Terms & Conditions
Renewell Water Filtration Limited trading as “Renewell Water”, Knockagh, Hackballscross, Dundalk, Co Louth, Ireland, A91 ENP6. The company registration number is 553503.
GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE - RENEWELL WATER FILTRATION LIMITED
The following terms and conditions (“the Conditions”) are the terms by which Renewell Water Filtration Ltd (“the Company”) supplies its Systems, Components and / or Services to the Purchaser and in this context the following expressions shall have the following meanings:
1. DEFINITIONS
- “Contract”
shall mean the specific written agreement for the sale of Goods and Services by the Company to the Purchaser or if there shall be none, the Company’s Quotation and/or Proposal and/or the Sales Order and when applicable the written confirmation of order (in each case including their appendices). - “Party”/”Parties”
shall refer to the Company and/or the Purchaser as the case may be. - “Purchaser”
shall mean the individual, company or entity described in the Contract. “Specification” shall mean the technical definition and/or description stipulated in the Contract or in the absence of such stipulation and for all aspects not covered therein, the Company’s technical definition and/or description contained within the written Quotation and/or Proposal in force at the date of the Contract. - “The Company”
shall mean Renewell Water Filtration Limited.
2. QUOTATION AND PROPOSALS
2.1 Unless otherwise stated, Quotations and/or Proposals are valid for acceptance within ninety (90) days from the date of issue and are subject to confirmation by the Company at the time of such acceptance. Quotations and/or Proposals are submitted for acceptance based on all terms and conditions and any reduction or increase in the quoted scope of supply which may result in a variation to the price.
3. ENTIRE AGREEMENT, AMENDMENT, SUSPENSION AND CANCELLATION
3.1 Unless otherwise expressly agreed in writing by the Company, these General Terms and Conditions of Sale shall be deemed incorporated in all Quotations, Proposals and Contracts for the sale of Goods and Services by the Company to the Purchaser, together withany other warranties, terms conditions and representations expressly referred to in the Contract and forming part thereof, they represent the complete agreement of the Company and the Purchaser regarding the sale of the Goods and/ or Services, superseding all previousagreements, arrangements and understandings, if any, in relation to such sale. There are no promises, terms, conditions, oral or written, express or implied, other than these General Terms and Conditions of Sale and Service and those contained or expressly referred to in the Contract. Any terms or conditions or provisions or any document which conflicts with or modifies or are in addition to the Contract not signed by the Company shall not form part of the Contract or apply to the sale and purchase of the Goods and/or Services.
3.2 No Contract may be amended (including by way of changes to any drawings if applicable or otherwise), cancelled or suspended except with the approval in writing of both Parties and the effective date of such amendment, cancellation or suspension shall be the date of its written acceptance by both Parties. The Purchaser shall be liable to reimburse the Company for any costs or expenses incurred by the Company because of such amendment, cancellation or suspension upon receipt of a statement from the Company regarding the same. Cancellation charges shall not in any event exceed the price of the items cancelled.
3.3 The Company’s catalogue, brochures, price lists, reports and recommendations, whether in electronic or any other form, do not constitute offers made by the Company. All information and data contained therein shall be binding on the Company only to the extentthat they are by reference expressly incorporated in the Contract.
4. PRICE AND PAYMENT
a. The Price unless otherwise stated in the Contract is net of insurance and other costs. In the event of any other costs these shall be an additional charge. Value Added Tax and similar taxes, levies, duties, carriage, freight and postage for the Goods will be added at the appropriate rate where applicable to the Goods (“the Price”).
b. Payment of the Price shall be made by the Purchaser in compliance with the following terms:
i. Cash Sales: Payment is due in full at the time of delivery.
ii. Finance Sales: Payment is due in full, from the Finance Provider within 7 days of delivery of the system and/or component parts to the Purchaser. The Purchaser will sign the Finance Agreement Satisfaction Note on the day of delivery and upon completion of the installation. (Please note the Purchaser will provide the Company with all documentation required by the Finance Company to provide the loan and thereafter provide the Company with proof of the confirmation of approval of such a loan prior to delivery of the system and/or component parts.)
5. DELIVERY
a. The Company shall deliver the Goods and/or Services to the Purchaser at the address provided by the Purchaser on the Sales Order.
b. Delivery of the Goods and/or Services shall be on the date as agreed between the Parties. Time shall not be of the essence for delivery.
c. The Company undertakes to inform the Purchaser of any delays, their causes and duration of such delays at the earliest convenience.
d. The Company accepts no responsibility and/or liability for losses caused by delays in delivery, unless previously agreed upon in writing by the Parties and when it can be proved that the delay is solely the Company’s fault. In such an event the extent of the liability is limited to an aggregate of 2% of the written order.
e. If the Purchaser fails to take delivery of the Goods on the date agreed in the Contract, it shall be liable to the Company for any loss occasioned by such failure or refusal, or any charges thereby incurred by the Company and/or a charge of 1.5% of the price of suchGoods per month for their care and custody.
f. The Purchaser shall be deemed to have accepted the Goods upon delivery.
g. All risk in the Goods shall pass to the Purchaser upon delivery.
6. TITLE TO GOODS
a. The Company warrants that it has legal title to the Goods ordered and delivered to the Purchaser and that it will transfer title in those Goods to the Purchaser subject to Clause 6.b.
b. Notwithstanding delivery to the Purchaser, title in the Goods delivered shall not pass to the Purchaser until the Company has received payment in full for the Goods. Nothing in this clause shall prevent the Company from raising an action against the Purchaser for payment of the Goods.
7. DAMAGE IN TRANSIT
a. Upon serving notice within 24 hours of delivery to the Company, the Purchaser shall be entitled to replacement Goods if the Company is reasonably satisfied that the Goods have been damaged during transportation.
8. WARRANTY AND RETURN OF GOODS
a. The Company warrants that the Goods will meet the Specification.
b. Unless specifically agreed otherwise in the Contract, the Goods and labour are guaranteed for a period of twelve (12) months from the date of delivery to the Purchaser.
c. The warranty shall not be effective and shall not be relied upon by the Purchaser in the event of:
i. The Goods having been at any time, during the period beginning with their delivery stored, handled, transported, installed, maintained or operating in a manner inconsistent with the Company’s current technical requirements; or
ii. Normal wear and tear; or
iii. Use or conditions affecting the operation of the Goods which are unusual or not reasonably foreseeable in relation to the conditions of use of operation provided for in the contract; or
iv. Use of the System or Goods in connection with non-Company parts, spares or materials which have not been approved expressly by the Company; or
v. Repairs, alterations or customisation carried out without the Company’s written consent or faulty repairs executed by third parties and not the Company.
d. Where the Goods have been manufactured by the Company and are found to be defective, the Company shall repair or at its sole discretion, replace defective Goods free of charge upon the following conditions:
(i) The Purchaser has given notice of the defect within 5 days of the defect coming to the Purchaser’s attention; or
(ii) Such notice being served within 30 days of delivery of the Goods;
(iii) The defect being due to the Company’s and or its Supplier’s faulty design, workmanship or materials; and
(iv) The defect not having arisen from the Purchaser’s failure to comply with the Company’s oral or written instructions as to storage, installation, use or maintenance of Goods or in accordance with good trade practice.
e. If the Purchaser fails to notify the Company of the defect within the time specified above, it shall lose its right to have the defect remedied at the Company’s cost.
f. Any Goods to be replaced under Clause 8. d (i) to (iv) shall be delivered to the Company at the Purchaser’s expense.
g. Where the Goods have been manufactured and supplied to the Purchaser by a third party the Company shall where possible pass on to the Purchaser the benefit of any warranty in respect of the Goods granted to the Company by such third party.
h. Goods supplied in agreed quantity and quality may only be returned to the Company if preliminary agreement to do so exists. Unless stated in such agreement, Goods will be credited with invoiced price minus thirty percent (30%) to cover administrative expenses,inspection and loss of income to the Company as the bulk of the Goods cannot be replaced into stock. The Company reserves the right to deduct further costs for special technical inspection if required and /or to repair the Goods when deemed necessary.
i. For valid warranty claims the Company shall carry out troubleshooting, dismantling and/or re-installation of the defective part if this in the Company’s opinion requires special knowledge. If such special knowledge is not required in the Company’s opinion, the Company shall have fulfilled its obligation in respect of the defect when it delivers a duly repaired or replacement part to the Purchaser.
9. LIMITATION OF LIABILITY
a. Subject to the Company’s liability under Clause 5 and subject to Clause 10 the Company shall not be liable to the Purchaser for any loss (including loss of profits), costs, damages charges or expenses incurred by the Purchaser or for any loss or damage caused by the Goods and/or Services supplied and/or carried out by the Company.
b. Subject to this Clause 9 and Clause 10 of these Terms and Conditions and all other conditions, warranties or other stipulations concerning the Goods whether expressed or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Company grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether expressed or implied by statute or common law.
c. Subject to Clause 10 the liability of the Company under this Agreement howsoever arising shall not exceed the Price of the Goods and/or Services.
10. GENERAL
a. Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Company for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979, the supply of Goods & Services Act 1982 and the Sale and Supply of Goods Act 1994 where such Act applies to the contract between the Company and the Purchaser for the sale and purchase of the Goods incorporating these conditions.
b. Nothing contained in these conditions shall be construed to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
11. FORCE MAJEURE
11.1 No party shall be in breach of any of its obligations or be liable to the other Party if it fails to perform or delays the performance of an obligation as a result of an event beyond its reasonable control, including but not limited to labour shortages, strikes, industrial disputes, fire, flood, act of God, war, insurrection, vandalism, sabotage, invasion, riot, accidents, national emergency, piracy, hijack, acts of terrorism, embargoes or restraints, extreme weather or traffic conditions, temporary closure of road, legislation, regulation, order or other act of any government or governmental agency, breakdown of machinery, cancellation or shortage of supplies, difficulty or impossibility in Ireland, UK or any other country of complying with export or import regulations or with license or currency regulations or ofobtaining export or import licences.
11.2 The Party claiming to be affected by force majeure shall notify the other Party in writing without delay on the intervention and cessation of such circumstance.
11.3 Either Party shall be entitled to terminate the Contract by notice in writing to the other Party if performance of the Contract is suspended due to an event of force majeure, for a period in excess of six (6) months.
12. GOVERNING LAW AND JURISTICTION
a. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and the Parties hereto submit to the exclusive jurisdiction of the Irish Courts.
Renewell Water Filtration Ltd Slieve Road, Knockagh, Hackballscross, Dundalk,
Co. Louth A91 ENP6
Phone: +353 42 937 0172