Terms & Conditions of Sale

1. Definitions

• The "Buyer" means the company or person who buys or agrees to buy Goods from the Seller.
• The "Seller" means KPM Moisture Meters Limited A company trading in the United Kingdom and operating under English Law.
• "Conditions" means the Conditions of Sales set out in this document and any Special Conditions agreed in writing by the Seller.
• “Working Days” means all days other than Saturdays, Sundays and Public Holidays

2. Conditions

• These conditions shall apply to all Contracts and Orders for the sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
• No variation or addition to these Conditions shall be effective unless agreed in writing by the Seller.
• Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
• Nothing in these Conditions shall affect the statutory rights of any consumer more than the law permits.
• The Seller may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site (see date above). You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with these terms and conditions.
• All transactions handled through this site will be regarded as a Business-to-Business transaction (unless the Buyer notifies the Seller otherwise).

3. Prices

• The Price shall be that on the Seller's current Price List, or if applicable the price contained in the Seller's Quotation. All prices are an invitation to treat not an offer to sale.
• The Seller reserves the right to revise prices prior to despatch of Goods to reflect any direct or indirect increase in costs to the Seller. If the price has been paid in full prior to despatch the Seller will notify the Buyer of any price revision which may be incured.
• All prices are exclusive of VAT, which shall be paid in addition if applicable according to legal requirements.
• Payment must be made in full before the delivery of any Goods except where the Buyer has an agreed credit account.
• If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
• The Seller will try to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If the Seller discovers an error in the price or description of a product which the Buyer has ordered, the Seller will notify the Buyer and will ask whether the order is to continue at the corrected price.
• Payment can be made by Mastercard, Visa, Delta, Maestro. Payment is deducted by HSBC when the order is processed.

4. Delivery

• Whilst every reasonable effort shall be made to keep to any delivery date, 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 other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
• All orders placed before 3.30pm with cleared funds will be dispatched within a 10 working day delivery. Orders will only be dispatched if we have verified and confirmed point of delivery via a telephone call.
• Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• All deliveries must be signed for, expect small value items which are sent by post.
• The Buyer will ensure to keep all receipts which accompany the order.

5. Missing, Damaged or Incorrect Orders

• The Seller will try to ensure that every item despatch will be received in pristine condition. On occasions damage may occur in transit, therefore before signing for the goods the Buyer must check all items to ensure correct delivery and condition.
• If the Buyer does not receive all products, or receives an incorrect or damaged order, the Buyer must be notify the Seller the same day in order to correct the order. The Seller can not be held responsible for any delay caused by the Buyer not notifying the Seller.
• Where damage has occurred, the Seller will arrange replacement stock and collection of damaged goods.

6. Change of Mind Cancellations

• The Buyer can cancel an order at any time either before or up to 7 working days starting the day after delivery:
  by e-mail – info@aqua-boy.co.uk
  by writing addressed to: KPM Moisture Meters Limited, Chapel Allerton House, 114 Harrogate Road, Chapel Allerton, Leeds, LS7 4NY, United Kingdom
• All goods returned must be complete and in 'new' condition e.g. if packaging is opened to examine the product the Buyer must have done so without damaging or marking the product or packaging. It must not have been used or installed. It should be returned with the original box, packing and accessories as received.
• If goods are to be returned, the Buyer should arrange at their expense a delivery service (Special delivery or an alternative courier service like City-Link, TNT) which includes insurance to cover for the full amount of the goods / transaction. If the goods are not returned, lost, missing or are damaged, the Buyer should claim under their delivery insurance agreement.
• Where the transaction has been taken by a credit or debit card, a refund charge of 3% may be incurred. This is for the cost incurred by the credit card provider for refunding the transaction.
• Any 'Free Gifts', ‘Free offers’ and ‘Gift Vouchers’ received with the product must also be returned.
• The Seller cannot cancel the purchase when:
  • there is a contract for services with the product and you have started using the services
  • the goods were a special order to your specification, or
  • if the goods have been damaged or tampered with in any way.

7. Returns

• No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned after 7 working days without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
• Unless the Seller at its discretion decides otherwise to accept the return of any such Goods then:
  • the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault.
  • the Seller reserves the right to charge a restocking fee for items that have been specially ordered or modified.
• If goods are to be returned, the Buyer should arrange at their expense a delivery service (Special delivery or an alternative courier service like City-Link, TNT) which includes insurance to cover for the full amount of the goods / transaction. If the goods are not returned, lost, missing or are damaged, the Buyer should claim under their delivery insurance agreement.
• Where the transaction has been taken by a credit or debit card, a refund charge of 3% may be incurred. This is for the cost incurred by the credit card provider for refunding the transaction.
• Any 'Free Gifts', ‘Free offers’ and ‘Gift Vouchers’ received with the product must also be returned.

8. Ownership and Risk

• The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
• The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
• If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all Seller's costs in doing so.
• If the Buyer is a consumer and properly rejects any of the Goods which are not in accordance with the Contract, the Buyer shall nonetheless pay the full price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's costs return such goods to the Seller in good condition.
• In the case of any other sale the Buyer shall inspect the goods immediately upon delivery and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with the Contract.
• Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing and the Buyer's risk and either, a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods or b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

9. Warranty and Liability

• The Buyer must satisfy themselves as to the suitability of the products for their intended use.
• All warranties will be conducted to the specified manufacturers warranty processes.
• The Seller will accept no liability for any loss or damage however caused, resulting from the use of the products, whether for injury, profit or data loss.

10. Faulty Goods

• The following are guidelines. Wherever possible we will respond to your individual circumstances.
• If there is a fault with your product within 12 months of delivery (or other defect with your order), we will normally offer a prompt repair or exchange service. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.
• To qualify for a refund or exchange the product must be:
  • in otherwise "as new" condition; and complete with any accessories and free gifts offered with it and, if possible, the original box and packaging.
• If a fault occurs contact KPM Moisture Meters Limited on 0113 2685054 and we will endeavour to help or rectify any problems. A majority of support calls concern the miss use of equipment, errors when setting-up the equipment and training issues. If a fault occurs while you are abroad, please contact upon your return to the UK.
• This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
• Replacement goods are sent by standard delivery only.

11. Force Majeure

The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods for any reason or cause beyond the Seller's control.

12. No Waiver

The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

13. Liability

Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these 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 indirect, incidental or consequential damages.These Conditions shall be construed in accordance with English Law.