reasonable legal costs and disbursements for enforcing any term of the agreement
- Overdue payments may incur an interest rate of 10% above the Bank of England Base Rate and calculated on a daily basis.
You must pay us on demand the amount of any reasonable expenses or cost incurred as a result of any misleading or inaccurate information given in connection with the agreement. These charges will be incorporated into the debt owed and will be debited from the debit card provided in the recurring transaction authority. Goods remain the property of the Seller unless paid in full.
Your right to withdraw
If you wish to withdraw from this Agreement you can do so, please notify us by email (see contact details). You must repay the amount you owe us either by BACS or by debit card. The amount you owe us will be the balance of the facility, with interest charged where applicable. If you do not repay the amount you owe us within 30 calendar days from the date you notified us of your intention to withdraw, we will recover it as a debt through the courts.
Your right to request a statement
Should you require a statement, please request this by email (see contact details)
Terms and Conditions (contd.)
Recurring Payment and Direct Debits
Assignability
We may assign and transfer this agreement or all or any part of its rights hereunder to any person, firm or corporation without limitation, and this agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, representatives and assigns forever. CWT Partners Ltd expressly prohibits the assigning of the rights under the agreement by the borrower.
Partial Early Repayment or Full Early Settlement
Should you wish to repay part or all of the facility early, please send the request by email to CWT Partners Ltd, Finance Department by email to (see contact details below). Where applicable, if there is no interest charged to the facility, the balance due will be adjusted accordingly; however depending on the terms of the agreement we have the right to add the interest cost to the balance due.
Our right to demand earlier payment
We may demand immediate and full repayment of your facility if:
- The information provided when you applied for the facility was false or incorrect
- You are more than 14 days overdue with any amount you owe us
- If you become bankrupt
- If you become insolvent If you fall behind with your repayments we may pass information about the amount you owe to a credit reference agency.
Credit reference agencies record this information and companies may use it to assess any future loan/credit applications you might make. This may affect your ability to get credit.
Missing or underpayment
The consequences of not making your agreed payments are that the account will be in default and
- we may register your details with credit reference agencies
- you may find it difficult to obtain credit in the future
- Legal proceedings may be taken against you
If you are having any difficulties in making payments under your Agreement please contact us immideately.
Change of Address or details
You must notify us in writing by email within 7 days of any change in your address or any details relevant to the facility
Complaints
If you wish to make a complaint please email the CWT Complaints Department at (see contact details below)
Governing law and jurisdiction
These Terms and Conditions are in addition to our standard terms and conditions and shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CONTACT DETAILS
CWT Partners Ltd. (company no: 08896203)
58a High Street, Hampton Hill, TW12 1PD, England.
Registered in England No – 08896203
Vat No: GB 182 3955 84
Tel: +44 75 4993 6853
Email: support @cwt-vulcan.co.uk
Terms and Conditions –
Subscription Plans
Parties
The Agreement shall be between CWT Partners Ltd, (Registered and Correspondence Address: 58a High Street, Hampton Hill, London, TW12) and the Customer named on the recurring transaction authority. These terms are in addition to our standard terms & conditions available at: www.cwt-vulcan.co.uk
Definitions
The words below have the following meaning in this Agreement
- “Act” is the Consumer Credit Act 1974
- “Amount of credit” is the amount of invoice shown on the recurring transaction authority or balance due.
- “you”/”your” means the borrow.
- “we”/”us”/”our” means CWT Partners Ltd, its successors and assigns
- “Interest Rate”, where applicable will be charged at 6% above the current Bank of England Base Rate.
These terms and conditions govern your agreement with CWT Partners Ltd for a CWT Partners subscription plan (the “Plan”). By choosing to purchase the Plan you accept these supplementary terms and conditions, for the subscription term based on the selected Vulcan system (the “Term”). These supplementary terms apply in addition to the General Terms & Conditions of Sale, which can be accessed at www.cwt-vulcan.co.uk
1. How Much is it?
1.1 Your Plan has a fixed cost which will be charged to you through a Monthly Fee. The Monthly Fee is a fixed fee which varies depending on the subscription plan you select.
1.2 The first Monthly Fee will be payable at the time you sign up to the Plan. The Monthly Fee may be paid by Direct Debit or by debit/credit card. The subsequent Monthly Fees will be payable every month on the same day of the month as when your Plan was activated if you pay your Monthly Fee with a debit/credit card, or on the same day of the month (+ 7 days) if you chose Direct Debit.
1.3 Where applicable will be charged at a rate of 6% above the current Bank of England base rate.
2. Security Checks
To ensure that your credit, debit or charge card is not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. We also reserve the right to perform a credit check. By accepting these supplementary terms and conditions you consent to such checks being made. In performing these checks personal data provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
3. What’s Included in the Plan?
3.1 In order to purchase a Plan, you must register with CWT Partners Ltd. When you purchase a Plan, you agree to pay the Monthly Fee each month for the “Term”.
3.2 Provided you pass our security and credit checks and if you purchased Vulcan system that goes with your Plan, the goods will be dispatched or handed to you upon receipt of your first Monthly Fee in cleared funds (see section 7 of the General Conditions of Sale).
4. Cooling Off Period
4.1 You have the right to change your mind and cancel your Plan, without giving any reason, within 14 days of the day your Plan (or that of a person nominated by you) being activated (the “Cooling Off Period”).
4.2 If you purchased a Vulcan system with your Plan, you also have the right to change your mind and return your unused unit without giving any reason, within 14 days of the day your subscription (or that of a person nominated by you) being activated.
4.3 To exercise this right, you must inform us of your decision by a clear statement during the Cooling Off Period. You can contact our Customer Relationship Centre on 075 4993 6853, or email support@cwt-vulcan.co.uk
4.4 If you cancel your Plan during the Cooling Off Period, we will repay to you all payments received from you, excluding delivery, administration and re-stocking charges.
4.5 We will repay you using the same method of payment as you used to pay us. You will not incur any fees as a result of the repayment.
4.6 You must send back or hand over to us the Vulcan system and any accessories that you have received, un-opened and un-used, or that were in transit at the time you notified us that you were exercising your right to cancel. We will make the repayment without undue delay, and in any event no later than 14 days after we have received the Vulcan system and any accessories back from you, or, if earlier, 14 days after you provide evidence that you have returned them. We may withhold repayment until we have received the unused Vulcan system and any accessories back from you.
Terms and Conditions (contd.)
5. How Long Does the Subscription Last?
The Vulcan subscription plan will go on for the “Term” period or as long as you continue to make your monthly payments. It can be terminated by sending an email at the end of the set Term period, confirmation to support@cwt-vulcan.co.uk at any time after the initial contracted Term without any penalties for you.
6. Terminating Your Payment Plan
6.1 If you have purchased a unit as part of your Plan and wish to terminate your Plan before the end of the initial Term, you may do so by contacting our Customer Relationship Centre on 075 4993 6853 or by emailing support@cwt-vulcan.co.uk.
6.2 All outstanding amounts including any fees, interest and charges must be paid in full upon Termination.
6.3 This does not affect your statutory right to cancel your Plan or return your unused Vulcan system within 14 days of the Plans activation.
6.4 All payments due to the end of the Term must be paid in full upon early termination.
7. Failed Payments
If you fail to pay the Monthly Fee when due, CWT Partners Ltd automated system will re-attempt again until successful for three consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months. CWT Partners Ltd. will freeze your account after two failed monthly payments until such payment is made. If payment is still outstanding 60 days after the Monthly Fee was due, CWT Partners Ltd may treat this as your giving notice of termination.
7.1 You will have to pay the appropriate Termination Fee and all outstanding sums due up to the Term end date immediately, as set out above if the termination takes effect before the end of the Term.
8. After the Term
After the termination of your subscription with full payment, If you purchased a Vulcan system with your Plan, it will be yours to keep. You may however, continue to pay a 50% reduced Plan monthly fee to extend cover of service, support & warranty with CWT
10. Who Can Subscribe?
Customers must be at least 18 years old and reside in the UK. You must be a registered company. CWT retain the right to refuse any Plan at their discretion.
11. Terms of use
CWT Partners Ltd reserves the right to change the subscription terms and condition from time to time and at our sole discretion. Should that be the case, we will provide adequate notification to subscribers affected by any such change.
12. Governing law and jurisdiction
These Terms and Conditions are in addition to our standard terms and conditions and shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CONTACT DETAILS
CWT Partners Ltd. (company no: 08896203)
58a High Street, Hampton Hill, TW12 1PD, England.
Vat No: GB 182 3955 84
Tel: +44 75 4993 6853
Email: support @cwt-vulcan.co.uk
Terms and Conditions –
RESIDENTIAL PRODUCT 60 Day Money Back Offer
(in addition to our Standard Terms & Conditions)
PARTIES
The Agreement shall be between CWT Partners Ltd, (Registered and Correspondence Address: 58a High Street, Hampton Hill, London, TW12 1PD) and the Buyer. These terms are in addition to our standard terms & conditions available at: www.cwt-vulcan.co.uk
DEFINITIONS
“Buyer” means the individual or organisation or Customer requesting the Money Back Offer, buys or agrees to buy the Goods from the Seller.
“Contract” means the contract between the Seller and the Buyer for the Vulcan Systems, sale and purchase of Goods incorporating these Terms and Conditions.
“Seller” means CWT and/or CWT Partners Ltd. see contact details.
“Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
“Goods” means any items the Seller offers to Trial / Sell through CWT Partners Ltd. Vulcan Systems and the articles that the Buyer agrees to Trial/Buy from the Seller
“Trial” or “Money Back Offer” means the goods supplied by the Seller for the Trial period
“Trial Period” shall mean the Trial of Goods supplied by the Seller to the Buyer for the Money Back Period.
“Offer End Date” shall mean the final date of the Money Back Offer or Expiry date
“Terminate” shall mean that the Money Back Offer may be terminated by the Buyer or the Seller at any time before the Offer End Date.
These terms and conditions govern your agreement with CWT Partners Ltd for a CWT Partners subscription plan (the “Plan”). By choosing to purchase the Plan you accept these supplementary terms and conditions, for the subscription term based on the selected Vulcan system (the “Term”). These supplementary terms apply in addition to the General Terms & Conditions of Sale, which can be accessed at www.cwt-vulcan.co.uk
CONDITIONS
1.1. Trials are available only from the Seller and the Seller reserves the right to refuse any trial application at their discretion.
1.2. Only one trial is available per household/delivery address to any person aged over 18 years.
1.3. This trial cannot form part of any other offer or promotion.
1.4. It is the Buyers responsibility to examine the product on delivery and report any damage within 24 hours to the Seller. No claims will be entertained after this period.
1.6. By submitting your request for a Money Back Offerl and in consideration for our acceptance of the order, you are agreeing that if you (a) retain the Goods, or; (b) do not return the Vulcan units within 7 calendar days of the Trial End Date then you will have deemed to have placed an Order to buy the Vulcan Unit.
PRODUCT TRIAL (Terms & Conditions contd.)
TERMINATION
2.1. Upon Termination of this agreement –
- The Buyer may retain the Vulcan System and the balance due (if any) must be paid immediately or by monthly payments as agreed with the Buyer and stipulated on the invoice.
- The Seller or the Buyer may Terminate this agreement at any time prior to the Trial End Date and return the Vulcan System to the Seller. It is the Buyers responsibility to return the unit within 7 working days of the Termination date. Failure to do so will imply that the Buyer has accepted to Purchase the Goods.
- The Buyer may Terminate this agreement at any time during the Trial Period by notifying the Seller by email. The Seller will refund the full purchase price less 7.5% + VAT to cover our postage, packaging, administration, handling and consumables cost.
- the Buyer may Terminate this agreement without opening and using the Vulcan System and returns the Vulcan System back to the Seller in the original packaging, the Buyer will refund the full purchase price less 2.5% to cover our postage, packaging, administration and handling costs.
- The Seller reserves the right to Terminate this agreement at any time during the Offer Period and refund the Buyer in full.
2.2. Upon Termination, the Seller reserves the right to charge the Buyer the full price for any units supplied and not returned within 14 days from the Offer End Date.
2.3. The Seller reserves the right and the Buyer gives the right for the Seller to retain the Buyers Credit/Debit card details and charge for any damages, incomplete units returned or for completing the sale process.
2.4. Should the Buyer retain the Vulcan unit beyond the Money Back Offer End date without notifying the Seller of the Buyers intent to return or purchase the Vulcan System, this is deemed an acceptance of the purchase of the Vulcan System.
2.5. All goods remain the property of the Seller unless paid in full. The Buyer is liable for any insurance, legal & administration costs to recover the Vulcan units.
RETURNS OF TRIAL UNITS
1.13. It is the customers responsibility to pay for and return the goods within the given time with adequate insurance cover, we do not refund postage charges.
1.14. All returned goods must be in the original packaging and un-damaged. Any damages or missing components will be charged to the Buyer
Change of Address or details
You must notify us in writing by email within 7 days of any change in your address or any details relevant to the credit facility
Complaints
If you wish to make a complaint please email the CWT Complaints Department at support @cwt-vulcan.co.uk
Governing law and jurisdiction
These Terms and Conditions are in addition to our standard terms and conditions and shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CONTACT DETAILS
CWT Partners Ltd. (company no: 08896203)
58a High Street, Hampton Hill, TW12 1PD, England.
Vat No: GB 182 3955 84
Tel: +44 75 4993 6853
Email: support @cwt-vulcan.co.uk
Terms and Conditions – (countinued.)
COMMERCIAL PRODUCT TRIAL (Terms & Conditions)
PARTIES
The Agreement shall be between CWT Partners Ltd, (Registered and Correspondence Address: 58a High Street, Hampton Hill, London, TW12) and the Customer. These terms are in addition to our standard terms & conditions available at: www.cwt-vulcan.co.uk
DEFINITIONS
1.1. “Buyer” means the individual or organisation or Customer who Trials, buys or agrees to buy the Goods from the Seller.
1.2. “Contract” means the contract between the Seller and the Buyer for the Trial, sale and purchase of Goods incorporating these Terms and Conditions.
1.3. “Seller” means CWT and/or CWT Partners Ltd. see contact details.
1.4. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.5. “Goods” means any items the Seller offers to Trial / Sell through CWT Partners Ltd. and the articles that the Buyer agrees to Trial/Buy from the Seller
1.6. “Trial” means the Trial of goods supplied by the Seller
1.7. “Trial Period” shall mean the Trial of Goods supplies by the Seller to the Buyer for a period of 180 days
1.8. “Trial End Date” shall mean the final date of the Trial or Expiry date
1.9. “Terminate” shall mean the Trial may be terminated by the Buyer or the Seller at any time before the Trial End Date.
CONDITIONS
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5. All Goods remain the property of CWT Partners Ltd unless paid in full.
2.6. The Seller has the right at their discretion to withdraw toe Commercial Trial at any time without notice.
ORDERING
3.1. All orders for Goods subject to the Trial shall be deemed to be an offer by the Buyer to purchase Goods at the end of the Trial date (unless the Trial is Terminated by the Buyer any time before the Trial End Date) pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3. When making an order through the Website, the Buyer is required to complete the order process.
3.4. Orders placed, that require manufacturing/preparation/project orders are non-refundable and must be paid in full, unless previously agreed in writing by CWT.
PRICE AND PAYMENT
4.1. The Price of the Goods shall be that stipulated by the Seller. The Price excludes delivery charges, post and packaging and VAT; these are shown on the order form prior to the payment process.
4.2. The total purchase price, including VAT and delivery charges, if any, will be quoted to the Buyer prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.5. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of the statutory 8% above the Bank of England base rate. Overdue accounts will incur our minimum administration charge of £95 +VAT per month per notification.
4.6. The Seller or the Sellers Authorised Agents are entitled to charge for installation, commissioning, de-commissioning & removal plus any travel and labour costs.
4.7. The Sellers Labour costs are calculated by half day and full day rates plus Travel costs and milage. The same applies for any survey visits.
4.8. The Seller will notify the Buyer of all costs & charges relating to the Trial either on the Quotations, Sales Orders, Job Sheets or Project documents; or, the Sellers agent will provide the Buyer with all costs & charges relating to the installation and commissioning and/or the removal and de-commissioning of the Goods.
4.9. If the Vulcan units are retained by the Seller beyond the 6 month Trial End date; this would constitute acceptance of the Purchase of the Goods by the Buyer, and the Seller will be entitled to invoice the Buyer for immediate payment.
4.9.1. It is the Buyers responsibility to inform the Seller prior the end of the 6 month ‘Expiry Date’ if the Trial is Terminated. The Goods will be de-commissioned and removed by the Buyers authorised engineers or the Buyers Authorised Agents.
RIGHTS OF SELLER
5.1. The Seller reserves the right to adjust the price and specification of any item on at its discretion or to withdraw any goods from sale at any time.
5.2. The Seller shall not be liable to anyone for withdrawing any Goods or refusing to process an order.
WARRANTY
6.1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
6.2. The Goods (Vulcan Systems) have a 25 year manufacturers international warranty against manufacturing defects.
DELIVERY
7.1. After receiving and approval of the Commercial Trial, the Goods supplied within the UK will normally be available for the Trial installation within 7 working days within the UK. Under exceptional circumstances the delivery will be approximately 14 days.
7.2. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4. Delivery of the Goods shall be made to the Buyer’s address specified in the order sheet and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or post within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods for the Trial Period.
8.1. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs); and any return postal charges if the Goods are in fact defective. Goods deemed to have been damaged whilst in the possession of the Customer will invalidate the warranty and the Goods will be returned back to the Customer and invoiced in full. Under these circumstances postage charges will not be refunded.
8.2. The Buyer may inform the Seller if they wish to retain and Purchase the Goods on Trial from the Seller. The Seller will then Invoice the Buyer for the Goods for immediate payment. The Trial Contract is then considered Terminated upon full payment.
8.3. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund (if any payment was made thereof) of all monies paid for the Goods only. (excluding delivery charges, return postal charges, consumables (copper bands), installation, commissioning, testing, de-commissioning, labour and administration charges).
8.4. If the Buyer fails to return the Goods within 14 days following cancellation or Termination of the Trial Period or the Trial End Date, the Buyer shall be deemed to have accepted the Goods and a full payment of the Goods will be required.
8.5. Goods to be returned must clearly show the order/invoice number/returns note obtained from the Seller on the package.
8.6. Where returned Goods are found to be opened, used and/or damaged by the Buyer; the Buyer will be liable for the cost of remedying such damage and we reserve the right to refuse any refunds and we reserve the right to charge the Buyer the full cost of the Goods.
8.7. All goods used during the Trial Period and returned to the Seller must be unmarked, undamaged and intact and with all the components (Unit, Power Supply, Copper Impulse Bands and Packaging).
8.8. Goods used during any Trial period and returned, are subject to de-commissioning & removal plus any travel and labour costs and a Service Invoice will be raised separately by the Seller or the Sellers Agent.
8.9. It is the Buyers responsibility to protect and care for the Goods and have adequate insurance cover for the full value of the Goods whilst on Trial with the Buyer.
8.9.1. The Seller will charge for consumables used during the Trial Period, these include the copper impulse bands if the Trial Units are returned to CWT
8.9.2. The Seller will charge for postage, travel and time if the Trial Units are returned to CWT
LIMITATION OF LIABILITY
9.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatever.
9.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
9.3. Customers purchase from CWT Partners Ltd and Goods are installed by the Seller or the Sellers Authorised Agents as per the installation instructions. The products may give varying results of success; therefore “No Guarantee” or “Warranty” is given, expressed or implied by the Seller, the Sellers Agents or information contained within our websites.
9.4. We cannot be held liable or legally responsible for any problematic bodily reactions, side effects or symptoms etc. experienced as a result of using products we sell.
9.5. The Buyer must exercise due diligence and care during the installation process and the Trial period.
9.6. It is the Buyers responsibility to determine the suitability for the application of the products supplied by the Seller. The Buyer indemnifies the Seller against any claims, losses or damages “caused” or “perceived” to be caused by the use of said products. CWT Partners Ltd, its officers or the Seller or Sellers Agents shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatever.
WAIVER
10.1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
DISCLAIMER
11.1. Any communication written, spoken or implied by the “Seller”; the “Sellers Staff” or the “Sellers Agents” in relation to the products is given on an “as is” basis.
Any information found within this website or our literature is for information purposes only, and it is advisable that the “Buyer” make their own enquiries and judgments prior to purchasing any products.
11.2. Statements made by CWT Partners Ltd, (media, staff agents or representatives) are offered as information only.
11.3. WE MAKE AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR BROCHURES, ITS CONTENT, ITS SERVICES OR PRODUCTS, OUR SERVICES OR PRODUCTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY US IN CONNECTION WITH THE USE OF THE SITE OR BROCHURES, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED.
FORCE MAJEURE
12.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
13.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
15.1. The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
15.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CONTACT DETAILS
CWT Partners Ltd.
58a High Street, Hampton Hill, TW12 1PD, England.
Registered in England No – 08896203
Vat No: GB 182 3955 84