Terms & Conditions
Wrights of Howth
(hereinafter referred to as ("the Seller")
Excerpt from conditions of sale - full conditions are available on request.
1.1 All quotations are given and all orders and contracts for sale (including all orders and contracts for the provision of service) are made subject to these conditions which shall govern any contract between the Seller and the Buyer and shall prevail over any terms and conditions put forward by the buyer. No variation or alteration of or addition to these Conditions shall have any effect unless expressly agreed in writing.
2. Price And Terms
2.1 In the event that the Seller is to deliver the goods to the Buyer it shall use its best endeavours to adhere to any proposed dispatch or delivery date. However no liability is accepted by the Seller for any loss, damage, cost or expense resulting from any delay in delivery whether such delay should be caused by circumstances over which the Seller has control or otherwise.
2.2 Goods received by the Buyer will, in accordance with these conditions, remain at the Buyer's risk until paid in full.
2.3 The Seller reserves the right to either cancel an order or change the price ruling at the date of collection for any orders not collected in the agreed period.
2.4 Orders are accepted subject to product and availability and the Seller reserves the right to tender goods of equivalent quality without prior notice.
2.5 Save where expressly agreed to the contrary by the Seller in writing, the Seller shall not be responsible for any loss and also reserve the right :-
(i) to pass on the Buyer any handing, storage, demurrage, transportation, packaging or other costs or charges and expenses incurred by the Seller in delivering the goods to the Buyer's address or to the address stated in the acceptance of quotation, order acceptance or delivery document; and
(ii) to pass on to the Buyer any increases in such costs charges and expenses above those taken into account in the Seller's quotation or to the Sellers order acceptance.
2.6 Claims, shortages or damages to any goods must be notified to the driver on delivery and noted clearly on the delivery docket. Claims for shortages or damages will not be entertained for product signed for in full.
3.1 Unless otherwise specifically agreed by the Seller in writing, payment shall be made to the Seller in cash and without set off counter claim or other deduction on or before 30 days from date of invoice.
3.2 If payment is not made in accordance with the above then (without prejudice to any other right or remedy available) the Seller shall be entitled to charge interest on the amount overdue (including outstanding VAT) at a rate 2% per month (after as well as before judgement) which shall be notified to the Buyer as it changes from time to time, such interest will be calculated monthly and added to the principal sum outstanding.
3.3 If any query is raised in connection with all or part of an invoice this shall not affect the due date on which payrnent of the invoice or the balance of the invoice (as the case may be) shall be made.
3.4 The Seller reserves the right to require payment before collection/delivery or before the due date.
3.5 Time shall be of the essence for the purpose of payment of all sums due to the Seller hereunder.
6.1 The goods shall remain the Seller's property until the Buyer has paid for them in full. Until that time the Buyer shall hold them as bailee, store and label them in such way as to render them readily identifiable as the Seller's property, keep them separate from the Buyer's property or the property of any other person and deliver up the goods on request at any time to the Seller.
6.2 The Buyer's right to possession of the goods shall cease if:
6.2.1 the Buyer has not paid for the goods in full by the expiry of any credit period allowed under these terms and conditions ; or
6.2.2 the Buyer is declared bankrupt or makes any proposal or voluntary arrangement with his creditors; or
6.2.3 a receiver, liquidator, administrator or examiner is appointed in respect of the Buyer or its business.
On cessation of the Buyer's right to possession of the goods in accordance with this clause the Buyer shall at his own expense make the goods available to the seller and allow the seller to re-possess them.
6.3 The Buyer hereby grants the Seller its agents and employees an irrevocable license to enter any premises where the goods are stored in order to re-possess them or inspect them at any time.
6.4 Before title to the goods shall have passed to the Buyer, the Buyer may dispose of the goods in normal course of trading (but with no authority to create privity or contract between the Seller and such customer who purchases from the Buyer) providing that the proceeds of sale of such goods are paid into a separate bank account opened by the buyer and held for the account for the seller as fiduciary owner and applied first in payment of the invoice price of such goods as remain owing by the Buyer to the Seller.
6.5 Each part delivery or installment of the Goods shall be deemed to be sold under a separate contract and no default by the Companies in respect of any part delivery of installment shall entitle the Buyer to treat the contract as repudiated in regard to any balance or installment remaining deliverable.
6.6 The Seller shall be entitled to trace the proceeds of sale of the goods in the event of the Buyer's default in accounting of such proceeds.
6.7 If the Buyer has not received payment on the disposal of any goods it shall on written request by the Seller assign to the Seller all it rights against its customer in request of that disposal.
6.8 If the Buyer shall combine the goods with any other goods or shall apply any process to the goods before title shall have passed to the Buyer any new goods created by such combination or process shall at all times belong to the Seller and not the Buyer who shall hold the goods as bailee for the Seller but shall have liberty to dispose of such new goods in the normal course of trading (but with no authority to create privity of contract between the Seller and any such customer(s) who purchase(s) from the Buyer) provided the proceeds of sale of such new goods shall be paid into a separate bank account opened by the Buyer and held for the account of the Seller as fiduciary owner and applied first in payment of the invoice price of the goods remaining owing from the Buyer to the Seller. Furthermore, the Buyer agrees to store such new goods in such a way as to render them easily identifiable as the property of the seller and to assign to the Seller on the Seller's written request all its rights against its customer(s) in respect of any disposal of such new goods where payment by such customer(s) has not been received by the Buyer in full.