Trade Terms & Conditions
Please read these Terms and Conditions carefully before using our website or placing an order.
These Terms and Conditions govern the supply of products and services by Test All Water Limited ("Test All Water", "we", "us", or "our"). They apply to all orders placed with us, regardless of how the order is made, unless we agree otherwise in writing
By placing an order with us, you confirm that you are purchasing wholly or mainly for purposes connected with a trade, business, craft or profession and that you have authority to bind the relevant business or organisation.
If there is any inconsistency between these Terms and Conditions and any purchase order, email, customer document, or other communication provided by you, these Terms and Conditions will prevail unless we have expressly agreed otherwise in writing.
1. About us.
1.1 Test All Water Limited is a UK-based distributor of; water testing products, laboratory analysis services, sampling kits, and water quality monitoring solutions. We supply to domestic, commercial, and professional customers throughout the United Kingdom and internationally.
1.2 We are committed to providing reliable products and services, clear guidance, and efficient customer support to help our customers assess, monitor, and manage water quality with confidence.
1.3 Our trading address is Test All Water Limited, Unit 62, Block 8, Old Mill Lane Industrial Estate, Mansfield, Nottinghamshire, NG19 9BG.
1.4 Our VAT registration number is GB249901874.
1.5 Our company registration number is 10046828.
2. Business customer status and authority
2.1 By placing an order with us, you confirm that you are at least 18 years old and legally capable of entering into a binding contract.
2.2 You agree to provide accurate, complete, and up-to-date information when placing an order, including your contact details, billing details, delivery information, and any other information reasonably required for us to supply the relevant products or services.
2.3 You confirm that you have authority to bind that business or organisation to these Terms and Conditions.
2.4 Where an order is placed using a business name, purchase order, trade account, company details, or other business information, we may reasonably treat the order as being placed by a Business Customer unless you notify us before placing your order that you are purchasing as a consumer, or the circumstances clearly indicate otherwise.
2.5 You must ensure that all information you provide to us, including testing instructions, sample details, site information, water source details, and any other information required for us to supply our products or services, is accurate, complete, and not misleading. If any information changes after you
2.6 Where you provide information relating to a third party, property, site, sample, water source, or client, you confirm that you have the necessary authority to provide that information to us and to instruct us to carry out the relevant products or services.
2.7 We will not be responsible for any delay, additional cost, failed delivery, incorrect results, or inability to provide our products or services where this arises from inaccurate, incomplete, or misleading information provided by you, except where caused by our negligence, breach of these Terms and Conditions, or where liability cannot lawfully be excluded or restricted.
3. Products and services availability
3.1 All products and services offered by Test All Water Limited are subject to availability.
3.2 We will make reasonable efforts to keep our website and other sales channels up to date. However, the availability of products and services may change without notice due to supplier availability, laboratory capacity, courier services, regulatory requirements, geographical restrictions, import or export controls, or other circumstances beyond our reasonable control.
3.3 If we cannot supply the products or services ordered, we will notify you as soon as reasonably possible. Where appropriate, we may offer a suitable alternative or cancel the order. If payment has already been made for products or services that cannot be supplied, we will provide any refund due in accordance with applicable law.
4. The contract
4.1 When you place an order with Test All Water Limited, whether through our website, by email, telephone, purchase order, quotation or any other method, you are making an offer to purchase our products and/or services.
4.2 After receiving your order, we may send you an acknowledgement to confirm it has been received. This acknowledgement does not mean your order has been accepted.
4.3 A legally binding contract is formed only when we accept your order. We may accept your order by sending written confirmation, issuing an order confirmation, dispatching products or sampling kits, making services available, commencing laboratory analysis or other agreed services, or otherwise confirming acceptance in writing.
4.4 Quotations, estimates, price indications, availability information and similar documents are provided for information only and do not constitute an offer or acceptance unless we expressly state otherwise in writing.
4.5 We may accept all or part of your order. If we are unable to supply some or all of the products or services requested, or if we need to refuse or cancel an order before acceptance, we will notify you as soon as reasonably possible. If we need to cancel an order after it has been accepted because of a genuine error, circumstances beyond our reasonable control, legal or regulatory requirements, or where we are otherwise entitled to do so under these Terms, we will notify you promptly and provide any refund required by law.
4.6 Images, photographs, illustrations, product descriptions, dimensions, specifications and other marketing materials are provided to help describe our products and services. While we make every reasonable effort to ensure they are accurate, minor variations that do not materially affect the products or services may occur. Nothing in this clause affects your legal rights where products or services do not match the description or specification agreed as part of the Contract.
4.7 If we discover a genuine error in pricing, product information, availability or other details before or after accepting your order, we will contact you as soon as reasonably possible. You may choose to proceed on the corrected basis or cancel the affected order. If payment has already been made and the order is cancelled, we will refund any amount due in accordance with applicable law.
5. Business cancellation and returns
5.1 This section applies where you purchase products or services wholly or mainly for the purposes of a trade, business, craft or profession.
5.2 Business customers do not have the same statutory cancellation rights as consumers. Any cancellation, return, refund or credit will be subject to these Terms and Conditions and any other written agreement between you and us.
5.3 If you wish to cancel an order, you must contact us in writing as soon as possible. We will confirm whether cancellation is possible and advise you of any applicable charges.
5.4 Some business orders cannot be cancelled once accepted. This includes, but is not limited to, bespoke or customised products, special-order or non-stock items, products sourced specifically for you, products that have been assembled, configured, calibrated, labelled or otherwise prepared to your requirements, and any services or laboratory analysis that have already commenced or where costs have already been incurred.
5.5 If we agree to accept the cancellation of an order or the return of unwanted products, we may apply a reasonable cancellation or restocking charge to reflect the costs and losses we have incurred. Depending on the circumstances, this charge may be up to 60% of the order value. When calculating any charge, we may take into account supplier charges, products that cannot be returned or resold, inspection, testing, handling, administration, transport, repackaging, calibration, configuration, loss in resale value, and any other reasonable costs or losses resulting from the cancellation or return.
5.6 Unless otherwise agreed in writing, returned products must be unused, complete, in a resaleable condition and in their original packaging. Returns are made at your cost and risk unless the products are faulty or we agree otherwise.
6. Special order products and volume orders
6.1 A Special-Order Product means any product that is not normally held as standard stock, is sourced specifically for your order, or is manufactured, modified, assembled, configured, calibrated, labelled, packaged or otherwise prepared to your requirements
6.2 A Volume Order means an order for unusually large quantities, bulk quantities, reserved stock, or products specifically sourced from a supplier to fulfil your order.
6.3 Special Order Products and Volume Orders may be subject to different cancellation, return, refund, delivery and availability terms from standard stock items. Any specific terms that apply will be confirmed in writing, including in a quotation, order confirmation, invoice, product information or other written communication.
6.4 Special Order Products and Volume Orders may be non-cancellable or non-returnable, or may be subject to reasonable charges reflecting costs or losses incurred by us, including supplier charges, preparation costs or restocking costs.
7. Professional and trade use.
7.1 Where you purchase products or services for use in connection with a trade, business, profession, clients, properties, sites or projects, you are responsible for ensuring that the products or services are suitable for your intended purpose, unless we have expressly confirmed suitability for that specific purpose in writing.
7.2 You are responsible for providing accurate, complete and up-to-date information relating to any client, property, site, sample, water source, testing requirement, intended use or other relevant circumstances. We are not responsible for any issue arising from inaccurate or incomplete information provided by you, except where caused by our negligence or where liability cannot legally be excluded.
7.3 Unless we agree otherwise in writing, you must not resell, relabel, repackage, commercially redistribute, or supply our products as standalone products to a third party. This does not prevent you from using our products or services as part of your own business activities where that use has not been prohibited by us.
8. Customer obligations
8.1 You agree to cooperate with us and provide any information, samples, photographs, documents, access, instructions or assistance that we reasonably require to process your order, supply products or services, carry out laboratory analysis, investigate an issue, assess a return or deal with a complaint.
8.2 You are responsible for following any instructions, guidance, safety information, sampling requirements, storage requirements or other information provided by us in relation to the products or services supplied.
8.3 Where you provide samples for testing or analysis, you are responsible for ensuring that samples are collected, labelled, packaged, stored and returned correctly in accordance with our instructions, unless we have expressly agreed in writing to provide those services.
8.4 You must not intentionally alter, damage, contaminate, misuse or interfere with any product, sample, packaging, label or other relevant item in a way that may affect testing, analysis, returns, investigations, warranty assessments or complaints.
8.5 You must notify us as soon as reasonably possible if you become aware of any issue that may affect your order, delivery, sample, laboratory analysis, report, result, product use or our ability to provide the relevant products or services.
9. Delivery
9.1 Delivery options, charges, estimated dispatch times, delivery times and any restrictions will be provided on our website, quotation, invoice, order confirmation or otherwise confirmed to you before or after placing your order where applicable.
9.2 Any delivery dates or times provided by us are estimates only unless we expressly agree in writing that a delivery date is guaranteed. We will make reasonable efforts to meet estimated timescales but are not responsible for delays caused by couriers, suppliers, customs, weather, strikes, incorrect delivery information or other circumstances outside our reasonable control.
9.3 Unless otherwise agreed, delivery will be made to the address provided by you when placing your order. You are responsible for ensuring that your delivery address, contact details and any delivery instructions are accurate and complete.
9.4 If delivery cannot be completed due to incorrect information, failed delivery attempts, refusal of delivery, lack of access or other circumstances within your control, we may charge reasonable costs incurred for redelivery, storage, return, administration or other related services.
9.5 We may arrange delivery in instalments or separate shipments where appropriate. Additional delivery charges or costs will be confirmed with you where applicable.
10. Risk and Title
10.1 Risk passes to you at the point of delivery, collection, or where expressly agreed, when the products are handed to a courier, carrier or other delivery provider for dispatch.
10.2 We remain responsible for products where required by law, including where products are faulty, incorrectly supplied, not as described, or damaged before risk has passed to you.
10.3 Ownership of products remains with us until we have received payment in full for the products, delivery charges and any other amounts due in relation to the order.
10.4 Until ownership passes to you, you must take reasonable care of the products and must not sell, dispose of, alter or deal with them in a way that affects our ownership rights, unless we have agreed otherwise in writing.
11. Business payment terms.
11.1 This section applies where we supply products or services to a Business Customer on a commercial invoice, credit account, purchase order, quotation, pro forma invoice, or other payment-on-account basis.
11.2 Payment must be made in accordance with the payment terms stated on the relevant invoice, quotation, order confirmation, account agreement or other written agreement between you and us. Unless otherwise agreed in writing, payment is due in full by the date stated on the invoice or, where no date is stated, within 30 days of the invoice date.
11.3 You must pay invoices in full and without deduction, set-off, counterclaim or withholding, except where required by law or agreed by us in writing.
11.4 If payment is not received by the due date, we may suspend or refuse further supply, including products, sampling kits, laboratory analysis, reports, results, services, account facilities or future orders, until payment is received.
11.5 Where products or services have already been supplied, commenced or completed, you remain responsible for payment of all amounts properly due under the Contract.
11.6 If payment is overdue, we may charge interest and recover compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any related or replacement legislation.
11.7 We may withdraw, reduce, suspend or vary any credit account, credit limit or payment-on-account arrangement at any time where we reasonably consider it necessary, including where there is an increased credit risk or overdue payment.
11.8 If you dispute an invoice, you must notify us in writing as soon as reasonably possible, explaining the reason for the dispute and the amount disputed. Any undisputed amount must still be paid by the due date.
11.9 We may allocate payments received from you against any outstanding invoices, charges or amounts owed.
11.10 Failure to pay invoices by the due date may result in suspension of your account, withdrawal of credit terms, withholding of reports or results, suspension of services and recovery action.
12. Returns refunds and product issues.
12.1 Contacting us about an issue
If you have an issue with any product or service supplied by Test All Water Limited, including a faulty product, damaged delivery, incorrect item, missing item, or problem with a service provided, you must contact us as soon as reasonably possible using the contact details provided on our website, order confirmation, invoice, or other correspondence.
To help us investigate the issue, we may ask you to provide reasonable information, including photographs, videos, packaging details, delivery information, order numbers, batch numbers, sample details, or any other relevant information available to you.
12.2 Incorrect, missing or damaged products
If we have supplied incorrect products, missing items, or products that have been damaged before risk passed to you, we will investigate the issue and provide an appropriate remedy in accordance with your legal rights and these Terms and Conditions.
Where required, we may ask you to retain the products, packaging, labels, or other relevant items until our investigation has been completed.
You must not use, alter, dispose of, or modify products that are subject to a complaint unless we have agreed otherwise or this is required by law.
12.3 Faulty products or products not as described
If a product is faulty, defective, or does not match the description or specification agreed as part of the Contract, we will assess the issue and, where appropriate, provide a repair, replacement, refund, credit, or other remedy in accordance with your legal rights.
Where necessary, we may require the product to be returned for inspection or testing before confirming the appropriate remedy.
Where a return is required because the product is faulty, damaged before risk passed to you, not as described, or incorrectly supplied, we will cover reasonable return costs where required by law or where agreed by us in advance.
12.4 Returning products
Where a return is agreed or required, we will provide instructions for returning the product.
Unless the return is due to a fault, damage, incorrect supply, or another reason where we are responsible, you are responsible for ensuring the product is safely packaged and returned using an appropriate delivery method.
Products returned to us must include all relevant components, accessories, packaging, instructions, labels, and documentation where applicable.
12.5 Inspection and assessment
Any returned product may be inspected to determine the nature of the issue and whether a refund, replacement, credit, repair, or other remedy applies.
We are not responsible for issues caused by misuse, incorrect storage, failure to follow instructions, accidental damage, contamination, modification, alteration, or use outside the intended purpose of the product.
12.6 Laboratory analysis, sampling and services
Due to the nature of laboratory analysis, sampling, testing, monitoring, and other services provided by us, refunds or cancellations may be subject to the provisions set out elsewhere in these Terms and Conditions.
Where laboratory analysis, testing, sampling, monitoring, or other services have commenced, been completed, or costs have been incurred, refunds may not be available except where required by law or where we have failed to provide the service in accordance with the Contract.
Where results, reports, or analysis are affected by incorrect, incomplete, contaminated, or improperly collected samples supplied by you, we will not be responsible for any resulting delay, additional cost, or inaccurate result, except where caused by our negligence or breach of contract.
12.7 Refunds
Where a refund is due, we will normally refund the payment using the original payment method unless otherwise agreed.
We are not responsible for delays caused by banks, payment providers, currency conversion, or other third-party payment processes.
13. Laboratory analysis, sampling and professional service
13.1 Scope of this section
This section applies to laboratory analysis, water testing, sampling services, monitoring services, reporting services, interpretation services, consultancy services, and any other technical services supplied by us.
13.2 Commencement of service.
Services may involve work being carried out before a final report, result, certificate, or other output is provided. This may include order processing, preparation of sampling kits, allocation of laboratory capacity, receipt and registration of samples, sample preparation, laboratory analysis, quality control checks, technical review, reporting, and related administrative work.
Once services have commenced, cancellation rights and charges may be affected as set out in these Terms and Conditions.
13.3 Timescales
Any estimated timescales provided for sampling, analysis, testing, reporting, monitoring, or results are estimates only unless we expressly agree otherwise in writing.
Timescales may be affected by factors including sample condition, sample delivery, laboratory capacity, specialist testing requirements, quality control procedures, retesting, third-party laboratory availability, equipment issues, regulatory requirements, courier delays, or circumstances outside our reasonable control.
13.4 Samples provided by you
Where you provide samples for testing or analysis, you are responsible for ensuring that samples are collected, labelled, stored, packaged, and returned in accordance with our instructions unless we have expressly agreed otherwise in writing.
We are not responsible for inaccurate, delayed, invalid, incomplete, or unreliable results caused by issues including: incorrect sampling methods; contamination; incorrect or missing labels; unsuitable containers; insufficient sample volume; incorrect storage; delays in turning samples; failure to provide required information; or failure to follow our instructions.
This does not exclude liability where the issue is caused by our breach of contract, negligence, or where liability cannot lawfully be excluded.
13.5 Sample suitability
We may be unable to analyse a sample, or the reliability of results may be affected, where a sample is lost, damaged, contaminated, deteriorated, incorrectly labelled, incorrectly packaged, insufficient, unsuitable, or received outside any required timescale.
Where this occurs, we may: request a replacement sample; provide a revised timescale; cancel the affected service where appropriate; or charge reasonable costs already incurred where permitted by law.
13.6 Results, reports and certificates
Reports, results, certificates, comments, guidance, and other information provided by us are based on: the sample received; the information provided by you; the analysis requested; and the conditions applying at the time of testing
Unless expressly agreed otherwise in writing, our results relate only to the sample tested and the services specifically provided.
Results, reports, certificates, comments, or guidance do not guarantee the condition, safety, suitability, compliance, or quality of any wider water system, property, site, process, installation, or water source that has not been directly tested or assessed by us.
13.7 Intended use of reports and results
You are responsible for determining whether any report, result, certificate, comment, or guidance supplied by us is suitable for your intended purpose, including any legal, regulatory, professional, insurance, property, client, evidential, compliance, or international requirement.
We will not be responsible where a report or result is used for a purpose that we have not expressly confirmed in writing as suitable.
13.8 Third-party laboratories and specialist service
Where specialist testing, analysis, or services are carried out by a third-party laboratory or service provider, we may rely on information, results, and reports supplied by that provider.
We will remain responsible for our obligations under these Terms and Conditions, but we are not responsible for delays or issues caused by third-party providers where those matters are outside our reasonable control.
14. Product safety and suitability
14.1 Intended use
You are responsible for ensuring that any products, sampling kits, equipment, reagents, consumables, monitoring products, or other items supplied by us are suitable for your intended use, unless we have expressly confirmed suitability for that specific purpose in writing
14.2 Instructions and safe use
You must read and follow all instructions, labels, warnings, safety information, storage requirements, technical guidance, manufacturer information, and other documentation supplied with or relating to the products.
Products must only be used for their intended purpose and in accordance with any applicable instructions, limitations, expiry dates, storage requirements, and safety information.
14.3 Storage, handling and disposal
You are responsible for ensuring that products are stored, handled, transported, installed, maintained, used, and disposed of safely and appropriately, including compliance with any applicable legal, regulatory, environmental, or safety requirements.
Where products include chemicals, reagents, testing materials, or other items requiring specific handling, you must ensure they are used only by persons who are suitably competent, trained, authorised, or supervised.
14.4 Product alterations and misuse
You must not misuse, modify, tamper with, contaminate, dismantle, repair, relabel, repackage, combine, or alter any product in a way that is inconsistent with the product instructions, safety information, intended purpose, or these Terms and Conditions, unless we have agreed otherwise in writing.
14.5 Advice and product information
Any advice, guidance, recommendations, product information, service information, or technical information provided by us is based on the information available to us and the information provided by you.
You are responsible for ensuring that any information you provide to us is accurate, complete, and not misleading.
Unless expressly agreed by us in writing, we do not guarantee that any product, service, recommendation, report, result, or information supplied by us will satisfy any specific legal, regulatory, professional, insurance, property, client, evidential, compliance, environmental, or specialist requirement.
14.6 Defects and safety concerns
You must notify us as soon as reasonably possible if you become aware of any defect, damage, safety issue, suspected contamination, incorrect product, missing information, or other issue that may affect the safe or proper use of any product or service supplied by us.
14.7 Responsibility for improper use
We are not responsible for any loss, damage, delay, invalid test result, unsuitable result, failed analysis, additional cost, or other issue arising from: failure to follow instructions; misuse of products; incorrect storage or handling; contamination; unauthorised alteration or modification; use beyond expiry dates; use for an unsuitable purpose; use by persons who are not suitably competent; or inaccurate or incomplete information provided by you.
This does not limit any liability arising from our breach of contract, negligence, defective products, or any liability that cannot lawfully be excluded or restricted.
15. Liability and warranties
15.1 We are responsible for supplying products and services that comply with these Terms and Conditions, the Contract, and any legal rights that apply to you.
15.2 Unless otherwise stated in writing, products supplied by us are covered only by any warranty provided by the manufacturer or supplier, together with any statutory rights that apply to you.
15.3 Where a manufacturer’s or supplier’s warranty applies, the terms, duration, exclusions, and requirements of that warranty will be those provided by the relevant manufacturer or supplier. We may assist you in dealing with a warranty claim where appropriate but cannot extend, alter, or provide additional warranty rights beyond those confirmed by us in writing.
15.4 Any warranty or guarantee provided by us in writing is subject to the terms stated with that warranty or guarantee. Unless otherwise stated, warranty coverage does not apply to defects, damage, faults, or failures caused by: fair wear and tear; accidental damage; misuse, improper use, or use outside the intended purpose of the product; failure to follow product instructions, safety information, storage requirements, installation requirements, or technical guidance; unsuitable storage, handling, transport, maintenance, or disposal; contamination, alteration, modification, repair, or interference by you or a third party; use after expiry dates or outside stated operating conditions; or any other cause outside the reasonable control of the product manufacturer or ourselves.
15.5 Where a product is returned for warranty assessment, we may inspect or test the product ourselves or refer it to the manufacturer, supplier, laboratory, or another appropriate third party for assessment. We may rely on the findings of the relevant manufacturer, supplier, laboratory, or technical assessor when determining whether a fault is covered by warranty.
15.6 If a product returned for warranty assessment is found not to be faulty, or if the issue is determined not to be covered by warranty, we may: return the product to you; provide repair options where available; offer a replacement, credit, or alternative solution where appropriate; or dispose of the product with your agreement.
15.7 Where permitted by law, we may charge reasonable inspection, testing, administration, storage, or return delivery costs where a product is found not to be defective or where the issue is outside warranty coverage, provided we have notified you of any applicable charge.
15.8 You are responsible for ensuring that any products, services, tests, sampling kits, laboratory analysis, or monitoring solutions you order are suitable for your intended use, unless we have expressly confirmed suitability for that specific use in writing. Any advice, guidance, product information, test information, or recommendation provided by us is based on the information supplied by you, and you are responsible for ensuring that such information is accurate, complete, and not misleading.
15.9 We are not responsible for losses arising from your failure to follow product instructions, sampling instructions, storage instructions, return instructions, safety information, technical guidance, or any written information supplied with the relevant product or service.
15.10 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, defective products where liability cannot lawfully be excluded, breach of statutory rights that cannot lawfully be excluded or restricted, or any other liability that cannot lawfully be excluded or restricted.
16. Data protection
16.1 We will collect, use, store, and protect personal information in accordance with UK GDPR, the Data Protection Act 2018, and other applicable data protection legislation and our Privacy Policy, which is available on our website.
16.2 Our Privacy Policy explains what personal information we collect, how and why we use it, the lawful bases we rely on, how long we retain information, who we may share information with, and the rights you have in relation to your personal information.
16.3 We may process personal information provided by you in connection with your order, account, quotation, invoice, delivery, return, refund, product, service, laboratory analysis, report, result, technical enquiry, complaint, or any other matter relating to products or services supplied or requested by you.
16.4 Where you provide us with personal information relating to another person, including a client, property owner, site contact, employee, representative, or other third party, you confirm that you have the necessary authority or lawful basis to provide that information to us and for us to use it for the purposes connected with supplying our products or services.
16.5 We may contact you where necessary in connection with your order, account, quotation, invoice, delivery, return, refund, product, service, laboratory analysis, report, result, or any other matter relating to products or services you have requested from us.
16.6 We will only send marketing communications where we are permitted to do so by law. Where required, we will obtain your consent before sending marketing communications. You may withdraw consent or opt out of marketing communications at any time by using the unsubscribe option provided or by contacting us.
17. Security and fraud prevention
17.1 To help protect you, us, and others against fraud, unauthorised transactions, identity misuse, payment misuse, and other security risks, we may carry out reasonable and proportionate verification and security checks when you place an order, request credit terms, use a commercial invoice facility, open or use an account, request delivery to an alternative address, or where we reasonably consider such checks necessary.
17.2 These checks may include verifying information such as your name, billing address, delivery address, contact details, payment information, account details, business details, purchase order information, or other information supplied by you during the order or account process.
17.3 Where reasonably required, we may ask you to provide additional information or documentation to verify your identity, authority to place an order, payment details, delivery information, business details, or account information.
17.4 We may use trusted third-party service providers, payment providers, fraud-prevention services, identity-verification services, credit reference agencies, or other relevant providers to assist us with verification, fraud prevention, payment security, account checks, or credit assessments.
17.5 Verification or fraud-prevention checks do not necessarily involve a credit application or credit assessment. Where we carry out a credit check or credit assessment in connection with a credit account, commercial invoice facility, or payment-on-account arrangement, we will inform you where required by law.
17.6 We may delay processing an order or delivery while reasonable security checks are being completed. We may refuse, suspend, or cancel an order, delivery, account facility, commercial invoice facility, credit account, or payment-on-account arrangement where: we are unable to complete reasonable security checks; information provided cannot be verified; payment cannot be authorised; we reasonably suspect fraud, unauthorised use, or misuse of an account; or we reasonably consider there to be a security or credit risk.
17.7 We will handle any personal information used for verification, fraud prevention, payment security, account checks, or related purposes in accordance with our Privacy Policy and applicable data protection laws.
18. Website content and intellectual property
18.1 All content on our website, including text, product information, service information, photographs, images, graphics, logos, icons, trade names, trademarks, designs, documents, downloads, guides, reports, technical information, layout, software, and other materials, is owned by us, licensed to us, or used by us with permission, unless otherwise stated.
18.2 We grant you a limited, non-exclusive, non-transferable right to access, view, download, and print website content for your own personal, domestic, internal business, professional, or order-related purposes only.
18.3 You may use documents, reports, certificates, product information, technical information, and other materials supplied by us where reasonably necessary for the use of products or services purchased from us, including sharing such information with relevant employees, clients, regulators, insurers, advisers, or other professional parties where appropriate.
18.4 You must not, without our prior written consent: copy, reproduce, publish, distribute, sell, licence, modify, adapt, extract, scrape, or commercially exploit website content; create derivative works from our website content, documents, reports, guides, technical information, or other materials; or use our content for any commercial purpose unrelated to products or services supplied by us
18.5 You must not use our name, logo, branding, trademarks, trade names, photographs, reports, documents, or other materials in a way that suggests any association, approval, endorsement, resale arrangement, agency, partnership, or authorisation by us unless we have expressly agreed this in writing
18.6 Product images, descriptions, specifications, technical information, guides, articles, downloads, and other website content are provided for general information only. Unless expressly confirmed by us in writing as part of the Contract, they do not constitute advice, a warranty, or a binding specification.
18.7 We take reasonable steps to ensure that information on our website is accurate and up to date. However, we do not guarantee that website content will always be complete, current, error-free, uninterrupted, or available.
18.8 You must not attempt to gain unauthorised access to our website, introduce malicious software, interfere with website operation, misuse website functionality, or carry out any activity that may damage, disrupt, or compromise the security or availability of our website.
19. Electronic communications
19.1 When using our website, placing an order with us, or otherwise communicating with us electronically, you agree that we may communicate with you by electronic means unless applicable law requires another form of communication.
19.2 We may contact you by email, through your online account, by notices on our website, order confirmation, invoice, quotation, delivery notification, service notification, report, result notification, or any other electronic method reasonably used in connection with your order, account, products, services, laboratory analysis, returns, refunds, or other dealings with us.
19.3 For contractual and administrative purposes, you agree that communications, confirmations, notices, records, documents, and other information provided electronically may satisfy any requirement for communications to be in writing, to the extent permitted by law.
19.4 You are responsible for ensuring that all contact details provided to us are accurate, complete, and kept up to date. We are not responsible for any delay, missed communication, failed delivery, or loss arising from incorrect, incomplete, or outdated contact details provided by you, except where liability cannot lawfully be excluded or restricted.
19.5 You are responsible for reviewing communications, documents, quotations, invoices, order confirmations, instructions, reports, and other information provided to you by us and notifying us promptly if you identify any error or issue.
19.6 We may retain electronic records of orders, communications, quotations, invoices, reports, results, and other documents relating to your dealings with us for record-keeping, contractual, legal, regulatory, and customer service purposes.
20. Notices
20.1 Any formal notice given by you to us under these Terms and Conditions must be in writing and sent to Test All Water Limited at Unit 62, Block 8, Old Mill Lane Industrial Estate, Mansfield, Nottinghamshire, NG19 9BG, or to any postal or email address that we provide for that purpose.
20.2 We may give formal notices to you using the email address, postal address, account details, or other contact details you provide to us when placing an order, opening an account, requesting a quotation, or otherwise communicating with us.
20.3 We may provide general information, updates, or changes to these Terms and Conditions by publishing information on our website where appropriate. This does not replace any requirement to provide a direct notice to you where a direct notice is required by law or under these Terms and Conditions.
20.4 A notice sent by email will be treated as received when it enters the recipient’s email system, unless the sender receives a notification that the email has not been delivered. A notice sent by post will be treated as received three working days after it is posted, provided it is correctly addressed and sent.
20.5 To prove that a notice has been sent, it is sufficient to show that the notice was properly addressed and sent by the relevant method of communication.
20.6 You are responsible for ensuring that the contact details you provide to us are accurate, complete, and kept up to date.
21. Transfer of Rights and Obligations
21.1 These Terms and Conditions are binding on you and us and on our respective successors and permitted assigns.
21.2 You may not assign, transfer, charge, hold on trust, subcontract, or otherwise deal with any of your rights or obligations under the Contract without our prior written consent.
21.3 We may assign, transfer, or otherwise deal with our rights and obligations under the Contract where we reasonably consider it necessary or appropriate, including in connection with a business sale, merger, reorganisation, change of ownership, group company arrangement, or transfer of part or all of our business.
21.4 We may use subcontractors, suppliers, laboratories, couriers, service providers, and other third parties to perform our obligations under the Contract. Where we subcontract performance of any obligation, we remain responsible for the performance of that obligation unless otherwise permitted by law.
22. Events outside our reasonable control
22.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract where that failure or delay is caused by an event outside our reasonable control.
22.2 An event outside our reasonable control means any act, event, omission, accident, circumstance, or cause beyond our reasonable control. This may include, but is not limited to, strikes, industrial disputes, civil unrest, terrorism or threat of terrorism, war or threat of war, fire, explosion, flood, storm, earthquake, natural disaster, epidemic, pandemic, extreme weather, supplier delay, manufacturer delay, laboratory delay, courier delay, transport disruption, customs delay, import or export restrictions, shortages of materials, shortages of stock, shortages of labour, utility failures, telecommunications failures, internet failures, cyber incidents, system outages, government action, changes in law, regulatory restrictions, or other circumstances beyond our reasonable control.
22.3 If an event outside our reasonable control affects our ability to perform our obligations, those obligations will be suspended for the duration of the event, and the time for performance will be extended for a reasonable period.
22.4 Where only part of an order is affected by an event outside our reasonable control, we may continue to perform the unaffected part of the order where reasonably possible.
22.5 We will take reasonable steps to reduce the impact of any event outside our reasonable control where it is practical to do so. This may include contacting you, arranging an alternative product or service, rescheduling delivery, delaying performance, or taking any other reasonable action available to us.
22.6 If an event outside our reasonable control continues for a prolonged period and prevents us from fulfilling an affected order, we may cancel the affected order and provide any refund, credit, or other remedy required by law or appropriate in the circumstances.
22.7 Where products have already been supplied, services have already been performed, laboratory analysis has started, or costs have already been incurred before the event occurred, you may remain responsible for payment of amounts properly due, subject to your legal rights.
22.8 Where you are purchasing as a domestic or private consumer, nothing in this section affects any statutory rights you have that cannot lawfully be excluded or restricted, including rights relating to delivery times and cancellation where applicable.
22.9 Nothing in this section affects any cancellation, refund, delivery, payment, or other rights dealt with elsewhere in these Terms and Conditions.
23. Waiver
23.1 If we fail to insist that you perform any obligation under a Contract or these Terms and Conditions, or if we delay or fail to exercise any right or remedy available to us, this will not mean that we have waived that obligation, right, or remedy.
23.2 We may still exercise any right or remedy available to us at a later date, including where we have previously delayed or chosen not to exercise that right or remedy.
23.3 Any waiver of a breach, default, right, or remedy will only be effective if it is expressly stated to be a waiver and communicated to you in writing in accordance with the Notices section of these Terms and Conditions.
23.4 A waiver of any particular breach or default will not operate as a waiver of any later or continuing breach or default.
23.5 Any exercise of a right or remedy by us, whether in whole or in part, will not prevent us from exercising that right or remedy again or exercising any other right or remedy available to us.
24. Severability
24.1 If any provision of these Terms and Conditions or any Contract is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision will be severed from the remaining provisions to the extent necessary.
24.2 The remaining provisions of these Terms and Conditions and the Contract will continue in full force and effect to the fullest extent permitted by law.
24.3 Where possible, any invalid, unlawful, or unenforceable provision will be replaced with a valid and enforceable provision that most closely achieves the intended effect of the original provision.
25. Entire Agreement
25.1 These Terms and Conditions, together with any accepted quotation, order confirmation, invoice, written specification, agreed service description, sampling instructions, product information, or other document expressly stated by us to form part of the Contract, constitute the agreement between you and us in relation to the relevant products or services.
25.2 You should ensure that any requirement, variation, representation, specification, or condition that is important to you is confirmed by us in writing before you place an order or before the Contract is formed.
25.3 No variation of these Terms and Conditions or any Contract will be effective unless agreed by us in writing.
25.4 Our Privacy Policy, Delivery Information page, Orders and Returns page, and other website information may provide additional information about our products, services, processes, and legal obligations, but will only form part of the Contract where we expressly state that they are incorporated into the Contract.
26. Changes to these Terms
26.1 We may update or revise these Terms and Conditions from time to time to reflect changes to our business, products, services, payment methods, delivery arrangements, systems, technology, legal requirements, regulatory requirements, or operational processes.
26.2 The Terms and Conditions that apply to your order will normally be the version in force at the time your order is accepted by us, unless we agree otherwise in writing or a change is required by law or a regulatory authority.
26.3 Changes to these Terms and Conditions will not normally affect Contracts that have already been accepted by us unless the change is required by law, regulation, court order, government authority, or other competent authority, or unless we agree the change with you in writing.
26.4 If we are required to make a change that affects an existing order or Contract, we will take reasonable steps to notify you and explain the effect of the change where appropriate.
26.5 We may update website pages, guidance, delivery information, returns information, policies, or other customer information from time to time. Any such information will only form part of the Contract where it has been expressly incorporated into the Contract or is otherwise required by law.
26.6 Nothing in this section affects any statutory rights you have as a domestic or private consumer that cannot lawfully be excluded or restricted.
27. Linked websites
27.1 Our website may contain links to websites, resources, services, or content provided by third parties. These links are provided for information, reference, or convenience only.
27.2 Unless we expressly state otherwise, we do not control, approve, endorse, guarantee, or accept responsibility for any third-party website, resource, content, product, service, information, availability, security, privacy practices, or policies.
27.3 If you access a third-party website through a link on our website, you do so at your own risk and subject to the terms, conditions, privacy policy, cookie policy, and other rules of that third-party website.
27.4 We are not responsible for any loss, damage, cost, liability, or inconvenience arising from your use of, or reliance on, any third-party website, resource, content, product, service, or information, except where liability cannot lawfully be excluded or restricted.
27.5 Any concerns regarding a third-party website, resource, product, or service should be directed to the relevant third-party provider.
28. Governing law and jurisdiction
28.1 These Terms and Conditions, any Contract between you and us, and any dispute, claim, or matter arising out of or in connection with them, including any dispute relating to their formation, existence, validity, interpretation, performance, breach, termination, or any non-contractual obligation, shall be governed by and interpreted in accordance with the laws of England and Wales.
28.2 The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute, claim, or matter arising out of or in connection with these Terms and Conditions or any Contract between you and us.
