Terms and Conditions
Condition Of Sale
Commtech Solutions Ltd
(hereinafter called ‘the Company’)
Orders
Orders are accepted on the basis that the goods shall be delivered with all
convenient speed. When delivered the goods shall be accepted by the Purchaser
and payment shall then be due.
Rerservation Of Title
1 The goods supplied shall remain the property of the Company until the entire
of the purchaser payable therefore and all other owing by the Purchaser to the
Company has been paid in full.
2 The Purchaser shall be entitled to sell the said goods during the time that
they remain the property of the Company. In such event the Purchaser shall be
under fiduciary duty to account to the Company for the proceeds of such sale to
the extent of the total of all monies owing by the Purchaser to the Company.
3 If any amount owing by the Purchaser to the Company is overdue, the Company
may (without prejudice to any of its other rights or remedies) repossess and
resell any or all of such goods, and may enter upon the Purchaser’s premises
for that purchaser.
4 The goods shall be at risk of the Purchaser from the time of delivery to the
Purchaser notwithstanding that the property of the goods shall not have passed
to the Purchaser. The reservation of title clause shall not entitle the
Purchaser to return the goods and refuse or delay payment on the grounds that
the property has not yet passed. The Company and the Purchaser will treat the
goods as the Purchaser’s stock from the date of the invoice in respect thereof.
This reservation of title clause shall not constitute an Agency.
Interest
Our maximum credit terms for all goods are 30 days from date of despatch. All
accounts due to the Company must be paid within 15 days from the furnishing of
the account. In the event of accounts not being paid within the said 15 days,
then such overdue sums of monies shall carry interest at the rate of 2% per
month. The right of the Company to charge interest under this clause shall be
without prejudice to any rights that the Company may have to repossess or
resell the said goods under clause 3 herein.
Claims
Claims arising from damage delay or partial loss of goods in transit must be
notified to the Company immediately on receipt of the goods by telephone and
confirmed in writing to the Company and the Carrier so as to reach them within
3 days of delivery. Acceptance of notification of a claim shall not be
construed as admission of liability.
Liability
The Company shall not be responsible for indirect loss or third party claims
occasioned by the delay in completing the Purchaser’s order or for any loss to
the Purchaser arising from delay in transit. Where goods are defective for any
reason, including negligence, the Company’s liability (if any) shall be limited
to rectifying such defect by way of replacement.
Force Majeure
Every effort will be made by the Company to carry out its contracts but the due
performance of such contracts is subject to cancellation in contract or
variation thereof as may be necessary as a result of inability to secure
labour, materials or supplies as a result of Acts of God, war strike, Lock-out
or any labour dispute, fire flood, drought, legislation or other cause (where
of the foregoing class or not) beyond the Company’s control.
Laws
These conditions and all other express terms of any contract with the Company
shall be governed and construed in accordance with the laws of the Republic of
Ireland.
Prices & Quotations
Any price quoted may (unless otherwise stated in the quotation) be varied by
the Company in accordance with cost variations.
Returns
Any goods approved for return must be advised in writing quoting the Company’s
invoice number. The Company disclaims liability for any returns whilst in
transit to the Company. The Company reserve the right to charge a reasonable
handling charge where this is justified. Goods returned for replacement or
credit when supplied correctly will be subject to a 15% handling charge.
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