1. Any variation on these conditions in any document of
the buyer is inapplicable unless accepted in writing by the seller.
2. 247 Lighting (hereinafter referred to as “the
seller”) will make every effort to meet the buyer’s delivery requirements where
these are made known at the time of ordering:
any time or date for delivery named by the seller is an estimate only,
and the seller shall not be liable for the consequences of any delay.
3. Deliveries
may be wholly or partially suspended and the time of such suspension added to
original contract in the event of a stoppage, delay or interruption of work in
the establishment of either seller or buyer during the delivery period as a
result of strikes, lockouts, trade disputes, breakdowns, accident or any cause
whatsoever beyond the control of the seller or buyer respectively. The seller will not be responsible for any
losses whatsoever arising to the buyer in the event of such delay.
4.The
seller reserves the right to meet an order in a number of separate consignments
and to invoice the buyer for each separate consignment as it is
despatched. The term for settlement for
the whole contract shall apply to each separate consignment.
5. No claim for damage in
transit, shortage of delivery or loss of goods will be entertained unless, in
the case of damage in transit or shortage of delivery a separate notice is
given to the carrier concerned and to the seller within 5 working days of the receipt of each consignment of goods
followed by a complete claim in writing within 18 days of receipt of each
consignment of goods and in the case of loss of goods, notice in writing is
given to the carrier concerned and to the seller and a complete claim in
writing made within 18 days of the date of invoice. Where goods are accepted from the carrier
concerned without being checked, the delivery book of the carrier concerned
must be signed ‘not examined”.
6. Where
goods are sold f.o.b the responsibility of the seller shall cease immediately
when the goods leave our premises and the seller shall be under no obligation
to give the buyer the notice specified in section 32(3) of the Sale of Goods
Act 1893 as the buyer shall be responsible for insuring such goods during
transit.
7. No condition is made nor to be implied nor is any
warranty given or to be implied to the life or wear of the goods implied or
that they will be suitable for any particular or for use under any specific
conditions, notwithstanding that such purpose or conditions may be known or
made known to the seller.
8.Goods
represented by the buyer to be defective shall not form the subject of any
claim for work done by the buyer for any loss, damage or expense whatsoever
arising directly or indirectly to or from such defects, by such goods, if
returned to the seller carriage paid within 3 months of invoice date and
accepted by him as defective, will at the request of the buyer and if
practicable be replaced as originally ordered.
Defects in quality or dimensions in any delivery shall not be grounds
for cancellation for the remainder of the order or contract.
9. Any
dispute under the contract shall be referred to an arbitrator or arbitrators to
be appointed by the parties, or in default of agreement, by the President for
the Law Society for the time being and/or their decision shall be binding on
both parties and this shall be a submission of arbitration with the Arbitration
Act or any statutory modification thereof for the time being in force.
10.The
specification of materials stated on any advertising literature will be adhered
to where possible, but the seller reserves the right to use alternative
materials without notice.
11. In
accordance with the seller’s policy of continuing improvement, design for
equipment may be altered without notice.
12. All
prices stated on any advertising literature and price lists must be considered
as guide only, as prices charged will be those ruling at the time of dispatch.
13. All
prices stated in any price lists are exclusive of VAT which will be charged at
the appropriate rate.
14. All
goods returned within 30 days of purchase for credit (by arrangement only) will
be subject to a minimum 10% restocking fee. All returns must be agreed in
writing by the vendor and the buyer must obtain a Returns Note Number otherwise
they may be refused. Returns made after 30 days of purchase will be refused. We
operate a strict 30 day returns policy
15. All
products have a 2 year warranty from invoice date. The buyer must return
warranty items at their own expense.
16. These
conditions and this contract shall be subject to and constructed in accordance
with Irish Law.
17. Minimum
invoice charge €20.00. Freight is charged by Group 247 on all goods dispatched
by the companies appointed courier.
18.The
title to the goods/services remains with the seller until they are fully paid
for. The seller reserves the title to all goods supplied to the purchaser until
such time as all existing principal and subsidiary claims arising from past and
future deliveries have been settled in full.
The purchaser hereby assigns to the Vendor all claims from the re-sale
of the goods to which title is reserved and the seller accepts this assignment.
The buyer shall notify the seller without delay if the goods to which the title
is reserved or the claims resulting from the re-sale of the goods have been
transferred to a third party. At the
seller’s request the buyer shall notify the seller of the debtors of the
assigned claims the exact amount due and the date upon which the claims arose.
The seller shall be entitled to disclose the assignments and to collect the
claims itself. After full payment of all
of the seller’s claims arising from business dealings with the buyer the goods
to which title is reserved shall automatically become the property of the
buyer.
19.These conditions can in no way
be invalidated by any conditions of the purchaser. 247 Lighting is a Trading
name of Irwin Group Distribution Ltd.
E.&.O.E.