In these Conditions:
1.1 “Conditions” – means these Conditions of Sale;
1.2 “Contract” – means the contract for sale of Goods between the Seller and the Customer incorporating these Conditions;
1.3 “Customer” – means the person, firm or company buying the Goods from the Seller;
1.4 “Goods” – means the items (and services) being supplied to the Customer by the Seller;
1.5 “Seller” – means Moore Concrete Products Limited;
1.6 “Specially Made Goods” – means a non-standard product manufactured to the customer’s specification.
2.1 These conditions are the only terms and conditions on which the Seller contracts for the supply of Goods.
2.2 These conditions supersede and apply to the exclusion of all other terms and conditions referred to, offered or relied upon by the Customer whether
in negotiation or at any stage in the dealings between the parties.
2.3 These conditions may only be varied in writing signed by a duly authorised representative of the Seller.
3.1 All written quotations made by the Seller for the supply of goods are open for acceptance within the period stated in the quotation or, if no such period is stated, within 30 days from the date of the quotation. Unless otherwise stated in the Contract, prices are quoted exclusive of Value Added Tax at the rate applicable at the date of dispatch of the goods. All quotations are without contractual obligation and verbal acceptance of orders is subject to written confirmation which alone will be binding.
3.2 All prices quoted are, unless stated in writing, subject to variation without obligation to give prior notice. Prices ruling shall be those at date of despatch.
3.3 Prices quoted are for the stipulated quantities only, and do not hold good for lesser quantities. Retention monies or any similar deductions are expressly excluded.
4.1 All delivery dates given by the Seller are given in good faith but the Seller will not have any liability to the Customer for any delay in delivery. The Seller will notify the Customer when the Goods are ready for delivery. Delivery will occur when the Customer collects (or arranges collection) of the Goods from the Seller’s works.
4.2 If the Customer fails to collect Goods within 21 days from being notified that these are ready for delivery, the Seller reserves the right to invoice the customer for the goods and payment will be due 30 days from the date of invoice.
4.3 The Customer hereby acknowledges and accepts that he has satisfied himself as to the condition of the goods and acknowledges that no condition or warranty whatsoever has been given or is given by the Seller as to their quality or fitness for any purpose and that all conditions or warranties whether express or implied and whether by statute or otherwise are expressly excluded and delivery of the goods to the Customer shall be conclusive evidence that the Customer has examined them and found them to be in complete accordance with the contract description, in good order and condition, of satisfactory quality and fit for any purpose for which they may be required.
Goods supplied in accordance with an order cannot be returned without the Seller’s written consent. Application for such consent can only be considered within 30 days of invoice, and must be in writing stating date and number of invoice, and reasons for desired return. Duly authorised returns must be sent carriage paid to the Sellers and the Sellers advised in writing, giving authorization reference. On such return, goods will be credited at the invoiced price less a 15% handling charge. A further charge will be made for cleaning if necessary. Specially made goods cannot be returned under any circumstances.
6.1 Subject to, Clause 4.2 of these Conditions, the Seller will submit an invoice for the Goods upon delivery and payment will be due 30 days from the delivery date unless otherwise stipulated.
6.2 The Seller reserves the right to charge interest on any overdue payment at the rate of 5% per annum above the Base Rate of Danske Bank for the time being in effect, calculated in a daily basis on the outstanding balance from the due date until the date that payment is credited to the Seller’s bank account.
6.3 Notwithstanding clause 6.2, the Seller, without affecting any other remedy which it may have, will be entitled to cancel the Contract, and/or suspend any further deliveries of Goods if any payment is not made on the due date by the Customer.
6.4 Where the Customer is entitled to a discount for prompt payment, in accordance with Clause 2.3 of these Conditions this will be specified in the Contract.
6.5 In no circumstances shall the customer be entitled to operate a right of set-off.
7.1 The risk of loss or damage to the Goods passes to the Customer upon delivery or 7 days after the Seller has notified the Customerthat the Goods are ready
for collection at its premises if the Customer has failed to collect them.
7.2 Ownership in the Goods will remain with the Seller until payment in full of all amounts due to it from the Customer have been received by the Seller.
7.3 Until ownership passes to the Customer, the relationship between the Seller and the Customer will be that of bailor and bailee and the Customer will be responsible for the safe custody and insurance of the goods.
7.4 Until ownership passes, the Customer, having taken delivery, will keep the Goods identified as the property of the Seller and the Seller will be entitled to enter premises where the Goods are stored and recover them.
7.5 No re-sale of the Goods by the Customer shall take place until payment is made in full to the Seller, nor will the Customer be entitled to incorporate any
of the Goods in other materials or products without the prior written consent of the Seller.
8.1 All Goods will be stored and installed by the Customer in accordance with the instructions issued by the Seller on the request of the Customer.
8.2 The Seller will have no liability to the Customer or any third party if the Customer does not comply in all respects with the Seller’s instructions or if the Goods are used or installed in abnormal circumstances.
8.3 If the Customer requests advice from the Seller with respect to installation, the Seller will have no liability for a recommendation unless it is in writing and signed by a duly authorised officer of the Seller and is given in response to a written request from the Customer.
8.4 The Seller shall be deemed not to have knowledge of either the nature of the proposed use or the purpose of the market for which the goods are required unless a specific and detailed statement or the proposed use is submitted in writing by the Customer and a written statement of the suitability of the subject goods for the specified purpose provided by the Seller, and subject to the conditions of use (including operator’s expense) being to the Seller’s satisfaction.
9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on his behalf, to the buyer, or to any party acting on his behalf, prior to the making of this contract where such representations were made or given in relation to:
(i) the correspondence of the goods with any description; or
(ii) the quality of the goods; or
(iii) the fitness of the goods for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
(i) the correspondence of the goods with any description; or
(ii) the quality of the goods; or
(iii) the fitness of the goods for any purpose whatsoever.
9.3 All implied terms, conditions or warranties, statutory or common law, as to:
(i) the correspondence of the goods to any description; or
(ii) the satisfactory quality of the goods; or
(iii) the fitness of the goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
9.4 Each provision of this clause is to be construed as a separate limitation, applying and surviving even if for any reason one or other of the foregoing provisions is held inapplicable or unreasonable in any circumstances, and shall remain in force notwithstanding termination of this contract.
9.5 Where any Court or Arbitrator determines that any part of this Clause is, for whatever reason, unenforceable, the Seller will accept liability for all loss or damage suffered by the Customer but in an amount not exceeding the contract price.
10.1 The Seller warrants that all Goods will comply with their specification at time of delivery.
10.2 If the Customer notifies the Seller immediately it becomes aware of any defect in the Goods which appears within 12 months of delivery, the Seller will, at its option, either repair or replace any Goods found to be defective due to faulty manufacture of materials supplied by the Seller.
10.3 The warranties given above will not apply to defects which are due to:
i) Fair wear and tear, accidental damage or failure by the Customer to adhere to the Seller’s instructions or written recommendations.
ii) Materials or equipment included in the Goods which have not been manufactured by the Seller.
10.4 All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Customer, by entering into the Contract, acknowledges that the only warranties are those given expressly by the Seller in these Conditions.
10.5 Under no circumstances will the Seller have any liability to the Customer for any loss or damage (whether direct, or indirect or consequential and whether in contractor in tort) through the use of goods supplied by the Seller except as expressly stated in these Conditions.
The Seller will not have any liability to the Customer if it is prevented from performing the Contract on account of force majeure which includes, but is not limited to, extreme weather conditions, act of God, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to cancel the Contract.
12.1 Neither party will assign any of its interests in the Contract without the prior written consent of the other.
12.2 The Seller is entitled to sub-contract all or part of its obligations with respect of the manufacture and delivery of Goods.
If the Customer:
(a) commits a breach of contract, or
(b) fails to make a payment on the due date; or
(c) becomes insolvent or has a receiver appointed
then in any such case the Seller shall be entitled to suspend the supply of Goods or, at its option, to cancel the Contract and repossess any Goods for
which payment has not been received in full. The Seller shall also have this right if it reasonably considers that any of the events mentioned (a), (b) or (c) above are likely to occur.
If any provision of these Conditions is held by a court to be unenforceable, the remaining provisions of the Contract will continue in effect.
The Contract shall be governed by the laws of Northern Ireland.
Any dispute between the parties shall be finally determined by the courts of Northern Ireland and the parties agree to submit to the jurisdiction of those courts.
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