 |
|
 |
 |
|
 |
 |
 |
 |
 |
Purchasing Agreement |
|
| |
- A contract
shall be made between Caulfield Industrial Ltd.
(hereinafter referred to as "the company") and the
person, firm or company proposing to purchase from the
company (hereinafter referred to as the customer), upon
and only upon the approval and acceptance of the company
of an order placed (whether orally or in writing) by the
customer and there upon the parties shall be bound. No
modification of these conditions shall be binding upon
the company unless otherwise stipulated herein or agreed
to in writing by someone duly authorised on behalf of
the company. Unless otherwise agreed in writing by the
company these conditions supersede any earlier sets of
conditions appearing in the company's catalogues or
elsewhere and shall override any terms or conditions
stipulated, incorporating or referred to by the customer
whether in any order placed by him, or during any
negotiations. All guarantees, warranties or conditions,
including any conditions as to quality (expressed or
implied or otherwise) other than those specified by the
manufacturer, are hereby excluded and negatived. This
does not affect any statutory rights which the customer might have.
-
Any price quoted by the company or comprised in
the contract is provisional only, and is subject to
market fluctuations and/or changes in basic national
wage rates and costs of materials (including raw
materials). Whilst every effort will be made to maintain
prices quoted, the company reserves the right to execute
orders at prices ruling at thetime of delivery.
Prices in this Catalogue do not include Local Taxes
(VAT). VAT will be charged at 21% where applicable.
-
If the preparation, manufacture, or delivery of the goods is
prevented, delayed or hindered in any way by any act of
God or of any government, war (whether declared or not),
invasion or other warlike action, any strike, lockout or
other industrial action, or any other civil
disturbances, non availability of raw materials, or any
other event beyond the company's control, then in any
such circumstances the company may, upon reasonable
notice, terminate or amend this contract in such manner
as it shall think fit.
-
Time of payment shall be of the
essence of the contract. Payment of the price shall be
made within the period after delivery specified in the
order without reduction or deferment on account of
disputes, cross claims or any other reason whatsoever.
If the customer shall fail to make payment on the due
date for goods ordered or delivered under this or any
other contract the customer may have with the company,
the company may suspend any further deliveries under
this or any other such contract, and if such payment, or
any part thereof, shall remain in arrears for seven days
after written demand shall have been made therefor, the
company may cancel this or any other such contract, and
in either case, without prejudice to any other right the
company shall have.
-
In addition to any right of lien to
which the company may by law be entitled, the company
shall be entitled to retain possession of all goods in
it's possession or under it's control for the unpaid
price of any goods sold to the customer by the company
under this contract or any other contract.
-
In addition to any right of stoppage
in transitu to which the company may by law be entitled,
the company shall be entitled to resume possession of
all goods sold by the company to the customer which are
in transitu for the unpaid price of any goods sold to
the customer under this contract or any other
contract.
-
The company shall not in any circumstances whatsoever be liable to the customer
in respect of any consequential or indirect loss or damage whatsoever caused
(including loss of profit or liability to any third party) which the customer
may suffer by reason of any default or failure of the company.
-
If the customer shall take default in or commit a breach of the contract, or of
any other of his obligations to the company, or if any distress, execution or other
process shall be levied on the customer's property or assets, or if the customer shall
make or offer to make any arrangement or composition with it's creditors, or shall
commit any act of bankruptcy, or if any petition or receiving order in bankruptcy
shall be presented or made against him, or if the customer is a limited company,
and any resolution or petition to wind up such company's business (other than
for the purpose of reconstruction or amalgamation) shall be passed or presented,
or if a receiver of such company's undertaking, property or assets or any part
thereof shall be appointed, the company shall have the right forthwith to suspend
all further deliveries and to determine with or without notice, any contract then
subsisting between the company and the customer but without prejudice to any claim
or right the company may otherwise make or exercise.
-
The goods properly packed and secured in such manner as to reach their destination
in good condition under normal conditions of transport, shall be delivered by the company
at, or dispatched for delivery to, the place or places and in the manner specified
in the order or subsequently agreed.
-
The company will endeavour to meet delivery dates, but shall be under no liability
of any kind if it fails to meet any such dates whatever the cause of failure and whether
such cause is under the company's control or not. If so required by the company,
the delivery date, or dates shall be extended for a reasonable period. Each delivery
shall constitute a separate contract between the company and the customer and failure
of any delivery shall not vitiate the contract as to the other deliveries but if the
said extension in delivery time required by the company shall exceed three months,
either party to the contract may cancel the undelivered balance of the contract by
written notice to the other party without any claim on either side.
-
If for any reason, the customer is unable to accept delivery of the goods at the time
when the goods are due and ready for delivery the company may, at the request of the
customer, if their storage facilities permit, agree to store the goods and safeguard
them until actual delivery and the customer shall be liable to the company for storage,
insurance and other expenses in so doing and the customer shall pay to the company
interest at current overdraft rate on the value of the goods so held.
-
- Notwithstanding any of the terms of payment, no sale, consignment or installation
shall be deemed to be completed on delivery so as to vest title and ownership of
the same in the customer until fully paid for and all materials, plant and machinery
whether erected or not shall remain the company's property until not only the whole
of the purchase price but also sums due under the contract (eg. storage fees, interest,
etc.) for the same has been paid (each order being considered as a whole). Until payment,
the legal, equitable and beneficial ownership shall remain vested in the company.
- The risk of the goods will pass to the customer upon delivery and legal, equitable
and beneficial ownership shall remain with the company until full payment is received.
- Until such time as full payment is made or in default of payment the company shall in
addition to any other remedy have the right to cancel the contract and remove the goods
or any part thereof from the customers premises so as to recoup any amount owing. At the
option of the company the amounts due shall become immediately payable without notice
together with all reasonable legal or collection or agency fees incurred on the collection
thereof. The company reserves the right to enter on the customers premises and take possession
of the same and remove them at any time when the customer is in default. The customer hereby
authorises the company to so enter on his premises and collect the goods for which payment
is in default.
- Should the customer resell the goods or should the goods become part of other goods to be
sold by the customer or should they be sold with the customer premises then the customer will
hold out of the proceeds of the sale a sufficient amount in trust for the company to discharge
the amounts due and immediately pay the same to the company. Should the customer go into
liquidation, then the liquidator will hold the goods or alternatively the proceeds which
realise from the same in trust for the company.
- After delivery but before transfer of ownership, the customer shall store the goods so as
to clearly show them to be the property of the company and hold the goods and all money received
should the goods be resold (contrary to this agreement) in trust for the company. The customer
shall insure the goods and should the goods be destroyed hold in trust for the vendor a
sufficient sum to discharge the amount due. The customer shall also keep the goods in good
order and condition so that should the occasion arise the company can resell the same and
realise all amounts outstanding.
- At the request of the company to furnish the company with the names and addresses of any
sub-purchaser and if requested, to assign the company any amount due by the sub-purchaser and
to take all steps necessary to validate assignment of debt.
-
- Whether goods are sold 'f.o.b." (Free-On-Board) or "c.i.f." (Carriage, Insurance, Freight)
the responsibility of the company shall cease immediately the goods are placed on board truck,
aeroplane or ship and the company shall be under no obligation to give the customer any notice
whatsoever.
- Where goods are to be delivered by rail the liability of the company shall cease
immediately the goods are delivered to the railway company its servants or agents for
delivery to the customer.
- Where goods are to be delivered by the company's own transport the company shall
deliver the goods solely at the customer's risk and shall not accept any liability whatever
and the customer shall pay all reasonable costs to the company for so doing.
-
Any claim relating to goods delivered under this (or any) contract shall be notified to the
company within 5 days from the date on which the said goods are received by the customer or
his agent and the customer shall afford the company reasonable facilities for examining the
goods before they have been disposed of, or treated, or cut, or in any way altered.
-
Any claim or claims in respect of goods delivered under this contract shall not be a ground for
withholding payment of accounts and shall not give any right to set off against payment
due to the company.
-
Notwithstanding any other provisions or agreement as to payment in this contract, if in
the sole opinion of the company, the financial position of the customer warrants such actions
the company may demand payment in cash before delivery of all or any part of the goods and
on failure of the customer to make such payment the company may cancel the contract without
prejudice to any other right the company may have.
-
All orders for goods by the customer through any agent or representative of the company are
subject to the approval and acceptance of such order or orders by the company and all
deliveries of goods in fulfilment of any such order or orders shall be authorised only by
the company at it's office, Oranmore Business Park, Oranmore, Galway, Republic of Ireland.
-
Returns: Customer specials and modified standard equipment is non-returnable.
Authorisation: A return authorisation must Number must be requested from the company
within 60 days from date of shipment.
Product will only be accepted back for credit where the goods have not been used and
are in their original packaging. Goods being returned must be shipped prepaid and
properly packaged to prevent damage in transit.
All returned goods must have the Return Authorisation Number located on the box.
Goods returned damaged or without the original packaging will not be credited.
All returns are subject to a 50% restocking charge.
-
Warranty: As the seller we make no warranties expressed or implied of performance,
quality, durability or suitability of the product including its fitness for the purposes
and uses of the customer. The only warranties applying to products sold, are those
specifically provided for by the manufacturer. The obligations of the seller are
limited to repair or replace of defective parts, or at its discretion the replacement
of the product. In no event shall Caulfield Industrial Limited be liable for any
special, incidental, or consequential damages.
-
Machinery Warranty: All machinery is warranted for one year ( parts & labour).
The customer is responsible for supplying adequate power to the machine. Any changes,
alterations, modifications, unauthorised repairs or misuse to machines automatically
voids this warranty. In no event shall Caulfield Industrial Limited be liable for
any special, incidental, or consequential damages.
-
All disputes, differences or questions at any time arising between the parties as to
the construction of the contract or as to any matter or thing arising out of the
contract or in any way connected therewith shall be referred to the arbitration of a
single arbitrator who shall be appointed by the President for the time being of
the Incorporated Law Society of Ireland.
-
These conditions and the contract shall be subject to and construed in accordance
with the laws of the Republic of Ireland. The customer submits to the jurisdiction
of the "Irish Courts of Law".
-
Prices in this Catalogue do not include VAT. VAT will be applied at 21% where applicable
-
We do not ship oversea's unless by prior arrangement with our Sales Team.
|
|
 |
 |
 |
|
|
 |
 |
|
|
|
 |
|