OVERVIEW
This website is operated by Moisture Meter Shop, a division of Sealpump Engineering Limited Throughout the site, the terms “we”, “us” and “our” refer to Moisture Meter Shop. Moisture Meter Shop 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 Cardnet & Worldpay. They provide us with the 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 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 written 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. 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.
Home / Terms and Conditions
Terms and Conditions
Version 2015
- Scope
Our Company’s deliveries, services and offers are exclusively based on these terms and conditions. We do not accept our customers’ conditions opposing or deviating from our terms and conditions unless we explicitly confirmed their validity. Contractual performance activities on our part shall thus not be deemed to be an acceptance of contractual conditions deviating from our terms and conditions. These terms and conditions shall also be an applicable framework agreement for all other legal transactions between the contractual parties. In general, our General Terms and Conditions are designed for business transactions with commercial customers; should they be applied for a business transaction with a consumer in exceptional cases, any provisions in contradiction to the Austrian Consumer Protection Act shall be disregarded. These terms and conditions are also made publicly known in the internet at http://www.merlin- technology.com, so that we can reasonably expect them to be known.
- Conclusion of Contract
Our offer is without engagement. We and our customer conclude a purchase contract or contract for work and services by the remittance of our order confirmation. A contract is also concluded by shipment of the goods ordered by the customer. All agreements shall only be binding for us upon our written confirmation. In case of contradictory documents, the content of our order confirmation shall prevail. If we receive any offers, the offeror shall be bound to its offer for a reasonable period of time, however not less than 8 days upon receipt of the offer. If no contract is concluded with us, we reserve the right to invoice the preparation of detailed cost estimates and comprehensive plans to a reasonable extent. In case we receive an order, these activities shall be included in the prices unless otherwise agreed upon in writing. We reserve the right to effect changes to constructions, minor deviations as well as execution guidelines insofar as this is necessary and useful. Should statutory permits be required for the execution of contract, the contracting party responsible for obtaining such permits must make all efforts to obtain the necessary permits in due time.
III. Price
All prices stated are excl. VAT ex-works unless expressly stated otherwise. Should wage costs change under a collective agreement for the industry or due to internal agreements or should there be changes in other costs relevant for the price calculation or costs necessary for the production of goods and services such as costs for materials, energy, transport, work performed by third parties, financing etc., we shall be entitled to adapt our prices correspondingly.
- Terms of Payment, Interest on Arrears
Unless otherwise agreed upon, our claims are payable concurrently, in cash, against delivery of goods. Cash discount deductions require a separate agreement. In case of a delay in payment or partial payment, cash discount agreements, if any, shall become ineffective even with regard to all future invoices. Payments by customers are only considered effected upon receipt in our business account.
In case of a delay in payment or a delay in connection with another performance by the customer, we can either insist on performance of the contract and postpone the fulfilment of our own obligations until payment of the overdue payments or other performance, demand a corresponding extension of the delivery time, accelerate the entire outstanding amount, demand interest on arrears amounting to 8 % above the corresponding base rate of the European Central Bank from the due date, unless the customer can establish sufficient reason for relief, claim the bank guarantee provided to us as a security or, while granting a reasonable grace period, we can declare the termination of contract. Actual waiting periods are deemed to be granted grace periods.
For damage due to delay in performance, the customer shall also be obliged to reimburse us for the accrued collection and recovery charges. For every reminder we sent, an amount of € 10.90 shall be payable and for the record keeping of the obligation in our dunning process, an amount of € 3.63 shall be payable semi-annually.
Should these Terms of Payment not be observed or should we be informed of circumstances reducing the customer’s credit standing after conclusion of the contract, all our claims including claims from other business transactions become due and payable immediately. In this case, we shall be entitled to only execute outstanding deliveries, including outstanding deliveries in connection with other business transactions concluded, against pre-payment or to terminate the contract and demand full damages corresponding to the amount of our performance. The redemption right for the goods delivered with reservation of title shall not be affected thereby.
In case of a delay in payment, the customer shall also have the obligation to provide suitable security for all outstanding claims including interest, expenses and costs for collection and recovery.
Should, in case of an agreed payment in installments, the customer be in arrears even with only one installment, the total outstanding amount shall immediately become due. In addition, interest amounting to 8 % above the corresponding base rate of the European Central Bank shall be paid from accelerated capital.
Payments received shall at first be allocated to costs (expenses) then to interest and finally to the capital. Within four weeks after receipt of payment, we can provide a statement indicating a deviating allocation of a designated payment. We shall be entitled to allocate designated payments to unsecured and/or to the oldest invoices.
- Termination of Contract
In case of a default of acceptance (Item VII.) or other good reasons, in particular such as customer’s insolvency or a dismissal of a petition in insolvency for lack of funds as well as in case of a delay in payment by the customer, we shall be entitled to terminate the contract if it has not yet been completely fulfilled by both parties. In case of a termination of contract due to circumstances attributable to the customer, we shall be entitled to receive, at our sole discretion, either a lump sum for damages amounting to 15 % of the gross invoice amount or a compensation for the actually incurred damage. In case of a delay in payment by the customer, we shall be released from all other obligations to perform and deliver and we shall be entitled to retain outstanding deliveries and/or services and to demand payment in advance and/or security or to terminate the contract after having granted a reasonable grace period. If the customer – without being entitled to do so – terminates the contract or asks for a termination of contract, we can, at our sole discretion, insist on fulfillment of contract or agree to the termination of contract. In the latter case, the customer shall have the obligation, at our discretion, to pay either a lump sum for damages amounting to 15 % of the gross invoice amount or a compensation for the actually incurred damage. The rescission of any services which might already have been rendered on our part shall remain unaffected.
- Cancellation
The purchaser shall be entitled to terminate the contract without stating any reason upon payment of a cancellation fee amounting to 40 % of the agreed price. The court’s right to reduce or abate the damages payable shall explicitly be excluded. The assertion of damage in excess thereof shall remain unaffected.
VII. Delivery, Transport, Default of Acceptance
Unless otherwise agreed upon
- the prices indicated are ex our works excluding loading and assembly;
- packaging shall be effected as usual in trade in order to avoid the damage of goods under normal transport circumstances to the determined destination and shall only be taken back if explicitly agreed upon.
Upon request and against separate payment, we can effect and/or organise assembly, delivery, installation. For transport and/or delivery, the actual incurred costs including a reasonable surcharge for overhead costs, however, not less than the freight and carriage costs for the chosen method of transport valid at the date of delivery shall be invoiced. Assembly work shall be invoiced according to expenditure of time, a man hour rate customary for the industry shall be deemed to be agreed upon. In case the customer does not accept the goods as agreed upon (default of acceptance) and after having set a grace period that elapsed unsuccessfully, we shall be entitled to either store the goods in our premises and charge a storage fee amounting to 0.1 % of the gross invoice amount per commenced calendar day or to have them stored at the customer’s risk and expense with a tradesman entitled to do so. At the same time, we shall be entitled to either insist on fulfilment of contract or – after having set a reasonable grace period of not less than 2 weeks – to terminate the contract and to dispose of the goods otherwise.
Transport shall be effected at the customer’s risk. We will choose the shipment method in our reasonably exercised discretion. If the customer desires a certain method of transport or a specific means of transport, we shall invoice these items separately. The customer must ensure that delivery vehicles can access the point of unloading in an unhindered and safe way and that unloading without delay is possible. The customer must reimburse us for all additional costs and any damage resulting from the violation of this obligation, including third parties’ claims. Unless otherwise agreed upon, unloading the means of transport shall be the customer’s obligation, even if we commission the transport company. In the latter case, we act as the customer’s representative. If our employees perform any work in the course of unloading, these employees shall be deemed to be employees temporarily hired by the customer.
VIII. Term of Delivery
We shall only have the obligation to perform if and when the customer fulfilled all its obligations required for performance, especially all technical and contractual details, pre-work and preparations. We shall be entitled to exceed the agreed deadlines and terms of delivery by up to one week. Only after expiry of this period can the customer terminate the contract after having set a grace period of 4 weeks. Unless expressly otherwise agreed upon in writing, terms of delivery shall be without obligation. However, we will make an effort to adhere to promised periods of time.
- Guarantee, Laesio Enormis
The guarantee period shall end 6 months after delivery. The validity of article 924, sentences 2 and 3 of the Austrian General Civil Code shall be excluded. Our guarantee obligation shall only apply to defects occurring in the course of intended and normal use. It will explicitly not apply to defects due to inadequate installation by the customer or its agents, inadequate maintenance or repair, non-observance of our instructions, user guidelines, service and maintenance guidelines, repairs effected inadequately or without our consent, amendments or changes by any other person but us or our representatives as well as to defects due to normal wear and tear. Security of our goods can only be guaranteed to the extent that can be expected based on our regulations for the treatment of the subject matter of the contract and based on other given information. Only those characteristics we guaranteed expressly in writing shall be deemed to be guaranteed characteristics. We shall not be liable for minor deviations in construction and measurement. We shall only be bound to our publicly made statements concerning the subject matter or the characteristics of samples and models we provided, if we guarantee them explicitly in writing in our offer or in our order confirmation. We shall not be bound by any statements of the manufacturer, importer into the EEA or any other person purporting to be the manufacturer. We expressly exclude liability of any kind for our assembly instructions. Replacement or improvement of the subject matter shall be effected in our works. Costs for shipment and transport, if any, shall be borne by the customer. The customer must provide necessary support for guarantee work free of charge. Replaced parts, if any, shall become our property. We shall not assume any guarantee for the sale of second-hand goods as well as for the assumption of repair orders or for changes or modifications. The guarantee shall expire immediately if the customer or a third party we did not explicitly authorise to do so performs changes or amendments to the delivered goods without our written consent. We shall not accept invoices in this case. The customer shall be obliged to carefully inspect the delivery immediately upon receipt. The customer must notify us in writing of any defects immediately upon receipt of the goods. We shall, at our sole discretion, fulfil guarantee claims by improvement, replacement or price reduction. The customer explicitly waives its right to rescission of contract. In general, replacement of goods is only possible in fulfilment of a right to correction of a defective delivery, otherwise it is excluded. If goods are manufactured on the basis of customer’s construction information, drawings and other specifications, our liability shall not extend to the correctness of the construction but only to a correct execution according to the customer’s specifications. We shall not be obliged to verify the correctness or fitness for use of these specifications and the documents provided by the customer. The customer must indemnify and hold harmless our company in case of any violation of property rights. Should the customer not or not in a timely manner fulfil its payment obligations, our guarantee obligation for defective goods shall become inapplicable. There shall be no extension, suspension or interruption of the guarantee obligation due to a remedy of defects. Recourse claims against us according to § 933 b of the Austrian General Civil Code shall be excluded.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
All prices stated are excl. VAT ex works unless expressly stated otherwise. Should wage costs change under a collective agreement for the industry or due to internal agreements or should there be changes in other costs relevant for the price calculation or costs necessary for the production of goods and services such as costs for materials, energy, transport, work performed by third parties, financing etc., we shall be entitled to adapt our prices correspondingly.
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.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
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 the 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 nor 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, libelous, 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 other personal or proprietary right. You further agree that your comments will not contain libelous 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
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
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 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 Moisture Meter Shop, 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 Moisture Meter Shop 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 constitutes 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 of The Innovation Centre, Vienna Court, Kirkleatham Business Park, Redcar, TS10 5SH, United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@moisturemetershop.com.