Terms & Conditions
- The term “Company” shall mean Liam A. Barry (Engineering Supplies) Ltd
- The term “Customer” shall mean any person, firm or company who purchases goods or services from the Company.
These conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company. These conditions supersede any terms & conditions contained in any Customer’s order unless otherwise agreed in writing by the company.
Credit accounts can only be opened at the Company’s discretion.
The Company reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation.
In the event of non payment in accordance with the credit terms the whole of the price for all goods sold by the Company to the Customer whether under this or any other contract, shall immediately become due and payable and the Company reserves the right at its option, to cancel or postpone the further performance of its obligation whether under this or any other contact, without prejudice to any other right or remedy available to the Customer.
The Company reserves the right to charge the Customer interest at the rate of 2% above Irish clearing bank base lending rate from time to time until payment is made in full.
All credit accounts are strictly nett monthly, unless otherwise agreed in writing.
Quotations are made upon the basis of materials and labour prevailing at the date thereof and are open for acceptance for a period of thirty days from the date of quotation, unless otherwise stated. However, this is subject to manufacturers’ prices not increasing during this period. In addition, the quotation may be withdrawn at any time prior to acceptance in writing. Stenographical errors or clerical errors, if any, are subject to subsequent correction.
Quotations by the Company for delivery ex-stock are made subject to availability and such goods
remaining unsold at the time of receipt of purchase order from the Customer.
All prices quoted are subject to Value Added Tax at the current rate.
5. PUBLISHED PRICES
Orders placed will be charged at prices current at the time of delivery.
Prices are reviewed on an ongoing basis and are subject to change without prior notice.
6. DESCRIPTION & QUALITY
Illustrations, descriptions, weights and technical data in any of the Company’s catalogues, price lists and statements (written or oral) made by any representative of the Company are provided to give customers an approximate picture and description only and do not form the basis of any contractual liability.
No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
Design of goods is subject to alteration without notice or notification.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing or prior to the time of sale.
The Company undertakes at its option to replace or refund purchase price of any goods sold or supplied in the following circumstances only:
- Where the goods do not correspond to any written identifying description applied to them.
- Where the goods prove to be unfit for a particular purpose which has been expressed in writing by the Company
- Where the goods prove to be defective and not fit for their ordinary purposes within 6 months of delivery.
Any warranty issue will be subject to inspection by the Company or nominated outside sources, to ascertain the validity of the claim.
The Company’s liability under this clause shall be accepted by the Customer in lieu of any warranty or condition whether statutory, expressed or implied by law.
8. SUPPLY OF SERVICES
The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skill and care occur within 6 months of the completion of the supply, the Company undertakes to remedy the effects.
9. CANCELLATION OF ORDERS
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
Dates quoted for delivery are approximate only and in this respect, times shall not be of the essence of the contract. It shall suffice for the Company to deliver within a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances.
Where the Company offers delivery to a site nominated by the Customers, then its obligation shall be to delivery as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.
In the event of any goods or packing or container being delivered and deposited, whether on the public roadway or elsewhere the Customer shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such goods, packing or container, an shall indemnify the Company in respect of all or any costs, claims. Losses or expenses which the Company may incur as a result of such delivery.
The Company cannot accept liability of any direct or indirect loss arising from delays caused by Act of God, fire, flood, accident, power failure, machinery breakdown, war or threat of war, loss or delay in transit, strike, lockout, industrial action, difficulties in obtaining raw materials or from any other cause beyond the Company’s reasonable control.
11. EXAMINATION OF GOODS
Goods must be examined forthwith on delivery
The Company shall replace any goods damaged or lost in transit by our couriers to the place of delivery, provided such damage or loss is marked on the courier’s delivery sheet and is also reported to the Company in writing within 2 working days of such a delivery.
No other liability shall be accepted by the Company in respect of any such damage or loss.
Claims for incorrect, short delivered or any rejection of the goods on any other grounds must be notified to the company in writing within 2 working days of receipt.
Delivery is ex works unless otherwise stated in writing
12. RETURN OF GOODS
Items can only be returned only with the Company’s express authority.
A 30% restocking handling charge will be applied to goods returned for credit after they have been correctly supplied according to the Customers’ order.
Specials and goods that are manufactured to meet the Customers’ requirements cannot be returned
13. LIMITATION OF LIABILITY
- Subject to clauses 13 a, 13 b, 13 c, 13 d, 13 e and 13 f, the Company’s liability is limited to that provided in clauses 8 & 9 above. The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or breach of statutory duty or otherwise for loss or damage of any kind, whether direct, indirect or consequential.
- All conditions, warranties or other items implied by statue or common law in relation to any goods or services supplied by the Company pursuant to these conditions and all other rights or remedies whether contractual or otherwise against the Company in relation to the goods or services supplied pursuant to these conditions are hereby excluded to the fullest extent permitted by law and in particular, but without prejudice in the generality of the foregoing, the Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the Customer or in respect of defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Company’s instructions, whether oral or writing, misuse of alteration or repair of the goods without the Company’s prior approval in writing.
- The Customer hereby acknowledges that he is purchasing the goods in the course of his business and that accordingly by doing so he is not dealing as a consumer within the meaning of the Sale of Goods and Supply of Services Act 1980 and the Customer further acknowledges that he understands these conditions and the exclusions and limitations contained herein and that such exclusions and limitations are fair and reasonable in the circumstances.
- Any claim by the Customer in respect of any defect in the quality of condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 7 days from the date of delivery or (where the defect of failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure and in any event before the goods are incorporated in or affixed to any vehicle, chattel, thing, structure or construction. If delivery is not refused and the Customer does not notify the Company as aforesaid, the Customer shall not be entitled to reject the goods and the Company shall have no liability for such defect of failure and the Customer shall be bound to pay the price as if the goods had been delivered in accordance with the Contact.
- Subject to paragraph 13 b of this clause 13 where any claim in respect of any defect or condition of the goods or their failure to meet specification is notified to the Company in accordance with paragraph 13 d of this clause 13 the Company shall be entitled to replace the goods (or the parts in question) free of charge or at the Company’s sole discretion credit the valve of the goods to the Customer’s account and the Company shall have no further liability to the Customer.
- The Company’s liability (Whether in contract, tort or otherwise) in respect of any goods supplied by it to the Customer shall be limited solely to the invoice cost of such goods and the Company shall not be liable for any injury, damage, loss, costs or expenses whatsoever howsoever arising out of or in connection with the supply to the customer of the goods or their use or resale by the Customer and in particular but without prejudice to the generality of the foregoing, the Company shall not be liable for any injury, damage, loss, costs or expenses whatsoever howsoever arising incurred of suffered by the Customer or any third party in respect of any goods re-sold by the Customer or incorporated in or affixed, chattel, thing, structure or construction
14. PROPERTY & RISK
The risk of the goods shall pass to the Customer on delivery.
The title of the goods shall remain vested in the Company after delivery until payment of all sums (whether arising out of this or any other contract) has been made in full to the Company.
The following provisions will apply to goods that remain vested by the Company which are in the Customers possession
- The Customer may in the ordinary course of business sell or dispose of the goods to any other person, provided however the proceeds of any such sale or disposal shall be held by the Customer in trust for the Company.
- Should the goods or any of them be converted or built into a new product, whether or not such conversion involves a mixture of any other goods or thin in whatsoever proportion, the conversion shall be deemed to be owned the Company
- Until the title of the goods passes to the Customer, the Customer shall store the goods as bailee and in a fiduciary capacity for the Company. The Customer shall at all times ensure that the goods remain separately identifiable as the property of the Company and shall return the goods to the Company on request.
- The Company may at ant time, on giving prior notice, enter the premises of the Customer for the purpose of inspecting and identifying the goods and the Customer irrevocably authorises the Company to enter upon the premises of the Customer for that purpose
- The Company may at any time revoke the Customers powers in 15a above by notice to the Customer. If the Customer is in default for longer than 7 days in the payment of any sum whatsoever due to the Company under this or any other contract or if the Company has bona fide doubts as to the solvency of the Customer
- The Customers powers in 15a above shall immediately cease if a Receiver is appointed over any assets of the undertaking of the Customer or a winding up order is made against the Customer of the Customer goes into voluntary liquidation or calls a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.
- Upon determination of the Customers powers 15a above, the Customer shall place the goods at the disposal of the Company who shall be entitled to enter upon the premises of the Customer for the purpose of removing such goods from the premises (including severance from realty where necessary)
- If goods are returned or repossessed in accordance with the foregoing provisions the Company shall credit the Customer any sums received from the Customer in part payment of the price of the goods up to a maximum amount equal to the current market value of the goods based on their condition at the time of return or repossession and after deducting all costs and expenses of the Company in having the goods returned or repossessed and subject to any right of set off the Company may have in respect of other sums owing by the Customer to the Company
- Nothing in this clause shall confer the right on the Customer to return the goods. The Company may take an action for the price notwithstanding the property and the Title in the goods, shall not have vested in the Customer
- If any of the provision in this clause is held by any competent authority to be invalid or unenforceable in whole or in part of the validity and enforceability of the remainder of the provision in question and any other provision of this clause shall not be affected thereby
Carriage charged will be invoiced to the Customer at rates which shall be determined by the Company from time to time unless specifically excluded in writing. When part deliveries are made on the Customer’s instruction the same conditions apply as for the whole and complete deliveries.
The Company will not be held responsible and accept no responsibility for late delivery, or goods damaged in transit or non-delivery unless the carrier’s delivery sheet is marked damaged or missing.
The contract between the Company and the customer for the supply of goods or services which includes these conditions shall be governed and construed and shall take effect in accordance with the laws of the Republic of Ireland.