Standard Terms & Conditions of Trading – Wm. O’Donnell Engineering (Emly) Ltd.
In these conditions:
“Company” means Wm O’Donnell Engineering (Emly) Ltd whose registered office is at Tulla, Emly, Co. Tipperary, Ireland. E34 YR91.
“Customer” means the person or company who places an order for the purchase of goods from the company.
“Goods” means any product normally sold by the company.
“Contract” refers to any contract or subcontract for the supply, delivery and fitting or erection of goods.
No variation to these conditions shall be binding unless agreed in writing by a director of the Company. Any typographical, clerical or other error or omission in any sales literature, quotation, invoice or any other document issued by the company shall be subject to correction without any liability on the part of the company.
In certain circumstances these standard terms and conditions may be supplemented by additional written terms and conditions in respect of goods or work of a specialist nature.
2. Orders & Cancellations
- All orders for Goods which the Company deems to be “Specials” must be received in writing before production can commence
- No order which has been accepted by the Company shall be amended or cancelled by the Customer except with the written agreement of the Company. Failing such written agreement, the Customer shall be responsible for the costs of any amendment and in the case of cancellation shall be responsible for all costs damages expenses and loss of profits incurred by the Company.
- Goods sold ex stock are subject to availability at time of sale.
3. Prices & Quotations
Unless otherwise stated, prices quoted are based on costs current at time of quotation and will remain effective for a period of 30 days. The company reserves the right to charge all subsequent increases up to the date of delivery without notice.
- Goods will be delivered by the Company if specifically requested at the time of order or may be collected by Customer.
- Where Goods are to be delivered, the Customer must ensure adequate access to the specified destination. The Company will take reasonable care in the delivery and unloading of goods, but will not be responsible for the damage to roadways, pipes, manholes, vehicles or buildings caused by the required unloading actions.
- The delivery vehicle driver will have the final decision on the unloading point having regards to Health & Safety regulations
- The Company reserves the right to make a charge for delays, part load deliveries, handling fee for goods returned or waiting time at the place of delivery arising from the factors outside the Company’s’ control.
- At the time or order, the Company may give indication of the date and time of delivery, but will not be responsible for any delays howsoever caused.
5. Terms of Payment / Account or Cash Sale
- Unless agreed otherwise in writing, payment is due in full within 30 days of date of invoice, or in the cause of cash sales it will be cash on delivery.
- The Company reserves the right to charge interest at a rate of 3% per month on overdue accounts.
- In the case of “Specials” or certain contracts, the Company may insist on a deposit prior to commencement of work, the amount to be agreed in writing in advance.
- Failure to make payment in full by due date may result in suspension of supply of goods on credit, and may in certain cases give rise to legal action for recovery of all amounts outstanding.
6. Risk & Property
Risk of damage to or loss of the Goods shall pass to the Customer:
(a) in the case of Goods collected by the customer, at the time the Customer or his agent signs a delivery receipt; or
(b) in the case of Goods delivered by the Company, at the time of delivery
Notwithstanding passing of risk in the Goods, the title in the Goods shall not pass to the Customer until the Company has been paid in full for the Goods.
Until title in the Goods passes to the Customer, the Customer shall hold the proceeds of the sale of the Goods upon trust for the Company in a separate bank account and shall at all times be identified as the Company’s money.
The Company shall be entitled to recover the price of the Goods including VAT notwithstanding that the title in the Goods has not passed to the Customer.
Until such times as title in the Goods passes from the Company, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the seller. If the Customer fails to do so, the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and reposes the Goods.
These Conditions and the Contract between the Company and the Customer shall also be governed by the laws of the Republic of Ireland.