Terms and conditions
Last updated:
1. Acceptance of terms
By accessing and using agricrete.com (“the Site”), you accept and agree to be bound by these Terms and Conditions. If you are accessing the Site as a consumer (for personal, non-business purposes), nothing in these Terms and Conditions affects the mandatory statutory rights you have under the law of your country of residence, and Section 10 (Consumer rights) takes priority over any conflicting term.
2. Use of the Site
- The Site provides information about our concrete chemical products and how to apply them.
- All content is for informational purposes only and should not be considered professional advice.
3. Intellectual property rights
- All content on the Site, including text, images, graphics, logos, and trademarks, is the property of AgriCrete and is protected by intellectual property laws.
- You may not copy, reproduce, distribute, or create derivative works from any content on the Site without our prior written consent.
4. Manufacturer’s warranty
C. Darell & Assoc. Inc. limited lifetime warranty on AgriCrete products
C. Darell & Assoc. Inc. (“we,” “us,” or “our”) warrants, to the extent permitted by law, that our AgriCrete brand products will perform as represented when:
- Applied at the stipulated coverage rates.
- Applied to an appropriately prepared, clean, and applicable permeable substrate.
Warranty coverage:
- If our product fails to perform under the specified conditions, we will supply the original application contractor with the necessary quantity of AgriCrete product at no charge.
- This warranty is limited to the supply of the replacement product only. Freight and delivery charges are excluded.
Product standards:
- Our AgriCrete products are manufactured to ISO 14001 standards.
- Each batch is tested prior to packaging and is only packaged after passing all necessary testing.
- Our products chemically react 100% of the time either side of pH neutral with alkali in concrete.
- Upon application and curing, AgriCrete forms a Permanent Internal Membrane within the concrete, which:
- Permanently increases density.
- Waterproofs from the positive (top) side.
- Hardens and provides 98% vapor proofing from the negative (underside).
Warranty limitations:
- Extreme wear or abrasion:
- The warranty does not cover situations where extreme wear or abrasion exceeds the depth of the internal membrane penetration, resulting in the treated layer being worn away.
- Cracking:
- Any preexisting or new cracking that allows for water migration voids this warranty.
- Application conditions:
- The warranty is valid only when the product is applied according to our instructions and guidelines.
Liability limitation:
- This warranty is limited to the supply of replacement product only.
- To the extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use our products. Nothing in this warranty excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
Acknowledgment:
- By purchasing and using AgriCrete products, you acknowledge that you have read and understood this warranty and agree to its terms.
5. Limitations of warranties
- While we strive for accuracy, AgriCrete does not guarantee, to the extent permitted by law, that the information on the Site is error-free or complete.
- The use of our products should be in accordance with the provided instructions. To the extent permitted by law, we are not liable for outcomes resulting from improper application.
6. Limitation of liability
- To the fullest extent permitted by law, AgriCrete is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site or our products.
- Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit us to exclude or limit.
7. Changes to Terms and Conditions
We may update these Terms and Conditions from time to time. Changes will be indicated by updating the “Last Updated” date at the top of this page.
8. Governing law
These Terms and Conditions are governed by the laws of Canada. Subject to Section 9 (Jurisdiction for consumers), any disputes arising from the use of the Site or our products will be subject to the exclusive jurisdiction of the Canadian courts.
9. Jurisdiction for consumers
If you are accessing the Site as a consumer resident in the EU, the UK, or another jurisdiction whose law gives you the right to bring proceedings in your own courts, or requires that disputes with you be resolved under your local law, the exclusive-jurisdiction clause in Section 8 does not remove or limit that right, and this Section 9 takes priority over Section 8 in respect of it.
10. Consumer rights
If you are a consumer, applicable law in your country of residence may give you rights that cannot be excluded or limited by agreement, including in relation to the quality, fitness for purpose, or description of goods, and your rights in the event of misrepresentation, fraud, or death or personal injury caused by negligence. Nothing in these Terms and Conditions excludes, limits, or is intended to exclude or limit, any such mandatory right. Where a provision of these Terms and Conditions conflicts with a mandatory consumer right, that provision applies only to the extent permitted by applicable law, and your mandatory right otherwise prevails.
11. Contact information
If you have any questions about these Terms and Conditions or the warranty, please contact us:
- Email: [email protected]
- Phone: +1 (217) 335-4558
- Contact form: Contact us