ICE4 LTD STANDARD TERMS & CONDITIONS OF SALE (‘this agreement’)
SFT&C 15SBC 01 July 2022
In this Agreement,
the “Customer” means any person who places an Order with ICE4 Ltd (either as a private consumer or as or on behalf of a business);
means any items sold or supplied by ICE4 Ltd under an Order;
means ICE4 Ltd, a company incorporated in England with company number 13557897 and a registered address at Estate Road No 7, Grimsby, N E Lincolnshire, DN31 2TP, United Kingdom;
means any request or order (via phone, web order or mail order) to purchase the Goods, and;
refers to the Customer and ICE4 Ltd
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed ICE4 Ltd Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by ICE4 Ltd. ICE4 Ltd is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by ICE4 Ltd does not in itself constitute acceptance by ICE4 Ltd of the Order.
1.3 ICE4 Ltd may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the ICE4 Ltd website or catalogue.
- Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the ICE4 Ltd website at the time of the Order.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and ICE4 Ltd may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then ICE4 Ltd may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, ICE4 Ltd may vary the Order with the Customer’s approval.
2.4 Customers placing Orders for age-restricted goods such as solvents confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
- Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the ICE4 Ltd website at the time of the Order. ICE4 Ltd reserves the right to update prices at any time. All prices are quoted in British Pound Sterling.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case ICE4 Ltd shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the ICE4 Ltd website.
4.1 Full delivery prices and options are listed on the ICE4 Ltd website and subject to change from time to time.
4.2 Standard Delivery Orders will be sent for ’48 hours delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by ICE4 Ltd before 2.00pm on a working day (a working day is a day other than weekends and bank/public holidays) If the Order cannot be delivered ’48 hours’ then delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location. Such as Republic of Ireland, Inner and Outer Hebrides, Orkney, Northern Scotland, Shetland, Isle of Wight, Isle of Man, and Northern Ireland.
4.4 ICE4 Ltd will use reasonable endeavours to meet delivery estimates in all cases however ICE4 Ltd cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and ICE4 Ltd will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by ICE4 Ltd to the Customer before delivery.
4.7 ICE4 Ltd Goods are delivered to the front door of ground floor locations only.
- Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by ICE4 Ltd. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee (usually £75). Certain Goods cannot be returned for hygiene reasons. Certain Goods such as sanitiser must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the ICE4 Ltd website. The carriage cost of returns may be refunded in whole or in part to the Customer at ICE4 Ltd’s discretion.
5.2 Goods are guaranteed against defects in accordance with the terms of the ICE4 Ltd’s warranty or for 2 years from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at ICE4 Ltd’s discretion. Parts under this warranty are guaranteed in the UK mainland only.
5.3 Goods that are missing from delivery or damaged due to delivery must be reported to ICE4 Ltd within 24 hours. The Ice Machines must be inspected by the Customer upon delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, castors and legs, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to ICE4 Ltd within 24 hours to qualify for replacement, repair or refund at ICE4 Ltd’s discretion. Certain Goods may be disposed of in accordance with ICE4 Ltd safety instructions for replacement, exchange or refund with ICE4 Ltd’s prior approval. No Goods will be sold on a ‘sale or return’ basis without prior written approval by ICE4 Ltd. ICE4 Ltd may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without ICE4 Ltd’s prior approval.
5.5 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6.1 ICE4 Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of ICE4 Ltd’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.2 ICE4 Ltd reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as chemical sanitiser).
- Limitation of Liability
7.1 The Customer agrees that ICE4 Ltd will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. ICE4 Ltd will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time. Nothing in this Agreement shall exclude ICE4 Ltd’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by ICE4 Ltd.
- Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by ICE4 Ltd may be subject to copyright (whether owned by ICE4 Ltd or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold ICE4 Ltd harmless for any breach of said covenant.
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.