1. Ownership of Site; Agreement to Terms of Use
1.1. These Terms and Conditions of Use (the “Terms of Use”) apply to the Frost Protection Products Ltd. web site located at www.frostprotection.ie. The Site is the property of Frost Protection Products Ltd. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
1.2. Frost Protection Products Ltd.reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Frost Protection Products Ltd. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1.3. When you use the Site, you accept that your use of the Site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.
2. Content
2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Frost Protection Products Ltd.
2.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Frost Protection Products Ltd’s express prior written consent.
2.3. You may use information on Frost Protection Products Ltd’s website purposely made available by Frost Protection Products Ltd., provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
2.4. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Frost Protection Products Ltd. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
2.5. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Frost Protection Products Ltd. or others.
3. Purchases; Other Terms and Conditions
3.1. Additional terms and conditions may apply to purchase of our products and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Frost Protection Products Ltd. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Frost Protection Products Ltd. makes no commitment to update the materials on the Site with respect to such products and services.
4. Disclaimers
4.1. Frost Protection Products Ltd. does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Frost Protection Products Ltd. cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Frost Protection Products Ltd. disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Frost Protection Products Ltd. disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Frost Protection Products Ltd. services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Frost Protection Products Ltd. for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
4.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Frost Protection Products Ltd. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5. Limitation of Liability
5.1. Except where prohibited by law, in no event will Frost Protection Products Ltd. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Frost Protection Products Ltd. has been advised of the possibility of such damages.
5.2. If, notwithstanding the other provisions of these Terms of Use, Frost Protection Products Ltd. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Frost Protection Products Ltd’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Frost Protection Products Ltd.
6. Indemnity
6.1. You agree to indemnify and hold Frost Protection Products Ltd., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Frost Protection Products Ltd. by any third party due to or arising out of or in connection with your use of the Site.
8. Definitions
For the purposes of these Terms: ‘We’, ‘Us’ and ‘the Company’ means Frost Protection Products Ltd. who will provide the products and services to you. ‘You’ means the consumer receiving the products; ‘purchase’ means the process of purchasing our products and the term shall be construed accordingly. If you purchase via the Website, this will involve you completing the relevant application forms on the Website, giving us your payment information and submitting the details to us. Purchase can also take place by telephone, this will involve you giving us details of the products you wish to purchase, giving us your payment details and agreeing to proceed with purchase. ‘Purchase’ means the physical products which Frost Protection Products Ltd. sells, in the format described on the website; ‘Price’ means the fee payable by you for the purchase of our products, as indicated on the website.
9. Provision of Products and Services
9.1. Once you purchase online, you will receive an email or written confirmation which confirms the arrangements for your purchase.
9.2. Normally, products are dispatched approximately 10 days after your purchase, if an order takes longer than 10 days we will inform you.
10. Your Right to Cancel Purchase
10.1. Once you have purchased online, if you decide that you wish to cancel, you may do so provided that: You notify us in writing of your request for cancellation, within 10 days of receipt of written confirmation of this agreement, and you return the product in its original state, to Frost Protection Products Ltd., and that you pay for costs of returning products to Frost Protection Products Ltd..
11. Refunding following Cancellation
11.1. If you cancel purchase, in accordance with the Terms outlined in 11.1, we will re-credit to you that part of the Price which you have paid to us, within 28 days of receiving your notice of cancellation.
12. Payment by you of the Price
12.1 Payment at the due date is a condition precedent to all subsequent deliveries.
12.2 You agree to pay us the Price. If you are liable to pay us the price in full, and you pay by credit or debit card, we will debit your credit or debit card on or after the day of your Purchase.
12.3 The Prices are exclusive of any Value Added Taxes (VAT) where applicable.
12.4 All orders are subject to a shipping charge.
13. Complaints
13.1. In the event that you are not satisfied with any aspect of the services, please contact: Frost Protection Products Ltd., Limerick – +353 (0) 85 1424337
14. Quality
All express or implied conditions and warranties, statutory or otherwise, as to the fitness for any purpose of the Contract products are hereby expressly excluded. All recommendations and advise given by the Seller or the Seller’s servants or agents to the Buyer or his servants or agents as to the mode of operating, applying or using the contract products are given, without liability on the part of the Seller. The Seller shall not be responsible for any injury, loss or damage whatsoever caused either directly or indirectly by the Contract products or by any act or omission in connection therewith. In the event of non-correspondence with description or sample, the Buyer may reject goods. If, however, the Buyer accepts such goods, the Seller shall not be liable for consequential damage arising from such acceptance. The Buyer must give the Seller Immediate written notice of any claim that goods are not of stated quality to enable the Seller to investigate complaint.
15. Price Variation
The Company will use every endeavour to execute the Contract at the price specified in the Contract but reserves the right to alter the price if necessitated by any alteration in the cost of materials, labour, transport or packages or by any other circumstances beyond its control. The Company shall give to the Customer notice in writing of any alteration in price and such alterations shall become effective forthwith.
16. Change of Ownership
Delivery shall be deemed to be effected and property in the goods shall pass to the Buyer as follows:
A) In all cases where the contract provides for the goods to be delivered to an address designated by the Buyer – when the goods have been so delivered and paid for.
B) In all cases where goods are to be collected by the Buyer or despatched through a carrier designated by the Buyer – when goods have passed into the control of the Buyer or of the carrier so designated or anyone acting on their behalf, and paid for.
18. F.O.B.
Where goods are sold F.O.B. the Buyer will make his own shipping arrangements and the Seller’s responsibility will cease when he has placed the goods on board the vessel.
19. Force Majure
The Seller shall be under no liability if prevented from delivering goods under this Contract owing to any cause reasonably outside his control. If the Seller is at any time so delayed or hindered in delivering or so prevented from delivering the quantity which it is under contract with Buyer and any other person to deliver at that time, the Seller shall be at liberty to withhold, suspend or reduce deliveries to such extent as the Seller in its discretion may think fit.
20. Bankruptcy
If the Buyer makes default in any payment or becomes subject to the laws relating to insolvent debtors, the Seller shall be entitled to payment in cash for further deliveries, and may, at his option, and without prejudice, to his other rights and remedies, cancel the undelivered portion of the Contract.
21. Claims
On account of weight, quality, loss or damage, must be made to the Seller and notified to the carrier in writing within three days after delivery or part delivery, or within fourteen days after notification of despatch in the case of non-delivery. The Buyer will have no claim unless such notice is given. The Seller’s liability for damage arising out of any such claim shall in no event exceed the purchase price of the delivery in respect of which any claim is made.
22. Returns Policy
Returned products will be returned to Seller’s Works with carriage paid by the Buyer.
23. Rate of Consumption
If the Buyer shall fail to take delivery of the goods either at the rate specified on the face hereof or when the delivery becomes due, then the Seller may cancel any such deliveries that are in arrears and if they see fit sell such goods without prejudice to their right to claim damages in respect of such breach of contract.
24. Arbitration
Any dispute arising out of this Contract shall be referred to arbitration in accordance with Irish legislation.
25. Legal Interpretation
This Contract shall be construed according to Irish Law.
26. Patent Rights
When goods are mode or adopted by the Seller in accordance with the Buyers specifications the Buyer shall indemnify the Seller against ail costs, claims and expenses incurred by the Seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trade marks or other rights belonging to third parties.
27. General
Acceptance of any quotation made by the Seller shall not constitute a contract until such acceptance is confirmed in writing to the Seller. All goods the subject of this contract are sold upon the following term and conditions unless otherwise expressly agreed in writing. Buyer will be deemed to have agreed that any printed conditions attached to orders or to any contract documents emanating from the Buyer, are only binding in so far as they are not at variance with these terms and conditions or other terms and conditions expressly agreed in writing as above.