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Smartwater Testing Ltd Terms of Business

Smartwater Testing Ltd Terms of Business

1. Definitions

1.1 "Company" or "We" means Smartwater Testing Limited (Company Number 10409355) having its' registered office at Bridge House, London Road, Marlborough SN8 2AJ including any of its trading names.

1.2 "Customer" or "You" means the person, persons or company entering into a Contract with the Company for provision of its' Products and Services (where applicable). By entering into a Contract with the Company you are confirming that you are legally able to do so. If you are entering into a Contract on behalf of a business or company you are confirming that you have the authority to do so.

1.3 "Services" means all or any of the services provided by the Company.

1.4 "Products" means all or any of the products provided by the Company.

1.5 "Contract" means provision of the Product and/or Service offered by the Company, usually via its' website www.smartwatertesting.co.uk. The Contract is accepted once these Terms of Business are accepted, cleared payment is made and/or demanded, usually via the Company’s website and the Product has been dispatched.

1.6 "Legionella Testing Kit” and “Microbiological Testing Kit” (Kit) means a sterile plastic bottle(s) with printed Testing instructions (Instructions) for its/their use. The Kit also contains a prepaid courier bag or pre-paid postal return bag within which the sterile plastic bottles must be placed in and sealed once the Instructions have been completed in full by the Customer. The Customer is then responsible for contacting the Company to arrange collection of the completed Kit or, in the case of a pre-paid postal return bag, dropping the sealed bag off at a local Post Office. This must be done on the same day as the sample(s) are taken.

1.7 “Laboratory” means an independent UKAS approved Laboratory which can perform the required tests, to United Kingdom Accreditation Service (UKAS) and Health & Safety Executive requirements, to determine whether Legionella or Microbiological bacteria is present in the samples provided by the Customer.

1.8 “Samples” means the water collected by the Customer into the Product provided by the Company, described in 1.6

1.9 “Certificate” means a Certificate provided by the Company to the Customer to confirm that the samples provided by the Customer have been tested by the Laboratory and that they meet the standards required by the HSE or equivalent governing body. The expiry date displayed on the Certificate is based on the testing frequency chosen by the customer at the time of order.


2. Products

2.1 The Products the Company agrees to provide are:

2.1.1 Legionella Testing Kit, as described in 1.6,
2.1.2 Microbiological Testing Kit, as described in 1.6,

2.2 The Company takes all reasonable care in representing and describing its' Products via its' website. However, due to the nature of purchasing Products via the internet and product and manufacturer enhancements, the Customer accepts that there may be variances between what is presented on the website and the actual Products received.

3. Services

3.1 The Services the Company agrees to provide are:

3.1.1 to provide a personalised Product described in 2.1.1 to the Customer;

3.1.2 the Company will provide the Customer with means to transport the completed Product described in 2.1.1 to the Laboratory for it to complete tests upon the Samples provided by the Customer. These means will be determined by the Company based on the type of premise the Customer requires the Product and/or Service for. For the avoidance of doubt the Company will use the following means;

a) a free Courier will be arranged by the Company or
b) a pre-paid postal return will be provided by the Company

3.1.3 the Laboratory will advise the Company of the results of the tests it has conducted on the samples received from the Customer within 14 days from receipt of the samples by the Laboratory.

3.1.4 the Company will advise the Customer of the test results either by way of presentation of the Certificate or contact in a timely fashion via a durable medium should Legionella or Microbiological bacteria be present in the samples provided by the Customer.

4. Price and Payment

4.1 The price for providing its' Products and Services (where applicable) will be clearly displayed, usually via its' website, for consideration. This price will be subject to VAT at the prevailing rate. For the avoidance of doubt the price does not include any other duty and/or import cost and payment of this is the responsibility of the Customer.

4.2 The price for providing its' Products and Services can be changed at any time without notice by the Company. However, once payment for the Product and Services (where applicable) provided by the Company has been received the Company cannot and will not subsequently change the price.

4.3 The Company requires payment for its' Products and Services (where applicable) immediately before agreeing to provide its' Products and Services, unless otherwise agreed by the Company.

4.4 Payment can be made by the Customer through the Company's website (preferred method) or by payment of an invoice provided by the Company.

4.5 No Products and Services (where applicable) will be provided by the Company until it has received cleared payment or expressly agreed payment terms with the Customer.

4.6 If payment terms are expressly agreed by the Company with the Customer and payment is not received within the period agreed, no more than 30 days from the invoice date, we will suspend any further deliveries of its Products and Services and without limiting any of our other rights or remedies for statutory interest, charge interest at the rate of 8% per annum above the base rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
5. Introducer Account
5.1 The Company may provide the Customer with an Introducer Account subject to application and credit search.
5.2 The Customer acknowledges that, upon application for an Introducer Account, the Company will undertake a credit search upon the Customer as part of its application process. The Customer, upon application for an Introducer Account, authorises the Company to undertake a credit search.
5.3 All orders received from Introducer Account Customers will be processed on a payment on account basis. An invoice for all orders received during a calendar month will be raised at the end of the month by the Company and emailed to the Customer for payment within 30 days.
5.4 If payment is not received from the Customer within 30 days of the date of the invoice the Company reserves the right to take action in line 4.6.
6. Customer Obligations

6.1 The Customer is solely responsible for ensuring their environment meets all current legislation and guidelines. The Customer acknowledges that the Company is no way responsible for anything other than providing a Kit to enable the Customer to collect samples from their environment which the Company will, in turn, test in its’ UKAS accredited laboratory. Once the Company has presented the results to the Customer its’ obligation under the Contract is complete.

6.2 The Customer shall order the correct number of sample bottles within the Kit to suit the environment to be tested. The Company provides an Instant Quote ‘Tool’ via its website for both Legionella and Microbiological Testing Kits to help the Customer determine the recommended number of sample bottles required in the Kit. However, the Customer acknowledges that it is their responsibility to use this Tool as it is to be intended and the outcome of using the Tool is only the recommendation of the Company and does not imply that any regulations or legislation are satisfied when using its’ Tool.

6.3 The Customer must be available to take delivery of the Products and Services (where applicable) provided by the Company. An additional delivery charge may become payable by the Customer if the Products and Services (where applicable) cannot be delivered and redelivery is necessary;

6.4 The Customer must be available for collection by courier (where applicable) of the Products and/or Services provided by the Company. An additional collection charge may become payable by the Customer if the Products and/or Services cannot be collected and re-collection is necessary. The Customer is responsible for obtaining a proof of postage from the Post Office (where applicable) and the Products remain the property of the Customer until receipt is acknowledged by the Company.

6.5 The Customer must ensure the water samples provided are sourced from the environment for which they were intended;

6.6 The Customer shall follow precisely the instructions contained within the Kit;

6.7 The Customer shall contact the Company to arrange collection (where applicable) of the samples immediately upon completion. The Customer will avoid arranging collection of the samples on Fridays, Weekends or Bank Holidays. This is to ensure the quality of the samples for testing;

6.8 The Customer will promptly respond to any contact made by the Company in relation to any Contract;

6.9 It is the sole responsibility of the Customer to act upon information it receives from the Company in relation to the test results.

7. Shipping

7.1 The Company will ship its' Products and Services (where applicable) to the delivery address provided by the Customer.

7.2 The Company will only deliver its Product detailed in 1.6.1 and offer its Services within the United Kingdom, Isle of Man and Channel Islands.

7.3 By default, the Company will use Royal Mail 2nd Class post or equivalent to ship its' Products and/or Services. However, the Company may offer other postal methods and these can be selected and payment made, where applicable, by the Customer.

7.4 All shipping costs are provided by the Company for provision of its' Products and/or Services prior to payment and are, therefore, accepted by the Customer.

7.5 The Company will make every effort to provide its' Products and/or Services in one delivery using the shipping method chosen by the Customer. However, the Customer accepts that there may be occasion where this is not possible.

7.6 Ownership of the Products and/or Services provided by the Company is immediately transferred to the Customer once the Company ships the Products and/or Services to the Customer.

8. Cancellation and Returns

8.1 The Company may cancel a Contract at any time where it believes the Customer intends to use its Products and/or Services in a way not intended by the Company.

8.2 Where the Customer fails to meet any of the Customer Obligations set out in paragraph 5, the Company may cancel a Contract and reserves the right to retain any payment made by the Customer.

8.3 Where the Company cancels a Contract under 8.1 or 8.2, it will inform the Customer in writing.

8.4 In accordance with the Consumer Contracts Regulations 2014 the Customer shall have the right to terminate the Contract within 14 days of receiving the Products from the Company. The Products must be returned to the Company in the same condition as they were provided by the Company. The Customer is responsible for returning the Products to the Company and any expense incurred. We recommend that proof of postage is obtained when returning Products to the Company. Once the Products are received by the Company and checked to ensure they are not damaged in any way a full immediate refund will be made to the Customer, less £5 to cover initial shipping and packaging costs incurred by the Company. This is necessary as the company personalises elements of their product to identify the customer and the product can no longer be reused by the Company.

8.5 Where the Contract includes provision of the Company's Products and Services, the Contract cannot be cancelled and returns are not accepted unless a material error has been made by the Company. Where a material error has been made by the Company, the Customer must contact the Company within 48 hours of receipt of the Products and Services.



9.  Limit of Liability

9.1 The Company shall not be liable for any loss resulting from failures or delays outside its control including but not limited to shipping delays, postal strikes or shipping delivery issues.

9.2 The Customer accepts sole responsibility for its obligations to the Health & Safety Executive and/or Care Quality Commission or any other legislation, regulation, code of conduct, guidance, rules and/or regulations. The Customer acknowledges that the Company bears no responsibility whatsoever for any obligation in any and all Contract(s) entered into by the Customer with the Company.

9.3 In any event, the Company shall not be liable to the Customer for any sum exceeding the total cost of the Products and Services, including VAT.

10. Law and Jurisdiction

10.1 The law applicable to this Contract shall be English Law and the Customer consents to the jurisdiction of the English courts in all matters affecting the Contract.

11. Data Protection

11.1 When providing the Products & Services to the Customer, the Company may gain access to and/or acquire the ability to transfer, store or process personal data of the Customer and/or its’ employees.
11.2 The parties agree that where such processing of personal data takes place, the Customer shall be 'data controller' and the Company shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
11.3 For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
10.4 The Company shall only Process Personal Data to the extent reasonably required to enable it to provide the Products & Services as mentioned in these Terms of Business or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
11.5 The Company shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these Terms of Business or to the extent required by applicable legislation and/or regulations.
11.6 The Company shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Company on behalf of the Customer. Further information about the Company’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected]
12. Force Majeure

12.1 The Company shall not be liable for any delay or failure to provide any or all of its' Products and/or Services as a result of any factor beyond its' reasonable control.

13. Complaints

13.1 All complaints about the Company should be sent to;

Smartwater Testing Ltd
Bridge House
London Road

13.2 The Company will acknowledge the complaint within 7 working days and will thoroughly investigate the matter. A written response will be sent within 14 working days of receipt of the complaint.

Microbiological Testing Kit
If you need to test a spa, hot tub or a swimming pool for Coliforms, TVC and Pseudomonas we also supply Microbiological Testing Kits. Click the Microbiological Testing Kit button to find out more and get an Instant Quote.