These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the above company (“The Company”) whether in negotiation or at any stage in the dealings between the buyer (“The Customer”) and “The Company” with reference to the sale and supply of goods and services (“The Goods”) to which this Contract (“The Contract”) relates.
Without prejudice to the generality of the foregoing, the company will not e bound by any standard or printed terms furnished by the customer in any of its documents, unless the customers specially states, in writing, separately from such terms that it intends such terms to apply and the company acknowledges such notification in writing.
Unless otherwise expressly stated in writing, all quotations and estimates by the company are invitations to treat. The customers order is an offer and will become binding upon the company posting its confirmation of the order.
A confirmed order may only be cancelled or varied with the company’s consent; the giving of the company’s consent shall not in any way prejudice the company’s right to recoverfull compensations for any loss of expense arising from such cancellation or variation.
a) Tender prices exclude excavation or building work or provision, unless specially stated.
b) The company may adjust all prices to allow for increase in labour and / or material costs occurring after the date of estimate or tender such adjustment formulae or indices appropriate to the industry.
c) All prices are subject to Value Added Tax if applicable at the appropriate rate ruling from time to time.
d) All prices are calculated at the currency rate applicable on date of quotation and therefore may be subject to change.
a) Dates of despatch or completion of work or parts of it stated by the company are given in good faith but no guarantee or warranty as to such dates is given or implied by the company and the company will accept no liability for any delay in despatch or completion howsoever caused or for any loss or damage arising or resulting therefrom.
b) The company reserve the right to charge for site delays and additional journeys which are made necessary by incomplete or inaccurate site preparation or by other reasons beyond our control.
c) Installation shall include all items as indicated in the quotation and unless otherwise indicated, shall exclude:- excavation - building work - electrical supply - wiring runs.
i) If for any reason the customer his servant or agent by his conduct renders the company's obligations hereunder impossible of performance or completion during the company’s normal working hours where by any act or default on his part the company reserves the right to charge the customer in respect of any loss damage costs or charges which may be incurred by the company as a result of the customers conduct.
ii) The specification and estimate are based on continuous and uninterrupted working and assume that where there are delays caused by the customer, his employees agents or customers of other trades these may result in additional charges. The customer can minimise his liability be ensuring that any service to be provided by other trades are programmed properly.
The customer shall use his best endeavours to ensure that the premises in which the company’s employees or agents may have to work are safe and without risk for them. All known risks must be clearly identified and marked by the customer.
Goods covered by 12 months warranty.
A) Payment is due in accordance with our quotation and unless otherwise stated will be as follows: 25% of total quoted will be invoiced upon the company’s acceptance of order 75% of total will be invoiced upon the agreed delivery/installation date.
B) Where, through no fault of the company the customer is unable to take possession of the goods, the company reserves the right to invoice on the date the equipment became ready for despatch or the previously agreed delivery date or which ever is sooner, a sum equivalent to 65% of the total price.
C) The company reserves the right to withdraw service support in the event of non payment.
D) All sums due from the customer under the contract shall be paid by the customer not later than the last day of the month following the month during which the company’s invoice is rendered to the customer (such date being hereinafter referred to as “the date due”).
E) If the customer shall have failed to pay all the sums payable hereunder on or before the due date then the company shall be entitled to charge interested at the rate per annum of 2% above the base rate from time to time of Bank of Ireland on all overdue payments such interest to accrue on a daily basis with effect from the date due and to be payable after as well as before judgement.
A) Until full payment has been received by the company for all goods whatsoever supplied and all services rendered at any time by the company to the customer:
i) Property in the goods shall remain in the company.
ii) Should the customer convert the goods (or any part of them) into a new product whether or not such conversion involves the admixture of any other goods or things whatsoever and in what ever proportions the conversion shall be effected by the customer solely as the agent for the company who shall retain the full legal and beneficial ownership of the new product.
iii) The customer shall store the goods and the products separately and in such a way that they can be readily identified as being the property of the company.
iv) Subject to (v) and (vii) below the customer shall be at liberty to sell the goods and the new products referred to in (ii) above and in the ordinary course of business on the basis that the proceed of sale shall belong to the company to whom the customer shall account on demand provided that the customer shall have no authority to enter into any contract of sales accordingly be concluded in the name of the customer.
v) The company may at any time revoke the customer’s power of sale by notice to the customer if the customer is in default for longer than seven days in the payment of any sum whatsoever due to the company (whether in respect of the goods or any reason whatsoever) or if any Bill of Exchange cheque or other negotiable instrument drawn or accepted by the customer in favour of the company is dishonoured on presentation for payment or if the company bona fide doubts as to the solvency of the customer.
vi) The customer’s power of sale shall automatically cease if a receiver is appointed over any of the assets or undertaking of the customer or a winding up order is made against the customer goes into voluntary liquidation or examine should (otherwise than for the reconstruction or amalgamation) or calls a meeting or makes any arrangement or composition with creditors or commits any act of bankruptcy.
vii) Upon determination of the customers power of sale under (v) and (vi) above the customer shall place the goods and the new products at the disposal of the company who shall be entitled to enter upon any premises of the customer for the purpose of removing such goods and new products from the premises (including severance from the reality where necessary).
B) Where payment is made by means of a Bill of Exchange cheque or other negotiable instrument the company shall be deemed not to have received payment for the purpose of sub-clause (ii) until the Bill of Exchange or instrument has been honoured on presentation of payment not withstanding that the company may have negotiated it and received value therefore.
A) All goods shall be at the risk of the customer from the time of the delivery to the customer his servant agent or other representative at the point of delivery applied overleaf.
B) From the time that risk in the goods passes to the customer, the customer shall keep the goods fully and comprehensively insured and a record of the company’s interest in the goods shall be endorsed on all policies of insurance until the Company receives payment in full for the sale and supply of the goods.
C) All payments received by the customer from the insurance in the event of the goods being damaged shall first be applied towards payments of any outstanding sums due to the company under the contract.
D) The company offers a Maintenance Contract with every product supplied and the company takes no responsibility for any defects or malfunctioning of any of its products which, in the opinion of the company are attributable to the maintenance or repair or interference with same by any other party.
E) Notwithstanding any condition contained in this contract in no circumstances shall the company be liable in contract, tort (including negligence or breach of any statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses, (ii) for any loss of profit, business, contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.
A) If the customer cancels an order than he shall pay to the company on demand a sum equivalent to all its costs, fees and expenses incurred in meeting the order including any damages payable to company’s loss of anticipated profits on said order.
B) Neither party shall be liable to the other by reason of its failure if due to or results from breakdown of plant or apparatus, fire, explosion, strike, lock-out or any other event caused beyond its control.
The contract shall be deemed to have been made in the Republic of Ireland and the parties to contract hereby submit to the jurisdiction of the Irish law shall be the proper law of the contract.