Terms and Conditions of Sales

ORDER

Orders are accepted on the basis that the goods shall be delivered with all convenient speed. When delivered during normal business hours the goods shall be accepted by the Purchaser and payment shall then be due.

RESERVATION OF TITLE

1. The goods supplied shall remain the property of the Company until the entire of the purchase price payable therefor and all other debt owing by the Purchaser to the Company has been paid in full.
2. The Purchaser shall be entitled to sell the said goods during the time that they remain the property of the Company. In such event, the Purchaser shall be under a fiduciary duty to account to the Company for the proceeds of such sale to the extent of the total of all money owing by the Purchaser to the Company.
3. If any amount owing by the Purchaser to the Company is overdue, the Company may without prejudice to any of its other rights or remedies repossess and resell any or all of such goods, and may enter upon the Purchaser’s premises for that purchase.
4. The goods shall be at the risk of the Purchaser from the time of delivery to the Purchaser notwithstanding that the property in the goods shall not have passed to the Purchaser. This reservation of title clause shall not entitle the Purchaser to return the goods and refuse or delay payment on the grounds that the property has not yet passed. The Company and the Purchaser will treat the goods as the Purchaser’s stock from the date of the invoice in respect thereof. This reservation of title clause shall not constitute an agency.

INTEREST

The Company’s maximum credit terms for all goods are 21 days from date of despatch, unless otherwise specifically agreed in writing. All accounts due to the Company must be paid within fourteen days from the furnishing of the account. In the event of accounts not being paid within the said fourteen days, then such overdue sums of monies shall carry interest at the rate of two per cent per month. The right of the Company to charge interest under this clause shall be without prejudice to any rights that the Company may have to repossess or resell the said goods under Clause 3 herein.

CLAIMS

Claims arising from damage, delay or partial loss of goods in transit, must be notified to the Company immediately on receipt of the goods by telephone, fax or email, and confirmed in writing to the Company and the Carrier, so as to reach them within 3 days of delivery.

Acceptance of notification of a claim should not be construed as admission of liability.

LIABILITY

The Company shall not be responsible for indirect loss or third party claims occasioned by the delay in completing the Purchaser’s order or for any loss to the Purchaser arising from delay in transit. Where goods are defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such defect by way of replacement.

FORCE MAJEURE

Every effort will be made by the Company to carry out its contracts the due performance of such contracts is subject to cancellation in contract or variation thereof as may be necessary as a result of inability to secure labour, materials or supplies as a result of acts of God, war, strike, lock out or any labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the Company’s control.

 

LAWS

These conditions and all other express terms of any contract with the Company shall be governed and construed in accordance with the Laws of the Republic of Ireland.