Terms and Conditions
In these conditions of sale “the company” means Brackets.ie, “the purchaser” means any individual, firm, company or corporation placing an order with the company, “order” means the order placed by the purchaser with the company for goods to be supplied by the company and “goods” shall mean all goods whether raw materials, components or finished products covered by the order.
2. Validity of Terms
All orders placed with the company will be exclusively governed by these conditions of sale.
3. Quotations, Offers and Acceptances
a. Quotations are subject to withdrawal or modification at any time, and are only valid for up to 30 days from the date thereof.
b. All costs, estimates, documentation, specifications, drawings and illustrations furnished or issued by the company are copyrighted, remain the company’s property and must not be disclosed to any third party.
c. Orders must be submitted by the purchaser for goods, and are only accepted if confirmed in writing by the company and any order placed by the purchaser shall be deemed to be an offer on the basis that these conditions are acceptable to the purchaser to the exclusion of all other terms and conditions whether expressed in that order, or implied by law. Acceptance of the goods by the purchaser shall be conclusive evidence before any Court of Law or arbitrator that these terms apply.
Prices quoted apply to the quantities and delivery rates as stated and any variation in quantity, specification and rates of delivery may necessitate a price revision. Prices quoted for goods manufactured in countries other than the UK will be subject to adjustment to take account of currency fluctuations and any appropriate adjustment will be recorded on the invoice, on the day of dispatch. All prices are subject to value added tax at the appropriate rate.
a. All goods will be invoiced on dispatch and payment is due within 30 days of the invoice date. In any case where goods are dispatched in instalments, each instalment of the goods shall be duly paid for within 30 days of the invoice date as a condition precedent to the purchaser’s right to future delivery.
b. If payment is not made in full on the due date the purchaser shall pay interest at the rate per annum of 8% above the Basic Rate of Barclays Bank Plc, for the time being on the unpaid balance until payment, whether demanded or not, and whether before or after judgment.
c. The purchaser shall not be entitled to delay, withhold or offset payments due on the grounds that it has a claim or set off against the company.
d. The company reserves the right to require payment before delivery.
e. The purchaser will be responsible for all reasonable costs incurred in the recovery of any outstanding balance (including the employment of a debt collection agency and all potential legal costs) Debt collection charges will be levied against the value of the outstanding debt at the prevailing rates: between £100.00 and £2000.00 a charge will be levied of 18%, between £2001.00 and £5000.00 a charge will be levied of 10%, Between £5001.00 and £15’000.00 a charge will be levied of 8%, any balance above £15’001.00 a charge will be levied of 6%.
6. Non Acceptance
a. If the purchaser refuses to accept the consignment, the company may, after lapse of an additional 4 week period from such refusal, terminate the contract or claim liquidated damages for non-fulfilment at the rate of 20% of the purchase price, except that the company reserves the right to prove higher or lower damages, as the case may be. The company may also select, after time lapse of such 4 week period, to otherwise dispose of the consignment and to provide for a new shipment to the purchaser with a reasonably extended term of delivery.
b. If delay in shipment is caused or requested by the purchaser, risk will pass on to the purchaser at the date consignment is ready for shipment. From this date on, the company is entitled to invoice the total purchase price; terms of payment begin with the date of invoice. Starting 2 weeks after notification that goods are ready for dispatch, the purchaser will be liable to a storage charge, equivalent to 0.125% of the invoice price for every week or part thereof, but not to exceed a total of 5%.
7. Retention of Title
Title to all goods delivered by the company remains with the company, until full payment of the agreed purchase price for those particular goods by the purchaser to the company. The company reserves the right to repossess the goods in event of default or delay in full payment howsoever arising and the purchaser hereby grants the company the irrevocable license to enter upon any premises of the purchaser for the purpose of doing so.
Delivery dates quotes are the company’s best estimate for delivery and whilst every effort will be made to keep to quoted delivery dates, the company shall be under no liability whatsoever if for any reason delivery is delayed.
Any order placed and accepted by the company may be cancelled only with the consent and on such terms at the company may determine.
Where goods are sold CIF unless otherwise stated the company will effect marine insurance, obtain any necessary export license and pay dues and taxes incurred in respect of the export of the goods up to the time of their loading. It shall be the responsibility of the purchaser to obtain any necessary import license.
11. Import Duty
Where goods are imported by the company for resale to the purchaser the company may require the purchaser to pay the import duty element of the purchase price in advance to enable the goods to be released from HM Customs & Excise.
12. Damage and Loss in Transit
a. Claims for damages and shortages must be notified in writing to the carriers and the company within 7 days of date of delivery.
b. Non-delivery of the whole consignment must be notified within 7 days of the date of dispatch as shown on the invoice/advice note.
c. The company will not entertain claims unless the purchaser complies with the provisions of this condition.
a. The standard warranty terms of the company are that it will modify or, at its option, replace free of charge any goods found by the company to be defective by reason of bad materials or workmanship for a period of 12 months from the date of invoice or shipment, whichever is the soonest subject to the faulty equipment being returned carriage paid to the company’s head office.
b. The warranty does not cover fair wear and tear, the consequences of carelessness or incompetence of those handling or operating the goods or the performance of the goods other than under the conditions for which they were designed.
c. The aforesaid warranty provisions shall so far as is permitted by law, be in lieu of any other warranty condition, expressed or implied, statutory or otherwise and in no event shall the company be liable for the purchaser’s loss of profits, increased cost of working or any like consequential loss.
d. No representation or warranty is given as to the suitability or fitness of the goods for any particular purpose and the purchaser shall satisfy himself in this respect and shall be totally responsible therefore.
14. Force Majeure
The company shall be relieved of obligations arising under this contract wherever occurring and to the extent that the fulfilment of such obligations is prevented, frustrated, impeded or delayed directly or indirectly as a consequence of Force Majeure, which term shall include acts of God, fire, theft, riot, declared or undeclared war, embargo, strikes, reductions in or unavailability of power at manufacturing plant, breakdown of plant, or machinery or shortage or unavailability of raw materials from normal sources or routes of supply, action of any Government council or other duly constituted authority and other occurrence similar in nature to those specified beyond the reasonable control of the company.
15. Termination and Suspension
The company reserves the right to terminate the contract or cancel any order received or suspend delivery of any goods:
a. If compelled to do so by reason of Force Majeure as above defined; or
b. In the event of the failure by the purchaser to comply with any of its obligations under this contract; or
c. If the company is reasonably of the opinion that the purchaser is not in a position to meet its commitments to the company or (being a limited company) goes into liquidation other than voluntary liquidation for the purposes of amalgamation or reconstruction only or has a receiver appointed of its undertaking, assets or a substantial point thereof or an application is made to the court for an administrator to be appointed. Any such suspension of delivery or termination of the contracts by the company shall be without prejudice to any other rights which the company may have against the purchaser. If any of the events referred to in this condition occur the company’s right to repossession of the goods shall arise forthwith on such occurrence.
16. Proper Law
English Law shall be applicable and the purchaser shall submit to the jurisdiction of the English Courts.
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