Terms and Conditions

Terms and Conditions for Sale of Products

These are the terms on which Wilkes Vending Services Ltd (‘Company’) do business. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights.

1. Definitions

In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):

• 1.1 ‘Company’ means Wilkes Vending Services Ltd (Thirsty 4 Water is a trading name of this company). 
• 1.2 ‘Buyer’ means you, the corporate entity or individual purchasing Products from the Company.
• 1.3 ‘Contract’ means any contracts made between the Company and the Buyer for the sale and purchase of Products which shall include (but not limited to) contracts entered into between the Parties arising from Orders.
• 1.4 ‘Faults’ means faults as defined in Clause 4.1 below.
• 1.5 ‘Products’ mean any product, article or item which the Company sells (including part or parts of it).
• 1.6 ‘Order’ means any order (whether oral and written) for Products made by the Buyer to the Company including those made through the Website.
• 1.7 ‘Parties’ mean the Company and the Buyer.
• 1.8 ‘Website’ means www.thirsty4water.com
• 1.9 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
• 1.10 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
• 1.11 In these Conditions headings will not affect the construction of these Conditions.

2. Terms of Acceptance

• 2.1 The Buyer agrees that these Conditions shall be the exclusive basis on which any Contracts made between the Company and Buyer are transacted and processed unless otherwise agreed in writing by the manager of the Company
• 2.2 These Conditions shall not create any agency or partnership between the Parties or any third party
• 2.3 Any quotations and/or estimates given by the Company shall be deemed as an ‘invitation to treat’ and not an offer. A Contract is formed between the Buyer and the Company when (and not before) the Company notifies the Buyer by e-mail, fax, letter and/or electronically that the Buyer’s Order has been accepted.
• 2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.

3. Delivery and Installation of Products

• 3.1 An Order may be made through:
  (1) the Website;
  (2) telephone on 0800 5423950 (between the hours of 9am to 5pm from Monday – Friday); or
  (3) post addressed to:
  Thirsty 4 Water, Wilkes Vending Services Limited, Spa Street, Wakefield, West Yorkshire, WF5 0 HP
• 3.2 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; (3) the location where the Products are to be delivered; and (4) whether the Buyer requires the Company to install the Products (for details and for the terms and conditions in respect of the installation process, please click on the Company’s Terms and Conditions for services. Where an Order is placed orally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and the Buyer shall not dispute the correctness of the same.
• 3.3 The Company will on a reasonable endeavours basis dispatch the Products to the location specified in the Order within 24 working hours. For the avoidance of doubt, as the actual delivery of the Products is carried out by third party couriers, the Company shall be under no liability for any delay or failure to deliver the Products. Notwithstanding the foregoing, subject to additional delivery charges which the Company shall be entitled to charge the Buyer, the Company shall arrange for such Products to be delivered to the Buyer at specific dates and/or times as may be requested by the Buyer.
• 3.4 Unless otherwise agreed in writing by the Parties, the Buyer agrees that risk or loss or damage of Products passes to the Buyer on upon delivery of the Products or on the date of first attempted delivery by the Company.
• 3.5 If the Company is unable to effect delivery due to any fault of the Buyer, the Buyer may incur additional delivery charges.
• 3.6 Subject to Clause 3.3 and to Company’s Terms and Conditions for Services, where the Buyer requires the Company to install the Products for the Buyer, the Company shall on a reasonable endeavours basis carry out such installation within 14 days from the date when such Order was accepted by the Company.

4. Loss and Damage

• 4.1 Any Products delivered to the Buyer shall be deemed to be in good order unless the Buyer informs the Company of any defects, faults or malfunction of the Products (collectively as ‘Faults’) within 5 working days from the day of receipt of the Products unless the Faults are not ascertainable from reasonable inspection; in which case, the Buyer shall inform the Company of the faults as soon as it is practicable.
• 4.2 Subject to Clause 8.2, the Company shall (at its sole discretion), make good any Faults in respect of the Products or reimburse the Buyer for the whole or part of the price of the Products (if the quantity of Products is more than 1).

5. Price and Payment

• 5.1 Any price quoted by the Company is based on its current price as on the date the quotation is made but the actual price payable for the Products shall be based on the actual current price of the Company as at the time of acceptance of the Order.
• 5.2 Where the Buyer purchases the Products through other means other than through the Website, the Buyer shall make payment to the Company in respect of the Products within 30 days after receipt of the Company’s invoice.
• 5.3 Where Orders are made through the Website [and/or telephone], the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch and Solo.
• 5.4 No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
• 5.5 If the Buyer fails to settlement any payment due to the Company within the stipulated time, the Company shall be entitled (without prejudice to any other right or remedy it may have) to charge the Buyer interest on the sum at the rate of 3% per cent per annum above Barclays Bank PLC base rate in force from time to time from the date the payment became due until actual payment is made (irrespective of whether the date of payment is before or after any judgment or award in respect of the same).

6. Cancellations

• 6.1 Without prejudice to Clause 8.2, no cancellations of Orders shall be permitted unless agreed in advance by a manager of the Company.
• 6.2 Without prejudice to Clause 4.2, if Products have been delivered, the Products may not be returned unless agreed in advance by a manager of the Company. Any return which has been agreed shall be subject to the following conditions:
  • 6.2.1 the Products are in brand new and in unused condition;
  • 6.2.2 the packaging of the Products remain intact and unbroken and in reasonable condition;
  • 6.2.3 the Products are returned at the cost of the Buyer; and
  • 6.2.4 the returned Products are received within 14 days from when a manager of the Company agreed to accept the returned Products.
• 6.3 Where Products are cancelled or returned pursuant to this Clause 6, the Company reserves the right to charge an administration cost.

7. Disputes and set off

Any liability of the Company under any Contract is subject to and conditional upon the Buyer duly performing and observing all its obligations under the relevant Contract and these Conditions.

8. Warranties and Liability

• 8.1 The Company will use its reasonable endeavours to pass on any manufacturer’s warranty to the Buyer.
• 8.2 Notwithstanding Clause 4.2 above, the Company shall not be liable for any Fault in respect of the Products if:
  • 8.2.1 such Fault arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or
  • 8.2.2 such Fault was the result of unauthorised modification of the Products without the written consent of the Company.
• 8.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and/or Contracts.
• 8.4 Nothing in this Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company’ negligence or for fraudulent misrepresentation.
• 8.5 Subject to Clauses 4.2, 8.2, 8.3 and 8.4, the Company’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
  • 8.5.1 in respect of matters for which the Company does not carry insurance, the price of the Products; and
  • 8.5.2 in respect of matters for which the Company carries insurance, the insured value.
• 8.6 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
• 8.7 The provisions of this Clause 8 shall survive the termination of these Conditions and/or Contracts.
• 8.8 The exclusions and limitations of liability set out in this Clause 8 shall be considered severally. The invalidity or unenforceability of any one of these sub-clauses shall not affect the validity or enforceability of any other part of this Clause 8.

9. Termination and Suspension

• 9.1 Without prejudice to the rights and remedies available to the Company (whether under these Conditions, Contracts or otherwise), the Company shall be entitled to (at its sole discretion) upon providing the Buyer with notice of such intention, terminate and/or suspend in whole or in part, any Contracts entered into between the Buyer and the Company if:
  • 9.1.1 The Buyer fails or refuses to take delivery of any Products in accordance with these Conditions;
  • 9.1.2 The Buyer commits any material breach of these Conditions;
  • 9.1.3 The Buyer fails to pay any sums due to the Company; or
  • 9.1.4 The Buyer makes any composition or voluntary arrangement with its creditors or becomes bankrupt or enters into administration or goes into liquidation (other than for the purpose of amalgamation or reconstruction).

10. Force Majeure

• 10.1 The Company shall not be liable to the Buyer or be deemed to be in breach of these Conditions or any Contracts by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products if the delay or failure was beyond the Company' reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company’ reasonable control:
  • 10.1.1 Act of God, explosion, flood, tempest, fire or accident.
  • 10.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition.
  • 10.1.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
  • 10.1.4 import or export regulations or embargoes.
  • 10.1.5 strikes, lockouts or other industrial actions or trade disputes.

11. Support Services

• 11.1 Subject to the terms and conditions detailed in the Terms and Conditions for Services, as part of the Company’s excellent customer support service, the Company will on a reasonable endeavours basis:
  • 11.1.1 contact you once every 6 months to ensure that the Products purchased are functioning properly; and 
• 11.2 as the filter in the Products will need to be replaced once in every 6 months, the Company shall provide you with timely reminders of the need to replace such filter. For the avoidance of doubt, the customer service provided under this Clause 11 shall be performed in accordance with the Company’s Terms and Conditions for Services.

12. Notice

• 12.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address.

13. Law and Jurisdiction

• 13.1 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction

Terms and Conditions for the Provision of Services

These are the terms on which Wilkes Vending Services Ltd (‘Company’) do business. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights.

1. Definitions

In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):

• 1.1 ‘Customer’ means you, the corporate entity or individual requesting Services from the Company. 
• 1.2 ‘Contracts’ mean any contracts made between the Company and the Customer for performance of the Services which shall include (but not be limited to) contracts entered into between the Parties arising from Orders. 
• 1.3 ‘Order’ means any order (whether oral and written) for Services made by the Customer to the Company including those made through the Website.
• 1.4 ‘Parties’ mean the Company and the Customer.
• 1.5 "Services" means any services which the Company provides its customer including those detailed on the Website, service catalogues, quotations and in these Conditions.
• 1.6 ‘Website’ means www.thirsty4water.com.
• 1.7 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
• 1.8 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
• 1.9 In these Conditions headings will not affect the construction of these Conditions.

2. Terms Of Acceptance

• 2.1 The Customer agrees that these Conditions shall be the exclusive basis on which any Contracts made between the Company and Customer are transacted and processed unless otherwise agreed in writing by a manager of the Company.
• 2.2 These Conditions shall not create any agency or partnership between the Parties or any third party.
• 2.3 Any quotations and/or estimates given by the Company shall be deemed as an ‘invitation to treat’ and not an offer. A Contract is formed between the Customer and the Company when (and not before) the Company notifies the Customer by [e-mail], [fax], [letter] [and/or] [electronically] that the Customer’s Order has been accepted.
• 2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.

3. Appointment of Company

The Customer appoints the Company to provide the Services.

4. Services to be provided

• 4.1 The Services performed by the Company are set out on its Website and service catalogues. Where such Services are not detailed on the Company’s Website and service catalogues, the Customer may enquire from the Company whether such Services required by the Customer is performed by the Company and, if so request, a quotation from the Company in respect of such Services.
• 4.2 The Customer shall thereafter select the Services which the Customer requires the Company to perform and place an Order.
• 4.3 An Order may be made through:
  (1) the Website;
  (2) telephone on 0800 5423950 (between the hours of 9am to 5pm from Monday – Friday); or
  (3) post addressed to:
  Thirsty 4 Water, Wilkes Vending Services Limited, Spa Street, Wakefield, West Yorkshire, WF5 0 HP
• 4.4 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Services; (2) (where applicable) the period during which the Services are required; and (3) the location where the Services are to be performed. Where an Order is placed orally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and the Customer shall not dispute the correctness of the same.

5. Free Services

• 5.1 As part of the Company’s excellent customer support service, the Company will on a reasonable endeavours basis:
  • 5.1.1 contact the Customer once every 6 months to ensure that products purchased are functioning properly; and
  • 5.1.2 as the filter in the products will need to be replaced once in every 6 months, the Company shall provide you with timely reminders of the need to replace such filter free of charge for the Customer.
• 5.2 The Company will not be liable for any loss and/or damages suffered by the Customer as a result of the Company’s failure to carry out its obligations under Clause 5.1 above.
• 5.3 Please note that the replacement filters and/or the actual service of replacing the filters are NOT provided free of charge. These are chargeable items/Services which the Company shall charge the Customer for.

6. Company's Obligations/Warranty

• 6.1 The Company shall perform the Services:-
  • 6.1.1 with reasonable care and skill; and
  • 6.1.2 within a reasonable time of the date hereof (where no date for performance has been agreed with the Customer).
• 6.2 Where any products purchased by the Customer develops any faults and/or breaks down within the warranty period as described on the warranty card furnished with the products purchased by the Customer], the Company will repair and/or replace (at its discretion) such products free of charge provided always that any faults and/or breakdown of the products are not due to the misuse of such products by the Customers and/or unauthorised modifications to the product.
• 6.3 Where such faults and/or breakdowns are due to the misuse of such products by the Customer and/or unauthorised modifications to the product, the Company may at its discretion, repair and/or replace such products. In such cases, the Company reserves the right to charge the Customer such fees as may be agreed between the parties.

7. Price

• 7.1 Unless otherwise agreed by a manager of the Company, the price of the Services shall be as specified on the Website, the Company’s service catalogue and/or quotation and shall exclude the price of any goods/raw materials to be supplied in connection with the provision of the Services.
• 7.2 Any price quoted by the Company is based on its current price as on the date the quotation is made but the actual price payable for the Services shall be based on the actual current price of the Company as at the time of acceptance of the Order. The price quoted is exclusive of VAT
• 7.3 Where raw material, goods, spare parts or hardware are involved in the course of performing the Services, the Company reserves the right to increase its price by giving notice to the Customer of the increase the price payable by the Customer in respect of such raw material, goods, spare parts or hardware to be supplied in connection with the provision of the Services. Such increase may be necessary due to factors beyond the control of the Company (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
• 7.4 The price is exclusive of any applicable Value Added Tax which the Customer shall be additionally liable to pay to the Company

8. Payment

• 8.1 Where the Customer obtains the Company’s Services through other means other than through the Website or through Credit Card (as defined in Clause 8.2 below) payment over the telephone, the Customer shall make payment to the Company in respect of the Services within 30 days after receipt of the Company’s invoice.
• 8.2 Where Orders are made through the Website and/or telephone, the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch and Solo.
• 8.3 No payment for the Services shall be deemed to have been received until the Company has received cleared funds. 
• 8.4 The Customer shall pay the price of the Services but without any other deduction. The time of payment of the price shall be of the essence of the Contract.
• 8.5 If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company the Company shall be entitled to:
  • 8.5.1 cancel the Contract or suspend the provision of any further Services to the Customer; and
  • 8.5.2 charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of 3% per cent per annum above Barclays Bank Plc base rate from time to time until payment in full is made (a part of a calendar month being treated as a full calendar month for the purpose of calculating interest).

9. Cancellations

• 9.1 No cancellations of any Contracts shall be permitted unless agreed in advance by a manager of the Company. 
• 9.2 Subject to Clause 9.1, where part of the Services have been performed by the Company and/or where the Services entails maintenance services over a length of time, the Company shall be entitled to charge the Customer a pro rated price.

10. Liability

• 10.1 The Company shall not liable to the Customer for the death of or injury to the Customer unless due to the negligence or other failure of the Company to perform its obligations under this Agreement or under the general law. Save as aforesaid the Company shall not be liable to the Customer for any loss or damage suffered by the Customer (whether direct or consequential).
• 10.2 Where the Services involves raw material, goods, spare parts or hardware, the Company liability shall be as set out in Clause 8 of the Terms and Conditions for Sale of Products.

11. Guarantees

Where applicable, the Company shall not be required to issue any guarantee in respect of the Services until payment in full for the Services has been made by the Customer

12. General

• 12.1 The Customer acknowledges that there are geographical difficulties in providing the Services. Accordingly, the Company may perform any of its obligations or exercise any of its rights hereunder by itself or through any other third party sub-contractors. Where the Services (or part thereof) are performed by such third party sub-contractors, any act or omission of any such this party sub-contractors shall be deemed to be the act or omission of the Company.
• 12.2 This Contract contains the entire agreement between the parties and both Parties acknowledge that they have not relied upon any oral or written representation made to them by the other.
• 12.3 Each party irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation whether or not contained in this Agreement or for breach of any warranty not contained in this Agreement unless such misrepresentation or warranty was made fraudulently and/or rescind this Agreement.
• 12.4 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
• 12.5 If any provision of these Conditions is held by any 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 shall not be affected thereby.
• 12.6 Both Parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the Parties or either of them renders the performance of a Contract impossible whereupon all money due but unpaid under a Contract shall be paid immediately.
• 12.7 Where the Customer via an Order requests the Company to perform annual maintenance services, the term of such Order shall be automatically extended for further periods of 1 year unless the Customer terminates such Order by providing the Company with written notice within 30 days of the natural expiry date or anniversary thereafter.

13. Notice

• 13.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address.

14. Law and Jurisdiction

• 14.1 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.