Conditions of Sale

Standard Conditions Of Use

1. All these conditions shall apply to every order for goods or services accepted or given by the Company, and every sale, purchase or other dealing by the Company shall be subject to these conditions. No employee, agent or representative of the Company nor any other person being or purporting to be an agent of the Company has any authority to vary these conditions in any way, and if any persons has purported to vary these said conditions or to give any guarantees, terms, assurances, warranties, or representations in respect of any matter or thing in connection with any contract made by or with the Company, any such variation, guarantee, term, assurance, warranty or representation is hereby withdrawn and cancelled and replaced by these conditions which shall alone apply to the contract.
2. All express conditions, warranties, guarantees or other representations made by or on behalf of the Company in respect of any contract or transaction to which these conditions apply are hereby revoked, and all implied terms, conditions and warranties whether implied by statute or at common law or otherwise howsoever are hereby cancelled and excluded, and neither the Company nor any of its employees, agents or representatives shall be liable to any person dealing with the Company pursuant to these conditions, neither in contract nor in tort nor in respect of any negligence on the part of the Company or its employees, agents or representatives nor otherwise howsoever save to the extent provided by clause (2.1) hereof.
   1. The Company shall repair any equipment or any part of any equipment supplied but it must be shown to the satisfaction of the Company to have been defective in workmanship or material provided that:
      1. Written notice of the complaint is given to the Company within seven days of the date when the defect was discovered or could by reasonable diligence have been discovered.
      1. The part is returned carriage paid to the Company, whereupon it shall become, in the event of its being replaced, the absolute property of the Company.
      1. The defect has not been caused by any careless or improper treatment, nor by inadequate lubrication nor by neglect of proper adjustment nor by any other omission to comply with any instructions given by the Company nor by any departure from the advice, instructions or directions of the Company or any other person being manufacturer or supplier of the equipment or part.
      1. The written notice of the complaint is received by the Company not later than the expiration of 3 months from the date upon which the equipment or part was delivered by the Company to the customer to whom it was first supplied; but if the equipment or part is being used on more than one shift per days the said period of 3 months shall be proportionately reduced.
      1. No part or other appliance of any kind which was not supplied by the Company has been fitted to the equipment sold.
      1. The Company shall not be held responsible for the cost of removing or transporting the defective part, nor of fitting the part.
      1. Any such new or replacement part will be delivered by the Company carriage paid to the customers nearest collection centre in Republic of Ireland, United Kingdom or f.o.b Port of Exportation.
3. In cases where any equipment or parts are supplied by the Company which are not manufactured by it, the Company shall use its best endeavours to obtain for the customer the benefit of any conditions, warranties, or guarantees given by the manufacturer or supplier to the Company in respect of the said equipment or part the Company shall not itself be liable in any matter whatsoever, whether pursuant to clause (2.1) hereof or otherwise in respect of any such equipment or part.
4. Neither the Company nor any of its employees, agents or representatives shall be liable for any consequential loss or damage howsoever caused in respect of any goods or services supplied by the Company hereunder and shall be exclusively and solely limited to its liability under paragraph (2.1) hereof.
5. All goods supplied by the Company shall remain the sole exclusive property of the Company until they have been paid for in full, and goods in the possession of any customer of the Company which have not been paid for in full shall be the possession of that customer solely as Bailee, and upon condition that they must be returned to the Company in full and in good condition immediately upon demand; and the Company may and is authorised for its employees and agents at any time whether day or night to enter upon any premises of any such customer who is in possession of any such goods as bailee aforesaid and take back the said goods, without any obligation to give any notice to the Company’s intention to do so nor to make any previous demand for the return of the said goods to them. The price of the said goods shall for the purpose of this clause be deemed to include all the costs of transporting and delivering the same which has been borne by the Company and any other sums due by the customer to the Company in respect of the said goods, whether for insuring, repairing or maintaining the same or otherwise howsoever.
6. Unless otherwise stated, every tender or quotation by the Company shall be deemed to have been given by the Company upon the date of posting.
7. The Company may revoke its acceptance of a customer’s order without being obliged to give any reason for having done so, at any time between the said acceptance and delivery of the goods or services the subject of the said order.
8. If there is any increase in the cost to the Company of any materials, labour or other expense arising in connection with a contract or order between the date of acceptance and the day of delivery of the goods or carrying out of the services, the Company shall be entitled to add to the contract price a reasonable sum to cover the cost of any such increase.
9. The customer shall provide the Company with all information needed by the Company for fulfilling any order or carrying out the terms of any contract and if a customer delays in providing any such information the Company may at its own option either (a) cancel the order to rescind the contract or (b) charge the customer over and above the contract price, a fair and reasonable sum to compensate the Company for any loss caused through any such delay.  If the Company opts, pursuant to this clause to cancel the order to rescind the contract, the customer shall be indebted to the Company for the amount of any loss suffered or incurred by the Company in connection with the order or contract.
10. While the Company will make every effort to deliver the goods or perform its obligation by the time or date given in any tender, quotation or other offer made by the Company, no such time or date shall form a contract, but shall be regarded as a business estimate only, and not as a term subjecting the Company to any contractual liability in respect thereof.  No customer shall be entitled to cancel or in any way modify the terms of any order given by him to the Company by reason of any delay or failure to complete any contract by the time or date first estimated by the Company, neither delay or failure to complete any contract by the time or date first estimated by the Company.  Neither shall any compensation or abatement in any contract price be allowed by the Company in respect of any such delay.  Unless otherwise agreed in writing by the Company all goods shall be sold ‘factory gate’, and transport of these goods from the Company to site shall be the responsibility of the Customer. 
11. The statements as to output, power capacity or otherwise contained in any drawing catalogue or specification or other documents (including electronic data) issued by the Company shall not be regarded as forming part of any contract entered into with the Company unless such statement is specifically guaranteed in writing by the Company.
12. Manufacture or acquisition of all equipment supplied by the Company will only be commenced after receipt of a 30% deposit to paid by the Customer, and all further payments for the Company goods or services shall be made net to the Company’s head office on or before delivery of the goods unless expressingly stated in writing by the Company, and the Company shall be entitled to require payment in whole before delivery of goods.
13. All sums unpaid before due date or dates for payment pursuant to these conditions or any contract hereunder shall bear interest at the rate of 2% per month until payment.
14. The contract price will be payable by the customer in full upon the date or dates and otherwise in accordance with the term fixed by or pursuant to clause 12 hereof notwithstanding any delay in delivery or performance under the contract on the part of the Company or any adjustment or correction of defects which may be required to the plant, machinery or work. The Company may suspend the performance of any contractual obligation to the customer, including the delivery of goods to him, so long as any sum due by the customer to the Company is unpaid in whole or part after its due date.
15. Dispatch of any goods from the Company’s premises shall constitute delivery of the said goods into possession of the customer notwithstanding anything to the contrary which may be contained in any tender or order form, whether issued by the Company or a customer or otherwise howsoever.  Immediately upon any such dispatch the customer shall be deemed to become bailee to the goods, from the Company, and shall as such accept full responsibility for the safety of the goods, and shall bear the risk of any loss damage or injury thereto or to any part thereof however caused.
16. Reasonability for insuring the goods once dispatched by the Company shall rest solely with and be at the sole charge of the customer.
17. Any dispute between the customer and the Company arising out of any contract between them, or these conditions, or any matter or anything connected therewith may at the option of the Company be referred to the arbitration of a single arbitrator to be agreed between the customer and the Company or in default or agreement to be appointed by the president for the time being of the British Mechanical Federation and the Arbitration Acts for the time being in force shall apply to any such arbitration.
18. All contracts between the Company and the customer and these conditions of sale shall be governed in all respects by the law of Northern Ireland.