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Aqua Moda is a trading name of diy 2 go Limited a company registered in England & Wales under number 5050601
Customer means the person, firm or company placing an order with Aqua Moda.
Contract means the contract for the supply Goods formed by Aqua Moda’s acceptance (which, however made or communicated, shall be deemed made subject to these Conditions) of the Customer’s order.
Goods means all the goods or services which are the subject of the Customer’s order and which are to be supplied to the Customer by Aqua Moda subject to these Conditions of Sale.

2 Formation of Contract

2.1 All Goods sold by Aqua Moda are sold subject to these Conditions of Sale and these Conditions of Sale shall be the sole terms and conditions of any sale by Aqua Moda to the Customer.  Terms and conditions on the Customers order form or other similar document shall not be binding on Aqua Moda and the placing of an order for or the acceptance of the Goods by the Customer shall indicate unqualified acceptance of these Conditions of Sale.

2.2 No representative, agent or sales person has the authority of Aqua Moda to vary, amend or waive any of these Conditions of Sale on behalf of Aqua Moda and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by Aqua Moda.

3 Quotations

The prices, quantities and delivery times stated in any quotation are not binding on Aqua Moda.  They are commercial estimates only which Aqua Moda will make all reasonable efforts to achieve.

4 Specifications
All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods whether included in the Aqua Moda catalogue, web site or otherwise are given by Aqua Moda in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the Contract.

5 Orders and delivery  

5.1 Orders are accepted by Aqua Moda subject to the availability of Goods for delivery.

5.2 Delivery is deemed to be complete

5.2.1 In the case of transport arranged by Aqua Moda, at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading

5.2.2 In the case of goods to be collected by the Customer or the Customers carrier, the earlier of the date notified to the Customer by Aqua Moda when the Goods are available for collection or the actual time and date when the Goods are loaded onto the Customers carrier

5.3 Times and dates named by Aqua Moda for delivery are intended as estimates only and whilst Aqua Moda will use all reasonable efforts to meet such delivery dates, it shall not be liable to the Customer for any loss or damage, whether direct, indirect or consequential if it is delayed or prevented, in whole or in part, from delivering the Goods, and the Customer will not be entitled to rescind the contract for late delivery whether or not such delay in delivery is caused by the fault of Aqua Moda

5.4 If the Customer refuses or fails to take delivery of the Goods on the date of delivery, Aqua Moda will be entitled at its discretion to store the Goods at the risk of the Customer and the Customer shall in addition to the price payable under clause 7 pay all costs and expenses of such storage and any additional costs of carriage incurred.

5.5 Unless otherwise agreed, delivery of Goods within mainland UK will be made at the cost of the Customer to the address specified in the Customer’s order by any method of transportation regarded as suitable by Aqua Moda at its discretion and delivery of Goods destined for export outside the UK will be as stated in the Contract.

5.6 The Customer shall provide at the address specified for delivery, and at its expense, adequate and appropriate equipment and manual labour for unloading the Goods.

5.7 The Aqua Moda reserves the right to deliver in instalments at its discretion.

5.8 All Goods must be inspected by the Customer immediately on delivery.  If any Goods are damaged or lost or if there has been short delivery, the Customer must endorse the consignment note accordingly and submit a detailed written claim to the carrier within 3 days of delivery of the Goods and supply a copy of such claim to Aqua Moda within 7 days of delivery of the Goods.  The Customers signature on the consignment note without any such endorsement shall release Aqua Moda from any liability in respect of damage or loss in transit or short delivery.

6 Risk

Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods in accordance with clause 5

7 Price

7.1 The price payable for the Goods shall be as stated on the Aqua Moda price list or quotation relating to the Goods unless otherwise stipulated in writing by Aqua Moda but Aqua Moda reserves the right to alter its prices without prior notice to the Customer.

7.2 The price is exclusive of the cost of delivery in accordance with clause 5.2 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price for the Customer’s account unless otherwise stipulated in writing by Aqua Moda.

8 Payment

8.1 Unless clause 8.2 below applies, payment is due prior to delivery and may be recovered by Aqua Moda whether or not actual delivery or collection of the Goods has occurred.

8.2 Where credit terms have been agreed in writing by Aqua Moda, the Customer shall make payment for the Goods in pounds sterling on or before the 25th day of the month following the date of invoice.

8.3 If payment is not made when due then Aqua Moda may, without prejudice to its other rights, charge interest at an annual rate of 4 per cent above the current base rate of Royal Bank of Scotland Plc to be calculated on a day to day basis on the balance outstanding until payment is made in full.

8.4 The Customer shall not purport to set off or withhold any payments claimed or due to Aqua Moda under this or any other contract.

9 Title and lien

9.1 Aqua Moda shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Customer.  If payments received from the Customer are not stated to refer to a particular invoice Aqua Moda may appropriate such payments to any outstanding invoice.

9.2 If any of the Goods owned by Aqua Moda are attached to, mixed with or incorporated into any other goods not owned by Aqua Moda so that the Goods in question are not separate from the resulting composite or mixed goods, then immediately upon manufacture all such composite or mixed goods shall belong to Aqua Moda absolutely and not by way of charge until the Goods have been paid for in full or until Aqua Moda recovers possession of and resells sufficient of the composite or mixed goods to discharge the purchase price in full and Aqua Moda’s costs recovered, any excess to be accounted for to the Customer.

9.3 Until payment of the purchase price the Customer shall be the bailee of the Goods for Aqua Moda and the Goods shall be stored separately from any Goods which belong to the Customer or any third party, and shall be clearly marked and identifiable as being Aqua Moda’s property.

9.4 Aqua Moda hereby licences the Customer to sell, as Aqua Moda’s agent and bailee Goods which belong to Aqua Moda.  All monies received from any such sale shall be held on trust to settle any sums due in respect thereof to Aqua Moda and pay any balance to the Customer.  Such monies shall be placed to the credit of a separate fiduciary bank account which shall not be permitted to become overdrawn and shall not be released to the Customer until payment for the Goods has been received.

9.5 If the Customer fails to make any payment to Aqua Moda when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if Aqua Moda has reasonable cause to believe that any of these events is likely to occur, Aqua Moda shall have the right, without prejudice to any other remedies:

9.5.1 to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Customer under this or any other contract;

9.5.2 to require the Customer not to resell or part with possession of any Goods owned by Aqua Moda until the Customer has paid in full all sums owed by it to Aqua Moda under this or any other contract;

9.5.3 to withhold delivery of any undelivered Goods and stop any Goods in transit.

9.6 Unless Aqua Moda expressly elects otherwise, any contract between it and the Customer for the supply of Goods shall remain in existence notwithstanding any exercise by Aqua Moda of its rights under this clause 9.

9.7 The Goods shall, once the risk has passed to the Customer in accordance with clause 6 (Risk) or otherwise, be and remain at the Customer’s risk at all times unless and until Aqua Moda has retaken possession of them, and the Customer shall insure accordingly.

 

10.1 Aqua Moda warrants that the Goods will be of merchantable quality and reasonably fir for purpose for a period of 12 months from the date of delivery and Aqua Moda will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:

10.1.1 the Customer makes a full inspection of the Goods immediately upon delivery;

10.1.2 the Customer notifies Aqua Moda forthwith of any defects which it discovers;

10.1.3 the Customer has used the Goods in accordance with any instructions or recommendations of Aqua Moda;

10.1.4 the Goods have not been adjusted, altered, adapted or repaired by any party other than Aqua Moda;

10.1.5 the Goods are either made available to Aqua Moda for inspection or returned to Aqua Moda at the Customer’s own expense, as Aqua Moda may request.
10.2 In no circumstances shall Aqua Moda’s liability to the Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.

10.3 Aqua Moda shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Customer.

10.4 Aqua Moda shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by Aqua Moda.

10.5 Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title.  In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.

11 Liability

11.1 Aqua Moda shall under no circumstances be liable for any indirect, special or consequential loss (including, without limitation, loss of anticipated profit, loss of business, depletion of goodwill and similar loss or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if Aqua Moda has been advised of the possibility of such potential loss, except that in the case of contracts which are not international supply contracts as defined in section 26 Unfair Contract Terms Act 1977 Aqua Moda shall be liable for loss arising from death or personal injury resulting from the proven negligence of Aqua Moda and except that nothing in these Conditions of Sale shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product, or to a dependent or relative of such person.

11.2 The Customer shall fully indemnify Aqua Moda in respect of all actions, suits, claims, demands, costs, charges or expenses arising from damage to or destruction of property, personal injury or death whether caused by the negligence of Aqua Moda, its servants, agents or subcontractors in executing the Contract or howsoever caused, provided that in the case of contracts which are not international supply contracts (as defined above) the Customer shall not be liable to indemnify Aqua Moda in respect of any action, suit, claim, demand, cost, charge or expense arising from personal injury or death caused by the proven negligence of Aqua Moda.

11.3 All recommendations and advice given by or on behalf of Aqua Moda to the Customer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied are given without liability on the part of Aqua Moda.

11.4 Aqua Moda makes no representation or warranty that use of the Goods does not infringe the rights of any third party and Aqua Moda accepts no liability in this respect.

11.5 Nothing in these Conditions excludes or limits the liability of Aqua Moda for any matter which it would be illegal for Aqua Moda to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.

12 Regulations and labelling

The Customer shall be responsible for compliance with all relevant laws and regulations and for obtaining and maintaining at its expense any necessary import or export licences, customs clearance, exchange control consent or other authorisations and permits whatsoever and the Customer shall ensure that the Goods are at all times labelled in such a way as to ensure the safety which a person is entitled to expect from the Goods.

13 Termination

Should the Customer make default in any payment or otherwise be in breach of its obligations to Aqua Moda under the Contract or under any other contract with Aqua Moda, or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or should Aqua Moda have reasonable cause to believe that any of these events is likely to occur, Aqua Moda may, by notice in writing to the Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.

14 Assignment

14.1 The Customer shall not be entitled to assign, transfer or otherwise dispose the Contract or any part of it without the prior written consent of Aqua Moda.

14.2 References in these Conditions to a party shall, except where the context requires otherwise, include its successors in title and permitted assigns.

14.3 Unless the Contract expressly states otherwise:

14.3.1 a person who is not a party to the Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999; and
14.3.2 if a person who is not a party to the Contract is stated to have the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, the parties may rescind or vary the Contract (and any documents entered into pursuant to or in connection with it) without the consent of that person.

 

Aqua Moda shall not be liable to the Customer for any loss or damage caused to or suffered by the Customer as a direct or indirect result of the supply of the Goods by Aqua Moda being prevented, restricted, hindered or delayed by reason of any circumstances outside the reasonable control of Aqua Moda including, without limitation, circumstances affecting the provision of all or any part of the Goods by Aqua Moda’s usual source of supply or delivery or by Aqua Moda’s normal route or means of delivery.

16 Relationship between the parties

Nothing in these Conditions is to be construed as establishing or implying any partnership or joint venture between the parties, or as appointing any party as agent or employee of any other party.  No party shall hold out any other party as its partner or joint venturer.  Except, and to the extent, that these Conditions expressly states otherwise, no party may, incur any expenses or negotiate on behalf of any other party or commit any other party in any way to any person without that other party’s prior written consent.

17 Intellectual Property

17.1 In this clause “Intellectual Property” means patents, trademarks, service marks, rights (whether registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright, rights in and to software, rights in and to confidential information and know-how, rights in and to databases and all other intellectual property rights and similar property rights of whatever nature subsisting in any part of the world.

17.2 Each party acknowledges that the other owns Intellectual Property which has been independently developed and which relates to that party’s business or operations.  It is acknowledged that, save only as expressly agreed in writing by the parties, the Intellectual Property owned by either party will remain the exclusive property of the owning party.

18 Waiver

The failure of Aqua Moda to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect Aqua Moda’s right to enforce such provision later.

19 Severability

If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or unenforceability of such term or condition (or part thereof) shall not affect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all terms and conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.

20 Communications

20.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:

20.1.1 (in case of communications to Aqua Moda) to its registered office or such changed address as shall be notified to the Customer by Aqua Moda; or

20.1.2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to Aqua Moda by the Customer.

20.2 Communications shall be deemed to have been received:

20.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

20.2.2 if delivered by hand, on the day of delivery; or

20.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

20.3 Communications addressed to Aqua Moda shall be marked for the attention of the Directors.

21 Governing law

The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.

 

22 Copyright and use of our images and videos.

 

Images, videos and text on this site or in Aqua Moda published literature are copyright to diy2go Ltd. Please contact us if you wish to use one of our images or videos: use of our images or videos without our permission is theft. diy2go Ltd can offer all images / video clips for use to authorised customers free of charge, please contact us to request the use of our images. Alternatively, images and videos owned by diy2go Ltd may be hired for an initial fee of £1000 + VAT per image or video plus £100 + VAT per week per image or video. Your use of one of our images or videos on your website or literature without prior consent signifies your agreement to these terms and conditions. They constitute a contract between you and us governing your use of these images or videos.