Terms & Condition
|The above results are for breweries/breweries/Distilleries research use only, the results can not be used any regulatory body, health service or revenue.|
|All result are private and confidential between the client and the brewery|
|The above results are for research use only. The analysis is based upon testing a small sample which is meant to be representative of the total batch.|
|Terms Of the services Agreement|
|1.00 - Definitions|
|This Terms of Service Agreement(the “Agreement”) is an agreement between you (the “Purchasing Party”) and The Wicklow Hop Company ("The Wicklow Hops Company", "we", or "us"). This agreement pertains to any and all items included in this purchase ("WHC Product(s)", "Product(s)") and any and all goods and services produced/manufactured using any and all items included in this purchase ("Goods").|
|2.00 - Agreeing to the terms of services|
|THE PURCHASING PARTY AGREES TO THE TERMS OF SERVICE AT THE TIME OF ADDING ITEMS TO THE ORDER, AND SUBMISSION OF AN ORDER BY THE PURCHASING PARTY TO WHC FOR PRODUCT(S) OR SERVICES INDICATES ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT BY THE PURCHASING PARTY.|
|3.00 - Confidentiality|
|3.1 Both parties shall use reasonable endeavours to keep confidential for a period of five (5) years from the acceptance date of the supply of Goods and/or Services any confidential information (oral or written) provided or disclosed by or on behalf of the other. This clause shall not apply to any information which at the time of disclosure is (or subsequently becomes) published or generally available to the public (other than as a breach of the receiving party’s obligation under this clause), which at the time of disclosure was already in the possession of the receiving party (other than under an obligation to the disclosing party), which subsequently legally comes into their possession from another source, which was independently developed, or which is required to be disclosed in order to comply with a legal requirement.|
|4.00 - Orders and Quotations|
|4.1 Our offers and official lists are not binding. All offers shall be valid for the term mentioned in the offer. If no term is mentioned the offer will hold for 30 days. Offers can be prolonged by us by written notice to the other party in which the prolongation term must be mentioned|
|4.2 Values in our specifications, measurements and weights mentioned in our price lists, brochures and offers are not binding. Unless otherwise stated we do not guarantee the final use of the product. Whether or not the delivered product is suitable for a particular use falls under the other party’s responsibility. We cannot be held liable for faults in specifications and analyses, measurements or weights stated in offers and/or order confirmations and we shall not be liable for any damages whatsoever. As regards values in specifications of all goods we invoke our or our suppliers’ usual tolerances.|
|4.3 All documents provided by us as well as copies thereof, in particular specifications, material safety data sheets and analyses, as well as the right to use such documents, remain our unalienable property and shall be returned to us on first demand whereas such documents shall not be copied nor made available to third parties without our written consent.|
|4.4 The other party warrants us at all times that the use of data or other things supplied by the other party shall not put us in contravention of statutory regulations or protected rights of third parties. The other party shall indemnify us against all direct or indirect consequences of claims, which a third party could enforce against us on account of violation of the aforementioned warranty.|
|4.5 Orders shall be considered accepted when confirmed by us in writing or executed by us after receipt. In case of sale ex warehouse the invoice may replace the written confirmation.|
|5.00 - Terms of Product Use|
|By submitting an order, the Purchasing Party agrees to the following terms:|
|5.01) The Purchasing Party accepts all liability for WHC(s) upon receipt including, but not limited to, liability associated with the storage, handling and/or use of the Product(s).|
|5.02) The Purchasing Party accepts all liability associated with any and all Goods produced/manufactured using WHC Products including, but not limited to, liability associated with the storage, handling and/or use/consumption of Goods.|
|5.03) Specifically pertaining to the use/consumption of Goods, the Purchasing Party accepts all liability including, but not limited to, liability associated with bodily injury, sickness and/or death of individual(s) using/consuming Goods produced/manufactured with WHC Product(s).|
|5.04) The Purchasing Party accepts all financial liability associated with any and all Goods produced/manufactured with WHC Product(s) including, but not limited to, liability associated with the cost of the WHC Product(s), the wholesale or retail cost of Goods and/or the wholesale or retail cost of any and all other ingredients that were used in the production/manufacture of Goods.|
|5.05) The Purchasing Party will not purchase WHC Product(s) for the purpose, primary or otherwise, of resale of the Product(s) through a legal entity other than WHC.|
|5.06) The Purchasing Party will not purchase WHC Product(s) for a third party whose purpose, primary or otherwise, is the resale of the Product(s) through a legal entity other than WHC, unless WHC provides consent for such resale|
|6.00 - Shipping Policy|
|Delivery time for all commercial orders outside of Ireland will depend on the country and customs. Tracking information will be emailed upon shipping.|
|It is the responsibility of the Purchasing Party to understand and account for the environmental factors in the area of delivery|
|WHC accepts no liability for products subjected to non-ideal environmental conditions at any point after the package has been delivered by the courier|
|It is the responsibility of the Purchasing Party to ensure the package will be secured from theft upon delivery. If no one will be available to accept the product(s), it is the responsibility of the Purchasing Party to prevent potential theft or vandalism by using the tracking information provided to have the product(s) held for pickup or re-delivered on a day in which the Purchasing Party will be able to accept it. WHC accepts no liability for products that have been subjected to vandalism or theft after the package has been delivered by the courier.|
|7.01 The warranty for delivered goods shall be limited to the manufacturer’s warranty. We ourselves give no guarantee for goods sold and delivered by us. We shall meditate and assist whenever the other party invokes the manufacturer’s warranty provided of course that the other party has paid us the full purchase price.|
|8.00 - Health and Safety|
|8.01 The Customer shall ensure that all appropriate safety measures and legislation are observed when sending any Customer Materials to WHC and shall ensure that any hazardous material is clearly marked. Where the Customer knows or suspects that any substance or procedure it is providing, making available or requesting may give rise to a hazard, the Customer shall make WHC aware in writing of the nature of that hazard before arranging for the delivery to WHC (or collection by WHC) of the Customer Materials or before any WHC Personnel will be exposed to the hazard.
8.02 The Customer shall ensure that the Customer’s Personnel attending WHC premises in connection with the Goods and/or Services comply at all times with all health and safety measures, procedures and protocols in place on WHC premises and with such other directions regarding safe working as WHC may direct. WHC reserves the right at its absolute discretion to refuse to admit to or remove from its premises any of the Customer’s Personnel who in WHC’s opinion are unable to comply with T&C Layout.
|9.00 - Customer Materials|
|9.1 The Customer shall ensure that the Customer Materials are tested or inspected and are suitable for use by WHC in the supply of the Goods and/or Services. The Customer shall arrange at its own expense and risk the delivery of the Customer Materials to WHC. The Customer warrants that each item comprised in the Customer Materials is correctly identified, in good order and has not to the best of the Customer’s knowledge been tampered with, altered, added to or substituted in any way whatsoever.
9.2 Where applicable, the Customer may direct that WHC stores, destroys, or re-delivers to the Customer the Customer Materials (or such part remaining) after the supply of the Goods and/or Services has been completed, such storage, destruction or re-delivery to be at the Customer’s own cost. If no direction is received within three (3) months of completion of the supply of Goods and/or Services, the Customer shall be deemed to have abandoned the Customer Materials, and WHC shall be entitled to store, destroy or re-deliver such Customer Materials and to charge the Customer reasonable costs for the same at its discretion or to use such Customer Materials for WHC internal research purposes
|10.00 - Risk and Title|
|10.1 Risk in the Goods shall pass to the Customer on delivery of the same to it. However, title shall remain with WHC and shall not pass to the Customer until payment in full (in cash or cleared funds) has been received by WHC.
10.2 Until such time as title in the Goods has passed to the Customer:
a) WHC shall have absolute authority to re-take, sell or otherwise deal with any of the Goods which have not yet been used by the Customer; and
b) WHC shall be reasonably entitled to require the Customer to either: (i) return the Goods to WHC at the Customer’s own cost; or (ii) reimburse WHC for the cost of providing the Goods.
10.3 Responsibility and liability in respect of the safe storage and handling, use and subsequent disposal of Goods will transfer to the Customer on delivery, and the Customer shall ensure that all Goods are handled appropriately on and after delivery at all times by suitably qualified Personnel
|11.00 - Force Majeure|
|11.1 If WHC is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Goods and/or Services or if the supply of the Goods and/or Services is prevented or hindered by reason of any cause beyond WHC’s reasonable control (which shall include acts of God, governmental action, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, currency restrictions, strikes or other labour dispute, or restraints or delays affecting shipping or carriers), WHC may cancel the Agreement by notice in writing to the Customer so far as it relates to the Goods and/or Services not then supplied or work not then done and such cancellation shall not give rise to any claims by the Customer provided that the Customer shall remain liable to pay for the Goods and/or Services supplied prior to the date of such cancellation|
|12.00 - Claims & Liability|
|12.1 Submitted claims of whatsoever nature do not exempt the other party from his/ her obligation to pay. We only accept complaints that are submitted by registered letter within 30 days after delivery of the goods. Upon expiry of the aforementioned term the delivered goods are considered as irrevocably and unconditionally accepted by the other party. Possible legal actions must under penalty of cancellation be instituted latest one year after timely submission of a claim. The burden of proof that the complaint was timely submitted lies upon the other party. The other party can only prove the correctness on the basis of the goods. Furthermore the other party has to prove that the goods are those delivered by us and that they are in the condition in which they left our warehouse or the warehouses or works of third parties. We only accept goods returned to us on our request and of which a respective claim has been accepted by us. Goods shall be returned for risk and account of the other party. In the event of a claim, which has been substantiated by the other party and considered well founded by us we can at our option replace the spare parts or articles to which the complaint relates or credit the other party’s account accordingly, with the exclusion of any other right of the other party to claim damages.
12.2 Recommendations from us or on our behalf as regards quality, designs, measurements and the like shall be given to the best of our knowledge, but without accepting any liability whatsoever.
12.3 For chemicals the right to claim damages shall lapse six months after the chemicals are delivered. If the damage arises because of incorrect compounds of the chemicals and this could have been prevented when carrying out an entrance control, the other party has no right to claim compensation. The other party is required to carry out an entrance control when using chemicals. For liquid yeasts the right to claim damages shall lapse one months after the yeasts are delivered. If the damage arises because of incorrect compounds of the yeast and this could have been prevented when carrying out an entrance control, the other party has no right to claim compensation. The other party is required to carry out an entrance control when using yeast.
12.4 We accept no liability for consequential loss like lost sales, lost profit, missed advantages, interest for overdue payment, missed orders, stagnation losses and spent working hours.
12.5 In the event that we should be obliged to pay damages, such damages shall be limited to the compensation under our business liability insurance. Liability for damages not covered by our business liability insurance shall be excluded.
|13.00 - Non Alcohol yeast|
|Wicklow Hops Company Limited, Ballinree House, Prospect Upper, Newcastle, Co. Wicklow hereby disclaims any loss or injury that may occur by reason of the purchase and consumption of the within non-alcoholic unpasteurised yeast and the purchaser purchases the within product with full knowledge of same and accepts they have no cause of action against Wicklow Hops Company Limited for any loss or injury that might occur by reason of the consumption by any person or persons of the within product.|
|14.00 - Data Protection|
|14.1 WHC shall comply with the provisions of the most recent Data Protection where it acts as a data controller in the processing of personal data in supplying the Goods and/or Services. WHC shall take such security measures as are required to process personal data equivalent to those imposed on the Customer by the Seventh Principle of the DPA where WHC acts as a data processor, and shall process the data solely in accordance with the instructions of the relevant data controller. WHC may transfer personal data for processing to:
(a) other members of the WHC Group, and (b) third parties who assist in supplying the Goods and/or Services; and shall ensure that measures are taken to ensure the adequate protection of such data in accordance with recognised international standards. Subject to this clause 16 and save as required by law, WHC does not pass on personal details to any other third parties.
14.2 WHC may use the information provided by the Customer to contact the Customer and appropriate persons within its organisation (“Recipient”) about goods and services offered by WHC. A Recipient can contact the Sales Department at WHC at any time if it does not wish to receive (or wishes to amend or update) such information, and following receipt of such notification WHC shall suppress (or amend or update) the Recipient’s details as requested for the purposes of future marketing. A Recipient may obtain a copy of the personal information WHC holds in relation to it by writing to the WHC Data Protection Officer (“DPO”) and, upon payment of a fee, the DPO shall provide the Recipient with a copy of such personal information.