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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. It must be noted at the outset that this site is solely for dealing with Business to Business transactions and at no time is it to be used for transactions with End Users (Consumers as specified under EU and Republic of Ireland law).


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Quinn Hardwoods Ltd.. The collective work includes works that are licensed to Quinn Hardwoods Ltd.. Copyright 2003, Quinn Hardwoods Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Quinn Hardwoods Ltd. or purchasing Quinn Hardwoods Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Quinn Hardwoods Ltd. or to purchase Quinn Hardwoods Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Quinn Hardwoods Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Quinn Hardwoods Ltd. used in the site are trademarks or registered trademarks of Quinn Hardwoods Ltd.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Quinn Hardwoods Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Quinn Hardwoods Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Quinn Hardwoods Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
13. WARRANTY AND LIABILITY The liability of the Company is subject to compliance by the Buyer with all the terms contained in this clause 13. 13.1 The Company shall make good by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where the design is supplied by or on behalf of the Buyer), faulty materials or faulty workmanship provided that:-
13.1.1. the Buyer shall be responsible for ensuring that Goods are fit for the purpose for which it wishes to use them and the Company gives no warranty (and none shall be implied) that the Goods are in for any particular purpose; and
13.1.2 the defect in question shall have appeared within 12 months (or such longer time period (if any) as maybe provided for in any guarantee given by or on behalf of the manufacturer of the Goods) after the Buyer shall have taken possession of the Goods or performance of Services completed and shall have been thereupon promptly notified in writing to the Company; and
13.1.3 any Goods alleged to be defective shall be stored in a safe place by the Buyer until such time as the Company authorises their disposal in writing; and
13.1.4 any Goods alleged to be defective shall, if so required by the Company, be promptly returned at the Buyerʼs risk and expense to the Companyʼs premises for inspection, and the Company shall as its responsible opinion consider them to be detective solely by reason of faulty design materials or workmanship; and
13.1.5 no attempt shall have been made by the Buyer or by any third party to remedy any defect before, if so required by the Company, the Goods in question shall have been returned to the Company for inspection; and
13.1.6 the Goods in question shall have been serviced and maintained properly and in accordance with the Companyʼs recommendations and shall not have been altered and / or fitted with any parts, components or accessories other than those manufactured or recommended by the Company.
13.2 Apart from such reimbursement repair or replacement the Company, its employees and agents shall be under no liability to the buyer or to any third party for any injury, loss or damage of any kind whatsoever, howsoever and wheresoever arising or arisen, and whether direct or indirect, including without limitation any injury, loss or damage arising out of or incidental to:-
13.2.1 any negligence of the Company or of any of its employees or agents (except insofar as such negligence may result in death or personal injury); or
13.2.2 the Companyʼs performance of or failure to perform or breach of any of its obligations, whether express or implied under the Contract or otherwise; or
13.2.3 the supply, installation, repair or maintenance of any of the Goods; or
13.2.4 any defect in any of the Goods; or
13.2.5 any advice given or representation made by the Company or on its behalf;
13.2.6 any performance of any Services.
13.3 Save as set out in Clause 13.1 the liability of the Company arising from all and any claims relating to any single Contract shall be limited to a maximum of the sum received by the Company from the Buyer under the Contract or such amount (less the costs of recovery incurred by the Company) as the Company receives from the manufacturer of the Goods giving rise to the claim from the buyer.
13.4 The Company shall not be liable for any claim relating to any breach of warranty express or implied, brought after the expiry of the period of twelve months from the date on which the Contract was made (or, in the case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of those Goods).
13.5 The Company shall in no circumstances be liable to the Buyer for any economic loss, loss of profit, loss of business, consequential, indirect or like loss.
13.6 The terms of this condition replace and exclude all conditions, warranties, representations, statements, liabilities and other terms whatsoever implied by common law, statute, course of dealing, trade practice or otherwise, all of which shall accordingly be excluded to the extent allowed by law, and the Company shall in relation to the Goods and Services have no obligation to the Buyer, either arising by statute or in tort or in Contract and whether arising out of any negligence of the Company or any of its employees or agents (and whether under the Contract or under any other Contract), other than the express obligations contained in these conditions or if any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.
13.7 The Company shall use its reasonable endeavours to transfer to the Buyer the benefit of any guarantee in respect of the Goods available from the manufacturer provided that the Company may in its discretion, elect to do so only at the cost of the Buyer.
13.8 Notwithstanding anything to the contrary herein contained the Companyʼs liability to the Buyer for:-
13.8.1 damage suffered by the Buyer as a result of a breach by the Company of the condition as to title or the warranty as to quiet possession implied by Section 12 of the Sale of Goods and Supply of Services Act 1980 and
13.8.2 damage for which the Company is liable to the Buyer under Section 2 of the Liability for Defective Products Act 1991; shall not be limited save that nothing in this clause 13 shall confer a right or remedy upon the Buyer to which the buyer would not otherwise be entitled.
13.9 The provisions of this clause 13 shall survive any termination of the Contract.
13.10 The exclusions from and limitations of liability set out in this clause 13 shall be considered severable. The validity, illegality or unenforceability of any one clause, sub-clause, paragraph or sub-paragraph of this clause 13 shall not affect the validity or enforceability of any other part of this clause 13.
14. INDEMNITY
14.1 If any process is to be applied to the Goods or the Services by the Company in accordance with a specification or direction (as the case maybe) submitted by the Buyer, the buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed is be paid by the Company in settlement of any claim for infringement or alleged infringement of any intellectual property rights of any other person which results from the Companyʼs use of the Buyerʼs specification or from the Company complying with the buyerʼs direction as the case may be.
14.2 Where the buyer uses the Goods or the Services:-
14.2.1 in the manufacture, supply or distribution of any other goods;
14.2.2 in the provision of a service; then the Buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in respect of such use by the Buyer arising out of the manufacture, supply or distribution of those other goods or the provision of that service.
14.3 The Buyer shall indemnify and hold harmless the Company from and against all loss, damages, costs and expenses awarded against or incurred by the Company in respect of:-
14.3.1. any liability which the Company may incur as a result of a claim against the Company by a third party under Section 2 of the Liability for Defective Products Act 1991;
14.3.2 any warranty howsoever given by the buyer to a third party;
14.3.3 any loss caused by the Goods during transit. 14.3.4The Company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control.
15. NOTICES Any notice required to be given in writing under the Contract shall be given either by telex, email, facsimile transmission or by first class registered post addressed to the registered office of the party for which it is intended.


Limitation of Liability
Quinn Hardwoods Ltd. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Quinn Hardwoods Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Quinn Hardwoods Ltd. product is mistakenly listed at an incorrect price, Quinn Hardwoods Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Quinn Hardwoods Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Quinn Hardwoods Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Quinn Hardwoods Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Quinn Hardwoods Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Quinn Hardwoods Ltd.

Returns
Goods will be accepted back by Quinn Hardwoods Ltd. upon prior agreement between Quinn Hardwoods Ltd. and the buyer in the original transaction. No goods will be accepted back from a customer by Quinn Hardwoods Ltd. without prior agreement. Use the Contact Us link at the base of the page for contact details. Goods must be made available on site for inspection by a representative of Quinn Hardwoods Limited where requested by Quinn Hardwoods Limited.

Miscellaneous
This site is expressly for the use of Business to Business transactions and can not be used by party termed as a consumer. The material sold on this site is termed "raw material" and is solely for the purpose of supplying manufacture, supply and building business. Any sales to parties outside the borders of the Republic of Ireland shall have their VAT (currently charged at 23%) refunded to their card once the goods have been delivered to parties with valid UK VAT numbers. This complies with Non VAT transaction requirments as stated by the Irish Revenue Dept.


Notice
Your use of this site shall be governed in all respects by the laws of the Republic of Ireland, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Quinn Hardwoods Ltd. products) shall be in the courts of the Republic of Ireland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Quinn Hardwoods Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. Quinn Hardwoods Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Quinn Hardwoods Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Quinn Hardwoods Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Quinn Hardwoods Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Quinn Hardwoods Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Quinn Hardwoods Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Quinn Hardwoods Ltd. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Quinn Hardwoods Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Quinn Hardwoods Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with Quinn Hardwoods Ltd., Quinn Hardwoods Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Quinn Hardwoods Ltd.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Quinn Hardwoods Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).