SERVICEWISE EXTENDED WARRANTY CONTRACT
MONSOON PUMPS
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Stuart Turner Limited, a company registered in England. Our company registration number is 00088368 and our registered office is at Market Place, Henley On Thames, Oxfordshire, RG9 2AD. Our registered VAT number is 193762768. You can find everything else you need to know about us and our services on our website before you order. We also confirm the key information to you in writing after you order by email.
1.2 You can contact us by telephoning our Customer Service Team at 0800 31 969 80 or by writing to us at [email protected] or Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
2. BUYING FROM US
2.1 You may either be a consumer or a business. If you are buying the ServiceWise Warranty for your business, then your business is agreeing to be bound by this contract.
WHEN YOU BUY FROM US, YOU ARE AGREEING:
2.1.1 your eligibility to buy this ServiceWise Warranty (see clause 3)
2.2.2 we only accept orders when we have checked them (see clause 4)
2.1.3 sometimes we reject orders (clause 5)
2.1.4 we charge you when we accept your order (clause 6)
2.1.5 the price for the ServiceWise Warranty (clause 7)
2.1.6 the duration of the ServiceWise Warranty (clause 8)
2.1.7 the scope of the ServiceWise Warranty (clause 9)
2.1.8 what is not covered by the Service Wise Warranty (clause 10)
2.1.9 the process for claiming under the Service Wise Warranty (clause 11)
2.1.10 we may charge you if you don’t give us the information we need or do what has been agreed with us (clause 12)
2.1.11 if you are a consumer, you have the legal right to change your mind (clause 13)
2.1.12 the deadline and process for changing your mind (clause 14)
2.1.13 you have to pay for that part of the ServiceWise Warranty that you received the benefit of, before you change your mind (clause 15)
2.1.14 the Service Wise Warranty does not affect your statutory rights if you are a consumer (clause 16)
2.1.15 we can change the ServiceWise Warranty (clause 17)
2.1.16 we can withdraw the ServiceWise Warranty (clause 18)
2.1.17 we can end our contract with you (clause 19)
2.1.18 we don’t compensate you for all loss caused by us or our services under the ServiceWise Warranty (clause 20)
2.1.19 we use your personal data as set out in our privacy notice (clause 21)
2.1.20 you have several options for resolving disputes with us (clause 22)
2.1.21 other important terms apply to this contract (clause 23)
3. YOUR ELIGIBILITY TO BUY SERVICEWISE WARRANTY
3.1 Subject to the conditions in clause 3.2 below, you are eligible to buy the ServiceWise Warranty if:
3.1.1 you have already registered your Monsoon pump with us for our full five-year warranty and you purchase the ServiceWise Warranty:
(a) before expiry of your five-year warranty; or
(b) within 12 months of expiry of your five-year warranty;
OR
3.1.2 you are purchasing the ServiceWise Warranty within 12 months of expiry of the original manufacturer’s free warranty that automatically came with your pump purchase.
3.2 You are not eligible to buy the ServiceWise Warranty if at the time of purchase:
3.2.1 your pump is suffering from damage in the form of leaks, humming (or other noise) or pump seizure; or
3.2.2 your pump is more than 7 years old from its date of manufacture.
4. WE ONLY ACCEPT ORDERS WHEN WE HAVE CHECKED THEM
We will contact you once the ServiceWise terms and conditions have been accepted, we will contact you by telephone to take full payment
5. SOMETIMES WE REJECT ORDERS
Sometimes we reject orders, for example, because (if you are a business) a credit reference we have obtained is unsatisfactory, because you are not eligible or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
6. WE CHARGE YOU WHEN WE ACCEPT YOUR ORDER
If you place an order with us, we will phone you to take payment from you when we accept your order.
7. THE PRICE FOR THE SERVICEWISE WARRANTY
The price is £180, inclusive of VAT
8. THE DURATION OF THE SERVICEWISE WARRANTY
The ‘Warranty Period’ starts on the date on which the ServiceWise Warranty is purchased and ends on the earlier of:
(a) 2 years later; or
(b) the completion of the second service engineer visit under the ServiceWise Warranty. If the service engineer has caused a fault or left it unresolved, then that visit will not count as a visit for the purpose of calculating the number of visits.
9. THE SCOPE OF THE SERVICEWISE WARRANTY
9.1 Subject to clause 10 below, we warrant that for the Warranty Period your Monsoon pump will be free from defects in material and workmanship under normal use and conditions appropriate to the setting for which it was purchased (i.e. large domestic, small commercial).
9.2 This means, we will either repair the defect through our Technical Assistance team or will replace the pump (with either a new or a refurbished pump) through the provision of a service engineer at no charge. We will have sole discretion in determining whether a defective pump or part will be either repaired or replaced under the ServiceWise Warranty. If a replacement applies and we agree that you should remove the defective pump or part, you will be responsible for returning them to us using our Collect+ service. We pay for use of the Collect + service. Except as specified in clauses 10.1 and 12 below you will not be charged any additional fees by us (beyond what you have paid for the ServiceWise Warranty) for these services.
10. WHAT IS NOT COVERED UNDER THE SERVICEWISE WARRANTY
10.1 The ServiceWise Warranty does not cover the following: (i) pre-existing conditions; (ii) damage from: accident, abuse, misuse, neglect, introduction of foreign objects into the pump, exposure to abnormal heat or cold, power surges, altered serial numbers, unauthorised product repairs, modifications or alterations by anyone other than us or our appointed agents, failure to follow the manufacturer’s instructions, third-party actions, fire, collision, vandalism, theft or the like, acts of war, acts of God, improper use of any electrical source; (iii) cosmetic damage to the pump’s case or frame; (iv) preventative maintenance; (vi) use of the pump in a manner or for a purpose for which it was not designed; (vi) damage which is not reported prior to expiration of the Warranty Period; (vii) cost of original installation, removal or reinstallation of the pump; (ix) our service engineer determining that the pump is not in fact defective. If any of the foregoing issues apply, we reserve the right to charge you for the service engineer visit during which the issue becomes apparent, as agreed when a service visit takes place.
10.2 This is an exclusive warranty given by us. We make no other warranties except as stated in this contract. We disclaim all other warranties express or implied.
11. THE PROCESS FOR CLAIMING UNDER THE SERVICEWISE WARRANTY
11.1 To make a claim you must do so during the Warranty Period. (see clause 8 above – The duration of ServiceWise Warranty).
11.2 Please contact our Customer Service Team in the first instance by phoning 0800 31 969 80 or by writing to us at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD. Our telephone lines are open Monday - Thursday: 9- 5pm; and Friday: 9 - 3:30pm, except for during bank holidays.
11.3 You must identify the pump by providing us with a serial or CRM number, provide proof of purchase of the Service Wise Warranty and identify the grounds for making the claim under it in reasonable detail to help us assess the issue. We will then issue you with a reference number authorising your claim which you must quote on all communications with us. Depending on the issue will give you instructions for what will happen next.
12. WE MAY CHARGE YOU IF YOU DON'T GIVE US THE INFORMATION WE NEED OR DO WHAT HAS BEEN AGREED WITH US
You agree to cooperate with us in all matters relating to any claim under the ServiceWise Warranty. You agree to provide us with such information we may reasonably require in order to comply with our obligations under this contract and ensure that such information is complete and accurate in all material respects. If we send out a service engineer to you, you agree to provide safe access to that engineer to enable the engineer to examine the pump and to carry out any repairs or replacement.
If we are delayed or prevented from carrying out our obligations under this contract due to you failing to act in accordance with the paragraph above, we will be entitled to suspend our services until you correct your default and may charge you additional sums as a result (for example, we may have to arrange an additional service visit). If you are a business, we will not be responsible for any loss you incur as a result of our suspension and you will reimburse us for any costs we incur as a result of your default.
13. IF YOU ARE A CONSUMER YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND
If you are a consumer, you have 14 days after the date you purchased the ServiceWise Warranty to change your mind about your purchase and to receive a refund of what you paid for it. This is subject to some conditions, as set out in clauses 14 and 15 below.
14. THE DEADLINE AND PROCESS FOR CHANGING YOUR MIND
If you change your mind about the ServiceWise Warranty you must let us know no later than 14 days after the day we confirm we have accepted your order.
14.1 Please contact our Customer Service Team on 0800 31 969 80 or 01491 572 655, write to us at [email protected] or fill in the online cancellation form or fill in a print-out of the cancellation form and post it to us at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
14.2 We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
15. YOU HAVE TO PAY FOR THE BENEFIT OF THE WARRANTY YOU HAVE RECEIVED BEFORE YOU CHANGE YOUR MIND
If you agree to the ServiceWise Warranty starting before the 14 day cooling off period has come to an end, then you have to pay for benefit of the Warranty you received before you change your mind. This means that we don't refund you for the time you were receiving the benefit of the ServiceWise Warranty before you told us you'd changed your mind.
16. THE SERVICEWISE WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER
16.1 If you think there is something wrong with the service we deliver under the ServiceWise Warranty, you must contact our Customer Service Team on 0800 31 969 80, write to us at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD.
16.2 Your ServiceWise Warranty does not affect your statutory rights. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us (see clause 22 below).
17. WE CAN CHANGE THE SERVICEWISE WARRANTY
17.1 We can change the scope of the Warranty:
17.1.1 to reflect changes in relevant laws and regulatory requirements; and
17.1.2 to make adjustments and improvements, provided that you are at no disadvantage as a result of the changes.
18. WE CAN WITHDRAW THE SERVICEWISE WARRANTY
18.1 We can stop providing the ServiceWise Warranty. We will let you know at least 30 days in advance and we will refund any sums you've paid in advance for the ServiceWise Warranty which won't be provided.
19. WE CAN END OUR CONTRACT WITH YOU
19.1 We can end our contract with you for the ServiceWise Warranty and claim any compensation due to us if you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the services under the Warranty, for example, access to where the pump is installed.
20. WE DONT COMPENSATE YOU FOR ALL LOSS CAUSED BY US OR OUR SERVICES UNDER THE SERVICEWISE WARRANTY
20.1 If you are a consumer:
we’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described below.
20.2 If you are a business:
nothing in this contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
20.3 Subject to clause 20.2 above our total liability to you arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to an amount equivalent to 100% of the price paid for the ServiceWise Warranty.
20.4 Subject to clause 20.2 this clause specifies the types of losses that are excluded from any claims made in connection with this contract:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
21. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
21.1 How we use any personal data you give us is set out in our Privacy Notice: https://www.stuart-turner.co.uk/about-us/privacy-policy
22. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
22.1 Our complaints policy. Our Customer Service Team available on 0800 31 969 80 or, at [email protected] or at Stuart Turner, Market Place, Henley On Thames, Oxfordshire, RG9 2AD will do their best to resolve any problems you have with us or our services.
22.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and you live in Wales, Scotland or Northern Ireland, you can bring claims against us in the courts of the country you live in and we can claim against you in the courts of the country you live in. If you are a business, we will bring claims against you in the English courts.
23. OTHER IMPORTANT TERMS APPLY TO THIS CONTRACT
23.1 Transfer of warranty. If you are a consumer, we will only accept liability under the ServiceWise Warranty if the person seeking to rely on it is the original purchaser or can produce a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the ServiceWise Warranty to the new owner of the property in which the pump has been installed. We will be happy to supply a suggested specimen letter.
If you are a business, you are not permitted to transfer the ServiceWise Warranty to a third party.
23.2 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
23.3 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
23.4 Entire agreement. If you are a business, these terms and the terms form the entire agreement between you and us in relation to the warranty. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the same.