CONDITIONS OF SALE
1. Unless and to the extent otherwise specifically agreed by us in writing, these conditions govern all our sales, contracts and in the event of any conflict or inconsistency between these conditions and the terms of your enquiry or order or any correspondence relation thereto, these conditions shall prevail.
2. Orders are normally dispatched within 24 hours of order confirmation, therefore, no alterations to your order will be recognized by us unless requested by you in writing and confirmed by us in the same way within twelve (12) hours of order confirmation.
3. Quotations, if any, means the terms set out therein and shall include the following conditions;
(a) All Prices are exclusive of VAT unless otherwise stated and shall be quoted in mutually agreed currency at point of enquiry.
(b) The place of delivery shall be "ex-works" the Company's place of business unless otherwise quoted.
(c) All quotes are valid for fifteen (15) days UNLESS confirmed otherwise in writing by the Seller to the Buyer.
4. Orders are subject to acceptance by the Seller and must specify delivery time within a period of thirty (30) days from order date, unless otherwise agreed by the seller.
(a) Product prices for an order remain valid for a maximum period of thirty (30) days from original order date unless otherwise agreed or quoted by the Seller. Order amendments that extend the delivery period of an order beyond the maximum period of thirty (30) days shall in effect revert the order's status to "New" and the selling price shall be applied by the Seller as of that date.
(b) Product prices for partially shipped orders remain valid for a maximum period of thirty (30) days from the original date, unless otherwise agreed or quoted by the Seller. The balance of a partially shipped order that remains undelivered after the period of ninety (90) days shall be cancelled by the Seller and the Buyer shall, if the part(s) are still required, place a fresh order at the purchase price applicable as of that date.
5. Risk in the goods passes to the Buyer on delivery. Time for delivery is given as accurately as possible but is without engagement, and is in particular subject to extension in the event of delay due to war, strikes, lockouts, works breakdowns, delay in transport, shortage of raw material, government regulation, or requirements, or any other cause whatsoever (whether or not similar to those above mentioned) beyond our control. Should any such case prevent delivery within the reasonable time of the delivery date, we shall be entitled at our option and without liability, to cancel the contract wholly or in part by notice in writing.
6. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 72 hours of delivery if the Goods are received in a damaged condition, or are not supplied as ordered. The Goods shall be deemed to be accepted by the Buyer if notification is not received within the 72 hour period specified. Any Goods in respect of which any claim of defect or damage is made, shall be preserved by the Buyer intact, together with original packing, at the Buyers risk and either a) be retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods OR b) at the Sellers option, be returned by the Buyer to the Seller who will refund the delivery cost to the Buyer, if the Goods are proven to be defective. Any Goods received by the Buyer that are evidenced to have been damaged in transit from the Seller, shall be replaced or repaired by the Seller on a free of charge basis, provided the Buyer has notified the Carrier within 24 hours of receiving the carriage damaged materials.
7. In respect of any goods or part of goods supplied by us we will extend to you the benefit of such warranty from our suppliers as is available to us. In respect of any goods or part of goods supplied by us which are alleged to be defective we attempt to claim on foot of the warranty which is available to us but if such claim proves unsuccessful then no liability whatsoever is or will be accepted by us. If, while awaiting the outcome of our claim to our supplier, you wish to obtain alternative goods then said goods shall be paid for in full and a refund will be made if our supplier extends same to us on foot of our said claim. Notwithstanding the foregoing, no liability whatsoever is or will be accepted in respect of any defect which is due to accident, or fair wear and tear, negligence, tampering, improper handling, improper use, improper operation, or improper storage or any other default on the part of any person.
8. The Seller shall not be liable for any injury or any consequential loss or damage howsoever caused, arising out of or in connection with any goods supplied by us.
9. Accounts will only be opened for customers subject to the following conditions:
(a) The completion by the Buyer of a Credit Application Form including full undertakings and signatures and
(b) The furnishing of a Bank reference and
(c) The completion of a Bank Direct Debit Form.
(d) The provision of a sheet of Letter Headed Paper or the Buyer's Compliment Slip.
(e) VISA/Credit Card accounts are accepted but settled in EURO'S only. The Company is not liable for any
charges incurred by the cardholder with his/her own Credit Services provider.
10. (a) The risk in the goods passes to the Buyer upon delivery but equitable and beneficial ownership shall remain with us until full payment has been received (each order being considered as a whole) or until prior resale in which case our beneficial entitlement shall attach to the proceeds of resale or to the claim for such proceeds. In the event of us not being able to claim against the proceeds of such resale, we shall proceed for recovery of the goods against subsequent owners.
10. (b) Should the goods become constituents of or be convened into other products while subject to our equitable and beneficial ownership we shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods and accordingly sub-clause (a) shall as appropriate apply to such other products, and it shall be open to us to claim recovery of such products whether or not they remain in the possession of the buyer.
11. Time of payment is of the essence of all our sales, contracts and failure on your part to pay for goods delivered in accordance with the terms of the contract shall, without prejudice to any other rights which we may have, entitle us at our option to withhold further deliveries both in respect of the contract or series of contracts in question and any other contract for delivery of goods to you until such payment has been made, but you will in such event be liable to us for the costs of all materials and work in connection with manufactured or the partly manufactured articles acquired by us for the purpose of future deliveries to you less allowance of the value thereof as realised or as utilised for other purposes. All accounts are to be cleared within 30 days from the date of issue of invoice. Interest on overdue accounts is applied at a rate of 1% per month until the account is paid in full.
12. All goods are sold on the strict understanding that Invoice prices will be those ruling at date of dispatch.
13. Please note that a 15% handling charge will be made on all goods returned for credit against an order which has been correctly filled. In relation to "Special Orders" which are Non Stock Items that have been ordered to the Buyers specification, we will require 50% minimum deposit on these orders and an order number for same. This order cannot be cancelled or returned and will have to be paid for in full by the Buyer.
14. It is a condition of all sales that at any time upon or after the commission by the buyer of an act of bankruptcy, compulsory bankruptcy, liquidation by a creditor, or where the Buyer is a Limited Company, the commencement of a winding up by reason of insolvency or the appointment of a receiver, or any assignment for the benefit of creditors, the same may be cancelled by us wholly or in part by notice in writing without prejudice to any other right or remedy available to us.
15. All descriptions, drawings and other particulars furnished in catalogues, prices and other documents issued by us are as accurate as possible but being given for general information are not to be treated as binding unless this is specifically agreed by us in writing. Original equipment, manufacturer's names and part numbers are quoted for reference only and it is not intended that our replacement parts are used as original equipment.
16. Unless otherwise agreed, all packing cases and other containers will be charged for.
17. These conditions shall be governed by and construed in accordance with Irish law and shall be subject to the exclusive jurisdiction of the Irish Courts.