Frank Flanagan Fittings Limited
Terms of Business & Conditions of Sale
IN THESE CONDITIONS "THE COMPANY" SHALL MEAN FRANK FLANAGAN FITTINGS LIMITED AND "THE PURCHASER" SHALL MEAN THE PARTY OR PARTIES WHOSE ORDERS ARE ACCEPTED BY THE COMPANY AND/OR THE PARTY OR PARTIES TO WHOM AN INVOICE IN RESPECT OF THE ORDER OR ORDERS IS SENT TO IT OR THEIR SERVANTS OR AGENTS
These Conditions shall prevail notwithstanding any printed or other Condition contained in any Purchase Order, Acceptance or Quotation otherwise brought to the Company’s notice. No other agreement, representation, promise, undertaking or understanding of any kind, unless expressly accepted in writing by the Company shall alter, vary, supersede or operated as a waiver of these conditions
2. ORDERS & QUOTATIONS
All quotations by the Company are subject to confirmation or alteration on receipt by the Company of the Purchaser’s order. An order or orders is or are accepted by the Company on the basis of these conditions solely and subject to the availability of goods. The purchasers accept and shall be subject to these Conditions which are the only basis on which business is transacted by the Company.
The price payable for goods shall be the price as stated in the invoice and any prior quotation or quotations shall be liable to change up to the date of invoice. The Company specifically reserves the right to pass on to the Purchaser increases in costs to it after a Purchaser Order has been received and before delivery caused by:
All sums invoices by the Company to the Purchaser are payable nett within Thirty days (30). Payment of all sums due is a condition precedent to future deliveries.
Accounts unpaid at the expiry of 30 days from the date of the Invoice entitle the Company to charge interest on the outstanding sum overdue by the Purchaser at the rate of 2 per cent above the maximum overdraft rate charged by the Irish Clearing Bank.
Dates for delivery are given in good faith and as accurately as possible but are not guaranteed.
On delivery of the invoiced goods at the Purchaser’s premises at the location designated by the Purchaser, the Purchaser shall take responsibility for and assume the risk in the invoiced goods
Any claim for shortage in the invoiced goods or in respect of any damage to the goods in transit must be notified in writing to the Company within 3 days of receipt of goods by the Purchaser.
When the Company delivers to the Purchaser goods corresponding to the order accepted by the Company the goods shall not be returned by the Purchaser to the Company without the prior written consent of the Company.
If in any case the Company agrees in writing to the return of goods supplied a handling charge of 10% of the Purchase Price shall be payable by the Purchaser and the Purchaser shall in addition be liable for any deficiency arising on a resale of the goods together with the costs of such a resale.
6. PART DELIVERY
The Company reserves the right to deliver an invoice on part delivery. Where an Order is fulfilled in part or in parts, the part or parts of the delivery or deliveries shall constitute on each occasion a separate contract governed by these conditions and the Purchaser shall not be entitled to refuse to take delivery or pay a reasonable proportion of the price invoiced for the entire on the grounds that the goods have been delivered only in part. Notwithstanding the foregoing every reasonable effort shall be made by the Company to complete an order.
7. SUPPLY OF GOODS
The Company may not always supply and invoice the exact quantity ordered. The Company reserves the right to supply in satisfaction of an order up to but not exceeding 10% excess or 10% deficiency in the quantity ordered without any liability to the Purchaser and the Purchaser will pay for goods on the basis of the Invoice supplied whether the quantity of goods are in excess or not.
8. TERMINATION OF CONTRACT
The Company has the right to terminate any contracts, suspend delivery and stop goods in transit on any of the following events:
9. FORCE MAJEURE
The Company will have the right to cancel or delay delivery or reduce the amount delivered if it is prevented from or hindered in or delayed in delivering by normal route or means of delivery the goods ordered by the Purchaser through any circumstances beyond its reasonable control including but not limited to strike, lock-outs, armed conflicts, fires, accident, shortage of raw materials or fuels, any failure or shortage of supply or any breakdown of machinery from the Company’s normal sources or routes of supply.
10. QUALITY AND PURPOSE
Any Condition warranty or statement as to the quality of the goods or their fitness for any purpose whether expressed or implied by statute custom of the trade or otherwise is hereby excluded unless given expressly in writing by the Company.
To the extent permitted by law and by the manufacturer concerned, the Company will pass on to the Purchaser the benefit of all warranties and guarantees given to the Company by its supplier subject to the terms thereof when the goods include or consist of products not manufactured by the Company.
All drawings, photographs, illustrations specifications, performance data, dimensions, weights and the like whether contained in the Contract or made by way of representation are provided by the Company in the belief that they are as accurate as reasonably possible but do not constitute a description of the goods and will not be taken as such by the Purchaser and are not warranted to be accurate.
11. CONSEQUENTIAL LOSS AND DAMAGE
The Company will not be responsible in any way under any circumstances for any damages, consequential loss, delays expenses’, loss or injury directly or indirectly caused to any person, firm or corporation in or arising out of the sale of goods or any equipment or the furnishing of data or advice or the giving of instructions of any nature whatsoever.
It is expressly agreed that the Company’s liability to the Purchaser in respect of the consequence of any breach or non-performance of this Contract or in negligence in the performance of its’ duties arising in relation to the contract howsoever caused or arising shall not exceed the price to the Purchaser of the goods concerned.
12. RETENTION OF OWNERSHIP
Notwithstanding delivery of possession and the passing of the risks in the goods the ownership of all goods supplied by the Company shall remain vested in the Company until paid for in full.
In the event of the Purchaser’s failure to pay any sums due to the Company within 30 days of the date of Invoice or such reasonable extension thereof as the Company may allow or in the event of the Purchasers insolvency the Purchaser shall on demand by the Company return at its’ expense the goods the subject of the demand.
The Company is further expressly authorized in the event of the failure of the Purchaser to pay for the goods within the said period of 30 days to enter onto its’ premises and retake possession of the goods for which payment or part payment remains due and in the event of the Company retaking possession of the goods supplied the Purchaser shall be liable for the costs involved in taking possession and the deficiency in price, if any, on a resale, together with the costs of such resale and in the event of part payment only shall be entitled to deduct the said costs from the monies in hand.
The Purchaser holds the goods and the proceeds of any sub-sale as Bailee for the Company.
13. SALE OF GOODS AND SUPPLY OF SERVICE ACT, 1980.