Terms and Conditions
TERMS AND CONDITIONS OF SALE OF A.M. DUNNE & SON LIMITED
In these Conditions of Sale:
“the Company” means A.M. Dunne & Son Limited.
“the Buyer” means the person, the firm or Company ordering or buying Goods from the Company.
“the Goods” means the Goods the subject matter of the relevant order or contract of sale.
These terms and conditions shall apply to all sales of Goods and no variation or purported variation, whether before or after the making of the contract, shall have effect unless expressly agreed to in writing by the Company.
No contract in respect of the Goods between the Company and the Buyer shall exist until the Company has accepted the Buyer’s order in writing.
All prices shall be as specified in the Company’s price list as published from time to time and shall be inclusive of normal packaging but exclude of VAT and any other applicable taxes or duties and the cost of any import or other licences or clearances.
Quoted prices include the cost of normal packaging but exclude delivery insurance, VAT or installation charges (where applicable).
4. Terms of Payment
Unless otherwise agreed in writing, payment shall be made on credit account no later than thirty days of the date of the Company’s invoice.
The Company reserves the right to charge interest on overdue sums calculated on a daily basis at a rate of 5% per annum above the Base Rate for the time being of Allied Irish Banks plc until the date upon which payment is made.
If the Buyer does not have a credit account, the Buyer can request a credit account application form. The Company requests that the name and address of the Buyers Bank and three trading references should be submitted with the application.
Whilst the Company will use its best endeavours to deliver the Goods in accordance with the buyer’s requirements, the Company will not be liable for any consequences of late delivery however caused.
6. Transfer of Ownership
The property in the Goods shall remain in the Company until the Company has received payment in full for all sums due and owing on account by the buyer.
Until title to the Goods passes to the Buyer:
- The Buyer will hold those Goods as the Company’s bailee.
- The Buyer will protect, store and identify the Goods by reasonable means so that they can be recognised as the property of the Company.
- The Buyer may use the Goods or sell them in the ordinary course of its business
- If the Buyer is in breach of any of its obligations to the Company, or the order or the contract for the supply of Goods is cancelled or capable of being cancelled, and provided the Goods are still in existence and have not been resold, the Company may with or without previous notice, retake possession of the Goods (and for that purpose to go upon any premises occupied by the Buyer).
If the Goods or any of them are damaged or lost while in the custody of a carrier, the Company will (at its option) either replace such Goods or refund to the Buyer the cost or price of them, but the Company’s liability in connection with any such Goods will not exceed the cost of replacement of them or the price paid by the Buyer for them.
The Company will not be under any liability unless the following conditions are complied with:
a. In the event of non-delivery of a whole consignment of Goods the Buyer must inform the Company in writing within 7 working days of the date of the Invoice.
b. In the case of damage to Goods or loss of part of a consignment the consignment note must be endorsed accordingly and the Buyer must notify the Company within forty-eight hours of delivery.
8. Force Majeure
The Company reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riots, hostilities, non- availability of materials or supplies or any other event outside the control of the Company: and the Company shall not be held liable for any breach of contract resulting from such event.
If the Buyer
a. Fails to comply with any term of the contract (including stipulations as to payment)
b. Commits an act of bankruptcy or makes an arrangement or composition with creditors
c. Resolves or is ordered to be wound up or has a receiver appointed
Then, in any such event, the Company shall have the right (without prejudice to any other remedies) to cancel any uncompleted order and withhold or suspend delivery of further Goods, and to demand payment of all sums due by the Buyer to the Company.
10. Governing Law
These conditions of sale shall be construed in accordance with Irish Law.