EFCO ONLINE TERMS & CONDITIONS

1.1EFCO Online is EFCO’s exclusive platform for Customers to rent and/or purchase Products from EFCO. EFCO Online provides Customer access to Product information, pricing, shipping information, return information, equipment lists, and account information.

1.2These EGTC shall apply to EFCO Online, as well as all subdomains and websites belonging to this domain and/or EFCO. These EGTC shall apply to all transactions handled via EFCO Online for the purpose of purchasing or renting new and used materials and Products including, but not limited to, formwork accessories, wall and slab formwork and system components, by commercial Customers.

1.3These EGTC, or the EGTC as amended by EFCO from time to time or those EGTC in effect at the time of entry into this Agreement or placing of any Order, shall apply to any future transactions between the Customer and EFCO through EFCO Online, even if no further reference is made to these EGTC when such future Contracts are entered.

1.4EFCO’s Cookie Policy provides information about the cookies on EFCO Online. Please refer to this Policy when using EFCO Online.

1.5EFCO reserves the right to amend these EGTC at any time without prior notice. Continued use of EFCO Online shall be deemed as consent to the amendment of the EGTC. If EFCO revises these EGTC as they apply to Customer’s order, EFCO will contact the Customer and give reasonable advance notice of the changes and let the Customer know how to cancel the Contract if the Customer does not accept the changes. In the event of an amendment to the EGTC, Customers shall have the option to cancel their entire order OR elect to cancel any Products that Customer has not received at the time of the amendment. If Customer opts to cancel, Customer will have to return (at Customer’s cost) any relevant Products already received and EFCO will arrange a full refund of the price paid, including any delivery charges.

1.6EFCO reserves the right to update and change EFCO Online at any time. EFCO does not guarantee that EFCO Online, or any included content, will always be available or accessible. EFCO may suspend, withdraw, or restrict the availability of all or any part of EFCO Online at any time for any reason. Customer is responsible for ensuring that all persons who access EFCO Online through the Customer’s internet connection are aware of these EGTC and other applicable terms and conditions, and that they comply with the same.

1.7EFCO Online may contain links to other sites and resources provided by third parties. These links are provided for information only and should not be interpreted as approval by EFCO nor any information that may be obtained from them. EFCO has no control over the contents of any site or resource that is not an EFCO site.

2.1All Customers must register by entering the mandatory items of information. The data supplied by Customers must be accurate, complete, truthful and in compliance with legal provisions.

2.2Following initial registration, each Customer is assigned a username and password (“Credentials”) for subsequent use when accessing EFCO Online. By utilizing Customer Credentials, all users confirm that they have authority to bind any business on whose behalf they use EFCO Online to purchase Products. Customer will be liable for any unauthorized use or violation of the EGTC by any of its employees, agents, contractors, and representatives.

2.3EFCO reserves the right to disable and/or terminate Customer Credentials and access to EFCO Online at any time for any reason, without advance notice to Customer, if, in EFCO’s reasonable opinion, that Customer has failed to comply with any of the provisions of these EGTC.

2.4Customer shall be obliged to keep their Credentials secret and protect them against unauthorized access by third parties. Customers shall notify any misuse or unauthorized use of their Credentials to EFCO, in writing, immediately. Until such notification, any access operation and/or any action or use of services related to such access operation shall be attributed to the Customer in question.

2.5EFCO shall have the right to verify, at any time, the identity of the user accessing the site and may also request adequate proof of authorized access (i.e., business license, power of attorney, and commercial or state registration).

2.6If Customer fails to access and/or otherwise utilize EFCO Online for a period of one year or more, the Customer’s account shall be removed. In this event, Customer will be required to re-register as a new user.

3.1Elements of https://efcoonline.force.com/ and of any and all subdomains and websites belonging to this domain — such as text, pictures, photographs, and graphics — are protected under copyright, intellectual and industrial property rights. Such elements must not be copied, edited, or used in any other way.

3.2Customer may print one copy, and may download extracts, of any page(s) from EFCO Online for their personal use and may draw the attention of others within the Customer’s organization to content posted on EFCO Online. Customers must not copy or modify the paper or digital copies of any materials printed or downloaded from EFCO Online in any way.

3.3Customer may not use any part of the content of EFCO Online for commercial purposes without obtaining a license to do so from EFCO or EFCO’s licensors.

4.1EFCO values your privacy very highly. Please read our Privacy Policy carefully before using EFCO Online (operated by EFCO Corp, a Sole Proprietorship formed in Iowa, United States), as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

4.2While EFCO takes reasonable steps to safeguard and to prevent unauthorized access to your personal information and financial information, EFCO cannot be responsible for the acts of those who gain unauthorized access, and EFCO makes no warranty, express, implied, or otherwise, that it will prevent unauthorized access to your private information. IN NO EVENT SHALL EFCO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER EFCO WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, to the extent permitted by law.

5.1The images of the Products on EFCO Online are for illustrative purposes only. Although every effort has been made to display the colors accurately, EFCO cannot guarantee that the Customer’s computer displays the colors accurately or reflects the actual color of the Products. The Products may vary slightly from those images and the packaging of the Products may vary from that shown on images on EFCO Online.

5.2Any Customer order made in-person, via phone, or via e-mail to EFCO may be placed by EFCO through EFCO Online on Customer’s behalf.

5.3The order shall be deemed to be accepted by EFCO when its authorized representative issues a written acceptance of the order, at which point the Agreement between EFCO and the Customer for the lease and purchase of the Products in accordance with these EGTC (“Contract”) will come into existence. Should EFCO fail to supply an express declaration of acceptance, the Contract shall become effective when EFCO accepts the Customer’s order by making the Products ready for collection or by delivering the Products. Any quote for Products given by EFCO shall not constitute an offer and shall not be capable of acceptance. All quotes provided by EFCO shall be non-binding unless explicitly designated otherwise.

5.4Customers shall ensure that the terms of any order submitted to EFCO are accurate. It is the Customer’s responsibility to check the accuracy of any agreed specification or any information in relation to the Products. The Customer must give advance notice to EFCO if there is any correction to be made or if there is further information EFCO requires to perform the Contract. Any losses or expenses EFCO may incur as a result of the Customer’s failure to comply with this condition shall be payable by the Customer.

5.5The quantity, description and/or specification of the Products shall be set out in the Customer order.

5.6EFCO reserves the right to amend the specification of the Products in order to comply with any statutory or regulatory requirements in any jurisdiction in which EFCO Products and Services are supplied.

5.7When ordering Products, Customers shall, in addition to selecting the Products, also specify the type of delivery or collection, the preferred delivery date or collection date, and the preferred type of payment. If the Customer requests delivery, EFCO shall deliver the Products to the address provided in the order submitted by the Customer. If no address is provided, the Customer shall have to create a new order including an address.

5.8If EFCO is unable to supply a Product either because EFCO cannot meet the Customer’s requested delivery date, or because of an error in the price on EFCO Online, EFCO will inform the Customer by e-mail and will not process the Customer’s order. If the Customer has already paid for the Products, EFCO will refund the full amount including any delivery costs within 14 business days of EFCO’s e-mail notice to Customer.

5.9EFCO may, at any time and for any reason, refuse to enter into a Contract with a Customer.

6.1Invoices shall be issued to Customer at the billing address specified by the Customer. Invoices shall be made available to Customer online and can be viewed online as well as downloaded. Invoices shall be deemed to have been served as soon as they can be accessed by the Customer under ordinary circumstances (e.g., e-mail receipt). Should Customer wish to receive invoices on paper, EFCO reserves the right to charge a fee for issuing a paper invoice. Where invoices are sent out via e-mail, Customer shall be sent such e-mails to the e-mail address provided by Customer.

6.2If the Products are delivered by EFCO, payment shall be made according to the payment terms stated on Customer’s EOAMA. Payment upon receipt of invoice shall require the prior written approval of EFCO. EFCO may, at its own discretion, insist on payment by credit card. In the case of payment by credit card, all the relevant credit card information must be supplied by the Customer when submitting an order. It shall be the responsibility of the Customer to ensure that the credit card is active and available for use; any delay in payment for such cause shall be attributable to the Customer, and the Customer may be liable to pay default interest in accordance with the provisions of section 6.1 herein. If payment is made by credit card, delivery shall be made only after the purchase price for the Products has been received by EFCO.

6.3If a Customer has more than one order with EFCO, and the Customer is making payments under those orders, EFCO may allocate those payments against any of those orders at its discretion.

6.4EFCO accepts credit card payments for your convenience. However, a surcharge of up to the maximum amount permitted by law will be applied to the total invoice amount when paying by credit card. This surcharge is non-refundable and is intended to cover credit card processing fees. By choosing to pay via credit card, the Customer acknowledges and agrees to the application of this surcharge, which will be reflected in the final payment total.

7.1If the Customer fails to make payment due to EFCO under the Contract by the due date for payment, EFCO may charge the Customer interest on any unpaid sums at the rate stated on Customer’s EOAMA. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount is received by EFCO.

7.2Furthermore, Customers shall reimburse to EFCO any and all reasonable costs incurred in recovering receivables and asserting rights, including, without limitation, any debt collection, court and legal fees.

7.3EFCO shall be under no obligation to deliver or make available for collection any further Products for as long as Customers are in default of any Contract with EFCO.

7.4In the event of Customer default, EFCO may elect to pursue any available remedies provided for herein or in EOAMA that are available at law.

8.1All prices in EFCO Online are quoted exclusive of freight, state and/or local sales taxes. Such taxes will be billed separately in accordance with state sales tax regulations. Freight and Taxes, if applicable, will be added upon invoicing.

8.2The price of a Product may vary depending on the chosen delivery address, and the resultant amount shall be communicated to the Customer accordingly.

8.3Prices for delivery and transport depend on the place and type of delivery method chosen.

8.4EFCO reserves the right to increase the price of the Products when the Customer does any of the following: changes the delivery dates, quantities or types of the Products required; changes the agreed specifications; or the Customer’s instructions or failure to give EFCO adequate instructions or information causes EFCO delay.

8.5EFCO Online contains a large number of Products. It is always possible that, despite EFCO’s reasonable efforts, some of the Products on EFCO Online may be incorrectly priced. If EFCO discovers an error in the price of the Products the Customer has ordered, EFCO will contact the Customer to inform it of this error and will give the Customer the option of continuing to purchase the Product at the correct price or cancelling its order. EFCO will not process the Customer’s order until it has the Customer’s instructions. If EFCO is unable to contact the Customer using the contact details provided during the order process within twenty-four (24) hours, EFCO will treat the order as cancelled and notify the Customer in writing. If EFCO mistakenly accepts and processes the Customer’s order where a pricing error is obvious and unmistakable and could reasonably have been recognized by the Customer as a mispricing, EFCO may cancel supply of the Product and refund the Customer any sums paid.

9.1All notices required as a part of the Contract shall be in writing to the mailing addresses below and shall be deemed delivered effective upon receipt by the addressee. E-mail and EFCO Online Customer Support Ticket (“Support Ticket”) shall both be deemed to meet the written form requirement. E-mails should be sent to [email protected]. E-mail is deemed to be received 2 hours after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered. A Support Ticket is deemed received 2 hours after the time it was submitted.

10.1EFCO does not warrant continuous availability of EFCO Online and draws attention to the fact that EFCO Online services may be restricted or temporarily suspended for necessary reasons (such as maintenance, security, capacity or improvement reasons).

11.1Purchases made on EFCO Online give rise to the usual costs of Internet use.

11.2Any oral agreements, promises and advisements made by EFCO employees will not be valid without a written confirmation by EFCO.

11.3There are no oral side agreements. Any amendments or additions to these EGTC or the Contract entered into through EFCO Online need to be communicated in writing to [email protected] to be valid.

12.1Terms and Conditions clauses 1.1 through 11.3 above may be modified or replaced based on the Country of service. It is the user’s responsibility to review the following pages of this document for clause modifications and general information specific to Customer’s location.