SaferPond Terms and Conditions
Definitions and interpretation
- "Conditions" means the conditions set out in this document and (unless the context otherwise requires) includes any special conditions agreed in writing between the Customer and Saferpond LLC.
- "Contract" means the contract for the supply of the Goods formed upon the acceptance of the Quotation or Order, as appropriate.
- "Customer" means the person who accepts a written quotation from Saferpond for the supply of Goods (a "Quotation") or whose written order for Goods is accepted by Saferpond (an "Order").
- "Goods" means those goods (including any instalment of the same) or other services which Saferpond is to supply in accordance with these Conditions.
- "Saferpond" means Saferpond LLC.
- Saferpond supplies and the Customer purchases the Goods in accordance with any Quotation accepted by the Customer or Order accepted by Saferpond subject in either case to these Conditions which govern the Contract to the exclusion of any other terms including any which the Customer attempts to incorporate.
- Any advice or recommendation given by Saferpond, its employees or agents to the Customer as to the use of the Goods which is not confirmed in writing by Saferpond is acted upon at the Customer's own risk, and accordingly Saferpond will not be liable for any such advice or recommendation not so confirmed.
- Any error or omission in any sales literature, quotation, price list, invoice or other document or information issued by Saferpond is subject to correction without any liability accruing to Saferpond.
Orders and specifications
- No Order is deemed accepted by Saferpond unless confirmed in writing by an authorized representative of Saferpond. Where any Goods are to be supplied from stock, such supply is subject to availability of such Goods as at delivery.
- The Customer is responsible for ensuring the accuracy of the terms of any Order (including applicable specification) submitted by it, and for giving Saferpond any necessary information relating to the Goods within a sufficient time to enable Saferpond to perform the Contract in accordance with its terms.
- The quantity, quality and description of the Goods is set out on the accepted Quotation or Order, as appropriate.
- If any process is applied to the Goods by Saferpond in accordance with a specification submitted by the Customer, the Customer will indemnify Saferpond for all loss, damages, costs and expenses incurred by Saferpond in connection with any claim for infringement of any third party intellectual property rights resulting from Saferpond use of the Customer's specification.
- An Order may not be cancelled by the Customer without Saferpond written consent. The Customer will indemnify Saferpond against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Saferpond Direct Ltd as a result of any cancellation of such Order.
- The price of the Goods shall, unless agreed otherwise, be Saferponds list price at the date that the Order or Quotation, as appropriate, is accepted ("Price"). Subject to condition 4.2, any price quoted by Saferpond is valid for 90 days only or such other time specified in the Quotation, after which time the said price may be altered by Saferpond without notice.
- Saferpond may by giving notice to the Customer at any time before delivery, increase the Price to reflect any increase in the cost to Saferpond due to any factor beyond its reasonable control and including, without limitation, foreign exchange fluctuations, currency regulation, alteration of duties, increases in the costs of labour materials or manufacture, a change in delivery dates quantities or specifications for Goods requested by the Customer, delay caused by instructions of the Customer or a failure of the Customer to give Saferpond adequate information or instructions.
- Unless otherwise agreed in writing, Saferpond may invoice the Customer for the price of Goods on or at any time before or after their delivery, unless the Goods are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Goods, in which event Saferpond may invoice Customer for the price at any time after Saferpond has notified the Customer that the Goods are ready for collection or (as the case may be) Saferpond has tendered delivery of the Goods.
- Unless otherwise agreed in writing, the Customer will pay the Price (together with any other costs levied under condition 4) at the time of order. Saferpond may recover such price notwithstanding that delivery may not have taken place and title in the Goods not passed to the Customer. Time of payment of the Price is of the essence of the Contract. Receipts for payment will be issued upon request.
If the Customer fails to make any payment due under the Contract on its due date then, without prejudice to any of its other rights or remedies, Safapond Direct Ltd may:
- cancel the Contract or suspend any further deliveries to the Customer;
- appropriate any payment made by Customer to such of the Goods (or goods or services supplied under any other contract between the Customer and Saferpond as Saferpond may think fit notwithstanding any purported appropriation by the Customer; and
- charge the Customer interest (before and after any judgement) on the amount unpaid, at the rate of 5% per until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- Delivery of the Goods is made by the Customer collecting them from Saferpond's premises after Saferpond has notified the Customer that the same are ready for collection or, if some other place for delivery is agreed by Saferpond, by Saferpond delivering the Goods to that place. Where the Goods comprise services, delivery of such services will take place upon completion of the performance of such services.
- The estimated dates given by the Company for delivery of goods and/or the commencement and completion of services are genuine estimates given in good faith by Saferpond Direct Ltd and although Saferpond Direct Ltd will use its reasonable endeavors to comply with such estimates it shall not be liable to make good any damage or loss whether arising directly or indirectly out of any failure to meet the same. The Goods may be delivered in advance of the quoted delivery date upon Saferpond Direct Ltd giving reasonable notice to Customer. Goods will be delivered within 28 days of order, provided payment has been received.
- Where the Goods are to be delivered in installments, each delivery constitutes a separate contract and failure by Saferpond to deliver any one or more of the installments in accordance with these Conditions or any claim by the Customer in respect of any one or more installments will not entitle the Customer to treat the Contract as a whole as repudiated.
If the Customer fails to take delivery of the Goods or fails to give Saferpond adequate instructions for delivery then, without prejudice to any other of its rights or remedies, Saferpond may:
- store the Goods until actual delivery and charge the Customer for the reasonable costs of storage; or
- sell the Goods at the best price readily obtainable and (after deducting all reasonable expenses) charge the Customer for any shortfall below the price under the Contract.
- Time of delivery of goods or performance of services shall not be of the essence of the Contract.
Risk and title
Risk in the Goods passes to the Customer:
- where the Goods are collected from Saferponds premises by the Customer, when Saferpond notifies the Customer that the same are available for collection; or
- where the Goods are delivered by Safapond to some other location, on delivery or, if the Customer fails to take delivery of the Goods, when Saferpond has tendered delivery.
- Notwithstanding the passing of risk in the Goods, title in the Goods shall not pass to the Customer until Safapond has received in cash or cleared funds full payment of the price of the Goods and all other goods and/or services to be supplied by Saferpond to the Customer for which payment is then due.
- Cancellations and returns: You have the right to receive a refund within 30 days of cancellation. We normally pay refunds on receipt of the undamaged goods. We will make a deduction from the refund to cover the full cost of delivery. You are advised to retain the packaging. You will find it hard to return the item without appropriate packaging. The goods must not have been fitted, installed or used in anyway. The goods must be unmarked and free from blemishes of any kind, and you must return them in a saleable condition. We cannot accept the return of products which are damaged after delivery. When choosing a carrier to return your goods to us, you must make sure that Saferpond are allowed to open and inspect the contents when we receive them. Our warehouse will refuse delivery of the goods if the carrier will not allow them to inspect the goods, and they will be returned to you on your carrier. This could incur further costs for you. Returned items to us must be sent by recorded delivery. Your package will not be accepted unless we have had notification from you by writing that the goods are being returned.
- Risk in the Goods passes to the Customer:
Warranties and liability
Saferpond warrants that the Goods will correspond with their relevant specification at delivery and, where appropriate, will be free from defects in material and workmanship for a period of 5years from delivery. Saferpond shall have no liability under this condition 8.1:
- for any defect arising from any drawing, design or specification supplied by the Customer;
- for any defect arising from willful damage, negligence, failure to follow Saferponds instructions or recommendations, misuse alteration or repair of the Goods without Saferponds approval;
- if the price for the Goods has not been paid by the due date for payment.
- Any claim by the Customer based on a defect in quality or condition of the Goods or their failure to correspond with an appropriate specification (a "Claim") must (whether or not delivery is refused by the Customer) be notified to Saferpond within 7 days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, provided that Customer notifies Saferpond of such defect or failure within  month of delivery. If delivery is not refused and the Customer does not notify Safapond Direct Ltd accordingly then the Customer may not reject the Goods;
- Saferpond has no liability for such defect or failure, and the Customer is bound to pay the price as if the Goods had been delivered in accordance with the Contract. Where a valid Claim is notified to Safapond Direct Ltd in accordance with these Conditions, Safapond Direct Ltd may replace or re-perform the Goods (or part of the same) free of charge or refund to the Customer the Price, but shall have no further liability to the Customer.
- Except where death or personal injury is caused by Saferponds negligence, Saferpond is not liable to the Customer by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract, for any indirect, special or consequential loss or damage whether for loss of profit or otherwise (whether caused by the negligence of Saferponds, its employees or agents or otherwise) arising in connection with the supply of Goods. The entire liability of Saferpond in connection with the Contract shall not exceed the Price, save expressly provided in these Conditions.
- Saferponds obligations under the Contract will be suspended to the extent that it is prevented or hindered from complying with the same by any cause beyond its reasonable control. Saferpond will use reasonable endeavours to remedy such cause and will resume the performance of such obligations as soon as reasonably possible after the removal of the cause.Unless specifically agreed in writing by it, Saferpond shall have no responsibility whatsoever for the siting, installation, erection or commissioning of any Goods or for any supervision of the same. Irrespective of whether Saferpond is responsible for installing the Goods, the Customer is responsible for ensuring that the site for installation is suitable for the Goods in question and that all necessary consents and approvals for installation of the same have been obtained.
- Saferpond stress that for the highest level of protection the SaferDeck should be placed above the water surface. This is to ensure that the child does not come into contact with any dangerous water. Customers are reminded that when it comes to keeping young children safe, there is no substitute for adult supervision. Whilst placing the grid just under the water creates a more discreet appearance, the effect of this is that a degree of potentially dangerous water may exist for which Saferpond cannot be held responsible.
- Saferpond warrants that the Goods will correspond with their relevant specification at delivery and, where appropriate, will be free from defects in material and workmanship for a period of 5years from delivery. Saferpond shall have no liability under this condition 8.1:
If a claim is made against the Customer that the Goods or their use infringes the intellectual property rights of any other person, then unless the claim arises from the use of any drawing, design or specification supplied by the Customer, Saferpond is to indemnify Customer against all loss, damages, costs and expenses incurred by the Customer in connection with the claim, or paid or agreed to be paid by the Customer in settlement of the claim, provided that:
- Saferpond is given full control of any related proceedings or negotiations;
- the Customer gives Saferpond all reasonable assistance for the purposes of such proceedings or negotiations and does nothing which would or might compromise any such proceedings without Saferpond’s consent;
- the Customer does nothing which would or might vitiate any insurance policy or cover which the Customer has in relation to such infringement, and this indemnity will not apply to the extent that the Customer recovers any sums under any such policy or cover (which the Customer will use its best endeavours to do);
- without prejudice to any common law duty of the Customer, Saferpond may require the Customer to take such steps as Saferpond may reasonably require to mitigate any such loss, or damage for which Saferpond is liable to indemnify the Customer under this condition.
The Customer will:
- comply with all statutory and regulatory requirements relating to possession and use of the Goods and ensure that any person buying the Goods from the Customer complies with such requirements;
- ensure that any materials provided by it for use by Saferpond in performing the Contract shall be without defect or fault;
- comply with all reasonable requirements of Saferpond relating to the provision of Goods including ensuring that it has in place at any site at which Saferpond is perform services comprised within the Goods public liability insurance to a level and covering such risks as Saferpond may approve;
- keep confidential (to the extent that the same are not in the public domain) all drawings, specifications and other technical information provided by Saferpond in connection with the Contract;
- and endemnify Saferpond against any liability, loss or damage resulting from any failure to comply with such requirements.
- If a claim is made against the Customer that the Goods or their use infringes the intellectual property rights of any other person, then unless the claim arises from the use of any drawing, design or specification supplied by the Customer, Saferpond is to indemnify Customer against all loss, damages, costs and expenses incurred by the Customer in connection with the claim, or paid or agreed to be paid by the Customer in settlement of the claim, provided that:
- Saferpond may assign or sub-contract this Contract or any part of the same.
- Notices required or permitted to be given under these Conditions must be in writing addressed to the relevant party at its registered office or principal place of business.
- No waiver by Saferpond any breach of the Contract by the Customer is considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question is not affected.