Kochak Ltd Web Site Terms And Conditions
Disclaimer
This site is provided by Kochak Ltd ("Kochak Ltd") on an
"as is" basis solely and expressly for pre-screened and pre-approved
customers of Kochak Ltd, known as "members of www.thebarbersupply.com".
Kochak Ltd makes no representations or warranties of any kind, express or
implied, as to the operation of the site, or the information, content,
materials or products, included on this site. This site and the descriptions of
products and services herein may be updated or revised at any time, and may
contain typographical or technical inaccuracies. To the full extent permissible
by applicable law, Kochak Ltd disclaims all warranties, express or implied,
including but not limited to, implied warranties of merchantability and fitness
for a particular purpose in connection with the use of this site and the
description of products and services contained herein. In no event will Kochak
Ltd be liable for incidental, special, or consequential damages of any nature
arising directly or indirectly in connection with, or as a result of, the use
of this site by any party.
By using this site, you agree: a) to maintain all equipment required for
your access to and use of www.thebarbersupply.com; b) to maintain the security
of your member identification, password and other confidential information
relating to your www.thebarbersupply.com account to be responsible for all
charges resulting from use of your www.thebarbersupply.com account, including
unauthorized use. Kochak Ltd reserves the right to terminate or suspend the www.thebarbersupply.com
account and its use by any party at any time, with or without cause or prior
notice.
Copyright
All content included on this site, including text, graphics, logos,
button icons, images, audio clips and software (and the compilation, assembly
and arrangement thereof), is the property of Kochak Ltd or its content
suppliers and is protected by UK and international copyright laws. Such site
content may be used as a purchasing resource for pre-screened and pre-approved
customers of Kochak Ltd. only. Any other use, including the reproduction,
modification, distribution, transmission, republication or display of the
content on this site is strictly prohibited.
Licenses and Trademarks
Kochak Ltd. and its parent company is the owner of numerous trademarks,
service marks, designs, patents and proprietary properties. Kochak Ltd's
registered trademarks may include, but are not limited to, the following: Kochak
Ltd. Other trademarks used on this site are the properties of their respective
owners. No Kochak Ltd Intellectual Property or trademarks, information, or
images provided on this site may be used, reproduced or distributed without
explicit written permission of Kochak Ltd.
Applicable Law
This site is created and controlled by Kochak Ltd. in Coventry UK and the
laws of the UK will govern these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. Kochak Ltd reserves the right to
make changes to this site and any disclaimers or terms and conditions contained
herein at any time.
Terms and Conditions of Sale
All transactions involving the sale of Kochak Ltd. products or services
through the use of this site are subject to Kochak Ltd's standard terms and
conditions of sale as they appear on Kochak Ltd's web site, invoice and order
acknowledgment forms. The use of this site as a purchasing resource for any Kochak
Ltd customer shall constitute such customer's acceptance of Kochak Ltd's
standard terms and conditions of sale, notwithstanding any contradictory terms
and conditions which may appear on the customer's forms, or otherwise.
- All transactions involving
the sale of Kochak Ltd products or services through the use of this site
are subject to Kochak Ltd's standard terms and conditions of sale as they
appear on Kochak Ltd's web site, invoice and order acknowledgment forms.
The use of this site as a purchasing resource for any Kochak Ltd customer
shall constitute such customer's acceptance of Kochak Ltd's standard terms
and conditions of sale, notwithstanding any contradictory terms and
conditions which may appear on the customer's forms, or otherwise.
- LIMITATION OF WARRANTIES.
Unless an express written warranty is otherwise furnished by the Seller by
a separate document, the Seller makes no warranty, express or implied,
with respect to the goods sold and/or the services rendered by the Seller
here under. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE OF
MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. IN NO EVENT SHALL SELLER BE
LIABLE FOR LOSS OF USE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR PERSONAL
INJURIES OR DELAY. THIS DISCLAIMER OF CONSEQUENTIAL DAMAGES WILL CONTINUE
IN FULL FORCE AND EFFECT EVEN IF THE BUYER'S LIMITED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. In the event any component or part of the goods sold
and/or services rendered here under have not been manufactured by the
Seller, the Seller's sole obligation shall be limited to making available
to Buyer any existing applicable warranty of the manufacturer to such
component or part to the extent Seller can do so.
- ENTIRE AGREEMENT. No agent,
employee or representative of the Seller has any authority to bind the
Seller to any affirmation, representation or warranty concerning the goods
sold under this contract, unless such affirmation, representation or
warranty is specifically included within this agreement. No modification
or alteration of the forgoing disclaimer of warranty and limitation of
remedies provisions shall be valid or enforceable unless set forth in a
separate document issued and executed by the Seller.
- INDEMNIFICATION. In the
event Buyer fails to disclaim any warranty with respect to any articles
sold here under, Buyer shall indemnify and hold Seller harmless from any
and all liability, costs and expenses to which Seller may be subjected as
a result of Buyer's failure to so disclaim its express or implied
warranties.
- RISK OF LOSS; TITLE. The
goods sold here under shall be at risk of the Buyer upon delivery by the
Seller to the carrier F.O.B. shipping point. Title to the goods sold here
under shall remain in Seller until payment in full by the Buyer.
- DELAYS BEYOND SELLER'S
CONTROL. Seller shall not be responsible for delays in performance caused
by delays at manufacturing plants, or in transportation or due to strikes,
fires, floods, storms, war, insurrections, riots, any government
regulation, order, act or instruction, or any other circumstances beyond
the Seller's reasonable control.
- SERVICE CHARGE: TERMS OF
PAYMENT; COLLECTION ACTIONS. Any account not adhering to the payment terms
on the face hereof will be subject to a service charge of 1 ½ Ͽer month on the unpaid balance. Unless
otherwise indicated on the face hereof payment terms are net 30 days. If
Seller commences an action to collect amounts due on this account, Buyer
will indemnify and hold Seller harmless from all expenses incurred in
connection therewith, including attorney's fee.
- SURVIVAL OR TERMS. To the
extent any provision hereof is held invalid, then that provision shall be
deemed to be deleted, and the remaining provisions hereof shall remain in
full force and effect.
- RETURNED GOODS. IMPORTANT. A
35£ handling or restocking charge, after inspection and in the opinion of
the Seller, can be made upon all goods returned for credit. Goods returned
for credit must be returned within five (5) days after receipt and must be
accompanied by our Invoice Number and date of purchase.
- FOREIGN SHIPMENT. In the
event this sale involves foreign shipment, the Seller declares this
invoice to be true and correct in every respect and declares the goods
described on the reverse side hereof to be the product of the industry of
the UK, except as otherwise noted.
- LIMITATION OF ACTIONS. Buyer
agrees that any action of any kind by the Buyer against the Seller must be
commenced, if at all, within one (1) year after the date of delivery.