T&C

Canning Services Standard Terms and Conditions

1. INTERPRETATION

1.1 Definitions. In these Conditions, the following definitions apply:

• Business Day: A day other than a Saturday, Sunday, or public holiday in England when UK clearing banks in the City of London are open for general business.
• Canned Product: The liquid canned by PromoWater LTD in providing the Services.
• Canning Slot: The scheduled week during which PromoWater LTD agrees to provide the Services.
• Charges: The fees payable by the Customer for the supply of the Services in accordance with Clause 7.
• Conditions: These terms and conditions as amended from time to time in accordance with Clause 14.2.
• Contract: The agreement between PromoWater LTD and the Customer for the provision of Services in accordance with these Conditions.
• Customer: The person or company purchasing the Services from PromoWater LTD.
• Defective Product: Any product deemed unsuitable, defective, or non-compliant with health or safety standards, as defined in Clause 2.15.
• Delivery Location: The location specified in the Order or as agreed between the parties.
• Labels: The customer-supplied labels to be affixed to the cans during the production process.
• Liquid: The liquid provided by the Customer to PromoWater LTD for processing and canning under the Contract.
• Proof: A finalised version of the Customer's design or specifications for labels or pre-printed cans provided to PromoWater LTD for approval.
• Services: The canning services (including storage, labelling, carbonating, or pasteurisation) provided by PromoWater LTD as outlined in the Order.
• Supplier: PromoWater LTD, registered at 1c Gateway, Bar Hill, CB23 8SQ.

2. ORDER PROCEDURE AND CONTRACT TERMS

2.1 PromoWater LTD provides canning and packaging services based on outsourced water production and printing. Liability for any manufacturing errors in water quality, printing defects, or labelling issues due to the supplied materials lies with the water or printing provider.

2.2 The Customer must provide PromoWater LTD with accurate Orders and approve all Proofs in writing. PromoWater LTD is not liable for errors resulting from Customer's failure to review or approve Proofs before production.

2.3 Orders are confirmed only upon payment of any required deposit and written acceptance by PromoWater LTD. Changes to Orders must be agreed upon in writing.

2.4 PromoWater LTD reserves the right to reject or amend Orders if the supplied materials or specifications fail to meet its requirements or if the liquid is found to be defective or unsuitable for processing.

3. SUPPLY OF SERVICES

3.1 PromoWater LTD agrees to provide the Services with reasonable skill and care but makes no warranties regarding the suitability of outsourced materials, including water quality or label printing, provided by third-party suppliers.

3.2 PromoWater LTD is not liable for:

• Defects caused by Customer-supplied materials, such as misprinted labels or unsuitable pre-printed cans.
• Errors resulting from the Customer’s failure to approve Proofs.

3.3 PromoWater LTD reserves the right to charge additional fees for processing unsuitable or defective liquid or materials provided by the Customer.

3.4 The Customer acknowledges that variations in water quality, appearance, and labelling may occur due to third-party outsourcing and agrees that PromoWater LTD is not liable for such variations.

4. CUSTOMER OBLIGATIONS

4.1 The Customer is responsible for:

• Supplying accurate and complete design specifications for labels and cans.
• Reviewing and approving all Proofs before production.
• Ensuring the liquid provided complies with all applicable safety and regulatory standards.
• Paying any additional costs resulting from defective or unsuitable materials.

4.2 PromoWater LTD assumes no liability for any claim, defect, or issue arising from:

• Faulty water quality or contamination.
• Defects in labels, cans, or other materials provided by the Customer.
• Non-compliance with statutory or regulatory standards in Customer-supplied designs.

5. LIABILITY AND INDEMNITY

5.1 PromoWater LTD is not liable for:

• Claims relating to defective water quality, which is the sole responsibility of the third-party water provider.
• Errors in labels, pre-printed cans, or designs if the Customer fails to approve Proofs before production.

5.2 The Customer indemnifies PromoWater LTD against all claims, costs, damages, or liabilities arising from:

• Intellectual property infringements in Customer-supplied designs.
• Errors, defects, or omissions in Customer-provided materials or specifications.

5.3 PromoWater LTD’s liability under the Contract is limited to:

• The cost of reprocessing or replacing defective services up to the value of the Charges for the affected Order.
• A maximum aggregate liability of 125% of the total Charges paid for the Order giving rise to the claim.

6. DELIVERY AND STORAGE

6.1 PromoWater LTD will use reasonable efforts to meet delivery schedules but is not liable for delays caused by third-party logistics or unforeseen circumstances.

6.2 The Customer must collect or accept delivery of products within the agreed timeframe. Failure to do so may result in additional storage fees.

6.3 PromoWater LTD is not responsible for any damage or loss occurring during transit unless directly caused by its own negligence.

7. FORCE MAJEURE

PromoWater LTD is not liable for failure to fulfil its obligations due to events beyond its reasonable control, including but not limited to delays caused by third-party suppliers, strikes, pandemics, or natural disasters.

8. GENERAL TERMS

8.1 These Conditions constitute the entire agreement between the Customer and PromoWater LTD. Any amendments must be agreed upon in writing.

8.2 PromoWater LTD reserves the right to revise these Conditions from time to time and will notify Customers of any significant changes.

8.3 The Contract is governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of its courts.

By placing an Order, the Customer agrees to these Terms and Conditions. For further inquiries, contact PromoWater LTD at 1c Gateway, Bar Hill, CB23 8SQ.