T & C's

Terms & Conditions of Contract (T&C’s)

Definitions :

“Seller” : Ozone Systems represented by its owner(s), director(s), or shareholders.
“Consumer” : any person who, in buying something to which the Distance Selling Regulations 2000 (DSR’s) apply, is a Customer acting for purposes that are outside the scope or operations of a business, and as such, is a non-business customer.
“Business” : is a Customer which specifically excludes “consumers”, but includes any collective organisation , whether operating for profit or non-gain, and includes inter-alia, trade, profession, charity, statutory and non-statutory organisations, clubs, schools etc.
“Distance Contract” : any contract for the provision of goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which the contract is made.
“Distance Communication” : communication without face-to-face contact with your consumer using an organised distance sale or service provision scheme for instance via internet online purchases, mail order, phone call, email etc.
“Contract” : Agreement between the Seller and the Customer (Consumer or Business) pertaining to the sale of goods and/or provision of services, covered by, and bound by the terms of the Contract Documentation (see clause 1.)

1. Contract Documentation

The Contract Documentation comprises : these Terms & Conditions, Invoice and/or Pro-Forma Invoice, Safety Data Sheet, Quotation or Estimates, Owner’s Manual, Information on our Website (if available), and any variations to the documentation or further agreements which have been agreed in writing between the Seller and the Customer. Nothing, whether verbally stated or implied, other than that written in the Contract Documents, shall have any force or effect.

2. Applicability of Distance Selling Regulations (DSR’s)

For the sake of clarity, the Distance Selling Regulations (hereinafter referred to as “DSR’s”) only apply to Consumer customers, whilst Business customers are specifically excluded from them. The Distance Selling Regulations do not apply outside of the EU (European Union).

3. Applicability of Doorstep Selling Regulations

Doorstep Selling Regulations do not apply to Business customers. The Seller does not participate in doorstep selling activities to Consumer customers. Accordingly, all contracts made with Consumers must be made via an online (internet) purchase on our website, and as such, are covered by the DSR’s.

4. Prices

4.1 Prices are as set out in any written quotation or estimate, or as indicated on the Seller’s website. Where the Seller provides a potential customer with a written quotation or estimate which differs from that on the Seller’s website, the written quotation or estimate shall take precedence and be applicable, including any terms or conditions contained therein.

4.2 Where the price of any goods or service are indicated in any estimate, or the Seller’s website, as “Price Subject to Confirmation” or wording of a similar meaning, the price is subject to variation upon terms which will be set out in a subsequent quotation from the Seller.

4.3 Prices as indicated on quotations, estimates or on the Seller’s website, specifically exclude insurance and delivery costs of all forms (mailing, courier etc.), and shall be borne by the customer.

4.4 Where prices are stated as “VAT not applicable”, or wording of a similar meaning, indicates that the Seller is not VAT registered and VAT is not chargeable.

5. Quotations

5.1 Unless otherwise specified in a written quotation or estimate, or on our website, quotations are valid for 14 calendar days.

5.2 Quotations and estimates are not binding on the Seller to conclude a contract (enter into a binding contract/agreement), but are only invitations to the Customer to order/purchase from the Seller upon the terms of the quotation or estimate.

6. Orders & Conclusion of Contract

6.1 Business customers

Orders are not binding until accepted in writing by the Seller, whereupon a contract is concluded (agreed and entered into) for the supply of goods or services by the Seller. Once accepted (contract concluded), orders may not be cancelled by the Customer without the prior written consent of the Seller, and upon compliance with these T&C’s. Also see clause 9.1.

6.2 Consumer customers

6.2.1 The Seller maintains the absolute right to refuse or cancel any order at any stage prior to delivery of the goods or commencement with a service.

6.2.2 The Customer may cancel orders for goods or services at any stage up to the receipt of the goods or commencement with the service. A contract shall be deemed to have been concluded (agreed and entered into) upon receipt of the goods or commencement with the service. The Customer also has the right to cancel the contract in accordance with clause 9.2, hereunder.

7. Payment

7.1 Payment for all goods and services other than online purchases (via our website), is due on the date as indicated on the Seller's quotation or invoice, unless otherwise stated on the Seller's invoice. Orders for online purchases will only be processed once payment has been received and cleared in the Seller’s account.

7.2 The Seller may sue the Customer for any sum outstanding under this Contract even if property in the Goods has not passed to the Customer in terms of the contract.

7.3 If the Customer fails to make any payment when due then, without affecting any other rights which it may have, the Seller may:

(a) suspend deliveries until paid; and/or

(b) deduct outstanding sums from any sums owed by the Seller to the Customer under this Contract or otherwise; and/or

(d) charge interest on any unpaid amount at a rate of 3 per cent above the Base Rate of Lloyds TSB Bank PLC, as varied from time to time, to run from day to day (both before and after any judgment) from the due date until payment is received in full; and/or

(e) treat this Contract as repudiated and terminated; and/or

(f) resell any Goods not yet delivered to the Customer; and/or

(g) retain any sums paid as deposit for the Goods.

7.4 If the Customer pays any sums under this Contract without identifying the Goods or services in respect of which that payment is made, then the Seller may appropriate such payment to any sums owed to it under this Contract.

7.5 Payments by cheque or credit transfer shall not be deemed paid until the Seller's account is credited with cleared funds.

7.6 The Customer may not withhold, make deductions from, or set-off against payments for any reason.

8. Delivery

8.1 The method of delivery, and any special conditions or costs attached thereto, will be as specified on the Seller’s quotation, estimate, or website.

8.2 Any delivery dates, requested or agreed, are estimates only. The Seller retains the right to deliver early.

8.3 The Seller may deliver by instalments, in such quantities as it may reasonably decide; such instalments shall be separate obligations and no breach in respect of one or more of them shall entitle the Customer to cancel any subsequent instalment or repudiate this Contract in its entirety.

8.4 The Customer shall take possession of the Goods within any agreed delivery schedule and, without affecting any other rights of the Seller, shall reimburse the Seller for any costs incurred by way of storage, insurance, transport or otherwise, as a result of any variation or delay in delivery caused by any act or default of the Customer.

8.5 The Customer may not terminate this Contract by reason of any delay in delivery and/or any short delivery, other than as permitted in compliance with these T&C’s.

9. Cancellation or Variation

9.1 Business Customers

If the Seller accepts any cancellation, variation or suspension of the Contract, by the Customer, such acceptance shall be subject to reimbursement to the Seller of all direct and indirect costs incurred by it in connection with this Contract.

9.2 Consumer Customers

In accordance with the DSR’s, the Customer has the right to :

cancel the contract for the supply of goods within a period of 7 working days after the day of receipt of the goods (conclusion of contract), and shall be entitled to a full refund of all monies paid to the Seller for the goods i.e. cost of goods, delivery charges, insurance (if applicable) etc.
cancel the contract for the supply of services within a period of 7 working days after the day that the contract was Concluded (conclusion of contract), and shall be entitled to a full refund of all monies which may have been paid to the Seller in advance, for the services. However, where the Customer agrees in writing, to the service being started within the usual 7 day cancellation period, the customer loses the right to cancel, immediately upon commencement with the service by the Seller.

9.2.1 Consumer Customer Obligations Upon Cancellation Under the DSR’s

In the event that the Customer exercises its right to cancellation within the 7 day cancellation period under the DSR’s, then the Customer shall:

notify the Seller of the cancellation in writing, in compliance with clause 20, amongst other clauses in these T&C’s. ; and
take all reasonable care of the goods and packaging to prevent damage (including marking etc.) so that they remain in a re-sellable condition ; and
return the goods and packaging to the Seller within 7 working days of being refunded by the Seller; and
shall be responsible for all costs, including delivery costs, to return the goods to the Seller; and
shall be responsible for the safe return of the goods in an undamaged state to the Seller. Damage to the goods in transit, are the responsibility of the Customer.

10. Examination and Claims

10.1 Immediately on receipt of the goods, the Customer shall examine the Goods for the presence of damage or defects.

10.2 The Customer shall notify the Seller in writing of any claims which it may have in respect of any defects or damage to the Goods:

in respect of any defect or shortage which would be apparent from a reasonable inspection on delivery, within 3 working days of delivery;
in respect of any other claims, within 7 days of such operational defect becoming evident.

11. Risk and Title

11.1 Risk in the Goods shall pass to the Customer on delivery.

11.2 Property (ownership) in the Goods delivered under this Contract shall pass to the Customer on receipt by the Seller in full of:

the price of those Goods; and
all other sums due from the Customer encompassed under this Contract.

11.3 Until property in the Goods passes to the Customer, the Customer shall:

hold such goods ("Seller's Goods") as a fiduciary for the Seller (in which full title to such Goods shall remain) and shall store and identify them in such a way that they are readily identifiable as the Seller's property;
not pledge or allow any lien, charge or other interest to arise over the Seller's Goods or their documents of title;
not remove the goods from the Customer’s premises, as indicated on the contract documentation.

11.4 In the event that;

(a) the Seller notifies the Customer that:

(i) the Customer is in default for more than 7 days in the payment of any sum due to the Seller; or

(ii) the Seller has bona fide doubts as to the solvency of the Customer; or

(b) any of the events referred to in clause 12.1 occurs; or

then the Customer’s rights to deal with Seller's Goods in the ordinary course of business shall immediately terminate and the Seller shall be entitled to:

(a) repossess the Seller's Goods; and

(b) be paid any sums which the Customer may hold as its fiduciary.

11.5 For the purposes of repossessing the Seller's Goods under clause 11.4, the Seller may enter any premises or vehicles where it believes such Goods to be, which are in the occupation of the Customer or to which the Customer has access. The Customer shall take all necessary steps to facilitate repossession of Seller's Goods and pending such repossession, the Customer shall continue to store Seller's Goods in accordance with clause 11.3.

12. Termination

12.1 Without affecting any other rights and remedies it may have, the Seller may terminate this Contract forthwith if:

the Customer breaches any terms of, or purports to cancel, the contract with the Seller; or
the Customer is unable to pay its debts as a result of Insolvency, Bankruptcy, a voluntary arrangement or reconstruction of its debts, winding up, dissolution, administration, receivership (administrative or otherwise), or any other situation where the Customer’s debts cannot be paid within the terms of clause 7; or
any step, action, application or proceeding is taken by, or in respect of the Customer as a result of non-performance.

12.2 If the Seller terminates this Contract under this clause, then without affecting any other rights and remedies it may have, then :

all sums outstanding from the Customer shall be immediately due and payable; and
the Seller may take possession of, and dispose of any Goods supplied under the Contract, as it deems appropriate; and
the Customer shall reimburse the Seller for any loss or expenses incurred by it in connection with this Contract.

13. Limited Warranty on Products (Goods)
13.1 Ozone Systems warrants each new product sold by Ozone Systems or it’s authorized resellers, against defects in materials and workmanship for a period of 12 months from the date of original purchase of the product. This warranty applies only to the first retail purchaser of the product and is not transferable to any subsequent owners or purchasers of such products. If a defect exists, at its sole discretion, Ozone Systems will either repair or replace the product. Any repair or replacement assumes the remaining warranty period of the original product.

13.2 Warranty Exclusions

The following are excluded from the warranty:

damage caused by accident, abuse, misuse, misapplication, ingress of water into the unit, or any other product(s);
damage to a product or any part(s) that is/are/have been modified, tampered with, altered, converted or repaired in anyway by anybody other than Ozone Systems or it’s authorized representatives, except where directed by Ozone Systems in writing, and in strict compliance with written procedures to be followed;
the ozone cell (including ozone plate, ozone tube or ozone lamp) as this is a consumable, and as such, is not covered by the warranty. Ozone Systems reserves the right to amend the list of consumables without prior notice;
to an optional unit or any other accessories used in connection with the product such as air stones, tubing, air filters or air dryers. Ozone Systems reserves the right to amend the list of optional units and accessories without prior notice;
if any serial or lot number on the unit has been removed or defaced.

13.3 The warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, expressed or implied and warranties of merchantability and fitness for a particular purpose are hereby disclaimed. If Ozone Systems cannot lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose are limited to the duration of the warranty. No authorised reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. This warranty gives you specific legal rights. You may also have other rights which may vary from country to country.

13.4 Obtaining Warranty Service
The Customer shall contact Ozone Systems and furnish the following details:

name/business name, address, telephone number of the Customer ;
the reseller’s company name (if not Ozone Systems);
proof of the original purchase, containing a description of the Model No, purchase date, Invoice No., and the appropriate serial and/or lot number of the unit;
a description of the failure.

The Customer will be advised by Ozone Systems (or it’s authorized reseller) if the unit must be returned to the Seller for repair. Ozone Systems reserves the right to direct any customer situated outside of the EU (European Union) to deal directly with the Manufacturer or Distributor for any service or repair under warranty, and in such cases, the Seller shall have no direct liability. All Customers will be responsible for all shipping/courier/mailing costs for sending the unit for repair, as well as returning the repaired unit to the Customer.

14. Disclaimer

All information presented or conveyed by Ozone Systems and/or it’s authorized representatives to any party, whether verbally, in writing, or on a website (including all documentation issued by Ozone Systems), is given in “good faith”, and makes no representation regarding the accuracy or completeness of such information, whether express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose. It is deemed that the purchaser has acquainted himself/herself/itself with the vast pool of information which is readily available on the public domain, regarding practically every aspect in the use of ozone, and is fully satisfied that he/she/it understands inter-alia, the capabilities, limitations and safety aspects.

Neither Ozone Systems, nor it’s authorized resellers, affiliates, directors, owners, or employees, shall be liable under any circumstances for damages of any kind whatsoever, whether direct or indirect, including inter-alia (and without limitation), loss of use of such product, lost income or profits, direct damages, indirect damages, claims of third parties, death or injury, consequential damages and/or incidental damages arising through the use of the equipment.

15. Cession and Assignment

The Customer may not cede or assign the entire contract, nor any part thereof, to any other party without the written consent of the Seller, and subject to any conditions imposed by the Seller.

16. Survival of provisions

Termination of this Contract, for whatever reason, shall not affect any of its provisions which are intended to continue to be in effect after it has come to an end.

17. Severability and Cumulation of Remedies

17.1 If the whole or any part of any clause(s) in these Terms & Conditions (T&C’s) of this Contract is/are not enforceable at Law, or invalid, that clause shall not affect the validity of any other provision and shall not invalidate the contract in its entirety.

17.2 Rights and remedies of the Seller under this Contract are independent, cumulative and without prejudice to its rights under the general law.

18. Force Majeure

The Seller shall not be liable in any way for loss, damage or expense of any kind, whether direct or indirect, arising directly or indirectly from any failure or delay in performing any obligation under this Contract caused by any circumstance beyond its control, which shall, without limiting the generality of the term, be deemed to include war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Seller) or shortage of materials at market rates existing when this Contract entered into, legislative or administrative interference, variation in product specifications or design made by the manufacturer beyond the Seller’s control, withdrawal of the product from the marketplace, or failure of the Seller to be able to procure the goods from the manufacturer or the Seller’s suppliers. On the occurrence of any such event, the Seller may at its sole discretion, perform, suspend performance of, or terminate this Contract.

19. Legal Jurisdiction

The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English courts.

20. Notices

20.1 Notices, including complaints and cancellations (where permitted) from the Customer, shall only be given by email, postal mail, or hand delivery to the Seller’s business address. The onus of proof of delivery (receipt by the intended recipient) of the notice by either method rests with the sender of the notice.

20.2 Proof of mailing a notice shall not be accepted as proof of delivery. For this purpose, the Customer is accordingly advised to use a recorded mail service for mailing notices.

20.3 Refusal by the Customer to accept a recorded delivery notice from the Seller, shall be deemed to have been effectively served on the Customer with effect from the attempted delivery.

20.4 All contact details for serving notices to the Seller, are as indicated on all of the Seller’s advertising material, letters, quotations & estimates, and the Seller’s website.

21. Exclusion of Third Party Rights

The parties to the Contract do not intend that any terms of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 , by any person or party which is not party to it.

22. Waiver of Seller’s Rights

No waiver by the Seller of any breach of the Customer’s obligations shall constitute a waiver of any other prior or subsequent breach, and the Seller's rights shall not be affected by any delay, failure, or omission to enforce or express forbearance granted in respect of any obligation of the Customer.

23. Intellectual Property Rights

Ozone Systems own the Intellectual property Rights to the entire design of the ATxxxST range of ozone generators as well as the software/firmware which is programmed into the microcontroller on the timer/programmer circuit boards of the AT and ATxxxST ranges of ozone generators. Third parties are hereby notified that it is illegal to copy the designs of the ozone generators or the software/firmware used in the timers/programmers.

24. Headings

The layout and headings to these Terms & Conditions are to facilitate easy understanding and for reference purposes only, and shall not affect their construction or interpretation.

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