Conditions of Use

These terms and conditions are effective from 1st December 2010 until further notice. Please read the following in full before Purchasing. By clicking on the "Confirm Order" button you are confirming that you have read this agreement, have understood the agreement, and agree to be bound by the conditions. If you do not agree with any of the following, then Climb8 will not enter into a contract with you, and you should not click on the "Confirm Order" button and discontinue with the online ordering process.

1. Definitions: the terms herein regulate the customer's use of items and services provided by Climb8 Limited, hereafter referred to as Climb8, we, our and us. The Customer is you, the person, persons or company purchasing products and/or services from Climb8. Climb8 is the Product Vendor and/or Service Provider as identified on all correspondence, including invoices detailing products and/or services queried, quoted, ordered, purchased and delivered and inclusive of any other correspondence arising. The site refers to Climb8's website, www.climb8.ie, any other address or subsequent websites maintained by Climb8.

2. Pricing and specifications of products: : All prices on our website are stated inclusive of VAT. All prices exclude freight and any other charges that may apply unless other wise stated. Our prices fluctuate constantly and Climb8 reserves the right to change prices in accordance with price changes from our factories, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Climb8, or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price. All quoted or listed prices are based on the cost to Climb8 of supplying the Products to the Customer. While Climb8 tries to ensure that all prices are accurate, errors may occur. If, prior to delivery of the Products, Climb8 discovers an error in the price of the Products ordered, or the price changes as a result of circumstances beyond Climb8's control, Climb8 may change the Product's price and such changes shall apply to any purchase order placed with Climb8.

2.1. Catalogues, price lists and other advertising literature or material as used by the Company are intended only as an indication as to the price and range of the Products offered and no prices, descriptions or other particulars contained therein shall be binding on Climb8

2.2. Climb8 will not be responsible for any loss or damage resulting from curtailment or cessation of supply of Products following any variation as described in clause 2.1 of this Contract.

2.3. Climb8 will use its reasonable endeavors to advise the Customer of any such impending variation as soon as it receives any such notice thereof from our factory.

2.4. Unless otherwise agreed, the Products are supplied in accordance with our manufacturer's standard specifications as these may be improved, substituted or modified.

2.5. Climb8 reserves the right to increase its quoted or listed prices, or to charge accordingly in respect of any orders accepted for Products of non-standard specifications and in no circumstances will the Company consider cancellation of such orders or the return of such orders.

3. Quotations: All of our quotations unless otherwise stated are valid on date of issue, unless there is an express provision between the parties for a different period to apply. This includes third party products. Climb8 reserves the right to withdraw any quotation. We reserve the right to correct any errors made in the preparation of a quotation and reissue the quotation if necessary, which will be valid for a period of 1 day starting on the day of reissue.

4. Ordering/Cancellation: Orders may be made through the website, by email, in writing, by fax or by phone, and are considered confirmed by means of Order Confirmation, or by verbal agreement. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Climb8. Customers cancellation of orders must and can only be made before dispatch of an order and by verbal agreement, there is no charge for cancellations for consumers in this case. Once payment or purchase order has been received for the order, there is a restocking fee of €15 or 10% of item to be cancelled or returned whichever is higher. Details of all orders made will be stored on our database.

5. Payment: All orders must be prepaid before supply, or performance of service. Only companies and public bodies are entitled to apply for a credit account, and if and/or when this is approved, 30 days credit from invoice date may be applied to transactions. Climb8 reserves the right to investigate all information given to us by you in respect of credit and trade account applications. This may include contacting any or all of your references supplied. Failure of part or full payment of the current order, or indeed any previous order by the parties concerned, may result in Climb8 refusing to process the order concerned, or any future orders. Goods remain the property of Climb8 until payment in full has been made. Should the goods be resold or used as components in any system manufactured and subsequently sold, the proceeds of sale remain the property of Climb8, and must be held by you for Climb8, in order to settle unpaid orders. Climb8 retains the right to request certain methods of payment only. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities. Once payment or purchase order has been received for the order, there is a restocking fee of €15 or 10% of item to be cancelled or returned whichever is higher.

6. Delivery: Delivery will only take place on orders that have satisfied the criteria in section 5 above. The delivery option chosen, gives the time of delivery between our warehouse and the customer. Estimated delivery dates and times are estimates, and Climb8 accepts no responsibility for delivery delays. Next shipment dates listed on websites are guidelines only and are subject to change without notice. The place of delivery is that which is specified on the web order form, by verbal agreement over the phone, in person, or by any other form of written or verbal communication. Refusal of delivery without Climb8's prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Risk of loss of the goods passes to you upon delivery.

7. Warranty: All of the products supplied by Climb8 come with a 2 year waranty. Should the product become defective within this period Climb8 will repair or replace the product within a reasonable time. The customer must offer Climb8 all information, courtesy and accommodation needed during this time. The warranty does not apply to fitness for any particular purpose, damage caused by yourself, another party or any external force, modifications, repair, incorrect use or indeed any other action by yourself or another party that renders an alteration or a damage of any kind to the product. Once any attempt is made to investigate the internal components of any part of the product, this results in the warranty becoming void. Climb8 may alter this warranty period and terms, but this will not affect products purchased prior to the change. Products returned to Climb8 that are either outside of their warranty period, and/or are damaged due to actions that are outside the conditions set down in the warranty may be repaired by technicians at Climb8, but only subject to express approval and will be charged at Climb8's labour charges, and the customer will be liable for any other expenses arising during the reasonable repair, storage and transportation of the products.

8. Returns: Damaged on arrival must be reported to Climb8 in writing within 7 days of receipt. Damaged in transit products must be reported to Climb8 in writing within 48 hours of receipt. Customers may return goods within 7 working days of purchase subject to the goods being unused and unopened. After the passing of these 7 days, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. There is no charge for returns done within the 7 working days for end-users. Once payment or purchase order has been received for the order, there is a restocking fee of €15 or 10% of item to be cancelled or returned whichever is higher. When seeking to return all or part of an order, the customer must fill out in detail, and in good faith, the returns form, return it to Climb8, and once a valid RMA number is issued, then the customer can return the item. Goods returned without a valid RMA number will be left in our warehouse for collection and subsequently disposed of after 30 days if not collected. Climb8 claims no responsibility for returned goods without a valid RMA number. Climb8 endeavors to investigate all returns within a reasonable time but will not be held responsible for delays such as, but not limited to, those outlined in section 13 below. While we will endeavor to accommodate all returns, this may not be possible, subject to constraints, such as, but not limited to time constraints, imposed by suppliers, manufacturers, or any other third party. We will not be held responsible for returns that we can not process, but we will always endeavor to accommodate returns where possible.

9. Services: Services will be provided by Climb8, or a nominated Service Provider.

10. Customer Obligations: The customer is responsible for all telephone and postal charges contacting Climb8, and your own choice of product and its suitability for purpose. [All products are fit for purposes described, but it is the customer's obligation to ensure compatibility between items]. Reasonable courtesy, cooperation, and information must be provided to Climb8 at all times, and failure to do so may result in Climb8's refusal to take and/or complete an order, inquiry or quote. In respect of section 5 above, you the customer warrant that all information supplied by you to us in respect of credit applications is correct and complete, and any charges incurred by you will be honored by your credit card company.

11. Termination: The agreement for sale or supply may be terminated by Climb8 if the customer fails to pay on time, breaches the agreement, or suspects the customer has breached export controls, which are governed by EU and US export control laws, as well as Irish legislation.

11.1. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement.

12. Force Majeure: In the event of circumstances beyond Climb8's control, we are not liable for delays in performance and completion. Climb8 will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after one month or any time thereafter.

13. Consequential Loss: The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.

14. Disputes: Disputes arising between Climb8 and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law.

15. Alterations: Climb8 reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.

16. Jurisdiction: Irish legislation and the jurisdiction of the Irish courts apply to this agreement.

17. Agreement: By ordering from Climb8, you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.

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