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Terms and Conditions
1. THESE CONDITIONS
1. (A) In these Conditions, the following definitions shall apply
1. (B) "We" means EcoMarine (and "us", "our" etc shall be interpreted accordingly)
1. (C) "Buyer" means the company, person, partnership or other legal entity buying or agreeing to buy Goods from us
1. (D) "Goods" means all goods to be supplied by us to a Buyer.
1. (E) "Delivery Period" means the period specified by us at the time of an order being placed in which Goods will be delivered.
1. (F) "Director" means the Director or Directors of EcoMarine.
1. (G) These conditions are the only conditions on which we sell Goods unless we agree otherwise by written notice signed by the Director, these conditions shall apply to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. Any variation to these conditions shall be inapplicable unless agreed in writing signed by the Director.
2. (A) All orders for Goods shall be deemed to be on offer by the Buyer to purchase Goods subject to these conditions.
2. (B) All Goods are offered and sold subject to sufficient stock being available and to the price being confirmed by us.
3. CANCELLATION OF ORDERS
3. (A) We may cancel all or part of any order for Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice we shall within seven days repay to the Buyer any sums paid in respect of a cancelled order. We shall not be liable for any loss or damage arising from such cancellation.
3. (B) The Buyer may not cancel or vary any order without written consent from the Director upon terms that shall indemnify us against all losses including loss of profits, costs, damages, charges and expenses incurred by the Buyer.
4. PRICE AND PAYMENT
4. (A) We reserve the right at all times to revise the price of the Goods due to factors beyond our control including, but not limited to foreign exchange fluctuations, alteration of duties, increase in cost of production or transport.
4. (B) Any price quoted by us at the time a Buyer makes an order for Goods shall be an estimate only and the actual price to be paid by the Buyer for the Goods shall be as set out on the invoice, plus VAT at the rate in force on the date of the invoice.
4. (C) Payment of the invoice is due on the date indicated on the invoice. If no date is indicated, the invoice shall be due for payment within 30 days of the date of the invoice.
4. (D) If the Buyer fails to make payment in full on the due invoice date, we shall be entitled to: -
4. (D.1) Charge interest on overdue invoices that shall accrue from the date of invoice from day to day until the date of payment at a rate per annum of 5% above the AIB base rate from time to time in force.
4. (D.2) Cancel or suspend any further deliveries or collections of Goods
4. (D.3) Appropriate any payment made by the Buyer to such of the Goods, or Goods supplied by us under any other contract with the Buyer as we may see fit.
4. (E) Any claim against us by the Buyer in respect of Goods shall not entitle the Buyer to withhold payment for any part of any Goods ordered by the Buyer from us, nor shall the Buyer be entitled to set off any such claim against any claim by us for the price of any Goods.
4. (F) The method of payment shall be as specified on the invoice and all payments will be in Euros.
4. (G) New accounts are subject to two trade references and a banker's reference and until such time as satisfactory references have been received by us, no Goods shall be delivered without receipt of payment in full.
5. (A) All delivery dates are estimates and we shall not be liable for any loss or damage whatever due to our failure to deliver the Goods, or any part of them, promptly or at all.
5. (B) Notwithstanding that we may have delayed or failed to deliver the Goods, or any part of them, promptly, the Buyer shall be bound to accept delivery and to pay for the Goods received in full, provided that the delivery is made within thirty days of the order being placed.
5. (C) Delivery of the Goods shall be made to the Buyers address on or about the delivery date. The Buyer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. We shall not store any Goods on behalf of the Buyer after such date. If we do, we may charge the Buyer a reasonable fee for storage.
5. (D) We may deliver Goods ordered by the Buyer in separate installments. Each separate installment shall be invoiced and paid for in accordance with the terms and conditions.
6. ACCEPTANCE OF THE GOODS
6. (A) The buyer shall be deemed to have accepted the Goods three days after delivery to the Buyer and the provisions of the Sale of Goods and Supply of Services Act 1980 in relation to acceptance are hereby excluded.
6. (B) After acceptance the Buyer shall not be entitled to reject Goods, which are not in accordance with the contract.
6. (C) No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior or written approval of the Director on such terms as we may determine at our absolute discretion.
6. (D) We shall endeavor to deliver the exact colour as in the sample range shown to the Buyer, and in the quantities and sizes ordered by the Buyer, but no objection shall be taken by the Buyer to any slight variation of shade, quality or sizes nor shall the same entitle the Buyer to return the Goods (in whole or in part) or claim damages.
7. RISK AND TITLE OF THE GOODS
7. (A) The Goods shall be at the Buyers risk as from delivery.
7. (B) In spite of delivery having been made, title to the Goods shall not pass from us until:-
7. (B.1) the Buyer shall have paid the price in full plus VAT in full; and
7. (B.2) no other sums whatsoever shall be due to us from the Buyer
7. (C) Until property in the Goods passes to the Buyer in accordance with clause 6.B the Buyer shall hold the goods as our bailee. The Buyer shall store the Goods (at no cost to us) separately from all other goods in its possession and marked in such a way that they are clearly identified as our property.
7. (D) Notwithstanding that the Goods (or any of them) remain our property the Buyer may sell the Goods in the ordinary course of the Buyers business at full market value for our account. Until property in the Goods passes from us the entire proceeds of sale or otherwise of the Goods shall be held in trust for us and shall not be mixed with other money and shall at all material time be identified as our money.
7. (E) We shall be entitled to recover the price (plus VAT) notwithstanding that property in the Goods has not passed from us.
7. (F) Until such time as property in the Goods passes from us the Buyer shall upon request deliver up such Goods as the Buyer may have in its possession. If the Buyer fails to do so we may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
7. (G) The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods, which are our property. Without prejudice to our other rights if the Buyer does so all sums whatever owing from the Buyer to us shall forthwith become due and payable.
7. (H) The Buyer shall insure and keep insured the Goods to the full price against all risks until the date the property in the Goods passes from us. Without prejudice to our other rights if the Buyer does so all sums whatever owing from the Buyer to us shall forthwith become due and payable.
7. (I) Until such time as title in the Goods has passed to the Buyer any money received by the Buyer as a result of any insurance claim of whatever nature with regard to the Goods shall be held on trust for us as if it had been a payment received from a third party in accordance with clause 7.D above and shall upon receipt thereof by the Buyer be immediately remitted to us.
8. EXCLUSION CLAUSES
8. (A) All implied terms conditions and warranties relating to the condition, quality and / or fitness for purpose of the Goods or any of the Goods are excluded.
8. (B) This is not a contract of the sale of the Goods by sample. If and in so far as the Buyer may have inspected a sample of the Goods the same was for the purpose of the Buyer's information as to the general nature of the Goods and did not and was not intended to have any contractual effect. This contract is not a sale of the Goods b description and any description of the Goods is by way of identification only.
9. FORCE MAJEURE
9. (A) We shall have no liability whatsoever under, or in any way related to the sale and purchase of the Goods or otherwise for any failure to fulfill any obligation hereunder if and to the extent that such fulfillment is prevented by circumstances beyond our reasonable control.
10. INTELLECTUAL PROPERTY AND SIGNAGE
10. (A) The specifications and designs of the Goods (including the copyright, design right, or other intellectual property within them) shall remain our property as between us and the Buyer. No right or license is granted under these terms and conditions to the Buyer under any patent, trademark, copyright, registered design or other intellectual property right except the right to use or resell the Goods.
10. (B) The Buyer shall only display the "EcoMarine" name on material supplied by us or approved in writing beforehand by the Director.
10. (C) Any Goods sold in retail packaging may be resold by the Buyer only in the packaging supplied by us and in no case may any trade mark other than those supplied by us be marked on or applied in relation to the Goods.
10. (D) The Buyer undertakes to offer the Goods for sale only through his established high class good quality retail outlets to individual consumers and agrees that breach of this Condition shall be a repudiation by him of these Conditions. The Buyer undertakes to cease supply of the Goods to third parties as soon as it becomes aware that such third party is not acting as an individual consumer.
11. (A) The Buyer confirms and understands that it shall have no exclusivity to offer any of our Goods for sale in a particular area or areas and that we are free to sell any of our products whether they are of the same type as those contained in any order for the Goods by the Buyer or any other customer of ours in the area where the Buyer carries on its trade or elsewhere, unless agreed in writing by the Director.
11. (B) Any goodwill attaching to the sale by the Buyer of Goods shall belong to us.
12. LAW AND JURISDICTION
12. (A) All contracts made under these Conditions shall be governed by the law of The Republic Of Ireland.
12. (B) All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of The Republic Of Ireland.