Precision Engineered Medical Components

Delivering solutions for over 30 years

TERMS AND CONDITIONS OF SALE

1 .  DEFINITIONS

In these terms and conditions the following words shall have the following meanings:

The Company shall mean the supplier of the goods and/or services whose name is printed on the top hand corner of the invoice overleaf and its successors to title.

Goods shall mean the articles and services the subject matter of the contract between the Company and the Customer.

2.  GENERAL

All business undertaken by the Company is undertaken on the terms and conditions herein contained and any variation will only be binding on the parties hereto if such variation is in writing and signed on behalf of the Company. Any order placed by a customer is deemed to be upon the terms and conditions herein contained.

3. SETTLEMENT TERMS

All items are strictly nett and due for payment 30 days after the date of this invoice unless otherwise specified overleaf. The Company shall not be entitled to make any deduction whether by reason of set-off or for any other reason.

4. PRICES-EXCLUSIVE OF VAT

All quotations are given at current prices but are subject to alteration without notice in accordance with prices ruling at time of delivery.  The Company shall be entitled to recover from the Customer by Way of addition to prices such amount which the Company may become liable to pay in respect of Value Added Tax or other legally imposed Tax in relation to the goods, also currency and other Surcharges will be charged, where applicable, at the rate ruling at the date of dispatch.

5. CARRIAGE

The Company reserves the right to charge on deliveries. Where goods are specially ordered from manufacturers, the Company reserves the right to pass on any carriage and customs clearance charges as may arise.

6. GUARANTEE

The Company gives no guarantee or warranty whether expressed or implied in relation to the Goods but the Company shall do everything within its power to protect the Customers interests and to that extent shall assign to the Customer the benefit of such guarantee or warranty (if any) as may be given by the manufacturers in relation to the Goods. The Company does not accept liability for any consequential damage howsoever from the purchase by the Customer of the Goods whether the same may arise out of any use of the Goods of the installation of the same.

7. DELIVERY DATES

Whilst the Company shall always do its best to comply with a date quoted it accepts no responsibility for loss or damage arising from failure to comply.

8. RETURNS

Goods correctly supplied may not be returned without the Company’s agreement in writing. Goods so returned must be consigned Carriage Paid and accompanied by a packing Note stating the Company’s Delivery Note Number. The Company reserves the right to make a re-stocking charge. Goods will be accepted only it returned in perfect condition and in unopened and perfect packaging. A clear and authorised signature must be obtained from the Company.

9. CLAIMS

(a) Any claim relating to goods delivered under this contract shall be notified to the Company in writing within 7 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 any way altered. All goods damaged in transit and accepted in that condition by the customer shall not be the subject of any claim hereunder.

(b) 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 of set-off against payment due to the Company.

c) No claim for damages to, or shortages of goods during transit will be considered unless the Company and the carriers are advised in writing within seven days of delivery of goods and no claim for non-delivery will be considered unless the Company and the carriers are advised within ten (10) days from the date of dispatch of goods.

9. PACKING AND TRANSIT

Goods received damaged should be signed for as “Damaged”, otherwise claims in this regard cannot be submitted. Customers are asked to note the prescribed periods for notification of damage to or shortage and non-delivery of goods and the submission of claims in respect thereof and the Company shall not be liable for any loss resulting from Customers’ failure to comply with the requirements of the Railway Executive, Road Companies and P. & T. Regulations and the Customer undertakes to indemnity the Company against any such loss (if any).

10. ORDERS

Written confirmation of telephone orders should be clearly marked as such, otherwise the Company cannot be responsible should the order be duplicated. The Company reserves the right to refuse any order placed or to refuse cancellation of any order, to suspend delivery of any order from time to time if any account is in arrear.

11. WAIVER

A waiver by the Company of any term or condition shall not constitute a general waiver of such term or condition.

12. OWNERSHIP

(a) The property in the goods shall not be deemed to have passed to the Customer until the goods and any debts owing to the Company and whether arising from this contract or otherwise have been paid for and discharged in full.  

(b) In the meantime the goods shall remain the sole properly of the Company and the Customer shall be bailee thereof.

(c) if the Customer fails to pay any sums due in accordance with the terms of this agreement the Company may after giving seven days notice in writing to the Customer take possession of the goods and may for that purpose by himself, his servants or agents enter upon any land or premises on or in which the goods or any part of them are believed by the Company to be situate.

(d) The Customer agrees not to sell, assign, sub-let or otherwise part with the possession of the goods until the property in the goods passes to the Customer in accordance with the provisions of paragraphs (a) and (b).

(e) The risk of any loss or damage to or deterioration of any goods from whatever cause shall be borne by the Customer when the Customer, his servants, licencees or agents received possession of the goods.

(f) If payment is overdue and not discharged the Company may without prejudice to any of its rights and remedies and with due warning to the Customer per registered mail recover and resell any or all such goods and may enter upon the Customers’ premises for that purpose. Recovery costs will become the liability of the Customer and shall include all labour, tools, plant hire and all other relevant charges/costs.

13. CHOICE OF LAW

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.