Disclaimer of Consequential Damages

In no event shall Nikar, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not Nikar is advised of the possibility of such damages.

 

Product Description

Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Nikar does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied. The heights of plants quoted on this Site are not necessarily heights shown in the associated photographs on this Site.

 

Rental of Plants for Exhibitions

If plants and containers are removed from exhibition stands, they will be charged at replacement prices. Rental includes plant maintenance throughout the period of the Exhibition, delivery, installation and collection of plant(s) and container(s) at completion of the Exhibition.

 

Placing an Order with Nikar

Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Nikar for the sale by it to you of any product unless and until Nikar accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Nikar sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.

 

While every effort is made to ensure the availability of products and to fulfil all orders, Nikar cannot guarantee the availability of any product displayed on the Site. Nikar reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Nikar reserves the right to change or amend prices or promotional offers at any time without notice.

 

 

 

Price and Payment

 

Title to the goods will only pass when payment is received in full by Nikar.

 

Links To and From Other Web Sites

The Site may contain links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Nikar of the contents on such third party Web Sites. Nikar is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. Any disputes or questions relating to merchandise from linked sites or fulfilment or delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Nikar and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.

 

Nikar generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site's homepage (and no deeper within the Site) and provided Nikar gives its consent to the establishment of such links. Notwithstanding the foregoing, Nikar reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.

 

Indemnity

You agree to defend, indemnify, and hold harmless Nikar, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Nikar shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

General

This Site is controlled and operated by Nikar from its location in Ireland. Nikar makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Nikar may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Nikar may bring enforcement proceedings in another state on foot of an Irish judgement.

 

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

 

This agreement constitutes the entire agreement between you and Nikar with respect to the use of the Site.

 

Nikar may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.

 

 

 

Nikar

Address: 4 The Green, Walshestown Park, Newbridge, Co. Kildare                                             Phone: 087 6114464

Email: info@nikar.ie

Web: www.nikar.ie