Terms & conditions
Agriemach uses reasonable care to make sure that the information appearing on this Site is accurate and up-to-date. However, errors and omissions do occur and the user should not take the accuracy of the information for granted but should check directly with Agriemach. None of the material contained in this Site is to be relied upon as a statement or representation of fact. Agriemach shall not be liable for any loss of profits or contracts or any direct, indirect or consequential loss, business interruption or loss of data or programs arising out of or in connection with the use of the information either contained within this site or from any of its Hyper link connections, other than death or personal injury to the extent that this is caused by the negligence of Agriemach. The following terms and conditions and any other policies, rules, or guidelines posted by Agriemach on this site govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read these Terms and Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms and Conditions may be changed in the future without notice to you so please check back from time to time. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions. Agriemach may also make improvements and/or changes to the content of this information at any time without notice. All services, product and product price specifications contained within the Agriemach website are subject to change without notice.
Any dispute or claim concerning or arising from this website shall be determined in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in determining such disputes or claims.
1. YOUR USE OF THIS SITE.
Agriemach grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Agriemach. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of Agriemach. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Agriemach. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Agriemach without express written consent. You may not use any meta tags or any other "hidden text" utilizing Agriemach's name or trademarks without the express written consent of Agriemach. Any unauthorized use terminates the permission or license granted by Agriemach. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Agriemach so long as the link does not portray Agriemach or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Agriemach logo or other proprietary graphic or trademark as part of the link without express written permission.
2. PROPRIETARY RIGHTS.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ("Content"), is the property of Agriemach or our suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and is protected by United Kingdom and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. Except as expressly provided in these Terms and Conditions, neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Agriemach, and any other marks indicated on our site are registered trademarks or service marks of Agriemach Ltd or its subsidiaries, in the United Kingdom and other countries. Agriemach graphics, logos, page headers, button icons, scripts, are trademarks, service marks or trade dress of Agriemach, Inc. or its subsidiaries. All other trademarks, service marks, product names, trade names and logos contained in this Site are the property of their respective owners. You may not use these trademarks or service marks without the express written consent of Agriemach or the trademark or service mark owner respectively.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
6. PRODUCT ORDERS.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. Restrictions. Not all products and services listed on this Site may be available for sale or delivery in every area. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
7. COMPLIANCE WITH CODES.
Many localities have laws, codes and regulations ("Codes") governing the sale, construction, installation or use of products for certain purposes. You understand and acknowledge that we do not guarantee compliance with such Codes and are not responsible for how a product is installed or used, a product's suitability for your intended use, or for a product's compliance with any such Codes. You should contact the manufacturer for additional information about a product's specifications. You assume all responsibility for compliance with applicable Codes.
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
- Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
- Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Agriemach Limited is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new Electrical Marking Pencil from us we would accept their old Electrical Marking Pencil and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.
8. POSTING/TRANSMISSION CONDUCT.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Agriemach, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site. Agriemach does not control the User Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content.Under no circumstances will Agriemach be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site.
You agree not to use the Site to:
a. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to an Agriemach representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j. intentionally or unintentionally violate any applicable local, national or international law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that Agriemach does not pre-screen User Content, but that Agriemach and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Site. Without limiting the foregoing, Agriemach and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Submissions") are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on the Site or elsewhere. You shall not assert any proprietary right or moral right of any kind with respect to any Submissions.
We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Agriemach or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Agriemach and protected by international copyright laws. All software used on this site is the property of Agriemach or its software suppliers and protected by international copyright laws.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. GK QUERIES THIS?
14. LIMITATIONS OF LIABILITY.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR THE SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, RETURN AND REFUND POLICIES, AND THAT WE HAVE NO LIABILITY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.
19. ELECTRONIC COMMUNICATIONS.
When you visit Agriemach or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. RISK OF LOSS.
All items purchased from Agriemach are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. (WE HAVE OUR OWN INSURANCE FOR SHIPING)
17. PRODUCT DESCRIPTIONS.
Agriemach and its affiliates attempt to be as accurate as possible. However, Agriemach does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Agriemach itself is not as described, your sole remedy is to return it in unused condition.
These Terms and Conditions and any other policies, rules or guidelines posted by Agriemach on this Site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us. Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.