Terms and Conditions
Updated on 21 April 2022
Electrical Work Provided By Elextric ltd T&Cs
- Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by ELEXTRIC, “ELEXTRIC” means ELEXTRIC LTD. “Contract” means the agreement between the Customer and ELEXTRIC to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and ELEXTRIC) that agreement, “Works” means the works described in ELEXTRIC’s estimate and/or as referred to in ELEXTRIC’s Work Detail Sheet or any other document or email issued by ELEXTRIC, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” and “written” include by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to ELEXTRIC’s reasonable discretion.
2.2 All estimates given by ELEXTRIC, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between ELEXTRIC and the Customer, except where these terms are a schedule to a signed agreement between the Customer and ELEXTRIC, in which event these terms apply only to the extent not inconsistent with that agreement.
2.3 The Customer acknowledges that ELEXTRIC has not made any representations (other than any expressly stated in the Contract and/or in ELEXTRIC’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and ELEXTRIC for the performance of the Works.
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of ELEXTRIC of any documentation of the Customer shall not imply any modification of the Contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
- The Price, Estimates and Variations
3.1 Unless ELEXTRIC provides the Customer with a written estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of ELEXTRIC’s standard Rate Card applicable at the time the Works are carried out.
3.2 Any estimate by ELEXTRIC is subject to withdrawal by ELEXTRIC at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where ELEXTRIC provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by ELEXTRIC in the estimate and also except as follows:
3.3.1 an estimate is based on the information made available to ELEXTRIC by the Customer. If during the conduct of the Works it becomes apparent to ELEXTRIC that that information was either incorrect or insufficient in any respect that ELEXTRIC considers to be material, ELEXTRIC reserves the right to inform the Customer and to increase the estimated price to take account of the revised information; and
3.3.2 if prior to carrying out the Works, there is an increase to ELEXTRIC of more than 10% in the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which ELEXTRIC’s estimate was provided, ELEXTRIC reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.4 For materials, parts or other items that are not carried as part of ELEXTRIC’s standard van stock, unless it is with respect to Works for which there is an estimate which includes all collection fees, ELEXTRIC charges a fixed collection fee of £50 plus VAT. Where an item is not easily sourced or generally held by the major suppliers used by ELEXTRIC and it considers that significant time will need to be spent tracing and then collecting it, ELEXTRIC will inform the Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per ELEXTRIC’s standard Rate Card. It should be noted that this is an infrequent occurrence.
3.5 ELEXTRIC’s standard Rate Card is available for inspection both on ELEXTRIC’s website (www.ELEXTRIC.co.uk) and at ELEXTRIC’s premises during normal business hours. The Rate Card specifies half hourly rates. There is a minimum charge of one hour. Subject to that, charges are made by the half hour, rounded up to the next half hour.
3.6 Unless otherwise stated, the price and all estimates provided by ELEXTRIC are shown exclusive of Value Added Tax which will be payable in addition, where properly chargeable.
3.7 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by ELEXTRIC to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
3.8 ELEXTRIC will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it, subject to a maximum mark-up of 65% of the actual cost paid by ELEXTRIC for the relevant item. The mark-up will reflect, at ELEXTRIC’s sole discretion, the level of trade or other discount that ELEXTRIC was able to obtain from the relevant supplier.
- Payment and Title
4.1 Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
4.2 Account Customers: ELEXTRIC will seek to submit invoices to the Customer within 14 days of completion of the Works and, subject to paragraph 11 below, payment must be made by the Customer within 30 days after the date of issue of the invoice.
4.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to ELEXTRIC without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
4.4 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless ELEXTRIC has agreed otherwise in writing.
4.5 In the case of consumer Customers, ELEXTRIC shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 5% above the Bank of England base rate at the relevant time together with such charges as may be incurred by any collection agent appointed by ELEXTRIC (with a minimum of £90 plus VAT in the case of amounts below £1,000 and a minimum of £105 plus VAT in the case of amounts of £1,000 or more). In the case of commercial Customers, ELEXTRIC will apply all relevant interest and charges as applicable under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time by Government legislation or regulation.
4.6 ELEXTRIC shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
4.7 Title in all parts, materials and other items supplied by ELEXTRIC shall not pass to the Customer until payment for the Works has been made in full.
- The Works
All descriptions, illustrations, etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
- Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. ELEXTRIC shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 15 below.
- Permits, Licences, other Consents and Access
7.1 It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless ELEXTRIC agrees otherwise in writing. The Customer shall provide clear access to enable ELEXTRIC to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.
7.2 The Customer will at all times provide a safe working environment for ELEXTRIC and its employees, agents and sub-contractors for the purposes of carrying out the Works. ELEXTRIC will not be required to enter any property when they are occupied but the only occupant is a minor.
7.3 The Customer will provide all necessary power and a clean water supply for ELEXTRIC’s use in the execution of the Works.
7.4 Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, ELEXTRIC reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3 above if a blockage occurs in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works.
7.5 The Customer must obtain any permission for ELEXTRIC to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify ELEXTRIC against all claims of whatsoever nature made by such third parties arising out of the presence of ELEXTRIC its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on ELEXTRIC’s part. The Customer shall be liable to ELEXTRIC for all loss or damage whether direct, indirect or consequential which is suffered by ELEXTRIC as a result of failure or delay by the Customer in performing the obligations referred to in this paragraph.
7.6 All fixtures and fittings in working areas shall be removed by the Customer before commencement of the Works at the Customer’s expense. ELEXTRIC may remove at the Customer’s expense any fixtures and fittings not so removed but it will not be responsible for any damage to any fixture or fitting so removed other than damage proved to be caused by ELEXTRIC’s negligence.
- Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
- Force Majeure
ELEXTRIC will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond ELEXTRIC’s control.
- Inspection of Works and Complaints Procedure
11.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
11.2 If the Customer gives ELEXTRIC a notice that the works or any part thereof are not in accordance with the Contract, as per paragraph 11.1 above, ELEXTRIC shall be given access the site to examine the complaint and, if ELEXTRIC agrees that the Works were not completed in accordance with the Contract, to make good, at ELEXTRIC’S own cost and expense, any defect. If ELEXTRIC does not agree with the Customer’s complaint, the Customer shall be entitled to refer the matter to the relevant trade accreditation body (of which a list is maintained on ELEXTRIC’s website), with a view to mediation in accordance with the recommendations of the body, failing which the Customer shall be deemed to have withdrawn its complaint and shall be obliged to make payment in full for the Works in accordance with paragraph 4 above. If the Customer involves a third party contractor prior to giving ELEXTRIC a reasonable opportunity to correct any agreed defect or prior to exhausting the procedure recommended by the relevant accreditation body, any such involvement shall be at the Customer’s own cost and expense and ELEXTRIC shall be entitled to payment in full in accordance with paragraph 4 above.
12.1 Subject to paragraph 11 above and the exclusions listed in paragraph 12.4 below, ELEXTRIC undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of ELEXTRIC’s obligations under the Contract and provided that details of the defect are notified by the Customer to ELEXTRIC in writing within such period and that ELEXTRIC and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by ELEXTRIC and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4 above.
12.2 If ELEXTRIC returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of ELEXTRIC, ELEXTRIC reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above.
12.3 ELEXTRIC reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by ELEXTRIC or where payment has not been made in full for such work.
12.4 The exclusions referred to in paragraph 12.1 above are:
– Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, to the extent available and are not guaranteed by ELEXTRIC.
– Systems or structures not installed by ELEXTRIC.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to ELEXTRIC prior to the work having been undertaken.
– Defects resulting from misuse, wellful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than ELEXTRIC).
– Structural defects encompassing but not limited to subsidence and its resultant effect.
- ELEXTRIC’s Liability
13.1 These terms set out ELEXTRIC’s entire liability in respect of the Works and ELEXTRIC’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
13.2 ELEXTRIC’s liability shall be limited to:
– The repair or making good of any defect pursuant to its undertaking in paragraph 12 above and subject always to paragraph 11 above.
– Liability for death or personal injury resulting from negligence in the course of carrying out ELEXTRIC’s duties.
– The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from ELEXTRIC’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
13.3 ELEXTRIC will not be responsible for damage suffered to a part of the Customer’s property (whether or not ELEXTRIC is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
- Customer’s Liability
14.1 The Customer shall, in addition to its liability under paragraph 7.5 above and paragraph 15.1 below, be liable for:
– Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract.
– The safety of both plant and machinery belonging to or hired in by ELEXTRIC or its employees, agents or sub-contractors and shall indemnify ELEXTRIC against its loss, theft or damage.
14.2 The Customer shall indemnify ELEXTRIC against all actions, suits, claims, demands, losses, charges, costs and expenses which ELEXTRIC may suffer or incur resulting from a failure or delay in the performance of the Customer’s obligations, undertakings, representations or warranties in connection with the Contract.
15.1 If the Customer cancels the Contract without ELEXTRIC’s agreement other than pursuant to paragraph 3.3 above, subject to paragraph 15.3 below, the Customer shall indemnify ELEXTRIC against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to ELEXTRIC’s right to payment in accordance with paragraph 4 above or to the cancellation charges pursuant to paragraph 15.4 below.
15.2 If the Customer wishes to cancel an appointment for a visit by ELEXTRIC, the Customer will incur a cancellation fee of £85 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time unless the ELEXTRIC engineer has arrived on site before notice of the cancellation is received by ELEXTRIC, in which event the Customer will be liable to pay a charge for one hour at the appropriate ELEXTRIC rate.
15.3 The Customer will be entitled to the following cooling off period: The period will apply with respect to planned non-emergency Works for which ELEXTRIC has provided a written estimate which has been accepted by the Customer in writing and the contract price of the estimated Works exceeds £1,000. The period will be for a period of 14 days following the day of the Customer’s acceptance of the estimate, and the Customer may at any time during that period by written notice to ELEXTRIC cancel the Works without any charge or penalty, subject to the cancellation charges referred to in paragraph 15.4 below and to the Works not having already commenced (with the agreement of the Customer).
15.4 When the Customer cancels Works, unless the cancellation is pursuant to paragraph 3.3 above, the Customer will be liable for (i) as a contribution to the bank and credit card charges incurred by ELEXTRIC, 5% of any amount already paid to ELEXTRIC and which is to be refunded by ELEXTRIC, and (ii) as a contribution to the administration, demobilisation and other costs incurred by ELEXTRIC, a charge of £85 (plus VAT) except that if greater, the charge is 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
- Waiver, Variation etc.
No waiver by ELEXTRIC of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against ELEXTRIC unless sanctioned in writing by ELEXTRIC. No forbearance or delay on ELEXTRIC’s part shall prejudice ELEXTRIC’s rights and remedies under this Contract.
Wine Conditioning Unit Supplied By Elextric Ltd T&Cs
This website is operated by Elextric ltd. Throughout the site, the terms “we”, “us” and “our” refer to Elextric ltd. Elextric ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Cloudfair Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current for example if a product is marked as in stock but upon receipt of the order the item is out of stock. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy Here.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store as We cannot guarantee that your computer monitor’s display of any colour will be accurate.
Images are to be used as a guide only, manufacturers may make changes/improvements to their products and have not informed us, and the actual product supplied may vary slightly from the one shown in the product images.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, images and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elextric Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elextric Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20- PAYMENT
All transactions are conducted in GBP £ STERLING. All payments are requested in GBP£ STERLING regardless of your local currency.
SECTION 21- WARRANTY
The manufacturer’s warranty does not cover:
1. Damage in transit or when moving the appliance.
2. Any damages caused by negligence, accident, improper use, improper installation/service or
use for purposes other than those described in the instruction manual.
3. Damage caused by connecting your product to the wrong power source.
4. Damage from power failure.
5. Faulty installation or modification made during installation.
6. Malfunction resulting from an unsuitable environment
7. Damage caused by unauthorized repair.
8. Any damages resulting from force majeure, fire disaster or natural disaster.
9. Alterations to the product without express permission from the manufacturer.
10. Parts such as light, removable shelves, or plastic.
11. Any spoilage or damage to wines or any other contents incidental or consequential to possible defects of the unit.
SECTION 22 – WARRANTY VISITS
Given the specific conditions of the wine conditioning unit, any warranty visits by engineers are subject to a fee until they can determine whether the fault is unrelated to the unit. As part of the warranty visit, the engineer will assess the wine cellar and make sure the unit has been installed in accordance with the manufacturer’s instructions. If the unit is faulty and the cellar evaluation is satisfactory, it will be brought to the company workshop for further analysis.
PLEASE NOTE: The warranty clauses and specifications are subject to change without notice.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.