1. Quotations and Prices
We reserve the right to revise quoted prices and charges in the event of any changes in our costs and/or prevailing conditions between the date of quotation and the date of dispatch, and in the event of any relevant devaluation or revaluation of any currency. We shall be entitled to add to the contract price any value added tax, import tariff or other similar tax which is chargeable in respect of the goods and/or raw materials used therein and supplied by us.
(a) Payment will be strictly nett at the end of the calendar month following delivery for approved accounts. Should goods be ready but awaiting forwarding instructions these shall be deemed to be delivered for the purposes of accounting and charged up accordingly, payment due end of month following such invoicing.
(b) Where goods are delivered outside the United Kingdom payment is by irrevocable letter of credit in London or such other method as we may specify. Payment will unless otherwise agreed be made in sterling at the rate of exchange current at the date of invoice.
(c) We reserve the right to charge interest at 5% over the Bank of Ireland base rate on overdue accounts.
(a) Where the contract provides for a single delivery, or where delivery is to be made in installments, such single delivery or each installment delivery, as the case may be will be delivered to and accepted by you immediately we tender the goods for delivery in accordance with the contract.
(b) In the event of you or your customer failing to accept any delivery or deliveries tendered in accordance with your order within seven days of notification by us that the goods are ready for dispatch, you shall also be liable thenceforward for all expenses incurred by us in handling and storing the goods which are ready for delivery in pursuance of this order. All such goods will be held at customer’s risks from that date.
(c) Without prejudice to (b) hereof, if after fourteen days from the expiry of the seven days period mentioned in (b) you have still failed to accept delivery of the goods we will be free to resell or otherwise dispose of the goods without prejudice to any rights we may have against you for breach of contract otherwise.
(d) Where contracts involve more than one delivery, if default is made in payment or acceptance on due date in respect of any one delivery, we will at our option, and without prejudice to any rights we may have hereunder or otherwise, be entitled to treat the contract as repudiated and to claim damages accordingly, but any failure to defect in any one delivery on our part shall not vitiate the contract as to the remaining deliveries.
(e) While we will make every effort to effect deliveries as soon as goods are ready in accordance with pre-arranged dates, no guarantee is to be implied as to delivery dates nor will we accept liability for loss or damage occasioned by delay in delivery however caused.
(f) We reserve the right to complete delivery at any point suitable for our vehicles within the main entrance of the sire of building specified.
(a) Where delivery is made by us to a carrier for transmission to you or your nominee, you must notify both us and the carrier in writing of any non-delivery or short delivery by the carrier or damage in transit, without such time as will enable the claimant to comply with the time limits currently laid down by the carrier for notification of claims.
(b) We shall not be liable in respect of consequential loss or damage nor in respect of conditions or warranties, whether express or implied at statute or at common law, which have not been confirmed by us in writing.
(c) We shall not be liable in respect of any kind of claim or complaint against us unless you notify us thereof in writing within seven days of delivery to you of the goods (or in the case of non-delivery, within seven days of the agreed delivery dates) and we shall have the option of replacing or repairing or crediting the value of the goods in respect of which any kind of claim is made, thereby fully discharging all legal liability in respect thereof.
(d) Return of goods after delivery will not be accepted unless we or our representatives have first hand an opportunity to examine them.
5. Title and Risk
(a) Title in and property to the goods shall not pass to the buyer until the seller received payment in full of all monies owing from the buyer for those goods, and the buyer acknowledge that he is in possession of the goods solely as bailee for the seller until such time as the full price thereof is paid to the seller.
(b) Should the buyer default in any payment when due the seller will be entitled to repossess all the goods held by the buyer which are still the sellers property (without prejudice to any other right arising out of such default in payment) and for this purpose the seller will be entitled to enter upon any land or buildings on or in which the goods may be situated and to remove same. All costs incurred by the seller in repossessing the goods shall be borne by the buyer.
(c) Responsibility for the safe custody protection and preservation of the goods after delivery has or is deemed to have taken place shall rest with the buyer and shall in any event remain liable to pay for all goods delivered.
6. Other Conditions of Sale
By ordering the goods from us you will be deemed to have accepted that these conditions take precedence over any other conditions on or in any letter, acceptance from receipt or the like received by us in connection with the goods so ordered and that any such other conditions will not form part of the contract between us for the sale of such goods.
No liability will be accepted for any failure of, or delay in, performance which is due wholly of partially to restriction by Government or other competent authority, strikes, lock-outs, failure in our anticipated supplies of raw materials or to any other cause whatsoever beyond our control, but there will be entitled to distribute such goods as we have available among our contracts customers in such proportions as we may decide and we shall not in any circumstances be liable to fulfil any such individual contract.
The seller reserves the right to change the specifications of any goods in its sales literature at any time without notice.
These conditions and the contract shall be subject to and construed in accordance with N.I. Law.
10. Returned Goods
At suppliers discretion a handling charge of 10% (of items value returned) will be deducted off credit note being issued.