General Trade Terms & Conditions
Easa is a trading name and registered trademark of Easability Showers Ltd. The ‘Company’ means Easa. The ‘Customer’ means any individual, firm, body, corporate or unincorporated association, partnership, government, state or agency of a state or joint venture purchasing the Goods and/or Services. ‘Goods and/or Services’ means any goods and/or services to be supplied by the Company to the Customer. The ‘Contract’ means the contract between the Company and the Customer for selling and purchasing of Goods and/or Services provided by the Company.
Prices are exclusive of special packaging and labelling, insurance, transportation, customs fees, and any other costs (if applicable) which shall be paid by the Customer. The Company reserves the right to alter prices or Quotations without notice, and will not result in any obligation to the Customer. Prices given by the Company are not intended at any time to form a binding. Goods offered are subject to availability and do not constitute an undertaking to supply.
The Company offers a Lifetime Warranty against manufacturing defects provided the products have been used in the manner they have been intended. It does not apply to any products that have been misused are abused in anyway. The warranty covers products installed for domestic use by the consumer. Products must be installed and cared for in line with instructions. This warranty period excludes: All Accessories which have 2-year warranty and Pumps as per manufacturer’s standard warranty; the Company reserves the right to deny all service requests submitted after this period. In the unlikely event that as a result of a manufacturing defect the product fails within the guarantee period, we offer a free replacement part/s (or nearest equivalent). The Company does not take responsibility for consequential loss in the case of a warranty claim and liability is limited to individual products.
(1) The Company’s liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract.
(2) Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.
All Goods supplied shall be at the Customer’s sole risk from the time of delivery, whatever the conditions of sale. Where transport and delivery are arranged by the Company, the charges for these shall be paid by the Customer at the rate in force. The Customer shall be responsible for providing safe, proper, prompt and unhindered access to site at all reasonable times for unloading and shall be liable for any loss, damage or cost of delay caused by lack thereof. Any dates or times given by the Company to the Customer for delivery of Goods, including supplementaries or extensions to orders, are estimates only. While the Company will always endeavour to meet dates and times given or specified by either party, no such dates or times shall be binding on the Company or form part of the Contract. The Company shall be under no liability for not supplying Goods ordered if supplies of such Goods are not available to the Company and will not be liable for any costs that might be incurred through non-availability.
All Goods and/or Services supplied by the Company to a New Customer will be payable before dispatch. For subsequent orders, the Customer may complete a credit application form subject to the Company reserving the right to grant or refuse credit terms. VAT, if applicable, as shown on each invoice is payable in full. The Company reserves the right to charge interest at the rate of 2.5% over The Bank of England base rate on all overdue accounts.
Goods and/or Services may be supplied on credit account terms if an agreement covering such supplies has been offered by the Company and accepted by the Customer. All Goods and/or Services supplied by the Company to a credit account will be payable to the Company in accordance with the conditions of sale as they have been agreed with the Customer. The Company reserves the right to withdraw credit facilities at any time including when the Customer’s credit deteriorates. Should the Customer fail to pay the whole amount of any sum due under the contract by the due date, the full balance outstanding on any account between the Company and the Customer shall then become payable forthwith and the Company shall further be entitled to cancel the contract and/or suspend supplies of Goods and/or Services under any contract between the Company and the Customer.
The Company reserves ownership of the Goods until the full price has been paid. Acceptance of delivery legally implies automatic application of this clause. Until invoice has been paid, the Customer will store the goods or keep the proceeds from resale on a fiduciary basis in favour of the Company. The Customer shall accept the risk in the Goods on delivery and shall appropriately insure them. The Customer shall not be entitled to subcontract or assign any part of the Contract to another any individual, firm, body, corporate or unincorporated association, partnership, government, state or agency of a state or joint venture.
Damaged / Incorrect Goods
If any Goods supplied by the Company are alleged to have been supplied in a damaged or defective condition, notice in writing of the alleged damage, defect or discrepancy must be given to the Company within 7 days after receipt of such Goods. If such notice is not given within the said time the Company shall not be bound to replace or repair the said Goods or to grant any credit or allowance in respect thereof. The Customer is responsible for marking the appropriate box on the transport delivery note within 48 hours of receipt.
The Company shall not be obliged to accept normal stock Goods returned for credit, but may at its absolute discretion do so. All such Goods returned for credit must be accompanied by evidence of original purchase from the Company and the Company shall be entitled to impose the transportation cost as well as a handling and/or damage charge in respect of any Goods accepted for return. Goods which are non-stock items and goods which have been specially ordered will not be accepted by way of return for credit. Any Goods which are returned for credit shall not be regarded as having been accepted by the Company until the Company has issued a formal credit note through the channels laid down for such transactions in the Company in writing in respect thereof.
In the event of a dispute, the courts in Northern Ireland or courts at the Customer’s residence only, whichever the Company chooses, are competent; regardless of sales conditions and accepted payments.
The Company is not liable for failure to perform its obligations if such failure is a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, civil disturbance, military or usurped power or confiscation, terrorist activities, nationalisation, government action, blockage, embargo, labour dispute, strike, lockout, interruption, failure of electricity, telephone service or any other cause beyond the Company’s control, the Company may decide to cancel the Company’s outstanding obligations or delay the despatch time.
The Company is only willing to contract under these terms and conditions and any printed or standard conditions which appear or are referred to on any document emanating from the Customer or any Variations from the Company’s standard terms and conditions are to have no legal effect unless agreed in writing by a director of the Company. These conditions may not be varied or altered in any way without the express consent in writing of the company. No condition of purchase imposed by the Customer shall have any effect in relation to a sale by the Company unless the Company expressly, in writing, agrees otherwise.