PRODUCT DISCLAIMER
Product Disclaimer
1. Definitions
In this disclaimer:
“Company” means EAST MIDLANDS WATER.COM LIMITED, registered in England and Wales under company number 03663830, with its registered office at 2 Cannock Street, Leicester, Leicestershire, LE4 9HR.
“Consumer” means an individual purchasing mainly for personal rather than business purposes.
“Customer” means any Consumer, business, organisation or other person purchasing a Product from the Company.
“Product” means any goods, water-treatment equipment, component, accessory, replacement part, filter, membrane, resin, lamp or consumable supplied by the Company.
2. General
This disclaimer applies to all Products unless expressly varied in writing.
It should be read alongside the Company’s Terms and Conditions, the relevant product description, installation instructions and any product-specific warranty.
Product-specific warranty terms will take precedence on warranty matters.
3. Statutory rights
Nothing in this disclaimer excludes or restricts:
- a Consumer’s statutory rights;
- liability for death or personal injury caused by negligence;
- liability for fraud or fraudulent misrepresentation;
- liability under applicable defective-product legislation; or
- any liability which cannot lawfully be excluded.
Any commercial warranty is provided in addition to a Consumer’s statutory rights.
4. Product suitability
Products must only be used for the applications and water conditions stated in the relevant product information.
The Customer is responsible for providing accurate information about the intended use, water source, water quality, pressure, flow rate, plumbing and required treatment result.
All Products are sold or supplied for use on water supplies only, and should not be used for any other purpose. The Customer of any Product is continually responsible for the thorough verification of the potential risks associated with and suitability for the use of the Product.
Any advice or recommendation provided by the Company is based on the information supplied by the Customer.
Unless expressly confirmed in writing for a specific Customer, Product and application, a recommendation does not guarantee suitability or a particular result.
5. Water quality and treatment results
Water-treatment performance can vary significantly depending on factors including:
- incoming water quality and contaminant levels;
- hardness, pH, dissolved solids, turbidity and temperature;
- water pressure, flow rate and usage;
- plumbing configuration and installation quality;
- maintenance and replacement intervals;
- the condition of filters, membranes, resin, lamps and other treatment media; and
- changes in the incoming water supply.
The same Product may therefore produce different results in different installations or at different times.
Where treatment of a specific contaminant or achievement of a defined water-quality result is important, the Customer should obtain a recent representative water analysis before purchase and arrange appropriate testing after installation.
Taste, smell, appearance or a total dissolved solids reading alone does not confirm that water is safe to drink or that a particular contaminant has been removed.
6. Performance claims
Any contaminant-reduction percentage, flow rate, capacity, service life, efficiency figure or expected result applies only to the Product and conditions stated.
Manufacturer data may have been produced under controlled conditions which may not reflect actual domestic or commercial installations.
Unless expressly stated as a guaranteed minimum or maximum under defined conditions:
- performance figures are guidance only;
- “up to”, “typical”, “approximately” and similar terms are estimates rather than guarantees;
- a stated percentage reduction does not guarantee a particular final contaminant level;
- a stated filter life or treatment capacity may be reached earlier or later; and
- no Product should be assumed to remove a contaminant that is not expressly identified in its product information.
Words such as “removes”, “reduces”, “filters”, “treats” or “purifies” apply only to the stated contaminants and operating conditions and do not necessarily mean complete removal.
7. Private supplies and health-related applications
A Product intended for municipally supplied water must not automatically be treated as suitable for private, untreated or microbiologically unsafe water.
Private supplies may require testing, risk assessment, pre-treatment, disinfection, monitoring and more than one treatment stage.
Unless expressly confirmed in writing, the supply of a Product does not certify that treated water:
- is potable;
- meets a particular legal or technical standard;
- is suitable for a medical, dental, laboratory, food-production or other regulated use; or
- is safe for a particular person, animal, appliance or process.
8. Installation
Products must be installed, commissioned and operated in accordance with the supplied instructions and applicable plumbing, electrical, water and safety requirements.
Where appropriate, installation must be carried out by a competent or suitably qualified person.
Unless installation is expressly included in the Customer’s order, the Company supplies the Product only and is not responsible for the workmanship or advice of an independent installer.
Subject to the statutory protections above, the Company is not responsible to the extent that loss, damage, leakage or poor performance is caused by:
- incorrect installation or commissioning;
- unsuitable plumbing, drainage, pressure or electrical supply;
- unauthorised modification;
- incompatible components;
- use outside the stated operating conditions; or
- failure to follow the supplied instructions.
9. Maintenance and consumables
Products must be inspected, serviced, sanitised and maintained as stated in the relevant instructions.
Filters, membranes, resin, UV lamps and other consumables may require replacement earlier than an advertised time or volume where water conditions or usage are more demanding.
Failure to carry out required maintenance may reduce performance and may affect any applicable commercial warranty.
Normal depletion or exhaustion of a consumable is not, by itself, a manufacturing defect.
10. Product information and changes
Product descriptions, photographs, colours, drawings and dimensions are provided for guidance but do not permit the Company to supply a Product which materially differs from its agreed description.
Manufacturers may make non-material changes to appearance, packaging or components where these do not materially affect compatibility, safety, function, performance or value.
Customers should check current dimensions, connections and technical requirements before installation or carrying out associated building or plumbing work.
11. Certifications and approvals
Any certification, test result or approval applies only to the exact Product, component, version, application and conditions identified in the relevant documentation.
Certification of a component does not mean that the complete installation or treated water is certified.
No Product should be treated as approved by a regulator, government body or certification organisation unless the relevant product information expressly states the approval and its scope.
12. Product warranties
Warranty periods and coverage differ between Products.
The applicable commercial warranty is the warranty supplied or published for the relevant Product at the time of purchase.
A commercial warranty may distinguish between parts, labour, consumables, collection, on-site work and return-to-base cover.
No employee, agent or third-party installer may vary a commercial warranty unless the variation is expressly confirmed in writing by the Company.
13. Third-party installers and resellers
Independent installers, contractors and resellers are not agents of the Company unless expressly confirmed otherwise in writing.
The Company is not responsible for additional promises, guarantees, system designs or performance claims made independently by a third party without the Company’s written authority.
14. Liability
Where the Customer is a Consumer, the Company remains responsible for foreseeable loss caused by its breach of contract or failure to use reasonable care and skill.
Subject to the statutory protections in section 3, the Company is not responsible to the extent that loss or unsatisfactory performance is caused by:
- inaccurate or incomplete information supplied by the Customer;
- incorrect installation, use or maintenance;
- exhausted consumables;
- third-party workmanship;
- changes in incoming water quality, pressure or supply;
- external electrical failure, flooding, frost or water hammer; or
- failure to act reasonably after a leak, alarm, warning or known fault.
Any separate exclusions or financial limits applying to Business Customers are set out in the Company’s Terms and Conditions.
15. Governing law
This disclaimer is governed by the law of England and Wales.
Business Customers submit to the exclusive jurisdiction of the courts of England and Wales.
16. Changes
The version of this disclaimer in force when an order is placed will apply to that order.
The Company may update this disclaimer prospectively where necessary.