• contract

Sales Terms and Conditions

1. Consumer terms and conditions of business for Supply 
2. Trade terms and conditions of business for Supply 
3. Plumis Privacy Policy


1. CONSUMER TERMS AND CONDITIONS OF BUSINESS FOR SUPPLY

This document (together with the privacy policy, terms of website use and other documents referred to on it) tells you the terms and conditions on which we supply Automist and associated equipment (the ‘Products’ ) listed on our website www.plumis.co.uk  (‘our site’) to you and purchased via the website. These terms and conditions do not relate to installation of any Product or other services, only supply.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Your attention is in particular drawn to the limitation of liability provisions in condition 10.

We strongly recommend that you do not book a plumber, electrician, builder or any other installer until all Products have been delivered and checked.

Products must be installed by suitably qualified or registered installers.

By ticking the ‘terms and conditions’ box on the order completion pages, you acknowledge that these terms have been provided to you prior to completion of your order and that you accept them in full. This complies with the “Consumer Protection (Distance Selling) Regulations 2000 – Goods”.  You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

Plumis Inc has US Headquarters on:
280 W Market St, 
York, PA, 
17401, 
United States

Plumis Limited is a company registered in England, number 06748654. 
Unit 1c, 
Clapham North Arts Centre, 
26-32 Voltaire Rd, 
London, 
SW4 6DH
Our VAT number is 946011051

2. YOUR STATUS

By placing an order with us, you warrant that:
(a) You are legally capable of entering into binding contracts;

(b) You are at least 18years old;

(c) All details you provide to us for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects;

(d) You are authorised to use the credit or debit card with which you purchase any Product(s) and that there are sufficient funds in your account to cover payment of the Product(s) ordered.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After placing an order with us, you will receive an initial e-mail from us acknowledging that we have received your order and a further email will usually be sent (usually within 48 hours of the initial e-mail) advising an estimated delivery date for the Product(s). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and product availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the  ‘Dispatch Confirmation’). The contract between us (the ‘Contract’) will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We will not dispatch incomplete systems unless you ask us to do so.

3.3 When placing an order, you warrant that any and all information and/or specifications given are complete and accurate.

3.4 We shall not be liable for any variations in any specification, description or colour of the Product which do not materially affect the performance, use and operation of the Product.

3.5 We reserve the right to refuse your order for any reason.

3.6 Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it. Any quotation is given on the basis that no Contract shall come into existence until we send you a dispatch confirmation in accordance with condition 2.1.

4. AVAILABILITY AND DELIVERY

4.1 We aim to fulfil your order by the delivery date set out in the Dispatch Confirmation.Where we become aware that the date for delivery may be delayed, we will notify you as soon as possible.

4.2 If you order more than one Product, the Products may be delivered to you in separate instalments. Each instalment is a separate Contract and no cancellation of one Contract relating to an instalment entitles you to cancel any other Contract or instalment. 
4.3 All deliveries require a signature. If the delivery address is not accessible by lorry you must inform us by telephone or email at the time of order.

4.4 You must inspect all Products before signing for delivery. If Products or their packaging are damaged on delivery, you must either refuse delivery or sign for delivery as ‘damaged’ and inform us in accordance with Condition 8.3.

4.5 If we are unable to deliver the Product(s) on time because you have not provided adequate delivery instructions, you may need to arrange re-delivery or collection with the delivery agent. If after such a failed delivery, the delivery agent returns the Product(s) to us, you agree to meet the costs of any subsequent re-delivery.

4.6 We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.

4.7 We shall not be liable for any non-delivery of Products unless you give written notice to us of the non-delivery within 3 days of the date when the Product(s) would in the ordinary course of events have been received. Our liability for non-delivery of Products shall be limited to replacing the Product(s) within a reasonable time.

4.8 Delivery to a different address other than the cardholder’s address is at our discretion.

5. RISK AND TITLE

5.1 The Products will be at your risk from the time of delivery.

5.2 Ownership of the Product(s) will pass to you on delivery assuming full payment has been received.

6. PRICE AND PAYMENT

6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Discounts for bulk purchases may be available on request.

6.2 These prices are shown as both exclusive and inclusive of VAT but exclude delivery costs, which will be added to the total amount due.  If such a delivery charge applies, we will notify you at the time of order.

6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 

6.4 We accept payment for Products by bank transfer, cheque, and most major credit and debit cards using Google Checkout. Where payment for Products is made by credit or debit cards issued outside the United Kingdom, such payment may be subject to an upper limit. Payment will be taken at the time of order. An order will not be dispatched until full payment has been received in respect of that order.

6.5 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

7. CONSUMER RIGHTS

7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out in condition 9).

7.2 To cancel a Contract, you must inform us by email or in writing. You must also return the Product(s) (together with any instructions and accessories for the Product(s) and any premium offers or free gifts accompanying the Product(s)) to us immediately, in the same condition in which you received them, in the original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of any Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.3 You will not have any right to cancel a Contract for the supply of any Products that have been altered or made to your specification or Products that have already been installed.

7.4 Details of this statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

8. QUALITY 

8.1 We warrant to you that on delivery any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

8.2 We warrant that the product meets the functional specification described, subject to availability of suitable power and fluid supplies and installation by a suitably qualified installer in line with our instructions. Routine test instructions must be followed. The effectiveness of the product will be dependant in part by factors such as, for example,  the size of room, cause of the fire, availability of ventilation, distance to the heat sensor (if installed) or time of triggering (if manual), and alert communication method and time to emergency services arrival. We therefore cannot warrant the effectiveness of the product in limiting the scale of fires, extinguishing fires, limiting damage or preventing injury or loss of life.

8.3 We offer a 24 month warranty from the date of receiving the goods against defects in manufacturing and our liability is limited to repair or replacement of those goods at our discretion once those goods have been returned to us by prepaid courier. Good will be returned or replaced free of charge within the United Kingdom if a warranty claim is accepted. 

8.4 If you receive a Product that is damaged or defective (including a defect as a result of damage in transit) we shall, at your option, replace such Product, or refund to you the amount you paid for such Product (in accordance with our Refunds Policy set out in condition 9) provided that you notify us of such damage or defect by email or in writing within 7 days of delivery of the Product. We may require you to return such Product(s) at our cost for an examination to take place.

8.5 Where a Product has been damaged whilst in your possession, or where we deem the complaint for the damaged or defective Product to be unjustified, we shall not be obliged to accept the return of such Product. In such circumstances, we will notify you that the Product is available for re-delivery and you shall be liable for any reasonable delivery charges incurred.

8.6 We shall not be liable for a breach of any of the warranties in condition 8.1 if:

(a) You make any further use of the Product(s) after giving such notice; or

(b) The defect arises because you (or a third party engaged by you) failed to follow the instructions as to the storage, installation, commissioning, use or maintenance of the Product(s) and good trade practice; or

(c) You alter or repair such Product(s).

8.7 If we comply with condition 8.4, we shall have no further liability for a breach of any of the warranties in condition 8.1 in respect of the Product(s).

9. OUR REFUNDS POLICY

9.1 When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see Condition 7), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you in the UK. However, you will be responsible for the cost of returning the item to us (or our suppliers, as directed by us).

(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of UK delivery charges for sending the item to you and the UK delivery charges incurred by you in returning the item to us.

9.2 When you return a Product to us outside the seven-day cooling off period (see Condition 7) (other than where a Product is damaged or defective on delivery), we may charge you a re-handling charge of up to a maximum of 40% of the value of the Product. We will endeavour to keep any re-handling charge to a minimum.

9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.4 Any Product returned to us (other than where such Product is damaged or defective on delivery) must be in a fully resalable condition and in its original, undamaged packaging. If the Product has not been returned us in fully resalable condition, we reserve the right to refuse to refund the purchase price of the Product.
9.5 We cannot supply or provide compensation towards the re-fitting of an item in the event that said item either needs to be returned or for which a replacement has already been issued.
9.6 We cannot supply or provide compensation towards the hiring or supplying of a tradesperson to re-fit an item in the event that said item either needs to be returned or for which a replacement has already been issued.

10. OUR LIABILITY 

10.1 Subject to conditions 3, 4, 7, 8 and 9, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

(a) any breach of these conditions;

(b) any use made or resale by you of any of the Products, or of any product incorporating any of the Products; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.2 Nothing in these conditions excludes or limits our liability:

(a) for death or personal injury directly caused by our negligence; or

(b) under section 2(3) of the Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

10.3 Subject to condition 10.1 and condition 10.2:

a) our 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 the Contract shall be limited to £1000000 in relation to public and product liability and £1000000 in relation to liability for the acts or omissions of our employees, agents and sub-contractors; and 
b) We shall not be liable to you for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract. 

11. IMPORT DUTY

11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

13. NOTICES

All notices given by you to us must be given to Plumis Limited at HMS President (1918), Victoria Embankment, London, United Kingdom, EC4Y 0HJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a ‘Force Majeure Event’).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government. 
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. DATA PROTECTION

Plumis Ltd will use information we have about you to administer and carry out the Works. your records may also be shared with other organisations and used by us and them to recover debt, trace debtors and prevent money laundering or fraud. Unless you tell us otherwise, we will also provide you with up-to-date information on other products, services and special offers we provide.

17. WAIVER

17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.

18. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

19. ENTIRE AGREEMENT

19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.


2. TRADE TERMS AND CONDITIONS OF BUSINESS FOR SUPPLY

This document (together with the privacy policy, terms of website use and other documents referred to on it) tells you the terms and conditions on which we supply Automist and associated equipment (the ‘Products’ ) listed on our website www.plumis.co.uk  (‘our site’) to you and purchased via the website. These terms and conditions do not relate to installation of any Product or other services, only supply.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Your attention is in particular drawn to the limitation of liability provisions in condition 7.

We strongly recommend that you do not book a plumber, electrician, builder or any other installer until all Products have been delivered and checked.

Products must be installed by suitably qualified or registered installers.

By ticking the ‘terms and conditions’ box on the order completion pages, you acknowledge that these terms have been provided to you prior to completion of your order and that you accept them in full. You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

Plumis Limited is a company registered in England, number 06748654. 
Registered address: 
HMS President (1918) 
Victoria Embankment 
London
UK
EC4Y 0HJ

Our VAT number is 946011051

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 After placing an order with Plumis Ltd, you will receive an initial e-mail from us acknowledging that we have received your order and a further email will usually be sent (usually within 48 hours of the initial e-mail) advising an estimated delivery date for the Product(s). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and product availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the ‘Dispatch Confirmation’). The contract between us (the ‘Contract’) will only be formed when we send you the Dispatch Confirmation.

2.2 Subject to any variation under condition 2.4, the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).

2.3 No terms or conditions endorsed on, delivered with or contained in any purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.4 These conditions apply to all the sales of Plumis Ltd and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed on behalf of Plumis Ltd. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

2.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We will not dispatch incomplete systems unless you ask us to do so.

2.6 When placing an order, you warrant that any and all information and/or specifications given are complete and accurate.

2.7 We shall not be liable for any variations in any specification, description or colour of the Product which do not materially affect the performance, use and operation of the Product.

2.8 We reserve the right to refuse your order for any reason.

2.9 Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it. Any quotation is given on the basis that no Contract shall come into existence until we send you a dispatch confirmation in accordance with condition 2.1.

2.10 We are unable to cancel any order once the Product(s) has been dispatched.

3. AVAILABILITY AND DELIVERY

3.1 Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.

3.2 If you order more than one Product, the Products may be delivered to you in separate instalments. Each instalment is a separate Contract and no cancellation of one Contract relating to an instalment entitles you to cancel any other Contract or instalment. 
We strongly recommend that you do not arrange the installation of your order until all Products have been delivered and checked.
3.3 All deliveries require a signature. Deliveries will be made to the ‘kerb-side’, ground floor of a delivery address only. You agree to provide (at your expense) adequate and appropriate manual labour for unloading the Product(s). If the delivery address is not accessible by lorry you must inform us [by telephone] at the time of order.

3.4 You must inspect all Products thoroughly before signing for delivery. If items are damaged or defective on delivery, you must inform us in accordance with Condition 6.4.

3.5 If you fail to take delivery of the Product(s) or we are unable to deliver the Product(s) on time because you have not provided adequate delivery instructions:

a) risk in the Products shall pass to you (including for loss or damage caused by our negligence);

b) the Products shall be deemed to have been delivered;

c) we may store the Products until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, delivery, storage and insurance).

3.6 Subject to the other provisions of these conditions, we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.

3.7 The quantity of any consignment of Products as recorded on despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

3.8 We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 3 days of the date when the Product(s) would in the ordinary course of events have been received.

3.9 Our liability for non-delivery of Products shall be limited to replacing the Product(s) within a reasonable time or issuing a credit not at the pro rata Contract rate against any invoice raised for such Products.

3.10 Delivery to a different address other than the cardholder’s address is at our discretion.

4. RISK AND TITLE

4.1 The Products will be at your risk from the time of delivery.

4.2 Ownership of the Product(s) will only pass to you when we receive full payment (in cash or cleared funds) of all sums due in respect:

a) the Product(s) (including delivery charges); and

b) all other sums which are or which become due to us from you on any account.

4.3 Until ownership of the Products has passed to you, you shall:

a) hold the Products on a fiduciary basis as our bailee;

b) store the Products (at no cost to us) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as our property;

c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

d) maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce to us the policy of insurance.

4.4 You may resell the Products before ownership has passed to you solely on the following conditions:

a) any sale shall be effected in the ordinary course of your business at full market value; and

b) any such sale shall be a sale of our property on your own behalf and you shall deal as principal when making such a sale.

c) the full proceeds of sale (or such monies as you shall receive) are the property of and held on trust for us and if we require in writing, shall be kept separate from your own monies and from all other accounts. At such time as we may require, you shall account to us for the full proceeds of sale (or such monies as you shall have received) as our bailee and shall keep a separate account of all such proceeds or monies for such purposes.

4.5 Your right to possession of the Products shall terminate immediately if:

a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of the undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency; or

b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

c) you encumber or in any way charge any of the Products.

4.6 Where we are unable to determine whether any Products are the products in respect of which your right to possession has terminated, you shall be deemed to have sold all goods of the kind sold by us to you in the order in which they were invoiced to you.

4.7 On termination of the Contract, howsoever caused, our (but not your) rights contained in this condition 4 shall remain in effect.

5. PRICE AND PAYMENT

5.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Discounts for bulk purchases may be available on request. 
5.2 The prices quoted on our site are shown as both exclusive and inclusive of VAT but exclude delivery costs, which will be added to the total amount due.  If such a delivery charge applies, we will notify you at the time of order. 
5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 
5.4 We accept payment for Products by bank transfer, cheque, and most major credit and debit cards using Google Checkout. Where payment for Products is made by credit or debit cards issued outside the United Kingdom, such payment may be subject to a limit. At our discretion, some orders may not be dispatched until full payment has been received in respect of those orders.

5.5 Time for payment shall be of the essence.

5.6 Invoices may be issued on or at any time after the delivery of Products and must be paid within 3 days of the date of the relevant invoice.

5.7 No payment shall be deemed to have been received until we have received cleared funds.

5.8 We may refuse to accept cash settlement of amounts due under the Contract.

5.9 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.

5.10 You shall make all payments due under the Contract in full without any deduction whether by way of set-off. Counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.

5.11 If you fail to pay to us any sum due pursuant to the Contract, we may suspend any further deliveries to you and you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 2 % above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after judgment.

5.12 We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6. QUALITY

6.1 We warrant to you that on delivery any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

6.2 We warrant that the product meets the functional specification described, subject to availability of suitable power and fluid supplies and installation by a suitably qualified installer in line with our instructions. Routine test instructions must be followed. The effectiveness of the product will be dependant in part by factors such as, for example,  the size of room, cause of the fire, availability of ventilation, distance to the heat sensor (if installed) or time of triggering (if manual), and alert communication method and time to emergency services arrival. We therefore cannot warrant the effectiveness of the product in limiting the scale of fires, extinguishing fires, limiting damage or preventing injury or loss of life.

6.3 We offer a 24 month warranty from the date of receiving the goods against defects in manufacturing and our liability is limited to repair or replacement of those goods at our discretion once those goods have been returned to us by prepaid courier. Good will be returned or replaced free of charge within the United Kingdom if a warranty claim is accepted. 

6.4  If you receive a Product that is damaged or defective (including a defect as a result of damage in transit) we shall, at our option, repair or replace such Product (or the defective part), or refund to you the amount you paid for such Product provided that you notify us of such damage or defect by email or in writing within 7 days of delivery of the Product. We may require you to return such Product(s) to the supplier or manufacturer at our cost for an examination to take place.

6.5 Where a Product has been damaged whilst in your possession, or where we deem the complaint for the damaged or defective Product to be unjustified, we shall not be obliged to accept the return of such Product. In such circumstances, we will notify you that the Product is available for re-delivery and you shall be liable for any reasonable delivery charges incurred.

6.6 We shall not be liable for a breach of any of the warranties in conditions 6.1, 6.2 or 6.3 if:

(a) You make any further use of the Product(s) after giving such notice pursuant to 6.4; or

(b) You (or a third party engaged by you) failed to follow the supplied instructions in any way, including but not limited to the instructions regarding storage, installation, commissioning, use or maintenance of the Product(s) and good trade practice, and in particular fail to complete and return promptly the full and correct details of the installation as requested in the instructions; or

(c) You alter or repair such Product(s). 
6.7  We cannot supply or provide compensation towards the re-fitting of an item in the event that said item either needs to be returned or for which a replacement has already been issued.
6.8  We cannot supply or provide compensation towards the hiring or supplying of a tradesperson to re-fit an item in the event that said item either needs to be returned or for which a replacement has already been issued 
6.9  If we comply with condition 6.4, we shall have no further liability for a breach of any of the warranties in condition 6.1 in respect of the Product(s).

7. OUR LIABILITY

7.1 Subject to conditions 3 and 6, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

(a) any breach of these conditions;

(b) any use made or resale by you of any of the Products, or of any product incorporating any of the Products; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

7.2 All warranties, conditions and other terms implied by statue or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

7.3 Nothing in these conditions excludes or limits our liability:

(a) for death or personal injury caused by our negligence; or

(b) under section 2(3) of the Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

7.4 Subject to conditions 7.1, 7.2 and 7.3:

a) our 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 the Contract shall be limited to £1000000 in relation to public and product liability and £1000000 in relation to liability for the acts or omissions of our employees, agents and sub-contractors; and 
b) We shall not be liable to you for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.

8. IMPORT DUTY

8.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

8.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

9. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. NOTICES

All notices given by you to us must be given to Plumis Limited at HMS President (1918), Victoria Embankment, London, United Kingdom, EC4Y 0HJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a ‘Force Majeure Event’).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government. 
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. DATA PROTECTION

Plumis Ltd will use information we have about you to administer and carry out the Works. your records may also be shared with other organisations and used by us and them to recover debt, trace debtors and prevent money laundering or fraud. Unless you tell us otherwise, we will also provide you with up-to-date information on other products, services and special offers we provide.

14. WAIVER

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.

15. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT 

16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. 

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities].

17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 

18. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.


3. PLUMIS PRIVACY POLICY

We at Plumis Ltd are committed to protecting your privacy. This Privacy Policy applies to both our websites (Websites), including www.plumis.co.uk, and www.thesmartscan.co.uk.
This Privacy Policy governs our data collection, processing and usage practices. By using the Website you consent to the data practices described in this Privacy Policy.

If you do not agree with the data practices described in this Privacy Policy, you should not use the Website.

We periodically update this Privacy Policy. We encourage you to review this Privacy Policy periodically.

Tuesday, 26 July 2016

1. Important Information

1.1. Changes to this Privacy Policy 
We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. Your continued use of the Website, and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy.

1.2. Contact Us 
If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at privacy@plumis.co.uk or by mail to Plumis, Unit 1c, Clapham North Arts Centre, 26-32 Voltaire Rd, London, SW4 6DH, Attn: Privacy.

2. Information We Collect

2.1. When You Visit our Websites 
You are free to explore the Websites without providing any information about yourself. When you visit the Websites, we request that you provide Personal Information about yourself, and we collect Navigational Information.

2.2. Personal Information 
This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, job title, address, phone number, and other information about yourself or your business. Personal Information can also include information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

2.3. Navigational Information
This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the Navigation Information section below.

3. How We Use Information We Collect

3.1. Compliance with Our Privacy Policy 
We use the information we collect only in compliance with this Privacy Policy.

3.2. We Never Sell Personal Information 
We will never sell your Personal Information to any third party.

3.3. Use of Personal Information 
In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to: (a) improve your browsing experience by personalizing the Websites; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and (d) provide other companies with statistical information about our users -- but this information will not be used to identify any individual user. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party. In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.

3.4. Use of Navigational Information 
We use Navigational Information to operate and improve the Websites. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalised information about Plumis.

3.5. Customer Testimonials and Comments 
We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.

3.6. Service Providers 
We have a network of partners who provide services to visitors to our Websites, our customers, and users may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analysing data, providing marketing assistance, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.

3.7. Security of your Personal Information 
We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

3.8. Social Media Features 
Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features.  Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

3.9. External Websites 
Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

3.10. Public Forums 
We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request, as described in Opting Out and Unsubscribing below.

3.11. Retention of Personal Information 
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about maintenance or our other services, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in Opting Out and Unsubscribing below. If you provide information to our partners as part of maintenance contracts, our customers decide how long to retain the personal information they collect from you.

3.12. Corporate Events 
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Plumis on the Websites.

3.13. Compelled Disclosure 
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process.

4. Navigational Information

4.1. Cookies 
We use cookies to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Websites you visit. Plumis keeps track of the Websites and pages you visit within Plumis, in order to determine what portion of the Plumis Website is the most popular or most used. This data is used to deliver customized content and promotions within the Plumis Website to customers whose behaviour indicates that they are interested in a particular subject area.

4.2. Log Files 
We may collect demographic information, such as your postcode, age, gender, preferences, interests and favourites using log files that are not associated with your name or other personally identifying information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Plumis to maintain quality, and to provide general statistics regarding use of the Plumis Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.

4.3. Navigational Information Collected by Our Customers 
Our customers can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their webpages. Plumis does not control our customers' use of these tools, nor do we control the information they collect or how they use it. 

4.4. Third Party Tracking Technologies 
The use of cookies and web beacons by any tracking utility company is not covered by our privacy statement.  We do not have access or control over these third party tracking technologies

5. Opting Out and Unsubscribing 

5.1. Reviewing, Correcting and Removing Your Personal Information 
If you provide us with your Personal Information, you have the following rights with respect to that information: 

  • To review the user information that you have supplied to us 
  •  To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us 
  • To request that your user information not be used to contact you 
  • To request that your user information be removed from any solicitation list that we use 
  •  To request that your user information be deleted from our records
  • To opt out of being solicited by Plumis or third parties 

To exercise any of these rights, please contact us at privacy@plumis.co.uk or by mail to Plumis, Unit 1c, Clapham North Arts Centre, 26-32 Voltaire Rd, London, SW4 6DH Attention: Privacy. We will promptly change, correct, or delete your information and notify you of the action we have taken.

5.2. To Unsubscribe From Our Communications 
You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, or by sending us email us at please contact us at privacy@plumis.co.uk or by mail to Plumis, Unit 1c, Clapham North Arts Centre, 26-32 Voltaire Rd, London, SW4 6DH Attention: Privacy.

5.3. To Unsubscribe from Our Customers' Communications 
Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. You can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly.

Resources & Further Information