GENERAL TERMS AND CONDITIONS OF SALE
RCC (IRL) LTD
1.1. Each and every contract entered into by RCC (Ireland) Ltd (herein after called the “Company”) with any other party (herein after called the “Customer”) is subject to the conditions hereinafter set out.
1.2. These conditions (“Conditions”) govern all sales and supply of goods by the Company to the Customer to the exclusion of any other or further terms and conditions. These Conditions shall be deemed to form part of any contract between the Company and the Customer. No variation oral or otherwise to these Conditions will be binding unless confirmed in writing as such by a director of the Company.
1.3. Any descriptions or illustrations in the Company’s catalogues, price lists or other advertising materials are intended merely to represent a general idea of the goods and shall not form representation or be
1.4. Any concession or waiver made by the Company at any time shall not prejudice the exercise of its right
1.5. The Customer is deemed to have satisfied himself that the goods are suitable for the purpose and capable of performing the function and use to which it is intended to put them.
1.6. A customer wishing to purchase goods should obtain from the Company a quotation for those goods either by contacting the Company directly or through consulting the updated version of the Order Catalogue issued. Any quotation from the Company shall be valid for the period stated thereon, otherwise for a period of 30 days only form the date, provided the Company has not previously withdrawn it.
1.7. By placing of an order with the Company, the Customer confirms that it has read the Conditions herein, that the Customer understands and accepts same and the Conditions are binding on both parties.
1.8. The Customer’s order must be in writing and signed by an authorised purchasing officer of the Customer quoting relevant order number. Under no circumstances will orders be despatched unless an official written order has been received by the Company. Whilst every care has been taken in compilation of the order Catalogue, the company cannot accept any responsibility for omissions or errors. Where errors or omissions occur and are brought to our attention they will be corrected in future revisions of the Catalogue.
1.9. No binding contract shall arise until the Company has notified its acceptance of the Customer’s order or (if earlier) the Company delivers the goods to the Customer. This contract of sale is governed by the laws of the Republic of Ireland and the parties submit to the exclusive jurisdiction of the Republic of Ireland.
2. Delivery and Non-Delivery
2.1. Any dates specified by the Company for delivery of the goods are intended to be an estimate and the time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.
2.2. The Company shall not be liable for any non-delivery of goods(even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non-delivery within 7 days of the date when the goods in the ordinary course of events would have been received.
2.3. Any liability of the Company for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract against any invoice raised for such goods.
3. Limitation of Liability
3.1. The Company warrants that the goods correspond with description and sample, are of satisfactory quality and where a particular purpose has been expressed in writing then the goods are fit for such purpose.
3.2. Any claim for breach of above warranty must be made within fourteen days of receiving the goods failing which the customer shall be deemed conclusively to have accepted the same.
3.3. It is the responsibility of the Customer to inspect and test the goods and each and every part thereof before use to see that they are in order.
3.4. Insofar as the Company is liable for any costs, claim or demand whatsoever of the Customer, the liability of the Company shall be limited to (at the discretion of the Company);
- Replacing the defective goods
- Making good the defect
- Allowing a full credit for the cost of the defective goods.
3.5. The Company shall not be responsible for any consequential losses sustained by the Customer as a result of such defects.
3.6. We will not compensate for the following
- For fair wear and tear
- Damage caused by your deliberate or negligent use of the goods
- Use of the goods in abnormal conditions
- Failure to follow instructions whether written or oral
- Failure to treat the goods in a sensible or negligent use of the goods
Price and payment
4.1. Unless otherwise agreed by the Company in writing, the price for the goods shall be the price set out in the Company’s price list published on the date of deliver or deemed delivery.
4.2. The price of the goods shall be exclusive of any value added tax and all costs and charges in relation to packaging, carriage and insurance, all of which amounts the Customer shall pay in addition when it is due to pay for the goods.
4.3. All sums payable in respect of the goods must be paid so as to ensure that payment is received within credit
4.4. No payment shall be deemed to be received until the Company has received cleared funds.
4.5. If the Customer fails to pay the Company any sums due pursuant to the contract, the Customer shall be liable to pay Interest to the Company on such sum from the due date at the annual rate of 5% above the base lending rate from time to time of Allied Irish Bank (AIB) accruing on a daily basis until payment is made, whether before or after any judgement.
5. Retention of Title
5.1. The property in the goods shall not pass to the Customer and shall remain with the Company until the Company has received in cash or cleared funds payment in full of the price of the goods and all other sums which are or which become due to the Company from the Customer on any account.
5.2. Until payment has been made in full, the Customer shall keep the goods as bailee and trustee for the Company and shall return such goods to the
5.3. If such payment is overdue in part or in whole the Company may, by its servants or agents, and without prejudice to its other rights, enter upon any premises where the goods are stored, and recover the goods for disposal as the Company sees fit.
5.4. Notwithstanding the above, the goods may be used either on their own or mixed with any other product and sold by the Customer at full market price in the normal course of bona fide business. The Company shall retain title to the goods supplied to the Customer and shall assume title to all new composite products formed by mixing of the goods with other products until such time as all monies due by the Customer to the Company have been paid. All monies received by the Customer from such sale shall be held by the Customer in trust for the Company, until such time as all monies due to the Company by the Customer have been paid as aforesaid.
5.5. Payment of all sums owing to the company shall become due immediately upon the commencement of any act or proceedings concerning the customer’s solvency.
6. Force Majeure
6.1. The Company will not be liable for any failure or delay in performing it obligations cause by any event which is beyond its reasonable control including without limitation any act of God, fire, flood, malicious damage, theft, industrial action, telecommunications equipment failure, electrical power failure, strikes, labour disputes, riots, insurrections, shortages of labour and materials, storms, explosions, order of domestic or foreign courts or tribunals, non-performance of third parties, act of Government or other public authority, civil disturbance, terrorism or war.
7. Notices
7.1 Any notices served by either party under the conditions shall be served as follows:
- Personal delivery to the Company;
- By recorded pre-paid delivery mail to the other party’s address set out in the order form;
7.2 A notice shall be deemed to be served as follows:
- If delivered in person, at the time of the deliver;
- If sent by pre-paid or registered post in the Republic of Ireland, 48 hours after posting;
- If sent by pre-paid or registered post outside the Republic of Ireland, 72 hours after posting.