TERMS & CONDITIONS OF SALE:
If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Company, the Company may at its sole discretion store the Goods until actual delivery and charge the Customer the reasonable costs (including insurance) of storage or sell the Goods at the best price reasonably obtainable and charge the Customer for any shortfall below the Price (having deducted all reasonable storage and selling expenses).
Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any loss incurred by the Customer (or any third party) by reason of any delay in delivery of Goods howsoever caused. Time for delivery shall not be of the essence unless agreed by the Company in writing.
If the Customer fails to make any payment on the due dates then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries / Services to the Customer and to charge the Customer interest (either before and/or after any judgement) on the amount unpaid at the base rate charged by the Company’s bankers per annum until payment is made in full.
No payment may be withheld nor may any counter-claim of the Customer be set-off against the payment without the consent in writing of the Company. The Company shall be entitled to charge with an amount equal to all costs and expenses (whether incurred pursuant to the issue of legal proceedings or not) incurred by the Company in any way connected with the collection of monies from the Customer which have not been paid when due, on being so informed by the Company of such amount.
Were discounts (whether trade or settlement) are given by the Company (and noted as such on the Company’s invoice), such discount is given on the basis that the Price shall be paid in full in accordance with these terms & Conditions and, in the event of failure by the Customer to do so, the Company reserves the right to debit back against the Customer the amount of any discount so given.
The Company shall have no liability or responsibility to the Customer (or any third party) for any loss or damage caused by reason of the Customer’s failure to follow Instructions and the Customer hereby indemnifies the Company against all such loss. Any instructions given by the Company or its employees or agents to the Customer or its employees or agents as to the installation, commissioning, use and/or maintenance of Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any Instruction which is not so confirmed in writing.
Items of equipment or parts for Service are accepted by and remain in the Company’s custody at the Customer’s risk and the Company shall not be liable for any loss or damage to such items howsoever caused. The company gives no guarantee or warranty in connection with any service provided once items services have been delivered to the Customer. The Customer shall be entitled to inspect such items at the Company’s premises to ensure that Services have been performed by the Company in accordance with the Customer’s instruction.
The customer shall be responsible for examining all deliveries of the Goods to ensure that they are satisfactory to the Customer and suitable for the purpose for which the Customer intends to use them. No claims for shortages or damages or for the quantity, suitability or condition of the Goods will be entertained by the Company unless notified to the Company in writing (whether on the delivery docket or otherwise) at the time of delivery of the Goods. Such claims must be substantiated by evidence reasonably satisfactory to the Company. The Company’s liability in the event of any substantiated claim for any shortages or damages shall, at the option of the Company, be limited to supplying further goods to meet the shortage or further goods to replace the damaged Goods or crediting the Customer with an amount equal to the value of such shortage or damaged Goods.
When any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet any agreed specification is notified to the Company in accordance with these Terms & Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the Price (or proportionate part of the price) but the Company shall have no further liability to the Customer.
Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any agreed specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from date of delivery or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Customer does not notify the Company accordingly the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the Price as if the Goods has been delivered in accordance with the Contract.
13.All Oriel Flues Ltd products must be installed by a competent qualified professional holding Public/Products & Employers Liability Insurance. All installations must comply with the relevant building regulations and in accordance with the appliance manufactures instructions.
A waiver by the Company of any of the foregoing conditions does not constitute a general waiver of the Terms & Conditions herein.
The Customer shall not assign or transfer or purport to assign or transfer to any other person the Contract or the benefit thereof.
The Company and the Customer consider that the Terms Conditions herein are reasonable in the circumstances but if any such Term or Condition shall be judged or held to be void or unenforceable for whatever reason but would be valid if part of the wording were deleted the said Term and Condition shall apply with such modification as may be necessary to make it valid, effective and enforceable and in any event, the other Terms & Conditions herein shall not be affected but shall remain in full force and effect.
The Contract and these Terms & Conditions and the interpretation thereof shall be governed by the laws of the Republic of Ireland and the Customer and the Company shall be deemed to have submitted to the non-exclusive jurisdiction of the courts of the Republic of Ireland & Northern Ireland.