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Deliveries
Stock is available on a 5-6 day delivery anywhere within mainland UK (Wales, England and Scotland) and 10-14 days to Ireland. (Delivery for orders of Hot Tubs will be free of charge within UK mainland). On orders for accessories and chemicals a minimal charge will be passed on from the carrier at cost. Urgent overnight services will be at extra cost. Time of deliveries will be anytime between 9.00am and 5.00pm on the day agreed between seller and buyer. Delivery promises are based on the assumption that there is an unobstructed good hard road giving adequate access by lorry to the delivery address, available storage space and suitable and sufficient labour to unload the goods. Hot tubs will be delivered to a driveway only. The delivery driver will not install the Hot tub. (Installation can be arranged upon request and is charged as quoted at the time). We will not be liable for delivery delays caused by contracted hauliers.
Prices
All prices and offers are correct at the time of going to print, but are subject to change and availability. VAT will be charged on all prices (including carriage) at the rate of 17.5%. VAT is included in the sale price to retail customers but excluded in the price given to wholesalers and trade customers.
Restriction of Liability
IMA Europe Ltd (hereafter “The Company”) shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply of goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply of failure of supply of goods or services by The Company (other than liability for death or personal injury resulting from the negligence of The Company) and whether arising from breach of contract, negligence or of any other liability howsoever arising, whether by statute or otherwise.
In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of the claim or claims.
No liability for such direct losses shall attach to The Company unless details of such losses are notified to The Company in writing within 7 days of the date of delivery of the goods, or the date of the event-giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged non-delivery, shortages or breakages, claims must be notified to The Company within 3 days of despatch of the goods by The Company.
For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.
Payment Terms
For new accounts, we will require cleared funds in our account prior to despatch of goods. For established accounts, payment is required 7 days after invoicing. Failure to comply with payment terms will result in future orders returning to new account conditions i.e. cleared funds prior to despatch. There will also be interest added at a rate of 2% per calendar month or part there of.
Non-refundable Deposit
Once an order is taken and confirmed there will be a £250 non-refundable deposit payable. If the order is for a non-standard stock colour a £500 non-refundable deposit is payable.
Damaged or defective goods
We will supply you with goods that are free from defects in materials and workmanship for a period of 12 months (or longer if required by law) from the date of delivery. Please inspect your goods immediately upon delivery and advise us as soon as possible of any discrepancies, defects or damages. Check that the boards are flawless before laying them. Should you discover a product with a manufacturing defect, do not lay it. It may be usable later on. Do not install the hot tub unless you are completely satisfied, as we will not accept any claims for damaged items once the hot tub has been installed. Where the buyer has used or installed the goods such use or installation shall be taken as conclusive evidence that the buyer has accepted the goods notwithstanding that there is a defect in the quality or condition of the goods or that they may fail to correspond with their specification and the buyer in those circumstances waives the right to make any claim against the company. You must accept full responsibility for the suitability of the goods ordered for the purpose to which they are put. If goods are delivered faulty or incorrect, you must advise us as soon as possible in writing, either by post or email, within 3 days from the date of delivery. Do not open packs unnecessarily, as once opened we cannot put them back into stock. If the goods are found to be damaged, or defective prior to delivery to you, we will at our option replace the goods or refund the price paid by you. We will then arrange for collection and a full refund on receipt of goods at our warehouse or at the latest within 30 days of agreeing to give the refund. The company shall have the right to examine any goods, which are the subject of any claim or complaint after the delivery thereof and the Company shall be under no further liability to the buyer in respect of the short delivery, defective goods, failure to comply with description or lack of quality, delay in delivery or in respect of any other complaint relating to the goods.
Applicable Law
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England
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