Aquavis Terms of Supply    

This Website is operated by, 73 Pondcroft Rd, Knebworth SG3 6DE ("Aquavis").
Your use of the Aquavis website ("Website") is subject to these Terms of Supply ("Terms"). By submitting any order to Aquavis, you are deemed to accept these Terms. Please scroll through this screen, read the Terms and print a copy for future reference.
If you have any suggestions or comments please email us at WebMaster or write to us at the above address.
1. Orders
1.1 Aquavis makes no offer to supply any goods and/ or services ("Goods") through the Website.
1.2 Any order for Goods made through the Website by you is subject to acceptance by Aquavis and Aquavis may conclude a legally binding contract with you for the supply of ordered Goods by accepting your order in accordance with clause 1.3.
1.3 Aquavis may accept your order by (the earlier of) either:
1.3.1 supplying written acceptance of your order (acceptance is effective once sent), or
1.3.2 delivering ordered Goods (acceptance is effective when Goods reach your delivery address).
2. Prices and Payment
2.1 The prices of Goods shown on the Website are expressed in pounds sterling (£ GBP).
2.2 Prices shown on the Website are shown for information purposes only and do not constitute an offer to sell Goods to you at that price.
2.3 Aquavis reserves the right to change the price of Goods shown on the Website before acceptance of your offer to buy Goods and at any time with regard to changes in tax or regulatory requirements. Aquavis will notify you of any changes to the price of Goods shown on the Website which occur after you have placed an order and you will have the right to proceed with or cancel your order.
2.4 You must make payment for Goods in full by credit or debit card (or otherwise as shown on the Website from time to time) upon placement of your order. Aquavis reserves the right to charge interest on any late payment in accordance with The Late Payment of Commercial Debts Regulations 2002. Time of payment by you shall be of the essence of these Terms.
2.5 You are responsible for all applicable taxes and delivery charges.
3. Specifications/ Measurements
3.1 All specifications and measurements shown on the Website (including descriptions, drawings, photographs and diagrams of Goods) are given for general information purposes only.
3.2 Aquavis shall not be responsible for the accuracy or otherwise of such specifications and measurements and provides no guarantees in respect of such accuracy.
4. Delivery

4.1 Subject to acceptance of your order, Aquavis will deliver Goods to the delivery address notified at the time your order is placed.
4.2 You are liable for any delivery costs incurred by Aquavis and any other applicable duties taxes and charges.
4.3 Aquavis usually manufactures Goods within 14 days of the placement of your order and will use reasonable endeavours to deliver Goods to your premises by any estimated delivery date confirmed in writing. If no delivery date is confirmed in writing Aquavis will use reasonable endeavours to deliver within a reasonable time after acceptance of your order.
4.4 You acknowledge that time for delivery is not guaranteed and that Aquavis shall in no circumstances be liable to you for any losses, damages or charges incurred by you due to the late delivery of Goods.
4.5 Aquavis's delivery agent may require a signature upon delivery of the Goods. If a signatory is not available to sign for Goods then a further attempt to deliver Goods will be made at a later date and you will be responsible for any additional costs incurred.
5. Risk and Title
5.1 Risk of damage to or loss to Goods passes to you at the moment Goods are delivered to your premises.
5.2 Notwithstanding the passing of risk in Goods, the title to Goods shall not pass to you until Aquavis has received in cash or cleared funds payment in full of all sums due for that and any prior order. Until title to Goods passes to you Aquavis may without notice require you to deliver up Goods to LeatherUp and, if you fail to do so, forthwith repossess Goods.
6. Export or Import Licences
6.1 You are responsible for obtaining all licences for the export or import of Goods and for obtaining any other licences required for the delivery or sale of Goods in the country of destination.
7. Warranty
7.1 If Aquavis supplies a visor that is faulty ordered by you then you can return the visor to the below address for a full refund or a replacement.
7.2 To the extent permitted by the applicable law, Aquavis disclaims all warranties with respect to Goods, either express or implied, including but not limited to any implied warranties of satisfactory quality or fitness for any particular purpose.
8. Returns
8.1 If you are returning Goods to Aquavis pursuant to clause 7.1 above, you must return Goods undamaged.
9. Limitation
9.1 Aquavis does not limit liability to you for death or personal injury caused by its negligence or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
9.2 The aggregate liability of Aquavis in respect of breaches of this Agreement or of any other duty to you or for negligence in connection with the subject matter of these Terms (whether arising before, during or after the date of acceptance of your order) shall be limited to the price paid by you for Goods provided that in no event shall Aquavis be liable to you for any of the following however and whenever arising:
? Loss of profits, business, revenue, data, goodwill or anticipated savings; and/or
? Indirect or consequential loss or damage.
9.3 You agree that the limitations of liability contained in these Terms satisfy the requirement of reasonableness within the meaning of sub-section 2(2) and Section 11 of the Unfair Contract Terms Act 1977 in the context of the other provisions of this Agreement.
9.4 You expressly agree that should any limitation or provision contained in these Terms be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if AQuavis thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.
10. Force Majeure
10.1 Aquavis will not be liable to you for damage, delay or any other matters of that nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock outs and industrial disputes, fire, explosion, earthquake, acts of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body provided always that Aquavis will use all reasonable endeavours (without an obligation to incur cost) to minimise the period of disruption caused by the Force Majeure.
11. Data Protection
11.1 Aquavis always processes personal data in accordance with applicable data
protection law and its Data Protection Statement.
12. General
12.1 These Terms comprise the entire agreement between you and Aquavis in respect of the sale and supply of Goods.
12.2 You may not transfer any of your rights and obligations under these Terms to a third party. Aquavis has the right to assign or transfer any of its rights and obligations at any time without notice.
12.3 Aquavis reserves the right to vary these Terms from time to time without notice. You will be deemed to have accepted the varied Terms if you continue to use the Website after variation.
12.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party in these Terms.
12.5 You should note that the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") do not apply to this contract as this is a contract for the supply of goods made to your specifications which is exempt under the Regulations. Therefore you have no right of cancellation under the Regulations.
12.6 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.

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