In these conditions, the Seller means Keith McMahon Limited and the Buyer means the purchaser of the goods. The Goods mean the products of the Seller.
1. All quotations, acceptances, undertaking or transactions are subject to these terms and conditions and any additional or different terms proposed by the Buyer shall no ament or modify these terms and conditions and shall, to the extent that they purport to so amend or modify these terms and conditions, be no effect. The Buyer will be deemed to have agreed to and accept these terms and conditions upon the placing of any order for Goods.
2. No orders in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the seller.
3. All prices quoted are exclusive of Value Added Tax where applicable.
4. The Seller reserves the right to vary its prices without notice for any reason whatsoever and unless otherwise agreed in writing, prices shall be those ruling at the date when Goods are supplied to the buyer.
5. Delivery shall be within a time period agreed between the parties and the Seller shall use its best endeavours to ensure that delivery takes place within the period agreed. Failure by the seller to deliver the goods within the agreed time period shall not amount to a breach of this contract by the Seller and the Buyer shall not be entitled to damages or other compensation or to cancel this contract by reason of such failure.
6. The Seller reserves the right to deliver in instalments. Each part delivery shall be deemed to constitute a separate contract, the fulfilment or nonfulfillment of which shall not affect any other part of the contract or the contract as a whole.
7. Where any order involves more than one delivery and the default is made on payment on the due date (either under this contract or any other contract made between the Seller and the Buyer) the Seller shall have the right to suspend all further deliveries until payment is made or to terminate the contract without prejudice to any existing claim.
8. The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, hindered or delayed by reason of any circumstances whatsoever which are outside of the control of the Seller.
9. Once delivery has been accepted the Buyer shall not be entitled to withhold or postpone payment of all or any portion of the price agreed, therefore.
10. Requests for proof of delivery must be submitted in writing within 60 days of the date of invoice.
11. Notice of claims for damages to goods or shortages must be given in writing to the Seller within three working days of the date of collection or delivery.
12. Claims for a defect in quality, nature, condition etc., must be received in writing within three working days of delivery of goods.
13. In the event of such a claim, and upon receipt of the aforementioned notice with the time specified, the Seller shall, if possible make good the said shortage, and or as appropriate, replace, without admission of liability, any Goods found to be defective, In the event that it is not reasonably possible either to make good the said shortage or replace the said Goods, the Seller may elect to give credit to the Buyer in respect of such shortage or replacement.
14. The Seller gives no warranty as to the quality or fitness for any purpose of the Goods supplied.
15. In no circumstances whatsoever shall the Sellers liability to the Buyer arising out of or in connection with this contact of the Goods supplied exceed the invoice price of any particular item in regard to which a claim is made. Insofar as any Goods supplied by the Seller are found to be defective, in no circumstance shall the Seller be liable to the Buyer (or to any third party) for any consequential losses whatsoever.
16. Notice of claims on relation to errors in pricing or discount must be given in writing within 30 days of the date of invoice.
17. Goods may be returned within 30 days from date of delivery only. The goods may be returned by prior arrangement only and are accepted for credit at the sole discretion of the Seller. A 15% handling charge shall apply on all Goods returned for credit. Any additional costs incurred by the Seller such as collection costs will also be recharged.
18. All goods supplied to the buyer, notwithstanding delivery and the passing of risk shall remain the property of the Seller until such all monies due to the
19. Seller, whether in relation to the specific goods or otherwise, have been discharged in full. Furthermore and in the event that the Buyer has not discharged all sums due to the Seller, the Seller reserves the right to repossess any goods supplied in respect of which payment has not been made and thereafter to sell on these Goods, The Buyer hereby grants an irrevocable right to licence to the Seller, its representatives or agents to enter upon all and any of its premises to recover such Goods. This clause shall be binding on the Buyer, its staff, any receiver liquidator or examiner or such other person as may be appointed by the courts.
20. The Buyer shall effect payment to the Seller for all Goods supplies on or before the due date, as agreed with the Seller.
21. Interest will be charged on all overdue amounts at a rate of 2% per month at the time payment is due – this shall apply even in the event that the Seller continues to supply Goods to the Buyer on credit.
22. The Seller reserves the right to recover all and any charges incurred by it in collecting overdue monies including debt collector fees, solicitor fees and/or court costs.
Timber Ireland, founded by Keith McMahon, expanding organisation which specialises in providing companies in the Joinery, Kitchen Manufacturing, Building and Retail sector with opportunities.