Terms and Conditions
Glenburn Water Services Ltd Terms and Conditions
Last updated: January 2025
1.0 Introduction
The following document outlines the Terms and Conditions of Glenburn Water Services Ltd (otherwise referred to as “Us”, “We”, “Our” and “Glenburn” within this document). Our Terms and Conditions represent a legal contract and should be read carefully and in its entirety.
This contract is applicable between the following parties:
Glenburn Water Services Ltd
You (otherwise referred to as “the Customer” within this document), defined as anyone who uses Our Website, enquires about Our Products and/or Services or purchases Our Products and/or Services.
By using Our Website, enquiring about Our Products and/or Services or buying Our Products and/or Services, you are agreeing to these Terms and Conditions.
These Terms and Conditions exclude any other Terms and Conditions inconsistent therewith which a Customer might seek to impose, even though such other Terms and Conditions may be submitted in a later document and/or purport to exclude or supersede any Terms or Conditions inconsistent with them or may be contained in any offer acceptance or counteroffer made by the Customer.
2.0 Definitions
In these Terms and Conditions:
“Products” (otherwise referred to as “Goods” within this document) includes (but is not limited to) any equipment, parts, fittings and/or consumables We stock and supply.
“Services” includes (but is not limited to) any consultation, sampling, installation, servicing, repair and/or delivery processes We supply.
“Order” means any request for Our Products and/or Services that has been accepted by Us, including accepted amendments to the original agreed-upon request.
“Price” means the monetary value stated for any of Our Products and/or Services. This includes both fixed Prices of Our Products and/or Services, as well as non-fixed Prices of Our Products and/or Services that may change according to time expended, materials used, or any other basis than fixed Price.
“Delivery” means the supply and transportation of Our Products and/or Services to the agreed location by either Glenburn or a sub-contracted third party.
“Website” means Our Website, specifically the web address “www.glenburnwaterservices.co.uk”. It does not cover any other website or online destination reached through Our Website, for example through use of hyperlinks etc.
“Schematic” refers to a document We may supply which contains a visual mockup of Our proposed water filtration system design. It will often detail the location, layout and approximate dimensions of the proposed system. This aims to give the Customer an idea of the direction of the project and guide the preparation works that should be completed by the Customer before We arrive on site (unless otherwise stated).
“Estimate” is used as an umbrella term for both the Formal Estimate and Informal Estimate.
“Formal Estimate” (otherwise referred to as “Estimate” in this document) refers to Our document containing Our estimated Price for any requested Products and/or Services alongside the terms of the Estimate. The document will be clearly titled ‘Estimate’.
“Informal Estimate” (otherwise referred to as “Estimate” in this document) refers to any written or verbal communication (namely (but not limited to) an email, phone call, text message or WhatsApp message) in which an estimated Price for Our Products and/or Services is discussed between Glenburn and the Customer.
“Invoice” refers to the document containing the final Price for Our Products and/or Services rendered to date. The document will be clearly titled ‘Invoice’.
3.0 Price
3.1 Estimates
3.1.1 Formal Estimates
Our Prices are normally communicated within a Formal Estimate, detailing the breakdown of the Products and/or Services included in the Order and the conditions of the job. Prices are estimated with the understanding that changes in materials used, labour and other respective factors may result in Price alterations in the Invoice. This is clearly stated in the Formal Estimate.
3.1.2 Informal Estimates
Informal Estimates refer to any written or verbal communication (namely (but not limited to) an email, phone call, text message or WhatsApp message) in which an estimated Price for Our Products and/or Services is discussed between Glenburn and the Customer. Informal Estimates are subject to the same terms as Formal Estimates.
3.1.3 Scope
Prices within Estimates are considered as an invitation to treat only and are valid for 14 days.
An Estimate normally covers the labour and materials for the sampling, supply, installation and/or servicing of a water filtration system. The Estimate does not include site preparation factors such as the supply and construction of the groundworks, pipe work to and from the filter system location, hard standing, system enclosure, insulation, heating, power supplies and drainage outlets. While this is not an exhaustive list, the specific preparation works for each Order will be clearly set out in the Estimate. These site preparations are the responsibility of the Customer and shall be carried out at their expense and prior to Our work on site (unless otherwise stated).
It is highly recommended that any Estimate should be read carefully and in its entirety, prior to Customer confirmation of an Order.
3.2 Order confirmation
No Order will become effective until it is accepted or confirmed by Glenburn. An accepted or confirmed Order will then comprise the entire agreement between Glenburn and the Customer, merging all prior discussed estimate offers and understandings.
3.3 Additional charges
Any carriage charges, indirect tax duties and levies, and customs and import duties are unless otherwise stated payable in addition to the Price.
3.4 Other
Glenburn does not accept any responsibility or liability for any action undertaken by a third party based on any Estimate provided by Us.
4.0 Amendments to Price
4.1 Cost increases
The Price, delivery dates or other terms relating to Our Products and/or Services are based upon (but not limited to) Our assessment of materials, labour and buy in prices from manufacturers. These Prices can be subject to revision in respect of any increased cost to Glenburn PROVIDED THAT Glenburn shall give notice of any such intended revision, and the Customer may within 2 days of receiving notice cancel the Order if the Price or delivery time would increase by more than 20%. In which case, neither party shall be liable to the other except that Glenburn shall be entitled to payment for the work We have carried out on a time and materials basis at its usual rates.
4.2 Inadequate worksite conditions
4.2.1 General non-compliance
Prices within an Estimate are based on a visual inspection, general site survey or information communicated by the Customer and may be amended if anomalies not meeting generally accepted plumbing, electrical or building practices are discovered.
4.2.2 Order non-compliance
Prices are subject to all preparation works stipulated within the Estimate (and thus agreed upon within the Order) being completed prior to Glenburn arriving on site to carry out the work (unless otherwise stated). If preparation works are inadequate or incomplete on Glenburn’s arrival on site and additional time and/or parts are required for the work to be completed, Glenburn reserves the right to amend the Price, adding any such labour and/or material costs to the final Invoice.
5.0 Amendments to Order
If any information supplied by the Customer or on the Customer’s behalf is insufficient, incorrect, inaccurate or misleading, or if the Customer notifies Us of any change of requirements in relation to any Order after We have accepted it, We are entitled to amend the Price, the terms of payment and the delivery date or delivery schedule as We consider fair and reasonable. As soon as practicable, We will notify the Customer - in writing - of such amendments. In particular, all wasted journeys or additional time spent on site undertaken by Glenburn as a consequence of a miscommunication or change made by the Customer will be charged to the Customer at net cost of labour and transport.
5.1 Written acceptance
Any variation or amendment to a placed Order requested by the Customer will only be valid and binding with Glenburn upon written acceptance of the amended Order by Us, subject to any appropriate adjustments in Price, delivery dates and other associated considerations.
6.0 Payment
6.1 Deposit
A deposit is normally required for commencement of an Order (subject to Our discretion). Once an Estimate has been accepted by the Customer, the deposit amount which is expressly stated in the Estimate will need to be paid in order to secure the Order. Fulfilling the validity requirements on the Estimate, the deposit must be paid within 14 days of the Estimate date, after such time the Estimate is legally invalid, and Prices are subject to change.
6.1.1 Refund status
Any sums paid as a deposit are refundable except within instances that Glenburn has already incurred costs in time and materials when planning and ordering supplies to fulfil the Order. In these instances, Glenburn shall be entitled to keep a percentage of the deposit for the work We have carried out, an amount calculated on a time and materials basis and charged at its usual rates.
6.2 Invoice
Payment in full for Our Products and/or Services by the Customer is requested upon receipt of the Invoice. The accepted forms of payment are bank transfer or cheque.
6.2.1 Final costing
The job sheets maintained by Glenburn regarding the Order shall be conclusive.
6.2.2 Interim invoice
In the event of Glenburn not being able to complete an Order for circumstances outside our control, we reserve the right to make an interim charge for all services rendered to date. The amount chargeable will reflect the costs incurred in terms of equipment and labour up to the date of the interim invoice.
7.0 Delivery
7.1 Response to delay
We will endeavour to make delivery at the time and in the manner specified in the Order. However, delays caused by circumstances beyond our control may delay Delivery. In such circumstances, Delivery may be made by instalments if We have no other reasonable option.
7.2 Split Delivery
If in Glenburn's opinion any part of the Order is usable by the Customer independently of other parts, We shall be entitled to deliver and to be paid for such part alone in the event of the whole Order not being immediately available.
7.3 Delivery location
Unless otherwise stated in the Order, Delivery of Products shall be to the Customer’s premises or as otherwise specified in the Order.
7.4 Customer requirements
Where Glenburn has undertaken to install the Product(s), the Customer shall at their expense provide all such installation space, system enclosure, power points and other necessary facilities as We have specified in the Order, ensuring to supply these facilities at the time reasonably required. Any failure to do so shall be deemed a failure to accept Delivery.
Following the completion of Our Service(s), it is the responsibility of the Customer to dispose of all packaging and waste.
8.0 Liabilities and indemnities
8.1 Product warranty
All Products will be carefully inspected before delivery to ensure freedom from defects and general compliance with the Order. We undertake to repair or replace at Our discretion, free of charge, any component part of the Product which fails due to an inherent defect (workmanship, design or materials) within a period of 12 months from the date of Delivery, provided that in the case of parts not manufactured by Glenburn, We shall only be liable to the extent of guarantees given to Us by Our suppliers, guarantees which are also subject to the compliance of the Customer with all of their obligations and undertakings in the Terms and Conditions herein.
8.2 Changes in Product specification
Glenburn shall have the right whether before or after the date of the Order to alter the specification of a Product(s) and/or Service(s) or any part thereof without notice to the Customer provided that such alteration shall not adversely affect the performance of the Product(s) and for the avoidance of doubt it is agreed that the sale and purchase shall not be a sale and purchase by sample.
8.3 Reporting a Product defect
The Customer must examine the Product(s) immediately upon delivery and notify Us in writing of any defects within 24 hours from date of delivery. The Customer must return any allegedly defective part or parts of the Product(s) to Glenburn either directly or as directed by Glenburn (delivery costs shall be at the expense of the Customer) within 5 days of delivery. In default the Customer will be deemed to have examined and accepted the Product(s). We reserve the right to investigate by phone or in writing any Customer, or third party claim, as to whether Product(s) have a fault in design, materials or workmanship. If as a result of these investigations we conclude that no such fault has occurred we shall not be compelled to make a site visit without first receiving an order in writing confirming that we shall be paid at our standard rates if no fault is found.
8.4 Weather protection
When contracted to install equipment, Our engineers will not normally fit insulation materials unless they are specifically referred to in our Estimate. We cannot guarantee that any insulation will protect equipment during extreme weather conditions and it is therefore the responsibility of the Customer to take any additional steps to prevent the equipment or any part of the distribution system from the effects of extreme weather conditions.
8.5 Rights against manufacturers
In relation to components bought in from outside manufacturers, Glenburn will use all reasonable endeavours to allow the Customer the benefit of such rights against the manufacturers as We may have.
8.6 Ongoing jobs
Until the expiry of any warranty period granted by Glenburn or until the payment in full by the Customer of all monies - whichever shall be the latter:
8.6.1 Product access
Glenburn shall have a full and free right of access to the Product(s).
8.6.2 A duly authorised representative
The Customer shall only permit duly authorised representatives of Glenburn to effect replacement of parts, maintenance and repairs to the Product(s).
8.6.3 System site maintenance
The Customer shall properly maintain the installation space and environment for the Product(s) so as to comply with Glenburn's specifications.
8.6.4 Compliant operating procedure
The Customer shall use only such operating supplies as shall comply with the manufacturer's specifications.
8.7 System changes
The Customer shall permit operation of the Product(s) only by such operators as shall be competent and conversant with the Product(s) and the Customer shall not permit any addition or attachment to or movement of any item or part of the Product(s) or purport to assign or transfer its interest under any agreement between the Customer and Glenburn.
8.8 Schematics
Schematics are provided solely to give the Customer a visual understanding of the general layout and approximate dimensions of the proposed water filtration system design.
Glenburn does not accept any responsibility or liability for any action undertaken by the Customer based on any Schematic provided by Us.
8.9 Preparation works
Fulfilment of an Order requires that the Customer has carried out all stipulated preparation works completely and adequately prior to Glenburn’s arrival on site (unless otherwise stated). This is not an exhaustive or tailored list, but some common preparation works include;
Area should be clear of obstruction and accessible.
Location of installation exactly as indicated at time of site survey/prior communications.
System enclosure is complete i.e., even floor; weatherproof; correct size.
Pipes installed to and from the enclosure/system location.
A suitable permanent power supply installed close to equipment.
Correctly sized drain for backwashing filters.
Water system stop valves accessible and operating.
The specific preparation works for each Order will be communicated within the Estimate. These preparation works shall be the responsibility of the Customer and carried out at their expense.
8.10 Scheduling
8.10.1 Weather
A job date(s) and/or time(s) may be rescheduled if We deem current or forecasted weather conditions to be unsafe, hazardous or high-risk. As adverse weather conditions can occur unexpectedly and suddenly, We shall notify the Customer of any such changes at the earliest practicable time.
8.10.2 Unforeseen circumstances
A job date(s) and/or time(s) may be subject to last minute changes due to unforeseen circumstances such as emergency call outs. We shall notify the Customer at the earliest practicable time if any such changes occur.
8.10.3 Inadequate or incomplete preparation works
It is the responsibility of the Customer to complete all preparation works agreed on in the Estimate prior to Our arrival on site (unless otherwise stated). If the Customer is unable to complete all preparation works before the confirmed Job date(s), the Customer must notify Glenburn at least 48 hours prior to the Job date(s) and time(s) as to the current status of the preparation works, so that the job may be rescheduled if necessary, or amendments made to the Order. Failure to notify Us of inadequate or incomplete preparation works within the specified time frame may result in additional charges to the Customer for any additional costs incurred by Glenburn for any extra time, labour and/or materials used.
8.10.4 Site Access
The system location and any points of entry should be made accessible, safe and unobstructed. Delayed, unsafe or obstructed access to the system may result in additional charges to the Customer for any extra costs incurred by Glenburn, including wasted journeys and any time spent waiting for access on site.
Glenburn does not accept any responsibility or liability for any damage caused to items moved at the request of the Customer to access the system.
8.11 Health and safety
The Customer shall conform with all instructions and labelling prescribed by Glenburn in relation to the Consumer Protection Act 1987 or other health and safety legislation. If Our engineers or supervisors believe that there are potential health and safety risks on site, this might result in the start of work being delayed until the site is made safe.
8.11.1 Electrical connections
Under part P of the building regulations, Glenburn cannot carry out fixed wiring installations. We are however able to connect to an existing plug socket or a spur.
8.12 Website information
Glenburn does not accept any responsibility or liability for any action undertaken by a Customer or third party based on the information provided on Our Website. Every Customer will have a unique set of circumstances and We advise that the Customer seeks advice directly from an appropriate professional before taking any action.
9.0 Title and risk in Goods
9.1 Title
The title in Goods shall not pass from Glenburn to the Customer until Glenburn receives payment in full of all sums due or owing from the Customer to Glenburn on any account. Until title has passed the Goods shall be held in trust for Glenburn and shall be marked as the property of Glenburn stored separately and not incorporated into any larger assembly or system or disposed of or used in any way by the Customer. If the Customer defaults in the punctual payment of any sum owing to Glenburn then Glenburn shall be entitled to the immediate return of all Goods sold by Glenburn to the Customer in which the title has not passed to the Customer and the Customer hereby irrevocably authorises Glenburn to recover the Goods and enter any premises of the Customer for that purpose.
9.2 Risk
The risk in Goods shall pass to the Customer on Delivery to the Customer. As soon as the risk passes to the Customer, they shall keep the Goods and altered goods insured in the amount at which the Goods and other mixed or incorporated products were sold to the Customer against all insurable risks. Any sums paid by such insurance prior to the Goods being paid for in full and all other accounts being paid to Glenburn by the Customer shall be paid to Glenburn to the extent of the outstanding Price.
10.0 Buyers property and premises
Without prejudice to Glenburn's rights, it will be assumed that all materials, tools, jigs, fixtures, drawings, artwork, specifications, samples and property provided by the Customer ("Customer's Property") shall be correct and accurate and satisfactory in all respects.
11.0 Lien
Until Glenburn has received payment in full from the Customer for any Goods/Services carried out, Glenburn shall have a general and specific lien on all the Customer's Property in the possession or control of Glenburn for all monies due to Glenburn from the Customer.
12.0 Intellectual property
12.1 Glenburn
The Customer covenants with Glenburn that it shall forthwith notify Glenburn of any allegation of infringement of any patent, registered design trade mark, copyright or other intellectual property right enjoyed by Glenburn or by the manufacturer or supplier of the Goods or any part thereof.
12.2 The Customer
The Customer warrants that any design or instruction furnished or given by them does not infringe any patent, registered design, trade mark or copyright or any such right or interest.
13.0 Confidentiality
Glenburn and the Customer shall treat all confidential information belonging to the other party as confidential and safeguard it accordingly. Glenburn shall take all necessary precautions to ensure that all confidential information obtained from the Customer under or in connection with the Order is not disclosed (without prior approval) or used otherwise than for the purposes of the Order.
In stating the above the Customer recognises the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and requires Glenburn to do the same.
A full breakdown of Our Privacy Policy can be found here.
14.0 Assignment and subcontracting
Glenburn may assign or subcontract part or parts of any Order as it sees fit.
15.0 Matters beyond Our control
Glenburn shall not be liable for any loss, damage or expense howsoever arising from any delay or failure of performance arising from circumstances beyond Our control including (but not limited to) earthquake, flood, storm, act of God or of public enemies, national emergency, invasion, insurrection, riots, strikes, picketing, boycott, interruption of services rendered by any public utility or interference from any government agency or official.
16.0 Law
This agreement shall in all respects be governed by and construed in accordance with the laws of Scotland. The Customer submits to the jurisdiction of the Scottish courts.
17.0 Additional conditions
All invoices are due for payment on receipt of the invoice. Any Invoice outstanding beyond this period may be referred to a debt collection agency and in such an event will be subject to a surcharge of 15% to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Customer and will be legally enforceable.