Terms and Conditions
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TERMS AND CONDITIONS – GENERAL
- These Conditions of Sale constitute the entire agreement between the supplier and the customer, they override all other conditions including conditions stipulated by the customer and cannot be altered otherwise than by agreement in writing.
- Prices unless otherwise stipulated, shall be the supplier’s list prices prevailing on the date of dispatch exclusive of all taxes and other third party liabilities.
- Payment is due before product delivery.
- Default in payment by the customer shall entitle the supplier, without prejudice, to his other rights to cancel this and all contracts with the customer, or to suspend deliveries under all contracts with the supplier until payment is made.
- If the customer cancels an order which has been accepted and processed by the supplier, the amount due on that date of despatch shall be due by the customer as liquidated damage to the supplier, but without prejudice to the supplier’s other rights, save and except that where the supplier agreed beforehand in writing to a return of goods from a customer, the same may be returned subject to a handling charge to be agreed beforehand.
- Delivery dates are approximate only and the supplier shall not be liable for delays or failure to deliver by reason of lock outs, strikes, accidents, weather conditions or any other cause whatsoever including negligence whether within the control of the supplier or not.
- If any goods delivered pursuant to this agreement prove defective in material or workmanship, the supplier at its option will either replace such goods or refund to the customer the price thereof but in no circumstances shall the supplier be liable in connection with any such goods in excess of the cost of replacing the same or of the price paid thereof. The supplier shall not be liable for any defects other than as stipulated in this clause and only on condition that such cost or price as appropriate has been recovered by the supplier from the manufacturer.
- All claims in connection with goods supplied shall be made within three days of delivery and the customer hereby agrees that he is stopped from any claim otherwise. No claim shall entitle the customer to withhold any payment whatsoever from the supplier or to set the same off against any claim whatsoever of the supplier against the customer.
- The customer hereby agrees to indemnify and save harmless the supplier from all claims, losses, damages to person or property and including claims in respect of infringement of patent, copyrights, designs, or trademarks and whether directly or indirectly occasioned by or arising from the use, operation, installation or possession or default after delivery of any of the goods delivered pursuant to this contract, or such object or objects as are referred to in Clauses 14 and 15 hereof and this indemnity shall extend to costs and expenses incurred by the supplier and shall continue in force notwithstanding termination of this agreement.
- If the customer is in breach of Contract or if distress or other execution is levied upon its property or assets or if it offers to make an arrangement or composition with its creditors or ceases business or is unable to pay its debts within the meaning of the Companies Act, 1963 or if a resolution or petition to wind up its business is passed or presented or a receiver over the company’s assets or undertaking or any part thereof is appointed or if he or it commits an act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against the customer, the supplier shall have the right forthwith to terminate this contract without prejudice to any other claim or right and the company may also stop any goods in transit and the customer shall not accept delivery of any goods under this contract and shall at the request of the supplier return any goods delivered forthwith.
- All goods delivered hereunder shall remain the property of the supplier until all debts arising from such delivery and owing by the customer to the supplier whenever they become or shall become due have been paid in full and the customer hereby agrees to store such goods so that they are seen to be the property of the supplier. The customer hereby agrees that if the customer should make a new object or objects, from such goods or part thereof or mix them or part thereof, with another object or objects or if the same in anyway becomes a constitute of another object or objects, ownership of such object or objects will be given to the supplier at the moment of the single operation or event by which such goods or part thereof is or are converted into such object or objects, or is or are mixed with or become a constitute of such object of objects so that the supplier remains at all times and without interruption the owner of either the goods or such object or objects as a security for the full payment of all monies due by the customer to the supplier. The customer will be entitled to transfer the goods or such object or objects or any part thereof to third party in the normal course of its business and as agents of the supplier on condition that he assigns to the supplier all claims, rights, entitlements or demands whatsoever which the customer may acquire or which may accrue to or vest in him the result of and in connection with such transfer. The customer undertakes to notify the supplier of the names of such third parties and of the amounts owing by the same in connection with such transfer. So long as the customer complies with his payment obligation hereunder and so long as no detrimental change occurs in his financial standing the supplier will not collect such monies from such third parties.
- If the reservation of ownership in the foregoing clause is not effective for any reason whatsoever, the customer hereby undertakes to cooperate with the supplier in establishing a similar security in favor of the supplier. The customer hereby undertakes clearly to account to the supplier and to be at all times in a position so to account to the supplier for the proceeds realized by such transfer as is referred to in Clause 14 hereof and to keep such records as may be necessary to enable the supplier to trace such monies or proceeds thereof as are so realized.
- This contract shall be governed to and construed in accordance with Irish Law.
- Any claim, dispute or difference arising under or in connection with or out of this contract or any modification thereof shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act, 1954 or any statutory amendment or re-enactment thereof for the time being in force such reference being at the option of either party communicated to the other in writing.
- Any notice or written communication provided for in this agreement shall be sufficiently given if sent by prepaid ordinary post at the last known registered address of the same and shall be conclusively deemed so given on the second business day following the date on which the same was so sent.
- In the event that any provision or provisions is or are illegal or otherwise ineffective the same shall be deemed severed from this agreement so that the remainder thereof shall continue effective as if the same were not herein contained.
- The terminology used in the supplies trade literature shall apply to all quotations and estimates which may be furnished by this company.