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Order Terms Of Sale

 

1. Application of Order Terms of Sale

The version of these Order Terms of Sale (these "Order Terms") posted on the date Expro Limited. accepts an order from "you" for any related products or services.These Order Terms are applicable only to transactions made on this Site; This Site supports only transactions providing for Item shipments to a delivery address in the Republic of Ireland, While Expro Limited does not sell Items to minors, Expro Limited will sell Items to a minor's guardian or parent using such person's credit card for payment. Therefore, if you are under 18, you may use this Site for placing Item orders only with the involvement and consent of a parent or guardian. However, please note that this Site is not directed toward and does not seek to collect any information from or engage in any transactions with persons under the age of 13. These Order Terms shall apply unless you have signed a separate, written purchase agreement with Expro Limited.

 

Expro Limited reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. Expro Limited also may change or modify these Order Terms from time to time, with or without notice, with such revised terms applicable from the date posted. You should recheck the effective date of the Order Terms posted on this Site prior to each transaction you make on this Site to determine if you have reviewed the version applicable to your transaction, including without limitation, Items ordered that were previously saved in this Site's shopping cart mechanism. Expro Limited has posted above the effective date of this version of these Order Terms for your reference.

BY PLACING AN ORDER FOR ITEMS ON THIS SITE, OR BY ACCEPTING DELIVERY OF SUCH ITEMS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE ITEMS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE ORDER TERMS. IF YOU DO NOT AGREE TO THESE ORDER TERMS, DO NOT PLACE ANY ITEM ORDERS ON THIS SITE. THESE ORDER TERMS INCORPORATE BY REFERENCE AND INCLUDE THIS SITE'S "Site Terms" AND "Privacy Policy". Please review this Site's Site Terms and Privacy Policy to confirm your agreement with such terms.

IF YOU DO NOT AGREE TO THIS SITE'S SITE TERMS AND PRIVACY POLICY, DO NOT PLACE ANY ITEM ORDERS ON THIS SITE.


2. Price Quotes and Pricing

Any price quotations provided by Expro Limited on this Site shall be valid for the period stated on the Site or in the quotation. If no time period is stated, then the price charged for an order will be the price in effect the day Expro Limited accepts the order.


3. Order Processing and Orders

Barring problems contacting credit bureaus and financial institutions, orders are typically processed the same day as entered. By placing an Item order through this Site, you represent and agree that you are buying the Items solely for your own use, and not for resale. Expro Limited has separate terms, conditions and procedures governing proposed resale arrangements and business-to-business transactions. Orders placed on this Site are not binding until accepted by Expro Limited, via e-mail order confirmation or otherwise in writing. Orders for Items purchased online subject to Expro Limited’s prior review and approval of your credit card.

 

4. Payment Terms

Terms of payment shall be determined at Expro Limited's sole discretion. Payment for Items shall be made by credit card. Credit card payments are subject to the approval of the financial institution issuing your credit card, and Expro Limited shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason.


5. Prices, Shipping and Handling Charges, and Taxes

Item prices shall be identified on the on-line order form at the time of your order placement (prices of Items saved in the shopping cart mechanism will be updated when you place your order if any price changes are applicable). Expro Limited may change Item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes. Separate charges for shipping and handling will be shown on the invoice. The on-line order form provides an actual charge of applicable shipping, handling and tax charges.


6. License to Software

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING SOFTWARE/APPLICATIONS OR DIGITAL CONTENT, EXCEPT AS MAY BE EXPRESSLY PROVIDED OR PERMITTED IN THESE SITE TERMS AND/OR THE APPLICABLE EULA, IS EXPRESSLY PROHIBITED.


7. Return / Refund Policies

A. Products and Tangible Software/Applications:
Products and tangible copies of Software/Applications that are purchased from this Site and delivered to you may be returned in accordance with the applicable Expro Limited return and/or refund policy accompanying the delivered Items Expro Limited will only process returns and/or refunds for Products purchased from this Site. If you purchased Stylelites brand merchandise, digital content, software or applications in some other distribution channel, such as from another web site, a retail store or catalogue, please follow the applicable vendor's product return policy.


The return/refund terms contained in this Section 7A shall apply to Products and tangible copies of Software/Applications purchased on this Site. Included in the shipping package will be return instructions for your convenience that are consistent with these Order Terms. Please follow these procedures and requirements, and make sure to include the Delivery note with your returned Product to assist Expro Limited to ensure that the purchase amount is credited to your credit card. Return postage is non-refundable. Expro Limited will not accept COD returns.


You may return Products and tangible copies of Software/Applications to Expro Limited for a refund on the following terms and conditions: returns due to a fault are accepted by Expro Limited within 30 days after your receipt of the applicable Product or tangible copy of Software/Application purchased. At all times Expro Limited retains the right to test any returns and reject a return application if the product is deemed to have a fault due to customer damage or a non warranty fault. To return Products and tangible copies of Software/Applications you purchased from this Site, please do the following:

a) Detach the invoice included in the original shipping materials and retain it for your records.

b) On the delivery note included, please indicate the fault and a contact telephone number.

c) Securely pack the returned the items, plus the delivery note, in the original packaging. Seal securely.


8. Limited Warranty

A limited warranty statement, if any warranty is offered for Products and Software/Applications, will be included in such Item's packaging when shipped. If no warranty statement is posted on this Site for an Item, then the same are sold as "AS IS", without Such limited warranty statement, if any, shall constitute Expro Limited's sole warranty for such Product or Software/Application purchased on this Site. Expro Limited reserves the right to modify the terms of its limited warranty statements at any time, in its sole discretion, applicable to future sales of such Products or Software/Applications from and after the implementation of the modified limited warranty statement.


9. Item Availability, Delivery Dates, Title and Risk of Loss

Expro Limited does not guaranty the availability, for sale or otherwise, of any Items depicted on this Site. Item availability may be limited, and Items may not be available for immediate shipment at the time an order is placed. Expro Limited may restrict or limit quantities. Expro Limited may make partial shipments and back order remaining quantities for future shipment. Delivery and shipping dates stated on this Site are best estimates only and Expro Limited shall not be liable for any loss, damage, cost or expense for failure to deliver in accordance with any specified shipping or delivery dates. If damage occurs to the Item during shipping or delivery to you, please contact us within 1 day of receipt of goods.
Expro Limited’s policy is one of on-going product development. Expro Limited reserves the right, without liability or prior notice, to revise, discontinue or cease to make available certain Items or to cancel any order. Expro Limited may ship Items that have the functionality and performance of the Items ordered, but changes between what is shipped and what is described in the on-line specification or catalogue pages are possible.

Expro Limited Products: Please be advised that due to the capabilities of your software, computer or monitor, the colours you see on a cover, as they appear on your computer monitor, may differ slightly from the actual printed colours when your cover is manufactured and delivered. Therefore, please make sure that this potential for slight colour variation will be acceptable to you before submitting your order to purchase such Products.

 

10. Force Majeure

Expro Limited shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Order Terms caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Order Terms, or any other cause beyond the control of Expro Limited.


11. Exclusion and Limitation of Liability

FOR ANY BREACH OF THESE ORDER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE ITEMS OR OTHER CLAIMS SHALL BE, AT Expro Limited'S OPTION, REPAIR OR REPLACEMENT OF THE APPLICABLE ITEM, OR REFUND OR CREDIT OF THE PURCHASE PRICE OF THE ITEM , PROVIDED THAT IN NO EVENT SHALL Expro Limited’S MAXIMUM LIABILITY EXCEED THE TOTAL PRICE OF THE ITEM ORDERED BY YOU. IN NO EVENT SHALL Expro Limited BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR ANY BREACH OF THESE ORDER TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, EVEN IF Expro Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OR OTHERS CONTAINED IN THESE ORDER TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

12. Governing Law and Arbitration of Disputes

All matters relating to this agreement shall be governed by Irish Law. Any and all claims, except claims for monies due to Expro Limited, arising out of or relating to the purchase of an Item by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or Expro Limited knew or should have known of the facts giving rise to such claim. Any dispute relating in any way to your visit to this Site, or your Item order or purchase of Item from this Site, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and Expro Limited) to final, binding and confidential arbitration in accordance with the rules of the International Chamber of Commerce, in Dublin Ireland except that, to the extent you have in any manner violated or threatened to violate any Expro Limited or Expro Limited affiliates' or licensors' intellectual property rights, Expro Limited may seek injunctive or other appropriate relief in any court in The Republic of Ireland or, at Expro Limited's option, any other appropriate state or country, and you hereby consent to exclusive jurisdiction and venue of such court. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under these Order Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Expro Limited.

 

13. Headings

The headings of each of these Order Terms are for convenience of reference only and shall not form part of these Order Terms. Such headings shall be ignored in the interpretation or construction of any of these Order Terms.

 

14. Invalidity of Provisions

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

15. Waiver

Expro Limited's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of Expro Limited's rights hereunder, shall not constitute a waiver of any of Expro Limited's rights or remedies under this Agreement.

 

16. Entire Agreement

These Order Terms, this Site's Site Terms, this Site's Privacy Policy and the Item limited warranty statements applicable to Items ordered from this Site, effective as of the date Expro Limited accepts your Item order, all of which are incorporated into and made apart of these Order Terms by this reference, constitute Expro Limited's and your complete and final statement of the parties' agreements and understandings relating to the subject matter of this Agreement, and supersedes any related prior agreements, understandings and discussions, oral or written.