- These terms & conditions of sale issued on the 1st January 2008 shall apply to all sales of goods without exception and supersedes any previous issues.
- The conditions set out below are the only ones on which we are prepared to do business unless a variation is specifically agreed in writing and signed by James Moriarty personally. If a customer or prospective customer wishes to negotiate a variation of the conditions, either generally or in relation to a specific transaction, they must state such a desire in writing by letter for the personal attention of the manager, when the matter will be given attention. By not sending such a letter the customer or prospective customer acknowledges that he accepts these conditions and that as between himself and the company any standard term which may appear on any of his stationery shall be of no effect.
- All goods offered from stock are subject to their remaining unsold.
- Unless otherwise specified by James Moriarty in writing all prices quoted in the catalogue price lists (as amended from time to time) are net and unless otherwise stated are exclusive of Value Added Tax.
- The price applicable to the sale of goods shall be the published price ruling at time of dispatch. The Company therefore reserves the right to amend prices quoted verbally at the date of the placing of an order by the Customer.
- Delivery times are quoted without engagement, although every endeavor will be made to adhere to the times quoted. Under no circumstances shall the Company be liable for any loss arising from delay in dispatch howsoever caused. Time shall be the essence of any contract of sale.
- The Company may deliver the goods in installments and invoice the Customer as if each installment comprised a separate contract upon the terms of these conditions of sale.
- If delivery of the goods is delayed through any act or omission of the Customer, the Company may put the goods into storage at the Customers risk and expense.
- The Company will consign all goods by the method considered by them to be the most appropriate.
- The Company reserves the right to charge for the cost of carriage and packing in accordance with the scale issued by the Company relating to the value of goods delivered and the distance from the Company premises to the delivery point. This is to be agreed with the customer before dispatch.
- Non account Customers are required to pay invoices in full providing cleared funds before dispatch or payment on delivery to be agreed with James Moriarty.
- Account Customers. The terms of payment are strictly net by the end of the Month following the Month in which the goods are invoiced.
- Where a payment has not been made by the Customer to the Company within the time specified above, the Company reserves the right to charge 2% per Month interest from the date on which the invoices were issued until receipt of monies outstanding. Any invoices becoming overdue will render the entire account payable immediately. The Company reserves the right to look to the Customer for full reimbursement of any Legal, Bank or Court fees reasonably incurred in obtaining full payment for the goods or in employing another party to obtain such payment
Damage/Loss in transit
Goods must be examined on arrival and any damage or loss must be reported to the Company in writing within three days of the date of delivery, otherwise the Company cannot be held responsible. The Customer must advise the Company within seven days of receiving an invoice if the goods have not been delivered.
- The Company may at its sole discretion and upon provision of related invoices, accept return of goods supplied subject to full payment of all carriage charges incurred on delivery outwards and inwards and subject to 15% handling charge to cover cost of restocking the goods.
- No return of specially ordered, manufactured or non-standard goods will be accepted under any circumstances.
- Packaging must be retained if a return is required. Due care and attention is required to ensure that certain packaging that cannot be resealed is not opened in the first place.
Title of the goods
- All goods supplied to the Customer shall remain the property of the Company until paid in full.
- Until the goods are paid for in full the Customer must store them in such a way that they are readily identifiable as the property of the Company and separate from all other goods in the Customers possession.
Obligations of Customer’s Directors & Principals
The Directors or principals of any Customer which is a Limited Liability Company which is unable to meet its debts as and when they fall due, or which is involved in any act or proceedings in insolvency, will be held personally liable both jointly and severally to guarantee and make good debts owed by the Customer to the Company whether wrongful trading be proven or not. Goods supplied for which payment has not been made are deemed therefore to have been personally ordered by and supplied to the Directors and Principals of such a Company irrespective of the solvency of the company or business and they shall be required to make good any due and payable indebtedness not withstanding any insolvency, liquidation or dissolution.
Variation of specifications
- All drawings, photos, descriptions, weights, dimensions and specifications provided by the Company and the descriptions and illustrations contained in any Catalogue, Price list or other advertising matter are approximate only and are intended merely to represent a general idea of goods and shall not form any contract.
Exclusions of liability
- All conditions, guarantees or warranties, whether expressed or implied by statute, common law or otherwise, are hereby excluded, except insofar as the same cannot be excluded by law or liability for resulting death or personal injury.
- Except as aforesaid, the Company shall in no circumstances be liable for consequential loss of any kind arising directly or indirectly from or in consequence of the sale or use of any goods sold by the Company.
- The Company shall not be deemed to have knowledge of the nature of the proposed use or the purpose of the market for which the goods are required.
The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any liability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written note to the company elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.
Interpretation and Jurisdiction
Any agreement between the Company and the Customer shall be subject to and governed by Irish Law. All sums due are payable in Euros at the Company’s trading address.