1. Gripfix Ireland Ltd (“The Company”) contract with every other party (“The Customer”) is subject to and upon the following terms and conditions which shall govern the sale of all the Company’s goods and the provision of any services to be provided in connection with the goods, notwithstanding any terms or conditions (whether oral or written) or purported variations contained on any Order or correspondence submitted by the customer to the Company unless same are accepted in writing by a duly authorised officer of the Company. Save as herein before provided for, no employee or agent of the company has authority to vary, add to or depart from these terms and conditions or make any representation in relation to the goods sold or any services provided hereunder or the Contract made herein. The contract between the Company and the customer is constituted by the Company’s confirmation subject to these terms and conditions of the Customer’s order and acceptance of the Company’s confirmation shall constitute acceptance of these terms and conditions. No quotation of the company forms part of the contract. No variation or waiver of these terms and conditions or of the contract shall be effective unless agreed in writing by an authorised officer.
2. Information given in price lists, photographs, illustrated matter and descriptive or other literature relating to the goods is to the best of the Company’s knowledge and belief correct, but is not warranted to be accurate and does not form part of the contract.
3. The Company’s goods are sold at the prices shown at the date of invoice. The Company’s prices of goods do not include delivery from its premises to the Customer’s premises unless otherwise specified on the Company’s confirmation of order form or invoice.
4. All goods are invoiced on the date of despatch or when the goods are ready for despatch, whichever is the earlier, invoices must be settled promptly and, in any event, not later than 30 days from the end of the month in which the goods are invoiced.
5. All display stands and display bins are provided to display Gripfix Ireland Ltd stock and remain the property of the Company. Gripfix Ireland reserve the right to retrieve the display stands/display bins at any time unless they have been purchased outright by the Customer at commercial value.
6. Unless expressly quoted as including VAT, all prices are exclusive of value added tax or any other government taxes or duties which, if applicable, shall be paid by the Customer.
- a) All goods supplied to the Customer shall remain the property of the Company until the entire of the purchase price payable by the Customer to the company has been paid in full and until such payment, the Customer shall hold all goods supplied hereunder and all goods supplied in trust for the Company.
- b) The Customer shall be entitled to re-sell the goods and to pass the property in the same to third parties in the normal course or business but the proceeds of such re-sale will be held on trust for the Company until such time as all sums owing to the Company have been paid.
- c) If any amount owing by the Customer to the Company is overdue, the Company may without prejudice to any of its other rights or remedies, whether at law or under the provisions of these terms and conditions of sale, repossess and re-sell any or all of such goods and may with or without the Customer’s permission enter upon the Customer’s premises to take possession of the goods to which title is hereby reserved.
- d) The provision of this clause shall not entitle the Customer to refuse or delay payment on the grounds that the property in the goods supplied may not have passed.
- e) All risks in the goods shall pass to the Customer immediately after they are dispatched by the Company or are ready for despatch, whichever is the earlier.
8. As a condition precedent to recovery of the total or partial loss of or a shortage in or damage to any goods supplied thereunder, every claim for same must be made in writing by the Customer without delay and in any event, within seven days after the receipt of such goods by or on behalf of the Customer.
9. The Customer undertakes to ensure that all Product Data Sheets, warnings, notices or instructions concerning the proper application, fitting, servicing, or use of the goods are passed to any subsequent buyer. The Customer undertakes that he will not alter, remove or interfere with maker’s labels or protective packaging on or supplied with the goods and that he will observe all recommendations and instructions of the Company as to the correct storage, installation and use of the goods. The Customer will protect and indemnify the Company in full against any claims arising from a failure by the Customer to carry out this obligation.
10. No agent, distributor, dealer or representative appointed by or representing the Company is authorised to make or give any representation or warranty or enter into any commitment on behalf of the Company not in accordance with these Terms and Conditions unless the same is confirmed in writing by the Company.
11. The Company warrants that:
- a) At the time of sale, it will have title to sell the Goods to the Customer; and
- b) The Goods sold to the Customer will conform with the specification for them published by the supplier or their manufacturer.
12. If the Company is in breach of the warranties given by it under clause 10, its liability shall be limited to:
- a) Replacement of the Product concerned or
- b) At the option of the Company, reimbursement of the price
13. The Company shall have no further liability to the Customer other than as described in Clause 11, whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of goods.
14. Guarantee terms are subject to manufacturerâ€™s warranty and conditions. The Company shall not under any circumstances be liable to the Customer by reason of any representations or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) whether occasioned by the negligence of the Company, its employees or agents or otherwise, even if advised of the possibility of such damages.
15. Goods correctly dispatched in accordance with a Customerâ€™s order shall not be returned without the consent of the Company. The Company reserves the right not to accept goods returned for credit, however, if goods returned are accepted for credit, the amount credited shall be 15% less than the value at which the goods were invoiced. Goods returned for any reason must be sent carriage paid.
16. These conditions and all terms of every contract between the Company and the Customer shall be governed by and construed in all respects in accordance with the laws of the Republic of Ireland and the Customer agrees to submit to the Jurisdiction of the Irish Court in the event of proceedings being instituted.
17. In addition to such other rights as the Company may have, the Company shall be entitled to charge interest on overdue amounts at the rate of 2.5% per month.
18. The property in the goods shall remain in the Sellers control until all sums due and owing on any account by the Purchaser are paid in full.
Company Incorporated in Ireland (No: 520045)