Terms & Conditions of Sale
1. GENERAL:
Whether as the basis of a contract or not, any information, advice,
drawings, technical details, given by us, is given in good faith and in
light of our available knowledge and experience. Every effort is made to
ensure that the information is reliable, but we cannot be held
responsible for any loss (financial or otherwise), injury or damage
which may result there from. Your acceptance of any quotation, submitted
in accordance with Condition 5, constitutes acceptance of these
conditions as terms of any contract made between us for the supply of
our material. All other conditions and any modifications of these
conditions and all other conditions and warranties in any other document
upon which you may claim to rely are excluded, unless we have expressly
accepted them in writing.
2. CONDITIONS AND WARRANTIES:
No guarantee warranty or condition whether express or implied by Common
Law, statute or otherwise is given by us in relation to materials
supplied or to be supplied as to their fitness for any particular
purpose or for use under any specific conditions, even though such
purpose or condition may be known or made known to us.
3. SPECIFICATIONS:
Where materials are required to comply with a particular specification
the request for a quotation by us must be accompanied by sufficient
information to enable us to proceed with the order forthwith on
acceptance of our quotation.
4. QUOTATIONS:
Unless previously withdrawn our quotation is open for acceptance by you
by the placing of an order within 30 days of the date of the quote or
such longer period as we may prescribe. Our quotation includes only such
materials stated therein and, where appropriate, to such
specifications. The price quoted on our quotation relates only to such
materials as are stated therein and/or such materials as may be required
pursuant to any specification given by you in accordance with Condition
4 above.
5. TERMS OF PAYMENT:
As per individual agreements or the standard agreements per our web site.
6. COST OF DELIVERY: See web site
7. DELIVERY:
Any delivery period specified in our quotation is our normal delivery
period ruling at the date of the quote and begins to run from
acknowledgement of your order.
8. DAMAGE IN TRANSIT:
When the price quoted in our quotation includes delivery to customer,
we will replace free of charge materials damaged in transit by us,
provided that notice is given both to the carriers and to our offices to
arrive within three days of delivery to you of the material and the
damaged materials are dispatched back to us within 3 days of such
delivery.
9. RE-SALE:
If you purchase our materials for the purpose of re-sale in the course
of trade, you undertake with us not to make representations to or to
give guarantees to your customers more extensive than those made or
given by us.
10. WAIVER:
Any extension of time or waiver of the terms of the contract by us
shall not release you in any other respect from the terms of the
contract.
11. INSOLVENCY:
If you fail to make payment to us in accordance with these conditions,
or commit any other substantial breach, or if you commit an act of
bankruptcy, call a meeting of your creditors, or if (being a limited
company) you commence to be wound up or have a receiver appointed to
your undertaking or assets or a substantial part thereof, we may suspend
or cancel any orders in transit with your company.
12. IRISH LAW:
The contract shall in all respects be construed and shall operate as an
Irish contract and in conformity with the laws of the Republic of
Ireland.
13. PASSING OF RISK AND TITLE:
(a) Unless otherwise stipulated in writing the risk in the goods shall
pass to the purchaser when a Proof of Delivery has been signed by the
purchaser or by the purchaser’s Representative.
(b) The property in the goods shall remain with the vendor until
payment has been made and the purchaser hereby declares it to be the
trustee thereof for the vendor.
(c) If the goods are sold by the purchaser such sale shall be as agent
and for the account of the vendor and the vendor shall be entitled to
the proceeds of such sale to the extent of any sums in respect of the
goods due to it from the purchaser and the purchaser hereby declares
itself trustee thereof for the vendor.
(d) Until payment for goods the purchaser shall keep them insured in
their full replacement value on behalf of the vendor but at the cost of
the purchaser. The purchaser shall do all such things including the
execution of deeds and documents as may be necessary to protect the
vendor's property of other rights in the goods.
(e) We reserve the right to charge interest on overdue accounts.