ABC Fire Protection Important Legal
Notices
All contents copyright © 2001 ABC Fire
Protection. All rights reserved.
No portion of this service may be reproduced in any
form, or by any means, without prior written permission from ABC Fire
Protection.
RULES AND REGULATIONS
The following rules and regulations apply to all visitors to or users of this
Web Site. By accessing this Web Site, user acknowledges acceptance of these
terms and conditions. ABC Fire Protection ("ABC") reserves the right
to change these rules and regulations from time to time at its sole discretion.
In the case of any violation of these rules and regulations, ABC reserves the
right to seek all remedies available by law and in equity for such violations.
These rules and regulations apply to all visits to the ABC Web Site.
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LIMITED LICENSE
ABC hereby authorizes you to copy materials published by ABC on this Web Site
solely for non-commercial use within your organization. No other use of the
information is authorized. In consideration of this authorization, you agree
that any copy of these materials which you make shall retain all copyright and
other proprietary notices in the same form and manner as on the original.
Except as specified above, nothing contained herein shall be construed as
conferring by implication, estoppel or otherwise any license or right under any
patent, trademark or copyright of ABC or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY
PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE
REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM
ABC. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH,
TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY
PUBLIC OR COMMERCIAL PURPOSES.
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COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL
LAWS
User access to this Web Site is governed by all applicable laws. All
information available on the Web Site is subject to U.K. control laws and may
also be subject to the laws of the country where you reside.
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TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on this
Web Site are the property of ABC or other third parties. Users are not
permitted to use these Marks without the prior written consent of ABC or such
third party which may own the Mark.
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DISCLAIMER
Although ABC has attempted to provide accurate information on the Web Site, ABC
assumes no responsibility for the accuracy of the information. ABC may change
the programs or products mentioned at any time without notice. Mention of
non-ABC products or services is for information purposes only and constitutes
neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH
ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ABC AND
ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
ABC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING
OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ABC PRODUCT, DAMAGES
RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ABC OR
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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DISCLOSURE
Some of the information on this Web Site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of the Company. We wish to caution you that these statements are
only predictions and that actual events or results may differ materially. There
are important factors that could cause the actual results to differ materially
from those contained in our projections or forward-looking statements,
including, among others, potential fluctuations in quarterly results,
dependence on new product development; rapid technological and market change,
acquisition strategy, manufacturing risks, risks associated with Internet
infrastructure, volatility of share price, financial risk management, and
future growth subject to risks.
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TRANSMISSION OF PERSONAL DATA
Except as required by law, ABC will maintain the confidentiality of all
personal information transmitted to ABC by the user. Any feedback you provide
at this Web Site shall be deemed to be non-confidential and ABC will have no
obligation to protect such information and may use such information in any way
it chooses.
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PRODUCTS AND SERVICES AVAILABILITY
Because international information is provided at this Web Site, not all
products or programs mentioned will be available in your country. Please
contact your local sales representative for information as to products and
services available in your country.
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LINKS TO THIRD PARTY SITES
This Web Site may contain links to third party sites. Access to any other
Internet site linked to this Web Site is at the user's own risk and ABC is not
responsible for the accuracy or reliability of any information, data, opinions,
advice or statements made on these sites. ABC provides these links merely as a
convenience and the inclusion of such links does not imply an endorsement.
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ACCESS TO PASSWORD PROTECTED / SECURE AREAS
Access to and use of password protected and/or secure areas of the Web Site is
restricted to authorized users only. Unauthorized individuals attempting to
access these areas of the Web Site may be subject to prosecution.
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SOFTWARE LICENSE AGREEMENT
Any software which you download is governed in accordance with the license
terms accompanying the file.
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PRIVACY
POLICY
INFORMATION THIS SITE
GATHERS/TRACKS
The ABC Web site logs IP addresses and browser
types, but we do not link IP addresses to anything personally identifiable.
This means that a user's session will be tracked, but the user will be
anonymous.
You can browse our site without entering any
personal information and therefore remain anonymous during your visit. However,
we hope that all of our visitors will register with us so that we can learn
more about our valuable customers and keep them updated with our monthly
newsletter. Our registration form asks users for name, email address,
preferences, and various types of demographic information. The only other place
that we collect personal information on our Web site is on the order form. The
order form asks for billing information such as name, postal address, email
address and credit card number should you decide to place an order
on-line.
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USE OF THE INFORMATION THIS
SITE GATHERS/TRACKS
The ABC Web site logs IP addresses for systems
administration purposes and these logs will be analyzed to constantly improve
the value of the materials available on the website.
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SHARING OF THE INFORMATION
THIS SITE GATHERS/TRACKS
For those visitors who register with ABC , we
share your name, email address, preferences, and demographic information with
select partners so they can present you with special offers. Though, as
mentioned above, you may tell us that you don't want your information shared,
in which case we will of course respect your wishes. Please see the Opt-out
section below.
The information that you submit on the order
form (contact and billing information) is never shared with any third parties,
including our partners.
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ABC REGISTRATION
FORM
We encourage all visitors to register with ABC.
Your name and email address are used to send you our newsletter containing
product updates and special offers. If you would rather not receive the
newsletter, but would still like to register, please indicate your preference
by marking the appropriate box presented on the registration form.
Occasionally, we like to present you with special offers from our partners.
This involves sharing your information with them so they can send you the
offer. If you prefer, you can choose that your information not be shared with
our partners by indicating your preference on the registration form.
Preferences and demographic information is used to help us improve our service
and products. The more we know about you, the better we can serve you.
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ABC ORDER FORM
The information that we require on our order
form is only used to process your order quickly and accurately. Your contact
information will only be used to send you the product that you purchase and
your billing information will only be used to bill you for that product. This
information will in no way will be used for marketing purposes by ABC, nor will
it be shared with any third parties.
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LINKS
The ABC Web site contains links to other Web
sites. Please be aware that our privacy policy does not apply to these linked
sites. We encourage you to read the posted privacy statement whenever
interacting with any Web site.
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COOKIES
Our site uses cookies to keep track of items in
your shopping cart and to provide our visitors with a tailored user experience.
With the help of cookies, we can present you with customized content and ads
that will be of more interest to you. We also use cookies to remember your
passwords for you so you don't have to re-enter them each time you visit the
site. You have the option of setting your browser to reject cookies. However,
if certain cookies that track your purchase are rejected then we won't be able
to keep items in your cart.
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ADVERTISER
COOKIES
You may be served cookies from our advertisers
while visiting our site. We do not control, nor do we have access to any of the
information they may collect.
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OPT-OUT POLICY
If at any time after registering, you change
your mind about receiving the newsletter or sharing your information with third
parties, you may send your requests to:
Connected! Webmaster,
ABC_admin@netconnected.com
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CORRECTING
UPDATES
If you would like to correct and/or update your
registration information, please contact:
Connected! Webmaster,
ABC_admin@netconnected.com
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CONDITIONS OF
SALE
APPLICATION OF CONDITIONS
All Goods supplied by the Seller are supplied on
the following terms and conditions and no variation hereof or terms
inconsistent herewith shall have effect unless such variation or term is
expressly accepted by the Seller in writing.
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PRICE
The price payable for the Goods shall be the
price ruling at the date of despatch and applicable to the appropriate place of
delivery according to the Seller's price list for deliveries to the mainland of
Great Britain. An additional charge will be payable in respect of deliveries to
other United Kingdom locations. In the case of export sales the price payable
shall be the price ruling on the date of despatch and (if applicable)
appropriate to the place of delivery according to the Seller's export price
list. The Seller reserves the right to vary prices without notice.
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QUALITY AND
LIABILITY
- a) The Seller warrants and undertakes that the
Goods shall:
- (i) be of sound and merchantable
quality.
- (ii) be in accordance with the Seller's
specification thereof for the time being in force.
- (iii) in a sale by description or sample,
correspond with the description or sample as the case may be.
- (iv) be fit for the ordinary purposes specified
or set out in the Seller's published literature or instructions for use and
such other purposes as the Seller may agree in writing with the Buyer.
- b) Except as stated in a) above, and insofar as
it is legally permissible to do so, all express and implied conditions and
warranties, statutory or otherwise, as to quality or correspondence with
description or sample, or fitness for any purpose of the Goods, are hereby
expressly excluded.
- c)The Seller hereby notifies the Buyer that the
price for the Goods payable hereunder has been determined on the basis that the
Seller's liability for any breach of warranty under a) above, or for any
liability arising out of any recommendation or advice given by the Seller or
its employees or agents to the Buyer or its employees or agents to the storage,
application or use of the Goods shall be limited to the Seller's option to
- (i) refund of the purchase price of the Goods,
or
- (ii) replacement of the Goods and the Seller's
liability (so far as the law permits) shall be limited accordingly.
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DELIVERY
Unless otherwise agreed in writing:
- a) delivery estimates given by the Seller are
for the assistance of the Buyer, but the Seller shall be under no liability for
any failure or any delay in despatch or delivery, nor for any loss or damage
whatsoever arising there from.
- b) the unloading of the Goods on delivery from
any vehicle is the responsibility of the Buyer, who shall unload without undue
delay.
- c) in any case where forwarding instructions
are required from the Buyer, and the Seller has given notice that the Goods are
ready for despatch, the Buyer shall give such instructions in reasonable time
and so as to require delivery within 30 days from the date of the Seller's
notice. If the Seller does not receive such forwarding instructions it shall
(without affecting the obligation to sell and deliver Goods) be at liberty to
dispose of the Goods which are the subject of the notice of readiness as it
thinks fit.
- d) delivery shall be deemed to have been
completed when the Goods have been unloaded from the vehicle delivering them,
and the Seller shall not be required to investigate the authority of the
persons receiving the Goods to act on behalf of the Buyer. Export sales shall
be upon such terms of delivery and otherwise as may be agreed.
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PAYMENT
The price of any Goods shall be paid with the
order and any subsequent increase or decrease in the price payable hereunder
shall be adjusted by the Seller and the Buyer upon delivery of the Goods. If,
or for as long as, the Seller is willing to supply on credit terms, the Buyer
shall (unless otherwise agreed) pay the price and any other charges not later
than the 20th day of the month following the month of invoice.
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RISK AND
PROPERTY
The risk in the Goods shall pass to the Buyer
upon delivery of the Goods to the Buyer or to any carrier or location nominated
by the Buyer. The Seller and the Buyer expressly agree that until the Seller
has received in cash or cleared funds payment in full for the Goods and until
all other sums due from the Buyer to the Seller on any account whatsoever have
been paid in full:
- a) property in the Goods shall remain in the
Seller and the Goods shall be received and held by the Buyer as bailee for the
Seller and the Buyer shall store the Goods without charge to the Seller in such
a manner that they are clearly identified as the property of the Seller.
- b) the Seller may recover all or any of the
Goods from the Buyer without notice at any time they are in the possession of
the Buyer and for that purpose the Seller and its servants and agents may enter
upon any land or building upon which the Goods are situated.
- c) without prejudice to the foregoing
provisions of this Clause the Buyer has the right to dispose of the Goods in
the ordinary course of its business but only for the account of the Seller and
in the event of such disposal, the Buyer has the fiduciary duty to the Seller
to account to the Seller for the proceeds separate from any moneys or property
of the Buyer and third parties hereto.
- d) the Buyer shall without charge to the Seller
ensure that the Goods and any products in which they are incorporated are kept
in good condition and repair and shall keep such goods and products insured
against all risks to their full replacement cost under a policy which provides
for all monies payable thereunder to be paid to the Seller for the purpose of
satisfying from such monies any outstanding claims by the Seller against the
Buyer and paying the balance (if any) to the Buyer.
- e) the Buyer shall not be entitled to pledge or
in any way charge by way of security for any indebtedness of the Goods which
remain the property of the Seller, but if the Buyer does so, all monies owing
by the Buyer to the Seller shall (without prejudice to any other right or
remedy of the Seller) forthwith become due and payable.
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DAMAGE AND LOSS
No claim shall be maintainable by the Buyer
against the Seller for loss or damage to the Goods unless the delivery ticket
is appropriately endorsed with brief details of the loss and/or the nature of
the damage, and a written claim is submitted to the Seller within 10 days of
the date of despatch shown on the delivery ticket.
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PACKAGING, PACKING CASES,
PALLETS, DRUMS AND OTHER PACKING MATERIALS
If charged for separately, credit will be
allowed in full, provided they are returned in good condition carriage paid to
our works within three months of delivery of the Goods.
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FORCE MAJEURE
Neither the Seller nor the Buyer shall be
responsible for any failure to fulfil any terms of this Agreement if fulfilment
has been delayed, hindered or prevented by any circumstances whatsoever which
are not within the control of the Seller or the Buyer as the case may be, or by
shortage of suppliers required for, or in connection with, the manufacturer of
the Goods or by compliance with any order or request of any national port,
local or other authority. If the Seller is at any time delayed or hindered in
delivering the quantity which is deliverable under contract with the Buyer and
at the same time maintaining in full its business in the Goods, the Seller
shall be at liberty to withhold, suspend or reduce deliveries to such extent as
the Seller in its discretion may think fit and reasonable, and shall not be
bound to acquire by purchase or otherwise additional quantities from the s
uppliers.
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APPLICABLE LAW
English law shall apply and any dispute shall be
settled in the English Courts.
NOTE: Prices on this site apply to Great Britain mainland only. All prices may
be subject to variation without prior notice.
VAT - Prices charged on our price lists are exclusive of VAT.
Containers - Free and non-returnable.
Carriage - Paid home when delivered to Great Britain mainland.
Small Order Charge - Orders with a net invoice value of less than £250
will be subject to an addition of £40 flat rate administration and
delivery charge.
Terms - Net payment on or before the 20th day of the month following the month
of invoice.
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