In these Terms and Conditions 'we', 'our', 'us', 'ICEoxford®' refers to ICEoxford Limited.
Acceptance of Terms
You agree that you shall not use the website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
ICEoxford® reserves the right to change any part of this agreement without notice and your use of the website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
ICEoxford® has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
Exclusion and limitation of liability
The Company only supplies the Goods for internal use of the Purchaser’s business. The Purchaser agrees not to use the Goods for any resale purposes.
The Company shall have no obligation in respect of the Goods except for its undertaking in clause 8 below (“Gaurantee”) and as expressly stated in the Contract.
If the Company has repaired or replaced the Goods pursuant to the Guarantee, it shall have no further liability in respect of such defect or fault in the Goods unless a repair or replacement is not possible in which case the Company’s liability shall be limited to refunding any monies paid in respect of such defective Goods.
The Purchaser acknowledges that the Company’s obligations and liabilities in respect of the Goods are exhaustively defined in these Terms and that such express obligations are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to the Goods including, without limitation, as to the condition, quality, performance or fitness for the purpose of the Goods or any part of them.
The Company shall not be liable for any loss which represents, or which is loss of profit, revenue, benefit, anticipated savings or goodwill, loss of use of any asset, loss of data, business interruption, management costs or third-party liability, consequential or indirect loss.
The aggregate liability of the Company (whether in contract, tort, breach of statutory duty or otherwise) for all breaches under or non-performance of its obligations or contemplated by any Contract shall not exceed a sum equal to one and a half times the amount paid for any
Goods the subject of such Contract save that this sub-clause shall not limit or exclude any liability of the Company which cannot be effectively excluded in law.
The Purchaser shall not rely upon any representation concerning the Goods unless made by the Company in writing in the Contract save that nothing in the Contract or these Terms shall exclude liability for fraudulent misrepresentation.
Any liability of the Company under any warranty, indemnity or other obligation stated or confirmed in the AO is subject to all exclusions and limitations in these Terms.
All intellectual property of ICEoxford® such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website remain the property of ICEoxford®.
By using the website you agree to respect the intellectual property rights of ICEoxford® and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website.
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the website is provided on an 'as is' basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the website.
We do not guarantee uninterrupted availability of the www.iceoxford.com website and cannot provide any representation that using the website will be error-free.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Governing Law and jurisdiction
This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
Terms of sale
Goods and services furnished by the seller are sold only on the terms and conditions stated herein. Not with standing any terms on the customer's order.
- The "seller" shall mean ICEoxford Limited.
- The "buyer" shall mean the organisation accepting the Seller's quotation (whether written or oral) embodying these conditions.
- The "goods" shall mean goods or services covered by the purchase order.
2. Quotations and prices
- All quotations are subject to the terms and conditions stated herein as well as any additional terms and conditions that may appear on the face hereof. In the case of conflict between the terms and conditions stated herein and those appearing on the face hereof the latter shall prevail.
- All published prices are subject to change without prior notice.
- Unless otherwise specified in writing, all quotations expire 60 days after date of issue, may be terminated earlier by notice and constitute only solicitations for offers to purchase. Further, budgetary quotations and estimates are for preliminary information only and shall neither constitute offers nor impose any obligations or liability on the seller.
- The prices of the goods shall be the seller's quoted price or where no price has been quoted, the price listed in the seller's published price list current at the date of placement of order.
- Unless otherwise stated in writing by the seller all prices quoted shall be DDP and shall be exclusive of VAT, United Kingdom export and overseas import duties, carriage, insurance, installation, commissioning, taxes or duties levied on the seller in the buyer's country with reference to the goods or any work undertaken for the buyer and any other ancillary costs in respect of which the Seller shall be entitled to make additional charges.
- On no account may cancellation be accepted for any order. Orders may be modified after prior negotiation and agreement. Notification of any request for modification must be made in writing at least 30 days before the date of dispatch of goods.
- The buyer should ensure that the description, part numbers and other details relating to the goods are correctly specified in the order.
3. Terms of payment
- The ownership of the goods shall remain with the seller until payment in full has been received.
- Payment terms are 30 days from date of issue of invoice. Payment shall be made in the currency in which the goods are invoiced.
- Payments shall not be withheld for delay in delivery of required documentation unless a separate price is stated for the documentation and then only to the extent of the price stated for such undelivered documentation.
- Delivery time will be as quoted on the order acknowledgement. Although the seller will endeavour to supply the goods within the specified delivery time, because of the possibility of delays on the part of the seller's suppliers and production difficulties that time is an estimate only. Accordingly the seller shall not be liable for any delay in delivery however caused.
- Any delivery time specified shall in any event be extended by any period or periods during which the manufacture or delivery of the goods or other work by the seller in connection with the contract is delayed due to:-
(a) fire, explosion, flood, storm or accident;
(b) sabotage, strikes (official and unofficial), riot, acts of war, (whether war be declared or not) or civil commotion;
(c) shortage of labour, power or materials, delays by the seller's suppliers, plant breakdowns, technical difficulties connected with the manufacture or adaptation of the goods to the buyer's design or specification;
(d) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(e) import or export regulations or embargoes
or in any event or circumstances beyond the control of the Seller.
- The seller may cancel or delay delivery of the goods in the event of an arrearage in the buyer's account with the seller.
- Any claim in respect of error in type of goods or in respect of the condition of the goods delivered must be made in writing to the seller within 14 days of receipt of the goods by the buyer. In the case of non-delivery or part delivery of goods, notification must be given to the seller immediately an invoice is received.
- The furnishing by the seller of goods to the buyer shall constitute acceptance of the goods by the buyer, unless notice of defect or nonconformity is received in writing by the seller within 14 days of receipt of the goods at the buyer's designated receiving address.
5. Transportation and risk of loss
- The risk in the goods shall pass to the buyer at the FOB point which shall be the point of manufacture or such other place as the seller shall specify in writing, notwithstanding installation by or under supervision of the seller.
- If the seller agrees to arrange carriage or insurance on behalf of the buyer, all charges and expenses in connection therewith shall be invoiced to the buyer and paid within the period specified in 3(2).
- Transportation will normally follow buyer shipping instructions but the seller reserves the right to ship goods freight collect and to select the means of transportation and routing when buyer's instructions are deemed unsuitable. Unless otherwise advised seller may insure value of goods or declare full value thereof to the transportation company at the time of shipment and all freight and insurance costs shall be for the buyer's account.
6. Spare parts
Spare parts for the goods may be purchased by the buyer direct from the seller. Where applicable, service manuals for the goods may be purchased at the price listed in the seller's published price list current at the date of placement of order.
Order cancellation requests, after receipt of order will be at the discretion of ICEoxford limited and may result in re-stocking charges.
1. If within the Applicable Guarantee Period any Goods prove defective by reason of faulty design, workmanship or materials, Purchaser should report such defects to the Company using the ‘Contact Us’ section of the Website.
2. If within the Applicable Guarantee Period, the Company will adjust, repair or replace them as it sees fit free of charge provided that:
(a) this clause 9 shall not apply to any Goods that are displayed on the Website as “Used”. Any such Goods shall be sold as seen and no warranties of any kind are given in respect of such Goods;
(b) the Purchaser gives written notice of the defect (with reasonable relevant information) to the Company as soon as reasonably practicable and within the Applicable Guarantee Period;
(c) the Goods have been used solely for their proper purpose and in accordance with the operating instructions;
(d) the defect has not been caused by fire, accident, misuse, neglect, incorrect installation by the Purchaser or its customers, agents or servants, unauthorised alteration, repair or maintenance or the use of sub-standard consumables and has not arisen from fair wear and tear;
(e) the defect has not arisen from any design, specification, component or material supplied by or on behalf of the Purchaser;
(f) no part of the Goods has been replaced with a part not supplied or approved by the Company;
(g) payment in full of all sums due in respect of the Goods has been made save for where the Purchaser has paid for the Goods via a credit financing arrangement;
(h) the Purchaser shall be liable for any costs incurred by the Company in responding to claims caused by operator error or incorrect application or other default of the Purchaser or other third party; and
(i) the Purchaser shall accord the Company sufficient access to the Goods to enable its staff to inspect and adjust, repair, remove or replace the Goods.
Where the Company shall repair the Goods, the Purchaser shall return them to an address provided by the Company. The risk in the Goods shall at all times remain the Purchaser's and they shall be packaged as the Company instructs and dispatched at the Purchaser's expense. Costs of carriage on the Goods' return to the Purchaser shall be borne by the Company where the defect is covered by this guarantee.
9. Drawings and specifications
- Seller's drawings or technical documents supplied with quotations or goods are strictly confidential and cannot be used for any purpose other than in connection with the seller. All rights hereto are reserved and no document can be copied or distributed in part or in whole without specific permission in writing from the seller. The buyer specifically agrees not to reproduce the specified goods for sale or use.
- As part of the seller's policy of the development of its products improvements are made in design from time to time and the seller reserves the right to supply substitute materials, components and units in place of the products ordered (and which shall thereby become "the goods" for the purposes of the order) at no greater price than that specified in the price list current at the date of placement of order. The buyer will be notified of any substantial changes made to the goods before they are dispatched.
- All specifications as to pattern, colour and dimensions are subject to normal tolerance margins.