Terms and Conditions


“Seller” refers to the party to whom a purchase order has been given.

“Client” refers to the person or organization placing an order.

“Goods” or “services” refers to products for which the Seller has placed an order with the Client.


The terms and conditions are valid for any goods or services provided by the Seller to the Client.


The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.


All Web orders are paid in advance before the shipment.

If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within five days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.

Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not refundable.

All fees are exclusive of value added taxes, which will be added to invoices where appropriate.

The Seller reserves the right to increase a quoted fee in the event that the Client requests a change to the work agreed upon.


Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any delivery expenses other than normal postage charges.

If an order is, at the Client's request, sent electronically, the time recorded upon the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb – electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)


In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.


All written notices to be served on or given to the Client shall be sent or delivered to the Client's principal place of business and shall be treated as having been given upon receipt.


The Company will take all reasonable steps to ensure protection from loss, damage, or destruction of the services or materials it supplies to the Client (or that may be received from the Client).


Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business that comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material that is or becomes public knowledge other than by breach by a party of this clause.


Subject to the prior written consent of the Company, the Client shall not induce to employ, whether as an employee, agent, partner, or consultant, any employee of the Company directly associated with delivery of the goods.


The Company shall not be liable for any claim arising from the performance, non-performance, delay in delivery of, or defect in the goods or for any special, indirect, economic, or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue), whether from negligence or otherwise in connection with the supply, functioning, or use of the goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.

Nothing herein shall limit either party's liability for death or personal injury arising from proven negligence by itself or its employees or agents.

The Client shall fully indemnify the Company against any liability to third parties arising from the Client's use of the Goods.

*Refunds are only applicable if items were purchased from Swim Smart. No other person or company is authorized to change the Swim Smart warranty, and your dealer is solely responsible for any other additional warranties.