Terms and Conditions of Purchase
- This order expressly limits acceptance to the terms attached herein. Any additional or different terms proposed by the Seller are objected to and hereby rejected.
- Risk of loss and/or damage shall be upon the Seller until the goods are physically delivered to our site or other requested destination.
- Delivery instructions are each of the essence of the order any delivery made pursuant to this order constitutes seller’s acceptance of all the terms and conditions on this purchase order front and back.
- The Contract price shall be taken to be in Euro € currency or GBP £ unless specifically designated otherwise, and shall include all taxes and other impositions, costs, charges, expenses, customs clearance and transport charges chargeable in respect of the goods upon the seller or any other person before delivery.
- If the price is omitted from this order, it is agreed that the price shall be the lowest prevailing market price, but in no case more than the last quotation less discount from the Seller.
- The Contract price shall not be increased by the Seller (whether following an increase in the cost of labour, materials or any other cost constituent of the material being supplied) unless it is expressly agreed in writing by us to such increase.
- Seller has ten days from the date of receipt of changes in any specification to inform us of any adjustment in price.
- We are not obliged to pay any boxing, crating or cartage charges, including pallets unless specifically agreed to by us in writing.
- This order is not valid unless signed by our authorised representative.
- We have the right to cancel all or any part of this order in the event that conditions on site, instructions from the client outside our control affect the nature, constituents or size of the order. If we terminate or breach this agreement for any reason at any time the seller must submit an itemised list of all claims within fourteen days.
- We may at all reasonable times during manufacture inspect the seller’s premises, the manufacture and workmanship of all goods to be supplied. The Seller shall obtain for us permission to inspect, shall give to us, reasonable notice of the dates on and the place at which the goods will be ready for testing and shall, at their own cost give us all assistance as may be reasonably necessary to carry out the test effectively. Such inspection or testing shall not relieve the Seller from their obligations under the Contract for the Supply of Goods Act.
- We may reject and return at Sellers expense deliveries which exceed or substantially fail to meet the quality ordered or deliveries made more than three days in advance of the date required. We may postpone delivery by notice given to the Seller of their representative at any time before delivery. The Seller is also responsible for any delays in material supply affecting the Contract and liable for all consequential financial costs as a result.
- The title of the goods passes onto us when the goods or materials are delivered to site. In addition to any warranty implied by fact or law, the Seller expressly warrants all items to be free from defects in design, workmanship and materials, to conform strictly with appropriate specifications, drawings and approved sample, if any and to be fit and sufficient for the purpose intended and to be merchantable. Such warranties together with all other service warranties shall apply to the Buyer, its successors and assign and customers.
- Goods failing to meet their design criteria/requirements during the design life of the Contract will be replaced by the Seller at no charge to us. The Seller is also responsible for all resulting consequential costs incurred as a result of the failure of material supplied by the Seller. Consequential costs shall include legal fees and all costs incident of litigation or the negotiation of a claim under this agreement by either party. No financial limits may be placed on damages resulting from seller’s breach of this order than as specified in writing and subscribed to by us.
- In these conditions goods mean any and all goods to be provided and where the context so admits any and all work to be done by the seller under the terms of the Contract with which these conditions or any of them are incorporated.
- For supply only of materials payment will be made sixty days following the end of the month of the date of delivery or any other payment conditions expressly agreed between both parties.
- The Contract with which these conditions if any of them are incorporated shall be governed by Irish or UK laws and regulations dependent on where the contract is executed.