Terms of service
Where to find information about us and our products
You can find everything you need to know about us, Tsurumi Pumps UK Limited, and our products on our website, in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email or on paper.
We don't give business customers all the same rights as consumers
For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that:
- We only accept orders when we've checked them
- Sometimes we reject orders
- We charge you when you order
- We charge interest on late payments
- We pass on increases in VAT
- We're not responsible for delays outside our control
- Products can vary slightly from their pictures
- You're responsible for making sure your measurements are accurate
- We charge you if you don't give us information we need
- If you are a consumer and you bought online, by mail order, or over the telephone, you have a legal right to change your mind.
- You can end an on-going contract (find out how)
- You have rights if there is something wrong with your product
- We can change products and these terms
- We can suspend supply (and you have rights if we do)
- We can withdraw products
- We can end our contract with you
- You will observe and comply with the export national and international control regulations of the UK, the EU and the USA when passing on products purchased from us to third parties
- We don't compensate you for all losses caused by us or our products
- We use your personal data as set out in our Privacy Notice
- You have several options for resolving disputes with us
- Other important terms apply to our contract
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we've checked them
We contact you to confirm we've received your order and to confirm we've accepted it. Your order shall only be deemed to be accepted when we have issued our acceptance in writing.
Where we provide you with a quotation, the contract between us shall only come into existence when you have accepted the quotation in writing (which shall constitute an order), and we subsequently issue written acceptance of that order.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We may accept orders to be delivered outside of the UK at our discretion. If we accept an order for delivery outside of the UK, you will bear the costs of any expenses we incur in fulfilling an order including postage, packaging, carriage, freight and handling charges, insurance, currency conversion and banking charges applicable to the payment method used, value added tax or any other applicable sales tax, and any customs, import or other duties charged in respect of the sale and importation of products into the country in which your delivery point is located.
Payment is due on order in full and cleared funds. For some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than services), you will own it once we have received payment in full. Until title in the goods has passed to you, you shall store the goods separately, so they are readily identifiable as owned by us, and maintain the goods in satisfactory condition. For the avoidance of doubt, risk in the goods shall pass to you on completion of the delivery.
If a credit account has been approved by us, payment shall be due within 30 days of the date of the invoice.
Delivery is completed on completion of unloading the goods at your specified delivery location. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us on 01622 355 000 or by email to sales@tsurumi.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product's true technical data and characteristic may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Weights, dimensions, performances, operating conditions and fluids, applications and pictures on our website and in our catalogues are for guidance only.
You're responsible for making sure your measurements are accurate
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information and tips on how to measure by contacting us by telephone or email.
We charge you if you don't give us information we need
We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, or to provide services, as agreed with us. For example, we might need to re-deliver on another vehicle or reschedule services.
If you are a consumer and you bought online, by mail order, or over the telephone you have a legal right to change your mind
Your legal right to change your mind. For most of our products bought online, by mail order, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. You have 14 days to change your mind, and you pay the costs of return. This is subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for:
- services, once these have been completed;
- goods that are made to your specifications (such as a hose cut to order) or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
- the day we deliver your product, if it is goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- the day we confirm we have accepted your order, if it is for a service.
How to let us know. To let us know you want to change your mind and return unused goods, you must contact us in writing to Tsurumi Pumps UK Limited, Obart House, Liphook Way, 20/20 Business Park, Maidstone, Kent. ME16 0FZ or by email to sales@tsurumi.co.uk or by calling us on 01622 355 000.
You have to return the product at your own cost. If your product is goods, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns must be in their original product boxes, undamaged by you or your return delivery method, and unused. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
- bring the product to our store. You will need your email receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
You have to pay for services you received before you change your mind. If you bought a service (such as pump refurbishment) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, or if you have opened and used a product, no refund may be due. If we consider that the returned item is impossible to re-stock, due to the condition in which it was received, we will confirm this in writing with an option to scrap the unit or return it.
When and how we refund you. If your product is a service or goods that haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We may charge a 20% re-stocking charge for unused goods that are returned to us. This will cover our reasonable charges for inspection, testing, re-packing and administration.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular services) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact us on 01622 355 000 or by email to sales@tsurumi.co.uk.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must advise us within 3 days of receipt by either bringing it into our store or contacting us on 01622 355 000 or by email to sales@tsurumi.co.uk.
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. Remember too that You have several options for resolving disputes with us.
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Summary of your key legal rights If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: - Up to 30 days: if your goods are faulty, then you can get a refund. - Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. - Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, the Consumer Rights Act 2015 says: - You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. - If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. - If a time hasn't been agreed upfront, it must be carried out within a reasonable time. |
Your rights if you are a business. We warrant that on delivery, and during the warranty period (as set out at the end of these terms), any products which are goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Defective products. You must advise us of any defects in the goods as soon as they are discovered. You will be deemed to have accepted the goods if they have not been rejected by the third day after delivery. You must detail any damage or shortages and then write this on the carrier’s delivery documentation if possible. You will not be entitled to reject the goods in whole or in part after the expiry of the 3-day period. Our prior agreement is required before you return any goods to us and you may be liable for a restocking charge which will be deducted from any refund you are entitled to.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:
- you give us notice in writing during the warranty period (as set out at the end of these terms) within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.
Changes we can only make if we give you notice and an option to terminate. We can also make changes to the product or these terms, but if we do so we'll notify you and you can then contact us to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;
- you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
- you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 7 days then (unless the product is made to your specifications or is clearly personalised) we may treat your order as cancelled and refund the purchase price, see If you are a consumer and you bought online, by mail order, or over the telephone, you have a legal right to change your mind.
You will observe and comply with the export national and international control regulations of the UK, the EU and the USA when passing on products purchased from us to third parties
1) All contractual obligations committed by us are subject to compliance of the following export control regulations from (2.) to (5.) by the recipient of goods.
2) The recipient, when transferring on the goods supplied by us (pumps of any kind/ control systems/ spare parts and/ or software and/ or technology, as well as the associated documentation, regardless of the manner of the provision) or the work and services provided by us (including technical assistance of any kind) to third parties comply with the applicable regulations of national and international (re) export control law. In any case, the recipient must observe the (re-)export control regulations of the United Kingdom, the European Union and the United States of America when passing on such goods, works and services to third parties.
3) Before passing on the goods supplied by us or the work and services provided to third parties, the recipient will in particular check and take appropriate measures to ensure that they do not violate an embargo of the European Union, the United States of America and/or the United Nations - also considering any restrictions on domestic business and any prohibitions on circumvention - by such transfer to third parties, by arranging contracts for such goods, work and services or by providing other economic resources in connection with such goods, work and services, such goods, works and services are not intended for a prohibited use or use requiring authorisation and/or for armaments, nuclear or weapons-related use, unless any necessary authorisations have been obtained, the provisions of all relevant sanctions lists of the United Kingdom, European Union and the United States of America concerning business transactions with companies, persons or organizations listed therein are observed.
4) If export control checks by authorities or by us are required, the recipient will, upon request, immediately provide us with all information about the end-user, the final destination and the intended use of the goods delivered by us or the work and services provided by us, as well as any export control restrictions applicable in this regard.
5) The recipient fully indemnifies us against all claims asserted by authorities or other third parties against us due to the recipient's failure to comply with the above export control obligations and undertakes to compensate us for all damages and expenses incurred in this connection.
6) We exclude contractual penalties for any delays (not performance) due to required export permits if we are not responsible for them.
7) We are released from its obligation to provide services if the service to be provided is subsequently not possible due to political developments (legal impossibility)
8) In the event of culpable violations of the export control regulations from (2.) to (5.), the recipient will be charged contractual penalties of £5,000.00 or 10% of the order value (if the order value is > £50,000).
9) Place of fulfilment and jurisdiction is Maidstone, Kent, UK.
We don't compensate you for all losses caused by us or our products
Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own property which you could have avoided by following our installation or set-up instructions.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://www.tsurumi.co.uk/policies/privacy-policy.
You have several options for resolving disputes with us
Our complaints policy. Our sales team will do their best to resolve any problems you have with us or our products. For complaints, please contact our sales team on 01622 355 000 or by email to sales@tsurumi.co.uk.
Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our consumer guarantee (as explained in Our goodwill guarantee) to a new owner of the product. We can require the new owner to prove you transferred the product to them. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
WARRANTY PERIOD
Tsurumi submersible pumps: warranty is offered for a period of three years from the date of purchase.
APP and Speroni pumps: warranty is offered for a period of two years from the date of purchase.
All other products: warranty is offered for a period of one year from the date of purchase.
This warranty covers failure of equipment due to faulty components or assembly. Warranty covers parts and labour only and excludes any delivery charges. Fair wear and tear and misuse are excluded from any warranty. We reserve all rights regarding the validity of any claim.
The warranty period offered by a manufacturer may differ from that offered by us, however in all instances, a warranty period of one year from date of purchase is given. We reserve all rights regarding the validity of any claim.
Customers shall not attempt any repair or adaptation to any equipment during the warranty period or use the equipment for any purpose other than for which it was designed. Any such interference or misuse will negate any claim for warranty.
STATEMENT OF COPYRIGHT
All copy, tables, images, logos, designs and any other content used in our catalogue, on our website, or any other publication issued by Tsurumi Pumps UK Ltd remain the intellectual property of the Company and may not be reproduced without the written permission of the Directors of the Company. Any party who exploits this property may be subject to prosecution.
