GENERAL CONDITIONS OF SALE
In these conditions the term the Company means O’Donovan Enterprises Ltd., t/a FIREBIRD BOILERS, and the term goods: all article manufactured assembled and/or sold by the Company. The Company’s registered office is Udaras Industrial Estate, Ballymakeera, Co. Cork, Ireland and Irish registration No. is 070525.
QUOTATIONS:
Are submitted without engagement and are therefore subject to confirmation by the Company when a contract is made. Drawings, dimensions and weights and other informative details submitted are approximate only. Illustrations and catalogues are not binding for the execution of orders as the construction of apparata is being continuously improved.
ORDERS:
All contracts shall be deemed to have been made in the Republic of Ireland in accordance with these Conditions of sale and they shall be interpreted according to the laws of the Republic of Ireland. The prices in the Company’s acceptance of order are based upon the value at the date of issue of the acceptance of order. Fluctuations in the exchange rate, devaluation and similar changes are the purchaser’s risk. The Company expressly reserves its right to withdraw at any time from any contract entered into and the Company cannot be held responsible for any claims for damages, subsequential loss in any form or otherwise as a result of such a withdrawal.
TIME OF DELIVERY:
The Company will not be responsible for any delays in delivery of goods, whether such delays are caused by circumstances over which the Company has control or otherwise nor for damages or other loss caused by the purchaser or other party as a consequence of such delays and the Company at its discretion may refuse to accept purchasers cancellation of an order or part thereof, such intended cancellation resulting from a delay in delivery. Claims for short deliveries damage and/or other must be placed with us immediately. Claims reaching us later than 7 days from date of our invoice cannot be entertained by us. In the case of cross channel and overseas deliveries the above applies except that the limit extends to 7 days from date of signature for receipt of goods.
DAMAGE AND LOSS IN TRANSIT:
Unless the Company specifically states otherwise in its quotation and/or acceptance of order goods are priced “ex works packed” and the liability and risk for loss or damage in transit rest with the purchaser. Arrangements for transport of goods are made by the Company for the purchaser as a courtesy only and any claims arising from inadequate transport are a matter between purchaser and transporter. The Company is not a transporter. Insurance to cover the transport risk will be effected by the Company and for on behalf of the customer at his request and expense.
SPECIAL DELIVERY ARRANGEMENTS:
It is clearly understood that arrangements for transport of goods are made by the Company for the purchaser as a courtesy only and any special delivery arrangements such as special packing, export crating, insurance, etc. will be charged to the Purchaser at cost plus handling and administration charges.
OWNERSHIP:
It shall be a fundamental condition and of the essence of the Contract that notwithstanding delivery to the Purchaser or as the Purchaser shall direct the ownership in goods shall not pass to the Purchaser or any other person until all monies due to the Company in respect of the said goods or any other goods have been paid. Neither the Purchaser or any other person shall, while any such money remains unpaid, mortgage, charge or pledge as security or to be taken as part of his Estate in the case of any winding up liquidation, bankruptcy or arrangement with his Creditors without the consent in writing of the Company.
PAYMENT:
The currency in which payment for goods is to be made is the currency referred to in the Invoice in respect of the said goods. Payments shall become due (except when the Company requires payment in advance) as stated by the Company on its Invoice or Invoices. The Purchaser shall pay the Company interest on any money due and unpaid from the date on which payment becomes due until the payment has actually been made at the rate of 3 per cent over Irish Banks rate for loans in Class A during the period in respect of which interest is payable. Payment becomes due and interest becomes payable irrespective of any delay in transit, freight or collection which is not solely due to wilful default on the part of the Company.
ALTERATIONS IN PRICE & SPECIFICATIONS:
The Company reserves the right to alter any prices or specifications at any time without notice and all goods are sold subject to prices and conditions ruling at the time of delivery. Only in the event of the contract price being increased by more than 10 per cent shall the purchaser have the right to refuse acceptance of any goods contracted to be purchased except if the increase in cost is due to a devaluation of currency and/or inflation or if the cost of labour and/or raw materials have increased or if the necessity for an increase has arisen from an error in the original pricing.
WARRANTY:
The Company will repair or replace free of charge goods or any part of such goods, which are defective due to defective materials or workmanship, only provided:
(a) They receive forthwith on the defect being ascertained notice of the defect, and such defect has arisen within three months from the date of purchase and the goods or the defective part of such goods are returned to them at the purchasers expense and risk to their factory within such period of three months.
(b) The Company is satisfied that the defect in the goods is not due to wear and tear, accident, mis-use, improper operation or neglect.
(c) The goods have not been altered or used to carry loads or for any purpose other than those for which the goods are suitable as shown in the Company’s literature.
(d) The cost of labour is paid for by the purchaser.
The Company shall not be responsible for any delay in repairing or replacing defective parts nor for any consequential loss sustained by the purchaser by reason of such defects nor for any damage of the goods while in transit or from the purchaser’s premises or while in the possession of the Company.
The above mentioned provisions replace all warranties, terms and conditions as to the quality and conditions of any goods or their fitness for any particular purpose or compliance with any description and all such warranties, terms and conditions which arise by implications of law or otherwise howsoever on the sale or repair of any of the Company’s, are hereby expressly excluded. This exclusion shall apply whether the express warranty hereby given does or does not apply to the particular goods sold.
STRIKE CIAUSE:
Any contracts that the Company enters upon may be dissolved on the part of this Company without notice or reimbursement also in the case of strike, lockouts, force majeure, war, whether declared or undeclared and other events which may interfere with proper settlement of the Company’s obligations, and which are beyond the Company’s control or otherwise.
JURlSDlCTlON:
The contract (or contracts) the subject matter of this sale (or sales) is (are) deemed to have been effected at Ballymakeera in the County of Cork, Ireland. In case of dispute the courts in Macroom or any other location at the Company’s choice apply.
IMPORT DUTIES:
The purchaser explicitly undertakes and agrees to pay all costs arising from import and export duties, levies surcharges temporary or otherwise and all other charges, imposed by Governments during the existence of his purchasing contract with the Company. This applies also where the Company agreed to supply goods “carriage and all expenses paid home” to purchasers premises and the purchaser further agrees not to cancel his purchasing contract with the Company by reason of such Government introduced import or Export duties, levies, surcharges, temporary or otherwise or other charges except in cases where the Company gives its consent for such cancellation in writing to the purchaser, and the purchaser agrees that all quotas, embargos, restrictions and other actions imposed and/or caused by Government directly or indirectly during the existence of the contract between the purchaser and the Company which may interfere with the proper settlement of the contract are his risk.
COMPLAlNTS:
In the event of complaint regarding quality, specification or calculation as to price or otherwise, such a complaint must be furnished in writing within 7 days of receipt of goods or completion of part services rendered, setting our specifically all grounds of alleged complaint. If this term is not compiled with absolutely, said complaint is not sustainable.
OTHER CONDITIONS:
The foregoing conditions overrule any conditions, which the purchaser may include with orders unless the purchaser expressly states otherwise within 7 days after the Company’s acceptance of order has been dispatched.