TERMS and CONDITIONS of SALE
The following terms and conditions (“the Conditions”) are the terms on which RENEWELL WATER Ltd. (“the Company”) sells products and supersedes all other terms and conditions relating to the subject matter of these conditions.
1. PRICE AND PAYMENT
1.1 The Price (exclusive of VAT, if applicable, or any analogous sales tax, carriage, freight, postage, or insurance cost) for the Goods (“the Price”) shall be the price as stated overleaf.
1.2 Payment of the Price shall be made by the Buyer within the following terms
1.2.1 Cash Sales: Payment is due in full at the time of delivery.
1.2.2 Finance Sales: Payment is due in full from the finance provider within 7 days of delivery. The Buyer will sign the Finance Agreement, Satisfaction
Note and will provide the company with all documentation required to secure loan approval and payment from the finance provider.
2.1 All Goods shall be required to conform to the specifications in the Order for Goods by the Buyer as accepted by the Seller’s acknowledgement (“the Sales Order”) or as otherwise expressed in writing.
2.2 Each order for Goods accepted by the Seller shall be deemed to be an individually legally binding contract between the parties.
3.1 The Seller shall deliver the Goods to the Buyer at the address of the Buyer on the Sales Order. Time shall not be the essence for delivery
3.2 The Buyer shall be deemed to have accepted the Goods upon delivery.
3.3 All risk in the Goods shall pass to the Buyer upon delivery.
3.4 If the Seller is unable to deliver the Goods for reasons outside of its control, the Seller shall be entitled, at the Buyer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
4. TITLE TO GOODS
4.1 The Seller warrants that it has good title to the Goods and that if will transfer title in the Goods to the Buyer pursuant to Clause 4.2
4.2 Notwithstanding delivery, title in the Goods sold shall not pass to the Buyer until the Seller has been paid in full for the Goods. Nothing in this clause shall prevent the Seller from raising an action against the Buyer for payment of the Goods.
5. DAMAGE IN TRANSIT
5.1 Upon serving notice within 24 hours of delivery to the Seller, the Buyer shall be entitled to replacement Goods if the Seller is reasonably satisfied that the Goods have been damaged during transportation.
6.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or in its sole discretion, replace defective Goods free of charge upon the following conditions:
6.1.1 The Buyer by giving notice of the defect within 5 days of the defect coming to the Buyer’s attention;
6.1.2 Such notice being served within 90 days of delivery;
6.1.3 The defect being due to the Sellers faulty design, workmanship or materials; and
6.1.4 The defect not having arisen from the Buyer’s failure to comply with the Seller’s oral or written instructions as to storage, installation, use or maintenance of Goods or in accordance with good trade practice;
6.2 Any Goods to be replaced under Clause 6.1 shall be delivered to the Seller at the Buyer’s expense.
6.3 Where the Goods have been manufactured and supplied to the Buyer by a third party the Seller shall where possible pass on to the Buyer the benefit of any warranty in respect of the Goods granted to the Seller by such third party.
7. LIMITATION OF LIABILITY
7.1 Subject to the Seller’s liability under Clause 4 and subject to Clause 8 the Seller shall not be liable to the Buyer for any loss (including loss of profits), costs, damages charges or expenses incurred by the Buyer or for any loss or damage caused by the Goods.
7.2 Subject to this Clause 7 and Clause 8 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 Seller grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether expressed or implied by statute or common law.
7.3 Subject to Clause 8 the liability of the Seller under this Agreement howsoever arising shall not exceed the Price.
8.1 Nothing in these Conditions shall be constructed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause 4 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 Seller and the Buyer for the sale and purchase of the Goods incorporating these conditions.
8.2 Nothing contained in these conditions shall be constructed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
9. GOVERNING LAW AND JURISTICTION
9.1 This Agreement shall be governed by and constructed in accordance with the law of the Republic of Ireland and the parties hereto submit to the nonexclusive jurisdiction of the Irish Courts.
RENEWELL WATER LTD
Unit 1.8, Oriel Hub, Finnabair Business & Technology Park, Dundalk, Co Louth, Ireland
Phone: 086 733 5874 Email: firstname.lastname@example.org