Conditions of sale
General
All orders are accepted and quotations given subject to the following conditions. A contract is formed by the Customer’s order and the acceptance of it by the Company either in writing or by the processing of the order including collection of goods, packaging and despatch of the order. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
These Conditions shall apply to all contracts between the Company and the Customer to the exclusion of all other terms & conditions (including any which the Customer purports to apply). No variation to these Conditions shall have any effect unless expressly agreed in writing by the Company.
Pricing
All prices are as set out in the Company’s catalogue at the date of despatch of the Goods and are quoted ex works and are exclusive of VAT. The Company does its best to maintain prices through long-term contracts with its suppliers for the lifetime of the catalogue, i.e. one year. The Company reserves the right to alter the price of goods quoted in the catalogue if it should become necessary as a result of exchange rate fluctuations or causes which are outside the Company’s reasonable control and in such case the Customer will be advised on receipt of the order or by written notification.
If the Customer requires printing on goods over and above the extent specified in the catalogue this will be subject to a charge for the additional work incurred.
Delivery
Unless otherwise agreed delivery shall take place at the Customer’s premises. Minimum carriage charge of €15.00, unless minimum threshold has been met for free delivery. Carriage charge may vary for bulky goods or for addresses outside of the Republic of Ireland. Goods ordered are delivered with reputable Parcel Services and Hauliers at the Customer’s expense. The Customer has the option of arranging for collection of the ordered goods if he/she so wishes. Delivery times are given as accurately as possible and whilst every effort is made to adhere to them, the Customer shall not be entitled to damages or to cancel an order for failure for any cause to meet any delivery time stated. The quantity of any goods ordered shall be subject to fluctuation of plus and minus 10%. Samples are counted.
Special Goods
Special orders i.e. non-catalogue goods require 100% deposit of the total amount payable in advance. The Company cannot accept, for whatever reason, cancellation of contracts covering the supply, manufacture or purchase of goods to the Customer’s specification or request. Such goods must be taken by the Customer and paid in full. The Customer will be liable to compensate the Company for any partly finished products, material stock and tools held for the manufacture or supply of the goods.
Artwork supplied by the Customer for special orders must be supplied in a suitable printing format. The Company does not accept responsibility for artwork which goes astray in transit.
Risk
The risk in the goods shall pass to the Customer on delivery.
Payment
Payment in advance is required for new Customers until an account has been set up. Unless agreed in writing, payment in full is due 30 days from invoice date. Time is of essence as regards payment terms. The Company reserves the right to charge interest at a rate of 4% above the Barclays Bank PLC base lending rate on any account overdue. The Company reserves the right to withdraw or alter any payment or credit terms at any time without prior notice.
Specification
Whilst every effort is made to ensure photographs, measurements, weights and other descriptive specifications of goods submitted in the catalogue are accurate such details are published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract and the Company shall not be held responsible for: (a) printing errors, mistakes and alterations (b) unavoidable technical modifications (c) the delivery of goods which are not strictly in accordance with the stated specifications. (d) minor deviations in quality, colour, weight, etc that are customary in trade The Company reserves the right to reject orders which only specify product descriptions without the article numbers stated in the catalogue.
Alterations on orders and cancellations for products already ordered, delivered or custom finished will not be accepted.
Warranty
The Company warrant that all goods shall be of satisfactory quality and conform to any specification agreed by the Company in writing and that they will be within the normal limits of industrial quality of such products. The liability of the Company for breach of such warranty or any claim in respect of any defect in the goods shall be limited to replacement of the goods or
reimbursement of the price paid by the Customer for those goods. The Company shall not be liable under this warranty where the defect is a consequence of the goods being subjected to abnormal usage or where the defect is due to an act of neglect or default of anyone other than the Company. Subject as expressly provided in these Conditions, and except where the goods are sold to a person dealing as a Consumer, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the goods are sold under a consumer transaction. the statutory rights of the Consumer are not affected Nothing in these Conditions shall exclude the liability of the Company for any death or personal injury caused by the Company’s negligence, for any matter which it would be illegal to exclude liability for or for fraud or fraudulent misrepresentation.
Subject as aforesaid, the Company’s total liability to the Customer in contract tort or otherwise howsoever shall be limited to the price of the goods and the Company shall not be liable to the Customer for loss of profit or loss of business whether direct, indirect or consequential or in relation to the Contract.
Returns
Defective goods should be returned to the Company at the Customer’s expense. Such returns can only be made with the Company’s written authorisation. The Customer must notify the Company in writing within 48hours after receipt of goods or in the case of a latent defect 5 working days after discovery of the defect of his/her intention to return goods. Goods returned without written notification will not be accepted and must be paid in full by the Customer. Return of non-faulty goods will be subject to a 10% handling charge and return carriage at the Customer’s expense. All returns must be in their original packaging, with delivery note, and packaging label.
Postal returns will not be accepted without written authorisation and will be returned at the Customer’s expense. If the Company is satisfied as to the merit of the claim the Company shall reimburse the Customer for expenses directly incurred in returning the defective goods.
A defect affecting part only of the goods shall not entitle the Customer to reject the entire delivery.
Loss in Transit
Loss or damage during transit is to be reported to the Company and the Carrier within 5 days of delivery or within 14 days of invoice date in the case of non-delivery. In the absence of any such notification the goods will be deemed to have been delivered properly. The Company shall be indemnified by the Customer to the value of the goods due to the failure by the Customer to give such notice in due time, should this become necessary.
Title
The goods shall remain the property of the Company until payment in full has been received in respect of all sums due to the Company by the Customer for the goods or on any other account. The Customer’s right to possession of the Goods shall terminate immediately if the order is cancelled or the customer becomes bankrupt, goes into liquidation or administration, makes any arrangement with creditors, benefits from any other statutory provision for the relief of insolvent debtors, fails to perform any of its obligations under its contract with the Company, is unable to pay its debts or encumbers or charges the Goods. The Company shall be entitled to enter upon the Customer’s premises at any time using reasonable force for the purpose of inspecting goods or, where the Customer’s right of possession has terminated, to recover goods.
Force Majeure
The Company shall not be liable to the Customer for failure to deliver the goods or for any delay in delivery of the goods or for any damage to or defect in the goods where such failure is wholly or partly outside the Company’s reasonable control, including shortage of raw materials, strikes, riots or acts of God, fire, theft, war, global pandemic and embargo provided that if the event in question shall continue for a period in excess of 180 days the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.
All rights are reserved.
No part of this publication including text, photos and drawings may be partly or wholly reproduced, stored in a retrieval system, translated or amended without the written authorisation from Allied Point of Sale Ltd.
The patents and brand names used in this publication are protected. Neither the presence or the absence of the trademark designation should affect this protection.
Reproduction of the colour in illustrations cannot be guaranteed.