Terms and Conditions
ABOUT US AND OUR WEBSITE
(a) This website (and any associated microsites) is owned and operated by Dakro Air & Water whose registered office address is Cookley Wharf Industrial Estate, 12B, Leys Rd, Brierley Hill DY5 3UP with company number 14663898.
(b) If you wish to contact us, we recommend contacting our customer services team who are available 5 days a week. They can be contacted by email and phone as follows:
Phone: 0121 559 6431
Opening hours: Monday – Friday, 9am – 5pm
(c) Alternatively, if you would like to write to us or intend to cancel or return a product in accordance with these Terms and Conditions, you can do so using our operating address:
Dakro Air & Water, Cookley Wharf Industrial Estate, 12B, Leys Rd, Brierley Hill DY5 3UP
Please read these documents carefully, as they include important terms which apply to you.
PLACING AN ORDER
(a) You can either call customer services team or go online and select the products you wish to purchase on our website, click 'Cart’ and input your debit, credit card or Paypal details by following the simple steps on screen. Clicking 'buy now' will complete your order. You may also place an order by post by writing to us at Dakro Air & Water, Cookley Wharf Industrial Estate, 12B, Leys Rd, Brierley Hill DY5 3UP with the details of the products you want to order and enclosing a cheque or postal order as payment.
(c) By placing an order you are offering to buy products from us in accordance with these Terms and Conditions. We will let you know that we have received your order but this does not mean that your order has been accepted by us. Completion of your order is subject to availability of products and there is no contract between us until we have formally accepted your order by issuing your order confirmation.
(d) When we have accepted your order, we will provide your order confirmation on the telephone if you order by phone, or by email if you order via the website. For orders received by post we will not generally send a separate acceptance of your order but by completing and delivering your order we are accepting it, otherwise we will either not proceed to process your payment or send you a refund. In all cases, we will enclose a copy of your order confirmation with your product on delivery. We recommend keeping your order confirmation in a safe place in case you have any queries. For website orders we recommend you enter your email address so we can provide you with your order confirmation.
(e) If we cannot supply you with the products we will contact you and you can decide how you would like to proceed
(f) Product images on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
(a) We aim to dispatch your order on the same or next working day from when we receive it. Any orders placed on a Friday, Saturday, Sunday or on any public holiday in England will be dispatched on the next working day. We dispatch all orders with UK addresses via Royal Mail's Track and Trace delivery service, or equivalent (none of which are guaranteed next day delivery). Delivery can typically take up to 72 hours but in exceptional circumstances may take longer. You will be informed of all delivery charges before you confirm your order.
(b) Please allow 30 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most products are available for delivery within 30 days of your order. If we are unable to supply you with your products within this time, we will contact you to let you know and give you a revised delivery date. You may cancel your order and request a refund if this is the case.
(c) Delivery will be completed when the carrier delivers the products to the address you provided. Please inspect your products on delivery and promptly report any problems with your products to our customer services team.
(d) Products that require building and that are not off the shelf will have longer shipping and distribution times. The shipping times for these products will be communicated on receiving the order. You will receive a confirmation mail including calculated transport times. Some products can be subject to varying shipping times and any products that are subject to shipping times outside of the typical delivery time frames seen in point (a), will be communicated to the customer within 48 hours of an order being placed.
YOUR RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 WHERE PRODUCTS ARE NOT OF SATISFACTORY QUALITY OR FIT FOR PURPOSE
(a) We will refund, repair or replace products that are of unsatisfactory quality or unfit for purpose, as follows:
(a.i) Within 30 days of delivery
If you believe that your product is faulty, damaged or misdescribed and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a refund. If you do not request a refund, we will either repair your product or offer a like-for-like replacement free of charge.
(a.ii) 30 days to 6 months after delivery
If you believe that your product is faulty, and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a repair or replacement. You will not be eligible to request a refund unless the repair or replacement product is also faulty. We may offer you a refund at our discretion in circumstances where we determine that your product cannot be repaired or replaced, or a like-for-like replacement is not available within a reasonable period of time.
(a.iii) More than 6 months after delivery
If you believe that your product is faulty, you must prove to our reasonable satisfaction that the product was faulty when we supplied it to you. If we are satisfied with the information that you provide and we subsequently confirm that the product is faulty after our own reasonable examination, then you will be eligible to request a repair or replacement. You will not be eligible to request a refund. We may, however, offer you a partial refund at our discretion in circumstances where we determine that your product cannot be repaired or replaced or a like-for-like replacement is not available within a reasonable period of time. The amount of any refund will be determined by us taking into consideration the age of your product and the use that you had of it.
(b) Please contact a member of our customer services at our email Enquiries@dakro.co.uk and they will explain how to return the product(s) to us and issue you with a Returns Authorisation Process. You may also be required to complete a Returns Form and return this with your product.
(c) When returning a faulty product we may ask that you return the physical product to us and that you do this by First Class Royal Mail (Recorded Delivery).
(d) Any costs associated with repair or replacement of faulty products will be borne by us. This will include the cost of return delivery of the product to us or to our chosen third party repairer.
(e) We may ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the products are found to be of satisfactory quality. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this.
(f) Products with faults due to normal wear and tear or damage caused by misuse will not be repaired or replaced free of charge and no refunds will be given.
(g) Refunds (and partial refunds) will normally be refunded to the same account debited during purchase. Refunds (and partial refunds) will ordinarily be processed within 14 days of the date that we agree a refund will be given. PLEASE NOTE: refunds generally take around 5 working days to clear from the point of processing, although timings may vary depending on your banking provider.
YOUR RIGHTS UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 (CCR)
(a) Returning non-faulty/undamaged products.
You have an unconditional right to cancel your order within fourteen (14) days from the date of delivery. PLEASE NOTE: You must take reasonable care of the products during the cancellation period. This cancellation right does not apply and we do not offer any refunds in respect of any sealed products which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you, or any products which have been mixed inseparably with other products by you after delivery. Returned products must include all parts, accessories, instructions and packaging (including products such as cable ties and plug covers).
(b) To cancel your order under the CCR:
(i) Send an email or write to us at Enquiries@dakro.co.uk or Dakro Air & Water, Cookley Wharf Industrial Estate, 12B, Leys Rd, Brierley Hill DY5 3UP telling us you wish to cancel the order. Include enough information for us to identify you and your order including, as a minimum, your order number, your name and full address. Alternatively, print, complete and send a copy of our cancellation form to us.
(ii) Parcel up the products you are returning securely to minimise any damage that may be caused during delivery. Please include a copy of your written notification or cancellation form so we can trace your order quickly.
(iii) Return the products to us using a reputable carrier. The products will remain your responsibility until they have been signed for at our returns address. We do not accept responsibility for products lost or damaged in the post. If on inspection of the returned products we believe that they have been damaged or their value has been diminished, then we may deduct an amount equal to the damage or diminishment in value from the refund owed to you.PLEASE NOTE that returning products under the 14 day period allowed by the CCR is at your cost unless we have supplied substitute products that you have not found acceptable.
(iv) Once you have notified us of your intention to cancel the order we will normally refund you the cost of your order within 14 days of us receiving the products back.
(v) This section does not affect your statutory rights.
HOW WE USE YOUR PERSONAL INFORMATION
ABOUT THESE TERMS
(a) These Terms and Conditions came into force on 11/07/2022 and apply to all orders made since then.
(b) These Terms and Conditions do not affect your statutory rights. If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.
(c) As we may occasionally amend these Terms and Conditions you should check them each time you wish to place an order to ensure you understand the Terms and Conditions that will apply to that order.
(d) These Terms and Conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Dakro Air & Water is the trading name of Dakro Air & Water Ltd.
Dakro Air & Water. is a limited liability company registered in England & Wales (registered number 14663898) and its registered office address is Cookley Wharf Industrial Estate, 12B, Leys Rd, Brierley Hill DY5 3UP
© Copyright 2022 | Dakro Air & Water Ltd
Company number 14663898
DAKRO AIR & WATER LIMITED
STANDARD TERMS AND CONDITIONS OF SALE
Part I – Provisions Applying to all Contracts
1.2 This document covers a number of alternative
Situations and different sections apply according to the services to be provided by DAKRO AIR & WATER LTD. Part I applies in all cases.
Part II applies to the provision of survey report monitoring testing and sterilisation services, and Part III applies to the supply and installation of plant and equipment
1.3 In this document: “DAKRO AIR & WATER LTD”
“Conditions” means these Terms and Conditions of DAKRO AIR & WATER LTD including (unless the context otherwise requires) any special terms and conditions agreed in writing between the customer and DAKRO AIR & WATER LTD
“Customer” means the person entering into this contract with DAKRO AIR & WATER LTD
“Electrical System” the electrical system defined overleaf at the location specified in the Order
“Equipment” means the products which DAKRO AIR & WATER LTD is to supply and install
“Estimate” means the estimated cost of the Equipment and/or the Services. The estimate is an estimate only and prices are subject to change in accordance with the Conditions
“Order” means the order placed by the Customer for Equipment and/or services
“Services” means the services which DAKRO AIR & WATER LTD is to perform
“Site” means the location specified in the Order
“System” Water System or Electrical System as appropriate
“Water System” means the water system defined overleaf or in the written Contract at the location specified in the Order
“Written Contract” means the written contract (if any) between DAKRO AIR & WATER LTD and the Customer of which these terms and conditions form part.
1.4 All Orders deemed to have been made by the customer and accepted by DAKRO AIR & WATER LTD upon and subject to the Conditions which are complete and exhaustive and override all and any other terms and conditions and provisions referring or purporting to refer to the Equipment and/or the Services which can only be varied if the variation is agreed in writing and signed by DAKRO AIR & WATER LTD and the Customer. All other terms and conditions warranties and guarantees and reservations (express or implied statutory or otherwise) are hereby expressly excluded to the extent permitted by law. Additional work authorised by the Customer and carried out by DAKRO AIR & WATER LTD is subject to the Conditions.
1.5 A contract shall be deemed to have been
Formed either when:
1.5.1 the Customer signs the written contract or
1.5.2 DAKRO AIR & WATER LTD accepts the Customer’s instruction either orally or in writing
1.6 DAKRO’S employees or agents are not authorised to make any representations concerning the Equipment unless confirmed by DAKRO AIR & WATER LTD in writing. In entering into the contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
1.6 Any advice or recommendations given by DAKRO AIR & WATER LTD or its employees or agents to the
Customer or its employees or agents as to the storage application or use of the Equipment which is not confirmed in writing by DAKRO AIR & WATER LTD is followed or acted upon entirely at the Customer’s own risk and accordingly DAKRO AIR & WATER LTD shall not be liable for any such advise or recommendation which is not so confirmed.
1.7 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by DAKRO AIR & WATER LTD shall be subject to correction without any liability on the part of DAKRO AIR & WATER LTD
2.1 Quotations are valid for thirty days of the date thereof or such longer period as may be agreed in writing by DAKRO AIR & WATER LTD
2.2 Any Quotation constitutes only an invitation to treat (and not an offer) and may be withdrawn at any time
2.3 Unless otherwise stated in writing Quotations do not include:
2.3.1 the cost of work incurred by DAKRO AIR & WATER LTD in the removal and disposal of contaminated asbestos if found present
2.3.2 the cost of work incurred by DAKRO AIR & WATER LTD in the testing and rebalancing of any existing system which DAKRO AIR & WATER LTD in its absolute discretion considers necessary
2.3.3 builders work
2.3.4 cost of electricity and water consumed
2.3.6 Work being carried out by DAKRO AIR & WATER LTD outside the hours of 9am to 5.30pm Monday to Friday
3.1 Subject to this clause the price for Equipment and/or Services shall be specified in the Estimate
3.2 DAKRO AIR & WATER LTD reserves the right by giving notice to the Customer at any time to increase the price to reflect any increase in cost to DAKRO AIR & WATER LTD which is due to any factor beyond its control such as without limitation increase in the cost of labour or materials or to reflect any extra work not originally envisaged
3.3 Where there is no Estimate or the Estimate is no longer valid the price for Equipment and/or Services shall be in accordance with DAKRO'S current pricing policy
3.4 Unless otherwise stated prices are exclusive of VAT which shall be paid by the Customer
4.1 Interim invoices will be submitted during the progress of the contract and a final invoice will be submitted upon completion. The Customer shall make payment in full to DAKRO AIR & WATER LTD without any deduction or withholding whatsoever on any account within thirty days of each interim invoice and the final invoice
4.2 If payment is not received in full when due the customer shall pay interest on the unpaid amount at the rate of two per cent per month accruing daily (equivalent to an annual rate of 26.82%)
4.3 No claim by the Customer in respect of any specific item shall entitle the Customer to withhold payment of the whole or any part of the price payable in respect of any other Equipment or Services
5. TIME FOR PERFORMANCE
5.1 All performance delivery and installation dates are estimates only and DAKRO AIR & WATER LTD shall not be liable for any loss costs damages or expenses suffered by the Customer or any other person or company howsoever arising whether directly or indirectly out of any failure to meet any such date
5.2 DAKRO AIR & WATER LTD reserves the right to suspend work
6. RIGHT OF EARLY TERMINATION
6.1.1 any of the events specified in Clauses 20.4.1 to
20.4.7 inclusive occurs or
6.1.2 the Customer fails to comply with its obligations under this contract
6.1.3 the Customer fails to implement any of DAKRO’S reasonable recommendations concerning the safety in use of the Equipment or the System then without prejudice to any other right or remedy available to DAKRO AIR & WATER LTD:
(a) DAKRO AIR & WATER LTD shall be entitled to cancel the contract or suspend any deliveries or work under the contract without any liability to the Customer and
(b) In respect of any Equipment delivered or Services rendered but not yet paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and
(c) DAKRO AIR & WATER LTD shall be entitled to treat the contract as repudiated and recover damages for breach of contract
7. CUSTOMER’S OBLIGATIONS
7.1 The Customer shall:
7.1.1 Ensure that DAKRO’S representatives have full and free access to the Site and the System and to drawings and records of the System and its use kept by the Customer to enable DAKRO AIR & WATER LTD to perform its duties
7.1.2 provide DAKRO AIR & WATER with such information concerning the Equipment as DAKRO AIR & WATER LTD may request to enable it to carry out its duties
7.1.3 take all such steps as may be necessary to ensure the safety of any of DAKRO'S representatives who visit any premises of the Customer
7.1.4 have sole responsibility for informing all persons affected by the System of the existence of the Contract and the work which DAKRO AIR & WATER LTD is to undertake and all implications of both for such persons
8.1 Every effort will be made to supply and install the Equipment and/or perform the Services but DAKRO AIR & WATER reserves the right to modify either from time to time at its sole discretion without incurring any liability whatsoever to the customer
9. FORCE MAJEURE
9.1 If either party is affected by any circumstances beyond its reasonable control (including without limitation any strike lockout or other industrial action) it shall promptly notify the other party of the nature and extent of the circumstances in question
9.2 Notwithstanding any of the provisions of this
contract neither party shall be deemed to be in breach of contract or otherwise be liable to the other for any delay in performance or the non performance of any of its obligations under this contract to the extend that the delay or non performance is due to any event referred to in 9.1 above of which it has notified the other party and the time for performance of that obligation shall be extended accordingly
9.3 If either party claims force majeure and is accordingly relieved under clause 9.2 from performing any of its obligations that its agreement for continuous period in excess of 3 months or for an aggregate period in any year in excess of 90 days then the other party may not withstanding any of the provisions of the contract terminate this contract by giving to the party which has claimed force majeure not less than 14 days written notice
10. LIMITATION OF LIABILITY
10.1 Because the potential losses which the Customer might suffer as a result of any breach of contact by DAKRO AIR & WATER LTD are more readily ascertainable by the Customer and because such losses could be wholly disproportionate to the contract price and so that DAKRO AIR & WATER LTD can keep the contract price as low as reasonably possible, the parties agree that the Company limits its liability in accordance with the following provisions
10.2 The Company shall have no liability whatsoever (howsoever arising) in relation to any loss suffered by the Customer or any third party arising from the provision of any goods or services pursuant to this contract except in so far as the same was caused by its negligence
10.3 In the event of DAKRO AIR & WATER LTD being shown to have been negligent in the provision of any goods or services pursuant to this contract DAKRO'S liability for damage caused by such negligence shall be limited to £5,000,000 (subject to clause 10.4 below)
10.4 DAKRO AIR & WATER LTD shall not in any circumstances whatsoever be liable for consequential or indirect loss or damage not arising from physical damage or bodily injury caused by DAKRO’S negligence
10.5 Non exhaustive illustrations of consequential or indirect loss are loss of profit loss of contract loss of reputation
11. NO WAIVER
11.1 DAKRO ’S failure to insist upon a strict performance of any provisions of these conditions shall not be deemed to be a waiver of its rights or remedies on any subsequent default by the Customer in the performance or compliance with any of the Conditions
12.1 Unless otherwise agreed in writing the Customer may not assign either the benefit of the burden of any contract with DAKRO AIR & WATER LTD but DAKRO AIR & WATER LTD may at its sole discretion assign either the benefit or the burden of any such contract (or both)
13.1 The invalidity of any individual provisions or
any part of any individual provision of these conditions shall not affect the validity of the remainder
14. RELATIONSHIP OF THE PARTIES
14.1 Both DAKRO AIR & WATER LTD and the Customer are independent contractors under these conditions
and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. DAKRO AIR & WATER LTD shall not be responsible to third parties for any claim arising out of the activities of the Customer and the Customer shall hold DAKRO AIR & WATER harmless against any claim arising in connection herewith and indemnify and hold harmless DAKRO AIR & WATER LTD for any amount which DAKRO AIR & WATER LTD may be required to pay as a result of any claim
15.1 The headings of paragraphs in these conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of the Conditions
16. GOVERNING LAW
16.1 The Conditions shall in all respects be Governed by and pursued in accordance with English Law and the Customer and DAKRO AIR & WATER LTD hereby submit to the non-exclusive jurisdiction of the English Courts
Part II – Survey Report Monitoring and Testing Services
17. SERVICES TO BE PROVIDED
17.1 DAKRO AIR & WATER LTD will provide the services detailed in the Written Contract
18.1 This contract shall subject to clause 6 continue in force for one year from the date of its formation and thereafter unless terminated by either party giving to the other one month’s prior written notice expiring during the period commencing two months before and ending two months after the anniversary of the date of this Contract
Part III – Supply and Installation of Equipment
19. OBLIGATION TO SELL
19.1 DAKRO AIR & WATER LTD will sell and the Customer will purchase the Equipment in accordance with the Order
19.2 DAKRO AIR & WATER LTD reserves the right to make delivery and install Equipment on a number of separate occasions
19.3 Unless otherwise stated on DAKRO’S estimate the price of Equipment shall mean and include DAKRO'S costs of standard packing normal insurance and delivery of the Equipment to the address in the United Kingdom specified in writing by the Customer to DAKRO AIR & WATER LTD and the cost of installation. Unless otherwise indicated prices are exclusive of Value Added Tax
20. PROPERTY AND RISK
20.1 Upon delivery the Equipment shall be at the Customer’s risk
20.2 Notwithstanding clause 20.1 above both legal and equitable title to the Equipment will remain with DAKRO AIR & WATER LTD until DAKRO AIR & WATER LTD has received payment in full in respect of all invoices together with any VAT and interest payable
20.3 Where payment is made by instalments property in respect of all the Equipment supplied and installed under the Contract shall not pass to the Customer until such time as all instalment payments together with any amounts due in respect of VAT and interest have been made.
20.4 If the Customer:
20.4.1 Shall make default in payment or shall cease or
threaten to cease to carry on business or
20.4.2 Shall make any voluntary arrangement with its
20.4.3 becomes subject to an administration order
20.4.4 or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of and followed by a reconstruction or amalgamation) or
20.4.5 an encumbrancer takes possession or
20.4.6 a receiver shall be appointed of the whole or any part of the undertaking or assets of the Customer or
20.4.7 DAKRO AIR & WATER LTD reasonably apprehends that any of the events mentioned above is about to occur and notifies the Customer accordingly then and in any such case DAKRO AIR & WATER LTD shall have the right without prejudice to any other right or remedy available
(a) to enter the Customer’s premises and repossess the Equipment or any part of the Equipment and
(b) without being liable for any loss occasioned thereby to dismantle any machinery product item or equipment into which the Equipment or any part of the Equipment has been incorporated and the Customer shall be responsible for all DAKRO’S costs and expenses in connection with so doing
20.5 The Customer may not deal with sell part with possession or change the character or convert or otherwise dispose of or handle any of the Equipment sold and installed hereunder until title therein has passed to the Customer in accordance with clauses 20.2 or 20.4 above
21.1 The Customer shall inspect and test the Equipment immediately upon practical completion of the installation by DAKRO AIR & WATER LTD which for the purpose of the Conditions shall be when the Equipment can be used by the Customer even if there are minor or subsidiary works still to be carried out by DAKRO AIR & WATER LTD. The Customer shall within fourteen days of such practical completion give notice in writing to DAKRO AIR & WATER LTD if it is alleged that the Equipment and or the installation is not in accordance with the contract. Any claim outside the fourteen days will not be accepted
21.2 If the Customer shall fail to give notice as is required in clause 21.1 above then the Equipment and the installation shall be deemed in all respects to be in accordance with the contract and the Customer shall be deemed to have irrevocably and unconditionally accepted the Equipment and the installation as being completely satisfactory
Form No. 034 Issue 01/03/2023