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Terms and conditions of use
Website Usage Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms & conditions of sale
Definitions
1. INTERPRETATION
1.1. The definitions in this clause apply in the terms and conditions set out in this document: Company: Pike Agri-Lab Supplies, 154 Claybrook Rd, Jay, Maine 04239.
Content: has the meaning set out in clause 3.1.
Force Majeure Event: shall have the meaning given in clause 12.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods.
Order Confirmation: shall have the meaning set out in clause 2.6.
Privacy Policy: the Company’s privacy policy from time to time regarding any internet based information and/or Orders, a copy of which privacy policy may be found on our website or obtained from the Company upon request.
Terms: the terms and conditions set out in this document.
USA: means the United States of America.
we, us and/or our: the Company.
writing or written: includes faxes and e-mail.
you and/or your: the person placing the Order.
1.2. Headings do not affect the interpretation of these terms. References here to “clause” refer to the relevant numbered clause in these terms and conditions.
2. BASIS OF SALE
2.1. These Terms, and the Order set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2. Any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe.
2.3. If any of these Terms are inconsistent with any term of the Order, the Term shall prevail.
2.4. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5. These Terms shall become binding on you and us when we have despatched the Goods to the address provided by you, at which point a contract shall come into existence between us. Receipt of an order by our Help Team or via our website does not constitute our acceptance of an order.
2.6. We shall assign an order number to the Order and inform you of it (“Order Confirmation”). Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that the contract between us arises pursuant to clause 2.5, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.8. Usage of our website is subject to the Company’s Privacy Policy and you consent to the processing described within the policy and warrant that all data provided by you is accurate.
2.9. The contract made between us is governed by the laws of the United States, using only the English language.
3. ADVERTISING AND OTHER CONTENT
3.1. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material used or created by the Company, as well as the selection, assembly and management thereof, are herein collectively referred to as the "Content". We reserve the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
3.2. Unless otherwise agreed in writing, the Content is the exclusive property of the Company and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by the Company or by third parties that have licensed their use to the Company. Unless we agree otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering of Goods from the Company and for no other purpose.
3.3. Any use, by you or anyone else authorised by you, other than that specifically authorised in these Terms or in writing by the Company is strictly prohibited. Any unauthorised use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3.4. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark of the Company without the written permission of the Company or any third party that may own the trademarks or service marks displayed or utilised by the Company. We will enforce our intellectual property rights to the fullest extent of the law.
3.5. The Content may contain errors, inaccuracies, omissions and typographical errors or may be out of date. You acknowledge that we provide the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on Genuine Gemstone unless specifically indicated to be so.
4. DISCLAIMER AND LIMITATION OF LIABILITY AS TO CONTENT
4.1. The Company makes no warranties or representations whatsoever with respect to the Content (whether on our website, in our advertisements and publications or otherwise) or the accuracy, completeness or timeliness of that Content. Without limiting the foregoing, all Content provided by the Company is provided to you “as is”, with no warranty of any kind, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of Content is expressly made a condition of any transaction with the Company.
4.2. Under no circumstances will the Company, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special or punitive damages, whether in contract or in tort including negligence, arising in any way out of access to or use of or inability to access or use Content, lost profits or otherwise, even if the Company is expressly advised of the possibility of such damages.
5. THE GOODS
5.1. We warrant that on delivery the Goods shall:
5.1.1. conform in all material respects with their description (subject to any qualification pursuant to the provisions of clause 2.2
5.1.2. be of satisfactory quality
5.1.3. be fit for any purpose we say the Goods are fit for
5.1.4. be free from material defects in design, material and workmanship; and
5.1.5. comply with all applicable statutory and regulatory requirements for selling the Goods in the United States.
5.2. This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens'' Advice Bureau or trading standards office or local equivalent.
5.3. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.5. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
6. DELIVERING THE GOODS
6.1. Please see our Delivery Table for delivery times, charges and options.
6.2. Delivery periods may vary depending on address. We do not warrant any time for delivery. Time for delivery is not of essence to the contract. We will not accept any liability for any claims, losses, costs, damages, expenses or similar claimed to have been incurred by you or any third party arising directly or indirectly or connected in any way with a failure to meet an estimated or requested delivery date.
6.3. Deliveries to multiple addresses will require multiple orders and multiple delivery charges. Certain items require additional shipping fees and are marked clearly on the website.
7. FAULTY GOODS AND RETURNS
7.1. All Goods sold by the Company are subject to the terms of warranty from the manufacturer of that item. The Company does not offer additional guarantees beyond what is provided by the manufacturer.
7.2. To return faulty Goods to us, you will need to contact us for instructions.
7.3. We are not liable for returned Goods which are lost in transit, so it is important that you use an insured delivery method.
7.4. These Terms will apply to any repaired or replacement Goods we supply to you.
8. TITLE AND RISK
8.1. The Goods will be your responsibility from the time of delivery to the delivery address given by you.
8.2. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. PRICE AND PAYMENT
9.1. The price of the Goods will be as per your Order as accepted by us.
9.2. Orders delivered within the State of Maine are subject to Maine Sales Tax (currently 5.5%). Please contact us if you are located in Maine and need to place an order which qualifies for a tax exemption.
9.3. For orders delivered outside the USA you may be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your responsibility.
9.4. These prices exclude delivery costs, which will be added to the total amount due.
9.5. Credit or debit card orders placed on cards issued outside the USA may be subject to cross border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer.
10. GUARANTEE
10.1. Whenever you buy Goods from us you have the benefit a 30 day guarantee, which starts on the day you receive your Goods. If for any reason you are not satisfied with an item, send it back to us for a refund of the item price, minus the 15% restocking fee
10.2. To take advantage of this guarantee, you must ensure that the Goods are returned to as new, this means that:
10.2.1. you must not remove any identification tag that may be attached to the Goods
10.2.2. you must not have altered the Goods
10.2.3. you must return the Goods in all its original packaging and with its original documentation
10.2.4 you must ensure that the outer packaging is sufficient to protect the Goods in transit
10.3. Please contact us prior to returning the Goods - and make sure you use an insured delivery method.
10.4. Provided that the Goods are received by us as new, we will process your refund within 5 business days of receiving your returned Goods.
10.5. We do not refund the cost of the original delivery charges or the return delivery charges.
11. LIMITATION OF LIABILITY
11.1. Subject to clause 11.2 and clause 11.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms at the time we entered into this contract with one another.
11.2. Subject to clause 11.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
11.2.1. loss of income or revenue;
11.2.2. loss or profit;
11.2.3. loss of business;
11.2.4. loss of anticipated savings;
11.2.5. loss of data;
11.2.6. any waste of time;
11.2.7. consequential loss
11.3. Nothing in this agreement excludes or limits in any way our liability for fraud or fraudulent misrepresentation
12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
12.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
12.2.1. strikes, lock-outs or other industrial action;
12.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5. impossibility of the use of public or private telecommunications networks;
12.2.6. the acts, decrees, legislation, regulations or restrictions of any government; or
12.2.7. pandemic or epidemic.
12.3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
13. NOTICES
13.1. All notices sent by you to us must be sent in writing by pre-paid mail to the Company at the address specified in its definition in clause 1.1. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served three days after the date of posting of any letter or if we notify you by e-mail, within 24 hours after the e-mail is sent to your given e-mail address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14. INDEMNITY
14.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisers’ fees, arising out of or relating to your breach of these Terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from the Company’s negligence or wilful misconduct. This indemnity shall continue to endure notwithstanding prior fulfilment of the Order or other termination thereof.
15. GENERAL
15.1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3. Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or wrongly described goods.
15.4. A person who is not party to these Terms shall not have any rights under or in connection with them.
15.5. These Terms shall be governed by US law and we both agree to the non-exclusive jurisdiction of the US courts.