TERMS AND CONDITIONS
TERMS AND CONDITIONS
1. DEFINITIONS
1.1 EMWC
East Midlands Water.com, a private company limited by shares and incorporated under the laws of England and Wales under the registered company number 03663830 whose registered office is 2 Cannock Street, Leicester, Leicestershire, LE4 9HR and shall include any subsidiaries of the Company or its authorised contractors.
1.2 Consumer/Customer
Refers to the individual, company, partnership or other organisation that purchases the Goods from EMWC. It does not include any third party who may ultimately use the product.
1.3 Goods
Refers to any product sold or supplied by EMWC, including products developed by EMWC or purchased from third-party suppliers.
1.4 Terms
These Terms and Conditions govern the contract between EMWC and the Consumer for the supply of all Goods by EMWC. Any variation to these Terms and Conditions shall only be valid if agreed in writing by EMWC.
1.5 Formation of the Contract
The contract between EMWC and the Consumer shall be formed when one of the following events occurs, depending on the method used to place the order:
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Online orders: When the Consumer confirms payment for the Goods listed in their online shopping basket on the EMWC website.
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Telephone orders: When the Consumer provides their payment details and authorises their use to the EMWC representative handling the order.
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Face-to-face orders using an electronic payment system: When the Consumer provides their payment details and authorises their use.
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Face-to-face orders using an order form: When the Consumer signs the order form. Placing an order using an order form does not exclude or override these Terms and Conditions, including those published on the EMWC website.
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Standing order mandates: When EMWC receives the completed standing order mandate from the Consumer.
1.6 Subject matter of the Contract
The Goods covered by the contract shall be determined as follows, depending on how the order is placed:
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Online orders: The Goods listed in the Consumer’s online shopping basket on the EMWC website.
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Telephone orders: The Goods requested by the Consumer and confirmed by the EMWC telephone operative.
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Order form orders: The Goods specified on the order form.
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Standing order mandates: The total quantity of Goods specified in the standing order mandate or any accompanying literature, regardless of whether delivery is made in stages.
1.7 Price and Payment
The price of the Goods shall be the price stated on the EMWC website, order form or standing order mandate, or quoted by an EMWC telephone operative, as applicable.
For orders placed through the EMWC website, using an order form or by telephone, payment is due immediately when the contract is formed.
For orders placed using a standing order mandate, payment shall be made in accordance with the terms set out in the mandate or any accompanying literature. If any payment is not made in accordance with these terms, that payment, together with any remaining payments that would otherwise become due at a later date, shall become immediately payable.
1.8 Supply Only and Technical Support
East Midlands Water (EMWC) operates on a supply-only basis. EMWC does not provide installation services or on-site fault-finding services at the Consumer’s premises following installation. EMWC accepts no responsibility for installation or fault-finding services carried out by third parties.
Requests for technical assistance shall be handled by EMWC’s Technical Service Team, and the support provided by that team shall be the sole remedy available from EMWC in relation to such requests.
2 DELIVERY, PACKING AND HANDLING
2.1 Delivery Dates
All delivery dates are estimates only. EMWC shall not be liable for delivery delays or any resulting costs, except where liability cannot lawfully be excluded. Time shall not be of the essence for delivery.
2.2 Delivery Arrangements
EMWC shall determine the delivery method at its discretion and arrange delivery to the destination specified by the Consumer, on or as close to the estimated delivery date as reasonably practicable.
2.3 Deliveries Outside Normal Hours
EMWC’s normal delivery hours are Monday to Friday, 08:30–18:00. Deliveries requested outside these hours may incur an additional charge reflecting the actual cost charged by the delivery agent. Any such charge will be advised when the order is confirmed.
2.4 Completion of Delivery
Delivery shall be deemed complete when the Goods have been delivered to the destination specified by the Consumer.
2.5 Non-Delivery
Where delivery has been agreed for a specific date and the Consumer believes the Goods have not been delivered, the Consumer must notify EMWC within three working days of the agreed delivery date.
EMWC shall not be responsible for loss of Goods where this notification period has not been observed, to the extent permitted by law. Courier tracking information is provided by third parties, and EMWC cannot guarantee its accuracy in cases of alleged non-delivery or incorrect delivery.
2.6 Card Payments and Delivery Address
Where payment is made or is to be made by debit or credit card, EMWC reserves the right to deliver the Goods only to the registered address of the cardholder.
2.7 Failure to Accept Delivery
If the Consumer is unable to accept delivery when the Goods are ready for delivery, EMWC may arrange storage at the Consumer’s expense. The Consumer shall be liable for reasonable storage costs, including insurance.
If the Goods remain undelivered for six months from the date the order was placed and the contract formed, EMWC reserves the right to dispose of them after giving 30 days’ notice of its intention to do so. This does not affect any other rights EMWC may have arising from the Consumer’s failure to accept delivery or pay for the Goods in accordance with the contract.
2.8 Packing and Insurance
EMWC reserves the right to apply packing and insurance charges where necessary to protect the Goods during transit.
2.9 Refusal of Delivery
If the Consumer refuses delivery, EMWC reserves the right to recover the full cost of the attempted delivery and the cost of returning the Goods. Where a refund is due, these charges may be deducted from the refund, subject to applicable law.
Where delivery is to a third party, the Consumer is responsible for ensuring that the recipient is aware of the delivery arrangements. If the third party refuses delivery, the full delivery and collection costs may be deducted from any refund due to the Consumer, subject to applicable law.
Following a third party’s refusal of delivery, EMWC reserves the right to make subsequent delivery attempts to the address of the Consumer who placed the order.
2.10 Delivery and Shipping Offers
Any special delivery or shipping offers made by EMWC apply to UK mainland addresses only, unless otherwise stated. These offers exclude the Scottish Highlands and Islands, Jersey, Guernsey and the Channel Islands, the Isle of Man, Northern Ireland, Europe (including the Republic of Ireland) and the rest of the world.
2.11 Pallet Deliveries
Where Goods require pallet delivery (quarter, half or full pallet), EMWC will appoint a suitable courier.
The Consumer is responsible for ensuring that someone is available to accept delivery and that appropriate handling equipment, such as a forklift, is available where required. EMWC will endeavour to advise the Consumer of the delivery date but cannot guarantee a specific delivery time.
If delivery cannot be completed because the Consumer or their nominated representative is unavailable or unable to accept the pallet, the Consumer shall be responsible for all costs incurred, including redelivery charges and any costs associated with returning the pallet to EMWC’s premises. If the Consumer fails to pay the applicable charges in full, EMWC reserves the right to deduct those charges from the original payment and withhold further delivery of the Goods.
3 BREAKAGES, DAMAGES AND INCORRECT ORDERS
The Consumer must notify EMWC of any visible damage, defects, incorrect Goods or missing items as soon as possible after delivery, by emailing customerservice@eastmidlandswater.com. Notification within 24 hours of receipt is requested to help EMWC investigate and resolve the issue promptly. Photographic evidence must be provided by email when requested.
EMWC may request evidence to help assess the issue. Failure to notify EMWC within 24 hours may affect our ability to investigate, but does not affect any statutory rights the Consumer may have.
In the event of Damaged Goods, where the consumer wishes to claim reasonable return postage costs, the Consumer must provide receipts as proof of expenditure and use a cost-effective return service appropriate to the item. EMWC reserves the right to refuse to reimburse unreasonable or excessive postage costs.
4 RETURNS and REFUNDS policy
4.1 Cancellation prior to despatch.
We understand that circumstances can change and you may no longer wish to proceed with your order. To help us manage cancellations efficiently, please follow the procedure below.
4.1.1. Cancelling Before Dispatch
If you wish to cancel your order before dispatch, please telephone us first on 0116 276 3334, followed by a confirmation email to returns@eastmidlandswater.com.
As orders are processed and dispatched quickly, we cannot guarantee that an email alone will be seen in time to stop your order. If your order has already been dispatched, delivery and return charges may apply, subject to your statutory rights.
4.1.2. Cancellation Fees and Costs
EMWC reserves the right to deduct reasonable cancellation costs from any refund where legally permitted. These may include payment processing and refund administration costs, as well as other direct costs incurred as a result of the cancellation.
Any cancellation charge will be proportionate to the costs reasonably incurred and will not exceed the amount legally permitted. Deposits or payments made in full for trade show orders may also be subject to reasonable cancellation charges on the same basis.
4.1.3. Orders with No Further Contact
Where six months have passed without contact from the Consumer following a cancellation request, EMWC reserves the right to review any outstanding deposit or payment. Any amount retained, including up to 50% of the amount paid, will be subject to the applicable contract terms and consumer protection legislation.
4.2 Cancellation After Receipt of Goods – 14-Day Cooling-Off Period
This section applies to Goods purchased through the EMWC website, by telephone or in a face to face situation with the assistance of an EMWC representative. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply.
4.2.1 Notifying EMWC of Cancellation
The Consumer must notify EMWC of their intention to cancel within 14 days of receiving the Goods by emailing returns@eastmidlandswater.com or by sending written notice by recorded delivery. Email is preferred to provide a clear record of the cancellation date and correspondence.
4.2.2 Condition of Returned Goods
The Consumer must take reasonable care of the Goods during the cancellation period. Goods should not be installed or used in any way.
Returned Goods must include all accessories, components and instruction manuals and, where reasonably possible, be returned in their original packaging. Goods must be returned in a condition that allows EMWC to assess their completeness and condition. EMWC reserves the right to inspect all returned Goods, including items described as unopened.
The Consumer is responsible for the cost of returning the Goods for Refund or Credit.
4.2.3 Returns Codes and Instructions
Once cancellation has been notified, EMWC will provide a returns code and return instructions. EMWC aims to issue the code within three working days of receiving the request. Returns codes are valid for 14 days from issue and apply only to the specific Goods authorised for return.
4.2.4 Use of Returns Codes
Consumers should use the returns code issued for the specific Goods being returned and follow the instructions provided. Unauthorised additional items may be held for collection by the Consumer, and the Consumer will be responsible for arranging their return.
4.2.5 Return Timescales
Goods must be returned within the applicable statutory period (14 days) or any extended period agreed by EMWC. Failure to follow the return instructions may delay processing, but will not remove statutory cancellation rights.
4.2.6 Unauthorised Returns
Goods returned without authorisation may be held for collection. EMWC will contact the Consumer where reasonably possible to arrange collection or return. Any disposal of uncollected Goods will be subject to applicable law and reasonable notice. Goods returned without authorisation will remain the property of the Consumer.
4.2.7 Return Shipping and Insurance
The Consumer is responsible for arranging a safe and reliable return service and should retain proof of postage and delivery. The Consumer should consider suitable insurance for the returned Goods. EMWC cannot accept responsibility for Goods that do not arrive, or that arrive damaged, where this results from the return transit arrangements made by the Consumer.
4.3 Partial Returns
Where Goods are purchased as part of a promotional or discounted package, and the Consumer wishes to retain certain items, EMWC reserves the right to charge the normal retail price for the retained items.
4.3.1 Partial Returns of Discounted Packages
Where a Consumer returns only part of a discounted package, any refund due for the returned items will be based on the discounted price paid for those items, not their full retail price.
EMWC reserves the right to require the return of the complete package to qualify for a refund. If the Consumer retains any items, EMWC may recalculate the price of the retained items at their normal retail prices and deduct any resulting difference from the refund due.
The same principle applies where an item included in a discounted package is not supplied and is subsequently cancelled by either the Consumer or EMWC. Any adjustment to the price or refund will reflect the applicable package terms and consumer rights.
4.3.2 Return Administration Fees
EMWC reserves the right to charge a return administration fee of up to 5% of the value of the items being returned, where contractually agreed and legally permitted. Any fee must be fair, proportionate and reflect reasonable costs incurred, such as inspection, reboxing and payment processing. The fee will not automatically apply solely because packaging has been opened.
4.4 Refund Processing
EMWC aims to process refunds within 14 business days of the returned Goods being inspected, checked and confirmed as suitable for return to stock. Courier confirmation of delivery does not start the refund processing period.
Processing times may be affected by Christmas, Easter, bank holidays and other public holidays. All refunds remain subject to the applicable return conditions in Section 4 and statutory consumer rights.
4.5 Refusal of Delivery
Where the Consumer refuses delivery, EMWC reserves the right to deduct reasonable delivery and return transportation costs from any refund.
4.6 Subscription Service (Automatic Replenishment)
The Consumer is responsible for cancelling their automatic replenishment subscription. At least 48 hours’ notice must be given before the next scheduled order to prevent dispatch.
Where cancellation is received less than 48 hours before dispatch, the Consumer may be responsible for associated delivery and return costs, including costs arising from refusal of delivery.
4.7 Exemptions and Special Return Conditions
Certain Goods and transactions are subject to specific return conditions, as set out below. These conditions do not affect any statutory rights that cannot legally be excluded.
4.7.1 Trade Shows and Face-to-Face Purchases
Purchases made at trade shows or other face-to-face sales events are not generally subject to the 14-day cooling-off period applicable to distance sales. Returns or refunds for change of mind will not normally be accepted unless agreed by EMWC.
Where a specific return arrangement is agreed at the time of purchase, an authorised EMWC employee must record this against the order. Retrospective requests to add such an agreement will not be accepted.
This clause does not affect the Consumer’s statutory rights.
4.7.2 Bespoke and Special-Order Goods
Goods made to the Consumer’s specifications or clearly personalised cannot normally be returned for a change of mind, unless faulty or otherwise required by law.
Where a fault is reported, EMWC may carry out reasonable inspections and testing. Any remedy will be provided in accordance with the Consumer’s statutory rights.
4.7.3 Sealed Goods for Health and Hygiene Reasons
Returns of sealed Goods that are unsuitable for return for health protection or hygiene reasons may be refused where the relevant legal exemption applies and the protective seal has been broken.
This may include reverse osmosis (RO) units, replacement filters and membranes where protective packaging has been removed, damaged or breached, subject to the applicable statutory requirements and the condition of the Goods.
4.7.4 Business-to-Business Transactions
For business-to-business purchases, EMWC reserves the right to charge a reasonable restocking and rehandling fee of up to 35% of the order value, where permitted by the contract and applicable law.
Where a business customer refuses delivery as described in Section 4.5, actual delivery and return transportation costs may be deducted from any refund due, including where no delivery charge was made at the point of sale.
4.7.5 Returning Goods in Person
Goods may be returned in person to EMWC’s premises in Leicester, provided the returns procedure has been followed and a valid returns code has been obtained.
Returns may be handed to an EMWC employee between 10:00 am and 4:00 pm, Monday to Friday. Goods must not be left unattended. Refunds will not be issued at the time of return and will be processed in accordance with Section 4 of these Terms and Conditions.
4.7.6 Purchases Made Using EMWC Account Credit
Goods purchased using EMWC account credit are not eligible for a change-of-mind refund or credit reversal. This does not affect statutory rights relating to faulty, misdescribed or incorrectly supplied Goods.
4.7.7 Goodwill Returns
In exceptional circumstances, EMWC may agree, at its discretion, to accept a return as a goodwill gesture. Such acceptance does not establish an automatic right to a refund in other cases.
The Consumer is responsible for the cost of returning the Goods unless otherwise agreed. Where legally permitted, EMWC may deduct reasonable and proportionate costs associated with the return, including restocking, payment processing and refund administration. Any deduction of up to 35% of the original order value must be justified by the circumstances and costs involved.
Goodwill arrangements do not affect any statutory rights the Consumer may have.
4.7.8 Customers with Disabilities, Medical Conditions or Additional Requirements
EMWC aims to treat all customers fairly and make reasonable adjustments where required and practicable.
Consumers are encouraged to tell EMWC before purchase about any relevant requirements that may affect product suitability, safe use, handling, storage, accessibility, packaging or delivery arrangements. This enables EMWC to consider appropriate assistance and adjustments.
Consumers should provide accurate information relevant to their requirements. However, failure to disclose a disability, medical condition or other personal circumstance does not automatically remove or limit EMWC’s legal obligations or the Consumer’s statutory rights.
Requests for reasonable adjustments will be considered individually, taking account of safety, practicality and proportionality.
Any personal information provided will be handled in accordance with applicable data protection legislation.
5 STANDING ORDER PAYMENTS
Where a Consumer pays for Goods or services by standing order, the agreement will remain in place until cancelled in writing by the Consumer.
The account holder or their authorised legal representative is responsible for cancelling the standing order with their bank.
Any payments received for Goods or services that are subsequently cancelled will be held on the Consumer’s account and may be used towards future purchases. Refunds cannot be made against these payments.
6 CUSTOMER OFFERS
EMWC may offer customer loyalty schemes that provide account credit in return for reusable items being returned for recycling or reuse. These offers are subject to the following conditions:
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Condition of returned items: All parts and components of the item must be returned to qualify for the full loyalty offer. The item must be complete and in a suitable condition for reuse.
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Return costs: The Customer is responsible for arranging and paying for the return of the item to EMWC.
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Credit value: The value of the loyalty offer will be confirmed at the time of purchase and applied as credit to the Customer’s account. No cash alternative is available.
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Eligibility limits: Offers may be subject to restrictions, including the price paid for the original item. For example, where a whole-house filter (BT65) has been purchased, the price paid for the unit must exceed £595 for the loyalty credit to apply. No loyalty credit will be available where the price paid is £595 or less.
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Combining offers: Loyalty schemes cannot be used in conjunction with other EMWC special offers unless expressly stated otherwise.
Free Gifts and Other Promotions
EMWC may also offer a free gift with an order. Free gifts are subject to management discretion, limited to one per Customer and may require a minimum order value.
Changes to Offers
EMWC reserves the right to amend, suspend or withdraw loyalty schemes, free gifts and promotional offers at any time, without prior notice. Any changes will not affect benefits or rights already agreed or accrued, or any statutory rights the Customer may have.
7 WARRANTY
If EMWC accepts faulty Goods for investigation, the Goods remain the Customer’s property during the investigation. If no fault is found, the Customer agrees to accept the Goods back and pay the return delivery costs. By sending Goods to EMWC under the Warranty Agreement, the Customer accepts these Terms and Conditions.
Warranty cover varies by product and may include parts, labour or both for a specified period. Water softener resin is not covered by any warranty. Warranties are non-transferable.
All EMWC warranties are return-to-base warranties. Customers are responsible for the cost of returning faulty Goods to EMWC for inspection, whether in or out of warranty.
Nothing in these terms affects the Customer’s statutory rights.
7.1 Warranty Cover and Conditions
EMWC will, at its discretion, repair or replace Goods or defective components free of charge during the applicable warranty period, where EMWC considers the fault to result from defective materials or workmanship. The warranty period will be confirmed when the contract is formed.
7.1.1 Conditions of Warranty
Warranty cover applies only where:
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The Goods are correctly sized for the application and purchased from EMWC.
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Installation complies with EMWC’s instructions and specifications, including water pressure and flow requirements.
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The Goods are used for normal domestic purposes with a municipal water supply.
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The Goods are maintained in accordance with EMWC’s instructions.
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The Goods have not been serviced, repaired, dismantled or tampered with by anyone not authorised by EMWC.
7.1.2 Warranty Exclusions
The warranty covers only faults caused by defective materials or workmanship. It does not cover:
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Acts of God, normal wear and tear, or gradual deterioration in performance.
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Incompatible equipment, unsuitable applications or environments, incorrect installation, storage, operation or use.
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Moisture, fluid or foreign-body ingress, physical or electrical stress, incorrect electrical supplies or lightning strikes.
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Accidental damage, negligence, misuse or failure to carry out routine servicing and maintenance.
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Consumable items or parts and consumables not approved by EMWC.
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Unauthorised modifications, incorrect adjustments, or repairs or servicing by persons not authorised by EMWC.
EMWC reserves the right to refuse or withdraw warranty or service cover where these conditions are not met, subject to the Consumer’s statutory rights.
7.2 Replacement Goods
Where EMWC replaces Goods instead of repairing them, the replacement will be treated as a like-for-like replacement, and the remaining warranty period will transfer to it.
Subject to availability, EMWC may supply a fully refurbished replacement unit. If this is unavailable, EMWC may provide an alternative model of the same or higher specification.
Ownership of the replacement Goods will pass to the Consumer, and ownership of the replaced Goods will pass to EMWC.
Nothing in these warranty terms limits the Consumer’s statutory rights. EMWC reserve the right to withdraw/discontinue any warranty/service activity should any of the situations covered in 7.1, 7.1.1, or 7.1.2 are invoked.
7.3 Goods Lost or Damaged in Transit
The Customer is responsible for arranging the return of Goods to EMWC for repair or investigation. Customers should use secure packaging and a suitable courier, with insurance to cover loss or damage during transit. EMWC cannot accept responsibility for loss or damage occurring while Goods are in transit to our premises, subject to applicable law.
7.3.1 Replacement Goods
Where Goods are replaced instead of repaired, the replacement will be like-for-like, not necessarily new for old, and the remaining warranty period will transfer to the replacement.
Subject to availability, EMWC may supply a refurbished unit. If this is unavailable, an alternative model of the same or similar specification may be provided.
Ownership of the replacement Goods will pass to the Customer, and ownership of the replaced Goods will pass to EMWC.
7.4 Warranty Remedy
Under this warranty, EMWC’s remedy is limited to repairing or replacing the Goods or defective parts, excluding water softener resin. This does not limit any statutory rights or remedies that cannot legally be excluded.
7.5 Warranty Eligibility
This warranty applies only to the original purchaser from the date of purchase. Proof of purchase must be provided, and the warranty is non-transferable. Warranty services are provided within the UK only.
All EMWC warranties are return-to-base warranties.
7.6 Exclusions and Service Limitations
EMWC does not cover installation, removal, reinstallation, call-out, collection or delivery charges associated with repairs or replacements. EMWC is not responsible for losses caused by delays in providing warranty services.
EMWC does not provide a loan or replacement unit while the Customer’s Goods are being investigated or repaired.
EMWC reserves the right to amend or withdraw additional services offered from time to time, subject to applicable law and any existing contractual or statutory rights.
For products purchased or installed outside the UK, the Customer will normally be responsible for the cost of returning the Goods to EMWC and having them returned to their address. This may also apply to requests for technical assistance or fault investigations, depending on the circumstances and the outcome.
The Customer is responsible for ensuring the Goods are securely packaged and appropriately insured during transit, particularly when shipping from outside the UK.
The Goods remain the property of the Customer during any fault investigation carried out by EMWC
7.9 Fault Not Found
Where EMWC investigates Goods and finds no fault, the Customer is responsible for return costs, including packaging, insurance and transport. Where applicable, EMWC will charge for investigation labour, storage and disposal if the Customer declines to accept the return of their Goods.
7.10 Warranty Exclusions
The warranty does not cover the following:
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Incorrect installation: Goods not installed in accordance with EMWC’s instructions or applicable local regulations.
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Wear and consumables: Parts that wear out through normal use, including filters, lamps and other items requiring routine replacement.
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Usage limits: Equipment used beyond the specified time period or operating hours advised by EMWC.
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Unauthorised equipment or parts: Equipment or components not supplied by EMWC or an approved UK or Ireland reseller.
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Missed or incorrect maintenance: Required replacement parts that have not been fitted, have been fitted incorrectly, are the wrong parts, or have not been replaced within the specified timescales.
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Damage or misuse: Damage caused by transport, neglect, improper use, foreign objects or failure to maintain the equipment correctly. For water softeners, this includes failing to add salt or using the wrong type of salt.
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Installation faults: Faulty plumbing or electrics, or installation that does not meet applicable regulations.
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Restricted access: Installations that prevent safe access for servicing or removal, including where a bypass facility is required but not fitted. The Customer may need to arrange any necessary modifications before the unit can be removed for warranty work.
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Programmer resets: Resetting or reprogramming following a power failure, incorrect programming, changes in water hardness or changes in household occupancy.
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Location and environment: Units installed outside mainland UK or exposed to extreme conditions without suitable protection.
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Commercial use: Units used in commercial premises unless specifically configured and sold for commercial use, with this recorded on the original order.
Where these exclusions apply, EMWC may decline warranty cover and charge for necessary repairs, including parts and labour, where permitted by law.
Any fault caused by incorrect installation or operation rather than a defect in the Goods may be chargeable, whether or not the issue can be rectified.
Nothing in this warranty affects the Customer’s statutory rights.
7.10.3 Warranty Period and Product Life
Each EMWC product has a specific warranty period, which may differ from its expected lifespan. Warranties are non-transferable and apply only to the original purchaser, subject to applicable law.
7.11 Municipal Water Supply
EMWC products are designed for use with municipally supplied and treated water. EMWC is not responsible for damage caused by changes in water pressure, water supplier maintenance or foreign bodies entering the water supply.
Where water supply conditions may damage equipment, EMWC recommends fitting suitable protection, such as shock arrestors where appropriate.
7.12 Labour Costs for Repairs
Repairs outside warranty, or work not covered by warranty, are charged at £65 per hour plus VAT.
By sending Goods to EMWC for investigation or repair, the Customer agrees that EMWC may proceed with work costing less than 30% of the current retail price of a replacement unit. If costs are expected to exceed 30%, EMWC will provide an estimate before proceeding.
Customers who require an estimate before any work begins must request this in writing when arranging the return.
All charges remain subject to the applicable warranty terms and statutory rights.
7.13 Faulty Goods and Statutory Rights
Where Goods develop a fault, EMWC will provide the repair, replacement, refund or other remedy required by applicable consumer law.
The Consumer Rights Act 2015 may allow a repair or replacement in the first six months, subject to the circumstances and statutory exceptions. After six months, the Consumer will need to provide evidence that the fault was present or developing at the time of delivery.
8 REJECTION OF GOODS BY THE CONSUMER AFTER INSTALLATION
Where a Consumer reports that a water treatment product is faulty within the first six months, EMWC will inspect the product and provide an appropriate remedy in accordance with the Consumer Rights Act 2015. This may include repair, replacement or, where legally required, a refund.
After the first six months, the Consumer may be required to provide evidence that the fault was present or developing at the time of delivery.
9 DISCLAIMER
EMWC products are supplied for use with water supplies only and must not be used for other purposes. Customers are responsible for checking that products are suitable for their intended use and installation.
Unless EMWC confirms suitability in writing for a specific product and Customer, any advice or recommendation is provided as guidance only. Nothing in these terms excludes or limits any warranty or liability that cannot legally be excluded.
9.1 Product Recommendations
EMWC recommendations are based on information provided by or on behalf of the Customer and represent our opinion based on that information. Customers should check that the recommended product meets their requirements before purchasing.
Any recommendation does not guarantee suitability for a particular purpose unless confirmed in writing. EMWC does not independently assess every product for every possible use or risk.
9.2 Assistance with Products Not Supplied by EMWC
Any advice or assistance provided for products not supplied by EMWC is given in good faith. Customers purchasing spare parts for such products do so on the basis that compatibility must be checked. If supplied parts prove incorrect, any refund will be considered in accordance with EMWC’s returns policy.
9.3 Orders Placed Online
Customers are responsible for checking that their online orders are correct before submitting them. EMWC will endeavour to assist if an incorrect item is ordered, but any return or exchange will be subject to the applicable returns policy and statutory rights.
9.4 Supply of Alternative Goods
Product images on EMWC’s website are for guidance only. Manufacturers may make changes to product appearance, and EMWC may supply an alternative version where it has the same functionality and specification. If a specific model or appearance is required, the Customer must confirm this with EMWC when ordering.
Any alternative supplied must still comply with the contract and applicable consumer law.
9.5 Product Dimensions and Installation Space
Where available, product dimensions are provided on EMWC’s website. Customers must check that sufficient space is available for installation, taking account of existing plumbing and other fittings.
EMWC will correct any errors where possible. Responsibility for any costs arising from incorrect measurements will be assessed according to the circumstances and applicable law.
9.6 Goods Awaiting Payment or Collection
Where EMWC holds a Customer’s Goods for investigation, repair or maintenance and payment is due for work or return costs, EMWC will contact the Customer if payment remains outstanding.
If payment is not received, EMWC may issue written notice by email giving the Customer 30 days to resolve the matter or arrange collection. If the Goods remain unclaimed after this period, EMWC may consider disposal, subject to applicable law and any ownership rights. No disposal will take place where prohibited by law.
10. TITLE TO GOODS
Ownership of the Goods remains with EMWC until full payment has been received in cleared funds.
11. RISK
For deliveries to the Consumer, risk passes to the Consumer when the Goods are delivered, subject to applicable consumer law.
If the Consumer collects the Goods, risk passes on collection.
For returned Goods, risk passes to EMWC when the Goods are delivered to EMWC or collected by EMWC, as applicable.
12. DATA PROTECTION AND COOKIES
EMWC complies with applicable data protection law, including the UK GDPR and Data Protection Act 2018. We take appropriate measures to protect personal information against unauthorised access, loss or misuse.
We may collect and use information such as names, addresses, contact details, purchase records and communications to process orders, provide customer support and meet our legal obligations. We may also use personal information for other lawful purposes explained in our Privacy Policy.
Our website may use cookies to help it operate and understand how visitors use the site. You can manage cookies through your browser settings and, where applicable, our website’s cookie controls.
We only share personal information where permitted by law, such as with service providers who help us operate our business, process orders or provide services. We do not sell personal information to other websites.
If you follow a link to another website, that website’s own privacy policy will apply. Where permitted by law, we may receive information from other websites or services that direct you to us.
You may contact EMWC by email with questions about your personal information or this policy, or to ask about personal information we hold about you.
We may update this policy from time to time and will publish the latest version on our website.
We may contact customers about replacement products, maintenance or servicing relevant to equipment supplied by EMWC where we have a lawful basis to do so. Any marketing communications will be handled in accordance with applicable law.
13. USE OF THIS WEBSITE AND ITS CONTENT
The EMWC website and its content, including text, design, logos, graphics, icons and images, belong to EMWC or are used with permission and are protected by applicable intellectual property laws.
You may download or print material expressly provided for download for your personal use. You must not remove copyright, trade mark or other ownership notices, or reproduce, modify or use website content commercially without EMWC’s written permission.
Technical information downloaded from our website remains subject to these Terms and Conditions.
EMWC reserves the right to take appropriate action where its Terms and Conditions or other protected content are copied or used without permission.
14. GENERAL
These Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales will have jurisdiction, subject to any mandatory rights the Consumer may have to bring proceedings elsewhere.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.
Words in the singular include the plural and vice versa, where the context allows.
All orders are subject to acceptance by EMWC and these Terms and Conditions. Orders placed through our website or by telephone are covered by these Terms and Conditions. For telephone orders, EMWC will send an email confirming the order.
EMWC may update these Terms and Conditions from time to time. The version applicable to an order will be the version in force when the order is placed, unless a change is required by law or otherwise agreed with the Consumer. Changes to the website or these Terms and Conditions will not remove any rights already acquired by the Consumer.
By placing an order, the Customer confirms that they have had the opportunity to read these Terms and Conditions. Nothing in these Terms and Conditions affects the Consumer’s statutory rights.
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