TERMS & CONDITIONS OF SALE :::
1. All estimates and orders shall be subject to the terms and conditions of sale which follow except as provided in Clause 21.
2. No variation from these terms and conditions shall have effect unless expressly accepted by the Seller in writing.
3. Cancellation of orders by the Customer shall only be accepted if in writing by the Seller and a reasonable charge may be made by the Seller for such cancellation.
4. No goods ordered in error shall be returned without the prior written agreement of the Seller. If and when such an agreement is reached the Seller will accept the items back for part credit only provided the goods are received back undamaged in their original packing. A charge of 25% of the full list price may be made on all cabinet and desking items returned and 50% on all seating or upholstery items returned.
5. The Seller shall do all within its power to meet the delivery dates specified but shall be under no liability whatsoever for delay or failure to deliver for any cause nor for any loss or damage arising therefrom.
6. Delivery of part of the goods shall be good delivery and payment shall be made for goods actually delivered.
7. Should the Customer be unable to accept the goods for any reason or the Seller be unable to deliver due to an error in or inadequate delivery instructions the Seller may cancel the order and/or charge for any additional costs incurred.
8. The Customer shall ensure that adequate vehicular access is available for delivery of the goods and shall do everything reasonable to facilitate the transfer of the goods to the place of installation by allowing use of lifts or hoists where possible.
9. Where delivery includes installation of the Seller’s goods on the Customer’s premises such installation shall be carried out by fitters approved by the Seller. Installation and/or reconfiguration of the goods by other than approved fitters invalidates Clause 16 hereof and the Seller shall not be held liable for any injury to persons or damage to property including the goods supplied resulting therefrom.
10. It shall be a condition of installation by the Seller’s approved fitters that the work is carried out during normal working hours and that the premises shall be free and clear of all obstacles and builders’ and other contractors’ materials and similar encumbrances. Failure by the Customer to provide a safe means of work and safe working environment and/or safe means of access to installation site shall result in the delivery and installation being postponed and Clause 7 shall apply.
11. Notification of damage to goods must be made by the Customer within three days of their delivery.
12. Any query on any invoice related to non delivery of goods must be made in writing by the Customer within fourteen days of the date of the invoice.
13. Although the goods may be delivered to the Customer legal and beneficial title in the goods shall remain with the Seller until the Seller has been paid in full for the goods and services provided under this or any other contract between the Seller and the Customer. The Customer holds the goods in a fiduciary capacity as bailee for the Seller and agrees hereby to keep safely and apart and to identify separately (as belonging to the Seller) all those goods owned by the Seller in the possession of the Customer or its Agents.
The Seller reserves the right of disposal of any of its property and shall be at liberty to retake possession of the goods or any part thereof and for that purpose may enter into any premises of the Customer at any time until the goods supplied to the Customer shall have been paid for in full. Notwithstandinq the foreqoinq the risk and responsibilitv in and for the
goods shall pass to the Customer when the Seller delivers the goods in accordance with this contract to the Customer or its Agents or any other person authorised by the Customer to receive the goods.
14. Payment in full shall be made before the end of the month following the date of invoice. Goods shall be invoiced at prices ruling at date of delivery. The Customer shall not be entitled to set off against any sum owed to the Seller any complaint or counterclaim which the Customer might have against the Seller. In the event of any such complaint or counterclaim the Seller’s liability shall in no circumstances exceed the invoice price of the alleged faulty goods and no other liability whatsoever of a direct or indirect nature shall fall upon the Seller.
15. This contract may be subject to cancellation by other Seller owing to an Act of God or force majeure or any other cause beyond the control of the Seller.
16. The Seller’s guarantee for the goods is given subject to them being used for the purpose for which they are designed. The goods are not guaranteed against fair wear and tear. All goods supplied are guaranteed against defective materials or workmanship from the date of invoice for a period of 2 years for moving parts and for a period of 5 years for structural parts but the guarantee period for any of the good s which is in 24 hour constant use shall be limited to 12 months. Any complaints concerning the goods must be made in writing within 14 days of the alleged defect arising otherwise the Seller shall not be held liable for defective goods.
17. All drawings or designs or sketches or similar guidance documentation submitted to the Customer either before or after an order is placed shall remain the property of the Seller and shall not be disclosed to any third party nor shall copies be taken thereof without the prior written permission of the Seller.
Layout plans provided to assist installation of the goods shall be accepted as disposition plans only and shall not purport to show electrical supplies or power sources or other building services nor be taken as accurate dimensional site plans.
18. The Seller shall do all within its power to ensure that the goods supplied and any power cable management systems installed under its exclusive control shall be in compliance with the Management of Health and Safety at Work Regulations 1992 or any Statutory modification or re-enactment for the time being in force or any other Irish and European Standards but unless specifically and separately contracted with the Supplier the testing and certification and connection of the power cabling contained within the goods to the building power supplies shall remain the responsibility of the Customer or its Agents.
19. All descriptions or illustrations or particulars of weights and dimensions contained in the Seller’s catalogues or price lists or other advertising matter are subject to amendment without previous notice and are intended merely to present a general idea of the goods described therein and shall not form part of the contract unless specifically agreed in writing between the parties.
20. Under no circumstances shall the Seller be liable for any consequential or indirect damages or claims arising out of any breach of this contract.
21. This contract and any others between the Seller and the Customer shall be governed by Irish law and no condition herein shall prejudice any Statutory rights of either the Seller or the Customer.
22. This contract constitutes the entire terms of the Agreement between the parties and shall not be varied except in writing and agreed and signed by the parties.