Terms and Conditions
Welcome to www.reeferservice.com!
These terms and conditions outline the rules and regulations for the use of QUALITY REEFER SERVICE INC’s Website, located at http://www.reeferservice.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.reeferservice.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Terms And Conditions Of Sale
These terms and conditions, the attendant quotation or acknowledgment, and all documents incorporated by reference therein, bind the Quality Reefer Service Inc and affiliate, which issued the quotation or acknowledgment for the sale of goods (“Goods”) to be provided hereunder (hereinafter “Seller”) and the buyer (hereinafter “Buyer”) and constitute the entire agreement (“Agreement”) between Buyer and Seller regarding such sale. By accepting the Goods, the Buyer agrees to these terms and conditions and further understands that Seller is only agreeing to provide the Goods at the price stated, based on the terms and conditions contained herein.
These terms and conditions supersede all previous terms and conditions, understandings, quotations, and purchase orders entered into between Seller and the Buyer, whether oral or written, and shall govern all transactions between the Buyer and Seller. Any contrary terms and conditions issued by Buyer in any form whatsoever are expressly rejected by Seller.
Terms of Payment
Subject to the approval of the Seller’s credit department, terms are Seller’s facility, net due upon notice of intent to ship. If any payment owed to Seller hereunder is not paid when due, it shall bear interest, at a rate to be determined by Seller which shall not exceed the maximum rate permitted by law, from the date of which it is due until it is paid. Seller shall have the right, among other remedies, either to terminate the Agreement or to suspend further deliveries under this and/or other agreements with Buyer in the event Buyer fails to make any payments hereunder when due. Buyer shall be liable for all expenses attendant to collection of past due amounts, including attorney’s fees.
Unless otherwise specified by Seller, Seller’s price for the Goods shall remain in effect for thirty (30) days after the date of Seller’s quotation or acceptance of the order for the Goods, whichever occurs first, provided an unconditional, complete authorization for the immediate manufacture and shipment of the Goods pursuant to Seller’s standard order processing procedures is received and accepted by Seller within such time period. If such authorization is not received by Seller within such thirty (30) day period, Seller shall have the right to change the price for the Goods to the Seller’s price in effect for the Goods at the time the order is released for final manufacture. Notwithstanding any of the forgoing to the contrary, the price for the Goods sold by the Seller, but manufactured by others, shall be Seller’s price in effect at the time of shipment to the Buyer.
Title And Risk Of Loss
Title to the Goods supplied hereunder, and to any and all accessories thereto and substitutions thereof, shall remain with Seller as a security interest until Buyer has completed payment of the purchase price, plus accrued interest, if any, and fully performed all of the terms and conditions hereof. The risk of loss or destruction of, or damages to, the Goods shall be with Buyer upon delivery of the Goods to Buyer, in accordance with the delivery terms of this Agreement.
Termination & Suspension By Buyer
Buyer may terminate or suspend its order for any or all of the Goods covered by the Agreement provided that Buyer gives Seller reasonable advance written notice of such termination or suspension. Buyer shall then pay to the Seller a net amount equal to (1) actual costs incurred by the Seller including, but not limited to, the purchase of materials, equipment, and services to be used in the Goods; plus (2) labor costs incurred by the Seller in manufacturing the Goods, to be determined using the Seller’s standard, fully burdened rates (which shall include general and administrative costs, but which shall not include any profit); plus (3) reasonable costs incurred by the Seller to cancel any orders for materials and equipment to be used in the Goods; plus (4) fifteen percent (18%) of the total of items (1) through (3) above to account for the Seller’s profit; minus (5) the net salvage value of any materials and equipment purchased by the Seller to be used in the Goods after subtracting the Seller’s reasonable costs to salvage such materials and equipment.
Seller warrants that Goods provided by Seller hereunder will be free from defect in material or workmanship under normal use and service for the period contained in any applicable manufacturer’s warranty. Seller further warrants that services provided by Seller hereunder will be performed in a workmanlike manner and that such services shall be free from defects in workmanship for a period of 30 days from the date on which the services were completed.
Seller agrees to repair or replace, at its option, any Goods which prove to be defective within the applicable warranty period, and to correct any defect in services discovered by Buyer within the applicable warranty period. Buyer shall promptly notify Seller in writing of any defect in the Goods found during the warranty period and Seller shall have the right to make an investigation of the reported defect before corrective action is undertaken. Seller shall have the option to repair, replace or correct any defect in the field or at its facilities. Buyer shall bear all costs incurred by Seller to enable it to gain access to a defect in the Goods in order to repair, replace or correct same. Seller’s warranty does not cover: (i) conditions which, in the reasonable judgment of the Seller, arise from misuse, overloading, negligence, alteration, accident or lack of performance of necessary maintenance services; (ii) claims which, in the reasonable judgment of the Seller, arise from Goods not provided by Seller; or (iii) claims for consequential damages, including, but not limited to, loss of use, loss of revenue or profit and loss of or damage to Buyer’s property. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation Of Remedy And Liability
Seller shall not be liable for damages caused by delay in performance. Buyer agrees that in no event shall Seller’s liability to Buyer and/or its customers extend to include incidental, consequential or punitive damages. The term “consequential damages” shall include but not be limited to, loss of anticipated profits, loss of use, loss of revenue and cost of capital. Seller shall not be responsible to service any Goods which are functioning within Seller’s published specification, and the limited warranty set forth herein shall not apply when any Goods are originally installed by someone other than an authorized representative of Seller, or if service is required due to Buyer’s failure to operate or maintain the Goods according to the operator’s manual or where services is required because the Goods are subjected to misuse, abuse or alteration, or are repaired by someone other than an authorized representative of Seller. Notwithstanding any other provision hereof to the contrary, Seller’s total, cumulative liability arising out of or related to the performance or non-performance of this Agreement shall be limited to the amount of the Agreement price stated herein, and Buyer shall hold harmless and indemnify Seller from and against all liability in excess of such limitation.
Buyer shall be responsible for receiving, storing, installing, starting up and maintaining all Goods. Seller shall provide a quotation for services to assist Buyer if these functions are requested.
Any tax or governmental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling, or delivering the Goods or of procuring material used therein, and any tax now in effect or increase in same payable by the Seller because of the manufacture, sale, or delivery of the Goods, may at Seller’s option, be added to the price herein specified.
Buyer Supply Data
To the extent that Seller has relied upon any specification, information, representation of operating conditions or other data supplied in writing by Buyer to Seller in the selection of design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer and relied upon by Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void, unless otherwise mutually agreed upon in writing.
The parties acknowledge that Seller has developed certain specialized technology, including, without limitation, designs, discoveries, inventions, software, products, procedures, drawings, notes, documents, information and materials (“Seller Technology”) that it is willing to use in connection with the design or manufacture of the Products or incorporate into the Products provided to Buyer hereunder. Seller owns all patents, copyrights, trademarks, trade secrets, know-how, inventions, and works of authorship constituting the Seller Technology which may be embodied in the Products and software and their methods of use, function and manufacture (collectively, “Seller Background Intellectual Property”). Further, the parties acknowledge that Seller may develop in connection with the performance of its responsibilities hereunder, or independent hereof, improvements related to the Products which may be the subject of patents, copyrights, trademarks, trade secrets, know-how, and works of authorship (“Seller Foreground Intellectual Property”, collectively “Seller Intellectual Property”). Seller shall have the right to apply for, obtain, enforce and hold in its own name all patents, trademark, copyright, and trade dress registrations, or any other similar legal protection for such Seller Background and Foreground Intellectual Property.
Unless otherwise stated, QUALITY REEFER SERVICE INC and/or its licensors own the intellectual property rights for all material on www.reeferservice.com. All intellectual property rights are reserved. You may access this from www.reeferservice.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.reeferservice.com
- Sell, rent or sub-license material from www.reeferservice.com
- Reproduce, duplicate or copy material from www.reeferservice.com
- Redistribute content from www.reeferservice.com
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. QUALITY REEFER SERVICE INC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of QUALITY REEFER SERVICE INC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, QUALITY REEFER SERVICE INC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
QUALITY REEFER SERVICE INC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant QUALITY REEFER SERVICE INC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of QUALITY REEFER SERVICE INC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to QUALITY REEFER SERVICE INC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of QUALITY REEFER SERVICE INC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.