TERMS AND CONDITIONS

BY USING THE SITE, YOU ARE EXPRESSLY AGREEING TO THESE WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE WEBSITE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THIS WEBSITE.

DEFINITIONS

• “Contract” means any agreement between the Company (Ice Queen) and the customer for the sale and purchase of the products, incorporating these Conditions; “Goods” suggests that any product in agreement in the Contract to be provided to the customer by the company.
• You – means the customer who is contracted with us.
• Us, We or Our means Ice-queen.co.za, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
• Order/Booking – an order/booking placed on the site between the customer and us.

Description

All material and specifications together with weights and dimensions issued by the company and any descriptions or illustrations contained in the Company’s catalogs, brochures and website are issued or printed for the main purpose of providing a rough idea of the goods described in them. They are not going to form a part of this Contract.

Deliveries & Non-Deliveries

• Unless otherwise agreed in writing Ice Queen can organize delivery of the products to the Buyer’s premises or event location.
• Orders are subject to a minimum amount depending on location. These minimums are agreed by the company with the customer before acceptance of the order.
• Any time decided by the company for delivery of the products are meant to be an estimate and not be made of the essence by notice.
• Subject to other provisions of these Conditions the company won’t be responsible for any loss (including loss of profit), charges, damages, costs or expenses caused indirectly or directly by any delay in the delivery of the products.
• The company can deliver to the Buyer’s premises or event location. The delivery driver has the right and may refuse to deliver the order to the premises or event location if it’s not safe.
• If a delivery amount has been specified in the agreement it shall commence on the date which the company acknowledges or accepts the Buyer’s order, or (if later) once the company receives any more info from the client, that shall be supplied promptly, which may be necessary for the contract to be proceeded with. The delivery date or amount specified in the contract shall not be binding on the company, and though the company can use its best endeavors to deliver within such periods, it shall not be responsible in any manner for failure to try and do so.
• The customer can indemnify the company against any claims, liabilities or prices that the company might suffer by reason of injury to person or property of staffs of the company or any other person occurring while they’re t the event location or on the customer’s premises unless such injury is as a result of the company’s fault or negligence.
• If the customer needs the company to provide proof of proof of delivery, the customer should request this within thirty days of the Invoice Date otherwise the customer should accept that the products were delivered to the Buyer’s premises.
• The quantity and worth of the products as recorded by the company upon any signed delivery notes shall be conclusive proof of the quantity received by the Customer on delivery unless the customer will offer conclusive evidence proving the contrary.
• The company shall not be responsible for any non-delivery of products (even if arises as a result of company’s negligence) as unforeseen circumstances will cause the delivery to be either early or late. In an event such happens, the company will notify the customer of the changes in schedule.
• Any liability for non-delivery of the products shall be restricted to substituting the products within an estimated time or issue a credit note at the pro-rata Contract rate against any invoice raised for such merchandise.

Risk / Title

• The products delivered are at the risk of the customer from the time of delivery.
• Possession of the products shall not pass to the customer till the company has received fully all sums attributable to it in respect of:
  • the Goods; and all other sums that are or that become attributable to the company from the customer on any account.
• The customer’s right to claiming ownership of the products shall terminate at once if:
  • The customer has not paid fully for the products and has a bankruptcy order created against him or makes a rendezvous or composition together with his creditors, or otherwise takes the advantage of any Act for the time being in effect for the relief of insolvent debtors, or convenes a gathering of creditors or enters into liquidation except a solvent voluntary liquidation for the aim solely of reconstruction or merger, or includes a receiver and/or manager, administrator or administrative receiver appointed of its enterprise or any part thence, or a resolution is passed or a petition conferred to any court for the winding-up of the customer or any proceedings are commenced with reference to the financial condition or attainable economic condition of the Buyer; or
  • The customer suffers or permits any execution, whether or not legal or just, obtained against it or to be levied on its property or fails to observe/perform any of its obligations under the Contract or the other contract between the company and therefore the customer, or cannot afford to pay its debts within the meaning of the financial condition or the Customer ceases to trade; or
  • The Customer encumbers or in any method charges any of the products.
  • The company is accountable for recovering payment for the products notwithstanding the possession of any of the products that have not passed from the company.
  • The customer can grant the company, its agents, and staff a license to enter any premises wherever the products are or are also hold on to examine them, or, wherever the customer’s right to possession of the products has terminated, to recover them once an arrangement has been agreed in advance.
  • If all the same the preceding the customer is in default of payment of any a part of the purchase worth shall before the complete of the purchase worth has been paid have a receiving order created against the customer or being an organization get into liquidation or have receiver appointed, then the company might while not prejudice to the other rights or remedies on the market to it be entitled to recover possession of the products and sell the same retentive all monies received on account of the purchase worth and therefore the accounting to the customer for balance if any.

Prices

• Prices charged are those in agreement between the company and the customer as stated on any order confirmation, via message in email/whatsapp or verbally by phone.

Payments

• Payments are COD(cash on delivery) or via Electronic payment (EFT).

Liability

• The company warrants that the products shall be of satisfactory quality and suited for the purpose. The company doesn’t exclude or limit its liability for breach of this warrantee.
• The company doesn’t settle for any liability for business losses like loss of revenue, contracts, business, anticipated savings or profits, whether or not or not such losses are direct or indirect and whether or not or not the company has been advised by the customer of the likelihood of such potential risk.

Matters outside the Company’s  reasonable control

• The Company shall not be responsible for the customer if the performance of any of its obligations is prevented by any matter outside the Company’s management. Such matters, however, aren’t limited to, fire, flood, lightning, extreme climatic conditions, actions of local or national government, war, acts an act of terrorism or destruction, power outages.

Returns

• The company doesn’t permit the product to be returned for exchange or refund unless they’re shown to be unsatisfactory or not proper for the purpose of delivery. If the company delivers the wrong product, the customer has the right to request that product to be changed at the Company’s earliest chance and expense.
• The company won’t collect or hold on account any excess product on behalf of the customer for any reason.

General

• Each remedy of the Company under the agreement is without prejudice to any other right of the Company; under the agreement or not.
• If any provision of the agreement is found to be unenforceable, it shall to the extent of such unenforceability be deemed separable, while the remaining provisions of the Contract shall continue in full force and effect.
• Any waiver by the company of any provision of the Contract by the Customer won’t be deemed a waiver of any consequent breach or default.
• This Contract shall be ruled by law subject to the exclusive jurisdiction of the courts.
• The company might transfer data regarding the customer to the Company’s bankers for purposes of getting credit insurance, for credit reference purposes, credit management, or protecting the Company’s interests.
• The company can offer the customer with details of the Company’s bankers on authorized request.
• As an environmentally responsible Company, we expect that the customer to get rid of any waste related to our product by best practice and if the customer is unable to achieve such then for the customer to contact the Company.

Disclaimer

• THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT ICE QUEEN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES. FURTHER, WE DO NOT, IN ANYWAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

  THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE, TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

  NOTWITHSTANDING ANY CLAIM THAT AN EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR WILL FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE RESTRICTED TO HAVING, UPON WRITTEN NOTICE FROM YOU TO US, DECIDE TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT ISN’T REASONABLY COMMERCIALLY PRACTICABLE FOR, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO FOR THE PRODUCTS OR SERVICES CONCERNED AND TO DISCONTINUE AND TERMINATION YOUR USE OF THE WEBSITE.

  WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, UNIQUE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

• YOU AGREE AND UNDERSTAND THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE AND ANY OF THEIR VARIOUS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE SUPPLIERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE CHARGEABLE FOR ANY LOSS OR HARM OF ANY KIND, DIRECT OR INDIRECT, CONCERNING THE WEBSITE OR THIS AGREEMENT, INCLUDING, HOWEVER NOT RESTRICTED TO, COMPENSATORY, SIGNIFICANT , INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR INDEMNIFICATION, BUT ARISING OR CAUSED, WHETHER PREDICTABLE OR NOT, IN SPITE OF THE SHAPE OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF SUGGESTED OF THE CHANCE OF DAMAGES.

Safety

• Any and all products purchased from Ice-Queen:
  • Must be used by the safety guidelines.
  • Must be stored by the safety guidelines.
  • Must not be used in a way that could result in physical harm to a person, persons, animals or livestock.

Weights

• All metric weights indicate net weight when packed and exclude the weight of packaging.
• All instrumentations provided for transportation of solid ice remains the property of Ice Queen and are subject to an in agreement container rental charge.
• The customer shall be responsible for loss or harm to the containers while they’re in its custody. Lost or broken containers are invoiced to the customer, at the total or repair cost, whichever is the lower.

Force Majeure

• Neither party shall be accountable for any loss, harm or injury occasioned to the opposite party by default in the performance of any obligation under these Conditions of Sale if the default is caused by any incidence whatsoever that isn’t within the management of the defaulting party including however not restricted to industrial action, accident, power outage, breakdown of plant or machinery, order of any government authority, whether or not at port, local, national or AF level and subject to shortage of supplies needed for or in associated with the manufacture of the product. The defaulting party can provide the customer with a written notice of the incidence at the earliest opportunity. Refusal by a customer to simply accept delivery does not itself represent force majeure unless notification is received before the date for delivery of any incidence that in it shall be construed as force majeure.
• If the corporate is delayed from delivering the contract amount at the due time or times, the corporate could on giving the client at the earliest chance written notice of the actual fact, withhold, suspend or scale back deliveries to such extent because the Company in its discretion thinks work. the corporate shall use its best endeavour to get equivalent provides to form smart shortages caused by such prevalence.
• Wherever tragedy has been declared by the company the customer could cancel the contract or the balance outstanding while not giving any liability to the company when first giving written notice to the company at the earliest chance.

Last updated: (7 January 2021)