Despatch and Delivery Time
Despatch date/delivery time as quoted is estimated only and not guaranteed and is not, nor shall it be deemed to be of the essence of the contract. Delay in delivery shall not entitle the Buyer to cancel the order, and the Seller shall not in any circumstances be liable for any consequential or any losses arising from delay howsoever caused.
Unless otherwise agreed in advance in writing by the Seller these conditions and the Contract shall be subject to and construed in accordance with the law of Northern Ireland or the Republic of Ireland (whichever is applicable), and in all cases it is agreed that all contracts entered into have, and this contract has been, entered into and shall be deemed to have been entered into at the premises of APPIAN FASTENERS.
No cancellation of an order can be made after three days from the date of order. Where the Seller has to specifically buy in the goods from a supplier, then no cancellation of the order can take place after the said goods have been bought in.
Goods delivered to the Buyer shall be inspected promptly and any complaint that the goods are not as ordered, as to quantity or condition, shall be communicated promptly to the Seller in writing, and in no case later than three days from the date of delivery. The Seller shall have no responsibility to the Buyer in respect of any alleged loss or damage suffered where such notice has not been so given.
Retention of Title
The property in all goods supplied shall remain in the Seller until all sums due on any account between the Buyer and the Seller have been paid in full. During the time that the property in the goods remains in the Seller and without prejudice to the obligation of the Buyer to buy the goods:-
1. The Buyer shall store the goods so that they will be clearly identifiable as those of the Seller.
2. The Seller will have the right to enter onto the premises of the Buyer (or any other premises in which the goods are situated) to inspect, inventory or take possession of the goods.
3. The Buyer shall carry all risk of loss and damage to the goods.
The prices charged for goods or services will be the Seller standard charges in force from time to time, as published in the Seller’s price list, or as individually quoted, and exclude V.A.T. unless there is a clear indication to the contrary.
The Seller reserves the right to change their normal or standard type or specification of products and/or services without prior notice to the customer.
All sales of goods and/or services are Cash on Delivery unless credit has been specifically agreed in writing by an authorised officer of the Seller. If payment of the price or any part thereof is not made on or before the due date interest shall be payable thereafter on the outstanding amount at the rate of 4% per annum above the London Inter Bank Offered Rate (“LIBOR”) or equivalent rate for the time being until date of payment, such interest accruing on a day to day basis. In the event of default in payment by the due date, the Seller reserves the right to suspend delivery or terminate any contract in respect of any undelivered goods. No further supply of goods or services will be released until overdue accounts are paid in full.
Particular queries on an account will not be reasons to withhold payment on any undisputed item.
The Seller shall not be responsible to the customer under any circumstances for any direct loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to any third parties incurred by the Buyer arising from any default, breach of contract or negligence on the part of the Seller. Any liability of the company for any defect in goods, parts or services supplied is subject to the goods being used in accordance with the relevant recommendations for their use and is limited to the cost of the goods under dispute. No liability is accepted for delay on despatch delivery or arrival on site whatsoever. All warranties and conditions, whether implied by statute or otherwise, are excluded from this contract provided that nothing contained in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Buyer dealing as a consumer.
The Buyer and Seller agree that the terms of the general Terms and Conditions of Sale shall be construed in accordance with the laws of Northern Ireland or the Republic of Ireland (whichever is applicable) shall have the sole jurisdiction to resolve any dispute whatsoever in relation to the general Terms and Conditions.