Trade Terms & Conditions

1 The Shower Doctor Ltd only sells or supplies goods or services on these conditions, which in case of conflict shall override any terms or conditions imposed by you and which can only be varied by writing signed by a duly authorised representative of the company. Each sale contract between you and ourselves as the supplying company is herein referred to as “the contract”.

2 Our quotations and estimates are without commitment and an order is not binding on us unless (expressly or impliedly) we accept it.

3.1 Unless we agree otherwise in writing, our prices are quoted excluding delivery. We shall be free to increase quoted prices (whether accepted or not) to cover variations in cost to us of materials, manufacture, carriage and insurance when variations in such costs arise between the date of quotation and the date of completion of the contract. Prices are quoted exclusive of value added tax.

3.2 You shall be exclusively responsible for all customs duties and other costs of importation.

4.1 Unless we agree otherwise in writing our terms of payment are (for UK SALES) that each invoice is payable in full by the end of the month following the month of delivery and (for international sales) that payment is made to us in full prior to delivery. All payments shall be made in sterling.

4.2 We reserve the right at any time to charge interest on a day to day basis (at an annual rate of 4% over the sterling base rate from time to time of Barclays Bank plc) from the due date on late payments and as well after as before any judgment.

4.3 The Shower Doctor Ltd alone reserves the right at any time to assign any amounts due under the contract to a third party, such party being able to give a valid discharge of the debt.

5.1 Although we shall endeavour (subject to 5.2 below) to meet your delivery or completion requirements we shall be under no obligation to deliver goods or supply services by any specified date. Delivery and completion dates quoted by us or included in the contract are given in good faith but are estimates only and without engagement.

5.2 We may suspend or cancel the whole or any part of the contract if by reason of circumstances beyond our control (including, but without limiting the foregoing, strike, lockout, labour dispute, damage to or loss or failure of machinery, insufficient supply of electricity, gas, oil or water, fire, mobilisation, war blockage, act of God, adverse weather and shortage of carriage or shipping facilities) either we are prevented or hindered from performing our obligations or, performance of those obligations is to a substantial degree rendered difficult. If we exercise our right of suspension, you may within 7 days cancel any remaining part of the contract conditionally on your paying expenses incurred to date and our fair charges. We shall have no liability for any such suspension: and any such cancellation, whether by us or by you, our liability (if any) is limited to repayment of any part of the price received less our fair charges and any expenses already incurred by us.

5.3 Part deliveries (in accordance with the contract or, with reasonable justification, as a department from the contract) shall be deemed to represent separate contracts.

5.4 Without prejudice to any other right we may have we shall be entitled to charge for abortive delivery costs, storage and associated costs should you be unavailable for or refuse or defer delivery.

5.5 We do not supply goods or undertake work on approval and goods are not returnable except with our express written agreement.

6.1 Risks in goods supplied to you shall pass to you when the goods are delivered to, or collected by, you or your agent.

6.2 Notwithstanding risk in goods supplied to you passing in accordance with clause 6.1 hereof, title in such goods shall not pass to you until: 6.2.1 Payment being received by us for such goods and no other amounts then being outstanding from you to us in respect of other goods supplied by us: 6.2.2 Your selling such goods in accordance with the provisions of these terms and conditions in which case title to such goods shall be deemed to have passed to you immediately prior to delivery of such goods to your customer 6.2.3 We waive our rights under clause 6.2 in respect of specified goods where upon title to such goods shall forthwith vest in you.

6.3 Before the title has passed to you under terms of clause 6.2 and without prejudice to any of our rights, we shall have the right to recover or re-sell the goods or any of them and may enter upon your premises by our servants or agents for that purpose.

6.4 Should you alter the goods by subjecting them to any manufacturing process or incorporating them into any other product or mixing them in any way, the resulting product (Altered Goods”) will pass into the ownership of us until payment due under all contracts between you and us has been made in full: 6.4.1 You shall hold upon trust for us goods supplied to you and Altered Goods; 6.4.2 In the event of the sale or hire of goods supplied to you or Altered Goods by you, you shall hold the proceeds of such sales or hire on trust for us in a separate bank account opened by you for this purpose; 6.4.3 We shall be entitled to trace all such proceeds of sale or hire charges received by you through any Bank or other account maintained by you; 6.4.4 In the event of sale or hire of goods supplied to you or the Altered Goods by you in the ordinary course of business you shall assign your rights to recover the selling price or hire charges from the third parties concerned if required to do so in writing by us.

6.5 As the insurable risk in goods supplied shall pass to you as soon as the goods are delivered to you or to your order and pending disposal you shall keep goods supplied to you insured to the amount of the price at which goods supplied to you are sold to you against all insurable risks.

6.6 If goods supplied to you are destroyed by an insured risk prior to the same being paid for by you, you shall receive the proceeds for any such insurance as Trustee for us

7. Without prejudice to 6.4 above, we shall have no liability arising out of non-delivery, shortage in delivery, deterioration or damage in transit except (but only in respect of goods delivered or intended for delivery in or in transit in the United Kingdom) where the appropriate claim is received by us in writing without the appropriate period specified below (or, in the case of transit of goods by carrier, such shorter period (known or which should reasonably be known to you) as the relevant carrier may lawfully require as a condition of liability). The period referred to shall be 14 days from the date you receive our notification of dispatch in the case of non-delivery and 7 days from the date of delivery in the case of shortage in delivery, deterioration or damage in transit.

8. Where we undertake work or provide labour at your works or elsewhere (not in our exclusive occupation) you shall indemnify us against all liability (including without limitation in respect of employee or other third party claims) arising directly or indirectly from defect in or unsuitability of the works or site of apparatus or plant (other than that provided by us) or from negligence or breach of statutory duty on your part, or that of your employees or another third party (other than our own employees) and howsoever arising.

9. Except where we specifically otherwise agree in writing, the selection and choice of our goods or services and (except as to comply with specific technical specification contained in our current literature) the assessment of our goods suitability and fitness for your purpose is your sole responsibility. 9.1 Any specifications, formulations, data literature and statement as to content suitability, performance or otherwise issued by us in connection with our goods or services are offered in good faith but are intended to be approximate only and shall not be deemed to constitute representations. 9.2 The copyright in our data sheets packaging and literature shall remain our property. 9.3 Sections 13 to 15 inclusive) Sale of Goods Act 1979 shall apply subject to the foregoing (and to 11.2 below) and subject to any stipulations specifically made by us prior to the contract.

10.1 Where we undertake to install, maintain, repair or test any goods you shall bear the cost (which shall include any travel and subsistence costs of our employees and agents) and provide (at your own expense) all relevant information and such facilities as we may require.

10.2 You shall be responsible for compliance with all statutory requirements and third party rights in connection with the siting, installation, erection and use by us of goods to your order and shall indemnify accordingly.

11.1 The warranty under this condition is additional to any written warranty separately given to you by us and (subject to 7 above and 11.2 below) all other warranties implied by common law, statute or otherwise.

11.2 Except where we specifically otherwise agree in writing, we offer no (and shall have no liability under any) warranty or condition (express or implied) in respect of goods, materials or services of our suppliers or sub-contractors but we will (where we consider it appropriate and practical to do so) assist you to obtain the benefit of such warranties as are available from them in favour of first users of goods or services.

11.3 Subject to 11.2 above we warrant (subject to the limitations set out in this condition and in 12 below) that if any goods of our own manufacture or services provided by us prove under normal conditions not to be free from defects in workmanship we will (at our election) repair or replace free of charge any goods (or the relevant constituent parts) or re-execute free of charge any such services which, in either case we find upon examination (for which you shall accord us full facilities) to have been defective. This warranty is subject to the following limitations: 11.3.1 We shall be under no obligation to make good fair wear and tear or to make good faults or damage arising from impact, modification, inappropriate use or treatment, incorrect handling or failure to comply with use or maintenance instructions, or exposure to corrosive substances. 11.3.2 The benefit of the warranty shall only apply to you as our original customer. 11.3.3 Except where we specifically otherwise agree in writing within 26 weeks of delivery or (in the case of services) practical completion and (in every case where our interests may be prejudiced by late notification) within 30 days of the grounds for the claim becoming apparent or discoverable in the reasonable examination and all claims not so notified shall be deemed to have been waived.

12.1 We maintain Public and Product Liability Insurance to a substantial limit 12.2 Nothing in these conditions shall apply to exclude or restrict any liability which under sub-sections 2(1), 6(1), 6(2) or 7(2) of the Unfair Contract Terms Act 1977 cannot in the relevant circumstances be excluded or restricted.

12.3 Subject to 9.2 above where loss or damage from breach of contract, negligence, misrepresentation or otherwise arises, neither we nor our employees or agents shall be under any liability to you or third parties for any loss of profit or consequential loss or damage however arising to any extent greater or otherwise than the cover available under the policy or policies referred to in 9.1 above (after such cover has been applied and meeting any such liability that is mentioned in 9.2 above as may be covered thereby) 12.4 10.1 and 10.2 above shall not restrict or exclude any liability on us for death or personal injury resulting from our negligence or those for whom we are vicariously liable. 12.5 Our pricing structure is based upon these similar limitations of liabilities and indemnities and you are advised to consider yourself obtaining insurance cover for any claims for which we are (pursuant to this condition or otherwise) not liable for any indemnity liability which may arise under this condition.

13. We may by notice terminate our supply and/or service obligation if you are in breach of the contract or any other contract with us (such breach, if remediable, not having been remedied within 7 days of notice from us) or any judgement against you is unsatisfied for 14 days or (being an individual) you die or commit any act of bankruptcy or (being a corporation) you enter liquidation or receivership or any event analogous to any of the foregoing shall happen in any other jurisdiction and any such termination shall be without prejudice to your obligations and our rights under the contract save that (in respect of amounts paid by you) you shall be entitled to credit (subject to our right of set off against any liabilities in any account) accounting to the lesser of the price under the contract with you in relation to and the proceeds (less costs) of our subsequent disposal of, any goods which we have not delivered or which we repossess.


15. These conditions shall be interpreted without reference to their headings.

15.2 The contract is deemed to be made in Edinburgh and shall be governed by Scottish law, and you shall submit to the non-exclusive jurisdiction of the Scottish courts.

15.3 The Uniform Law of International Sales shall not apply to the contract.

15.4 Any provision of these conditions held by a court of law to be invalid shall be severable and shall to the extent necessary to prevent such invalidity to be deemed to be omitted from these conditions and any liability which would otherwise have been excluded or limited shall nevertheless be subject to the remaining provisions of these conditions.

15.5 The waiver of any breach of any of these conditions of the non-enforcement of any of these conditions shall not prevent the subsequent enforcement of that condition or the exercise of any right arising from that breach and shall not be deemed a waiver of any subsequent breach.