TERMS AND CONDITIONS
FLOATAWAY PRODUCTS AND SERVICES
1) Cosine Limited trading as Floataway and Floataway USA LLC (here in after called Floataway) products and services are subject to constant review to improve performance and quality and any details shown or described may be subject to change without notice.
2) Commercial estimates, advice or consultancy services, whether or not paid for, are given in good faith but must never to be construed as warranty of performance or achievable results.
3) Whilst we know of considerable anecdotal evidence and research evidence of benefits, we make no claim, and no statement of ours may be construed to imply, that floating is a cure for any disease or condition.
4) Floataway products remain our property and we retain right of lien, title to and beneficial ownership of our products until paid for in full.
5) Requests for service or complaints must be delivered to our factory, offices or agents in writing using email (firstname.lastname@example.org) or post, and any arrangement made on site, or by telephone verbally with our staff may not be construed as a contract without written confirmation from Floataway. Floataway will not be liable to pay for work done by others on behalf of customers without such written authorisation, nor be responsible for damage caused by such work. We are only responsible for work we or our paid sub-contractors do. In particular, damage reports about delivery must be accompanied by photographs of the damage and the packaging for insurance purposes.
6) Floataway reserves the right to alter prices at any time up to the receipt of deposit for any product or service.
7) Floataway prices for delivery, installation and service are variable depending on the customer's location and are quoted in good faith using information supplied by the customer. We reserve the right to increase the quoted prices if the information given to us is incorrect or omits relevant details.
8) Products and services must be paid for in advance of delivery unless this condition is waived by us in writing in a specific case and any such waiver does not apply to any other transaction. Payments are not refundable in the case of cancellation by the customer.
9) Deposits paid for our products form part of our contract with the customer are not returnable once manufacture commences unless the deposit is specifically paid ahead of full financing (such as lease financing) in which case the deposit will be returned in full within 7 days of cleared funds reaching our account. New orders require a 50% deposit plus VAT, if applicable, to be paid before manufacturing commences. Responsibility for the goods is transferred upon collection (see point 20), or delivery to the customer in the case of self-installation or upon commissioning if Floataway installs.
10) Floataway products awaiting delivery after the agreed date, owing to customers' delays, may incur, after due notification in writing, reasonable storage charges at the local going rate. Floataway may ask for full payment for the products fifteen calendar days before agreed shipping or delivery date, whichever is the sooner, and regardless of delays caused by the customer.
11) Our service contracts or consultancy services are individually priced for each customer taking many factors into account. Each service contract is a separate document. Nevertheless, we reserve the right to alter the price after due written notification on the anniversary of each contract. We may delay or interrupt service if payments are late unless the reason for lateness is due to an act or omission by Floataway. Service visits outside of any service contract are individually priced.
12) Notwithstanding other conditions, Floataway reserves the right to charge interest on late payments at HSBC bank lending rate plus 4%, including any extra charges properly levied under these terms in the event of non-payment.
13) Payments to us should be made in the currency in which they are invoiced unless specific agreement is obtained in writing. We are obliged to charge VAT at the current UK rate in addition to all our prices in the UK and in the EU if our customer is not registered for VAT. Local taxes may be due in other countries and these must be paid by the customer. All bank transfer charges must be paid by the customer.
14) Floataway warranties and guarantees on our products never include any liability for consequential losses or damages whether or not attributable to our products or services. Our warranty is for parts but not labour. It is separate from any service contract in force and applies only to new equipment which has been paid for in full. The warranty is voided if the product is sold to a third party and may be void if the product is abused or damaged by failure to comply with written operating instructions or in any other way. The warranty time period begins on the day of installation or supply as follows:
Safety electrical components (grounding), hoses, mouldings and panels forming the construction, control systems, motors, sensors, hinges, wiring connections, filter housings and pipe work, speakers and microphones, seals, skimmers, suction fittings and jets, lamps and light fittings : two years.
Batteries : one year.
Pumps: 30 days(note: our pumps should last for many years but can quickly be damaged by running with low water level or without the pre-filter thus allowing objects to enter the pump).
The warranty period is not extended for any part replaced under warranty. The warranty can be negotiated at time of sale to vary these conditions.
If a failure occurs we will send spare parts either from our local agent or from our factory. Delivery times for components can, in practice, vary and are not guaranteed. We reserve the right to charge to replace parts which have become damaged through malice, neglect including failure to maintain, or abuse, or through fair wear and tear. Our warranty does not include filter cartridges, chemicals, or other consumables, nor damage to cables and hoses excepting manufacturing faults which can be shown to pre-date installation, nor discolouration due to chlorine levels in excess of 10 ppm or the use of mineral laden water. Products which are bought for self assembly have all parts warranted provided always that the assembly is performed in a suitable location by a qualified electrician in accordance with our written installation instructions. We guarantee that our products will perform correctly as described in our written instructions when used and serviced correctly, but not for any other purpose. The performance of our products depends on the co-operation and diligence of our customers which includes cleaning and maintenance of the products. Our products do require cleaning, regular service and annual inspection to remain safe and effective. When our service contract is in force, the warranty is extended by that contract according to its terms. In the case of self-installation and the unlikely event that difficulties arise and our assistance is requested, our full installation and travel costs will be charged. We may require the return of failed parts at our expense. Failure to return such parts will invalidate the warranty and entitle us to charge for spare parts already supplied under warranty. The Floataway warranty is never less than that required by law.
15) Delivery dates are only confirmed after receipt of a deposit, are made by mutual agreement with our customer and are not guaranteed unless a separate guarantee is negotiated and issued in writing. Rescheduled delivery dates are similarly made by mutual agreement. We may postpone agreed delivery dates if we do not receive the full amount due by the date we specify. Delivery dates also depend on timely receipt of approved building layout, agreed specifications and installation terms.
16) Floataway will not charge for rescheduling in advance of the agreed delivery date but reserves the right to refuse to install products in unsafe or unsuitable or unfinished sites without returning any payments made. Floataway further reserves the right to make extra reasonable charges when return visits or extra works are required directly because of unsafe, unfinished or unsuitable conditions at the time of delivery. We may refuse to deliver until these extra payments are received. Rescheduled delivery dates are made by mutual agreement.
17) During delivery, installation, repair or servicing of Floataway products on customer premises our staff require safe access to the products and sites, adequate heating, piped water, ventilation, lighting and electrical power. In addition suitable site insurance must be in place and we reserve the right to ask for details of insurance before visiting. Floataway carries insurance which requires us to check these details. The products must not be offered for use by customers during such visits.
18) Floataway strives to provide service and to deliver parts in good time but no warranty of delivery time is given or implied. Floataway will not be held liable for damages caused by late delivery or late provision of any part or service.
19) Floataway does not undertake building modifications or electrical installation nor consulting services on those, although we do give advice and suggested layouts which must be approved by the main contractor. Electrical installation of a suitable termination point in the room and cables through walls must be undertaken by qualified contractors, and is not part of our installation work. Similarly every room occupied by a float pool requires adequate ventilation, a suitable waterproof non-slip, floor bunded at least 15mm, a floor drain or automatic floor pump, waterproof finishes, emergency lighting and may require fire alarms and sensors. The operator must provide or obtain suitable design advice on all aspects and Floataway is not responsible for these aspects unless paid to design them by separate contract and insurance arrangements.
20) Products supplied "ex-factory" become the responsibility of the owner as they leave the factory gates.
21) Floataway publishes detailed instruction guidance notes in good faith concerning the room requirements, use and maintenance of our products and cannot be held liable for any problem or damages arising from failure to follow our instructions, from abuse or neglect of the products nor from deviation from good practice in the commercial or technical operation of our products, nor for any substitution of parts or consumables not supplied or endorsed by Floataway. We do not guarantee to know any or all local regulations which might apply in a customer's location. Floataway will supply replacement hard copies or electronic forms of these documents to our customers upon request. Updated operational information becomes available from time to time and once delivered to customers in writing supersedes previously delivered information.
22) Floataway domestic products are not intended for commercial use and Floataway will not be liable for any damages incurred by such use.
23) Owners and operators of Floataway commercial products have a duty of care to their customers including full understanding of the use of the products and proper maintenance and safety procedures, and Floataway will not be liable for damages arising from the owner's or operator's failure in such duty. Floataway provides written information about safety and proper maintenance and use of every Floataway product sold and will rely on owners to read the information, to comply with the instructions and to ensure that everyone who uses the products is properly trained. Training given by our staff does not supersede the information given by Floataway in writing. Commercial Operators must have suitable insurance to offer services to the public.
24) Spare parts supplied under warranty or otherwise, may not be identical to the original parts but will provide the same or improved function.
25) Floataway replacement parts are only supplied to our existing customers or their appointed agent as replacement parts for our products and will be charged at the current price plus charges for delivery and packaging. Replacement part prices may vary from time to time without notice. When our products are sold on we may require fees to ascertain the state of the product before supplying spare parts or services.
26) Colours may vary slightly from colour charts or other references and some colours cause the polyester gel coat or acrylic paint to be softer than normal.
27) Floataway mouldings are individually made and hand finished and may have small blemishes consistent with normal commercial practice.
28) The copyright, design rights and all intellectual property rights associated with Floataway products and the trade mark "Floataway" in relation to floatation products belong to and remain the property of Cosine Limited. These rights apply to our standard products and to any modifications or special products which we may make. Parts may not be copied, or reproduced in any form at any scale whether in the form of drawings or models without the written permission of Cosine Limited. We also warrant and guarantee that no third party intellectual property rights are infringed by our products or use as defined in our instructions. Floataway is a Registered Trade mark of Cosine Limited.
29) Images of our products which we provide may be used for promotion, educational or advertising purposes provided always that our trade name "Floataway" is used within the image or credited in text next to each image, and that the images are used only in connection with floatation as described in our promotional literature.
30) In relation to data protection, Floataway will assume that any commercial customer offering floatation services will allow us to publish their commercial address, website, opening hours and similar information for promotional purposes unless we are instructed otherwise in writing.
31) Floataway will not be liable for force majeure events, i.e. events outside our reasonable control which may cause delay or damage. We undertake to make our best endeavours to overcome delays caused by such events.
32) Floataway products may not be modifiedor moved by the customer once installed without detailed and specific permission in writing from Floataway. Any unauthorised modification may, at our discretion, invalidate any warranty, and implicitly absolves us from any responsibility for the performance or safety of the product.
33) These terms may be varied or extended by special terms given in writing by Floataway. If any of these terms is shown to be unlawful then we may substitute a similar term retaining the original intention without invalidating the other terms.