Conditions of Sale
If the Buyer’s order purports to exclude these conditions such clause shall be ineffective unless the Buyer shall have obtained the Company’s express written agreement to vary these conditions.
While the company will do it’s best to comply with any requirements of the Buyer the responsibility for ensuring that the goods are suitable for the Buyer’s purpose and meet the Buyer’s requirements are the Buyer’s.
No warranty conditions description or representation given or made before the Company’s acceptance of order is to be treated as a term of contract or as inducing it unless expressly incorporated I the contract documents.
2. Return of Goods
The Company warrants where applicable the goods are within usual tolerances as to quality and finish and will replace or refund the price of any goods which do not comply with this warranty. As the Company is generally unaware of the use to which it’s goods will be put all conditions and warranties as to fitness for purpose whether express or implied and whether arising to statute, custom of the trade or at common law are excluded. The Company shall not be liable for loss or profit, damage to plant or for an consequential or special loss or damaged sustained by the Buyer as a result of any breach of contract by the Company.
3. Price and Terms of Payment
All prices quoted are those applicable at the date of receipt of order and not at date of despatch. All prices are subject to revision at any time and Hibernia (otherwise known as Hibernia Steel Products Limited) reserves the right provided that notice in writing is given to charge such revised prices for the goods remaining to be despatched. Prices quoted for orders are ex works. Unless otherwise agreed in writing pries are strictly net and payment for deliveries shall be made with in 60 days from end of month of delivery. In the event of any delay in payment Hibernia shall be entitled to charge interest on any outstanding balance at the rate of 2% per calendar month or part thereof and during such period of default and at any other time when the buyer shall be in breach of the terms of the contract. Hibernia shall have the right to withhold deliveries without prejudice to it’s right to payment for goods delivered and for work undertaken and all expenses incurred in connection with undelivered goods which shall become immediately die and payable on demand.
4. Title and Risks
Title to the goods shall remain in Hibernia until payment in full is made by the Buyer. This shall not prevent the buyer from incorporating the goods in any product or structure or from selling the goods or embodying the goods in such event (to the extent of the buyer’s indebtedness to Hibernia in respect of the goods) the buyer shall:
Hold the proceeds of sale or the right ot receive the same on trust for Hibernia and
Place the proceeds of sale in a separate account of the buyer in such a way as to be identifiable as in the beneficial ownership of Hibernia, and:
At Hibernia’s request assign the right to receive the proceeds of sale to Hibernia
In the event of the buyer suffering any distress or execution to be levied against him or entering into any arrangement with his creditors or (being an individual)becoming subject to the bankruptcy laws or (being a company) entering liquidation otherwise that for the purposes of amalgamation or reconstruction or having the receiver appointed of the whole or any part of the assets Hibernia without prejudice to it’s other rights under these conditions shall be entitled to enter upon any lands or premises where the goods or any product embodying the goods may be for the time being., to despatch the goods embodied and to recover possession of them. Where some of the goods supplied buy Hibernia have been paid for and some have not Hibernia shall be entitled to assume that any goods disposed of are those that have been paid for and that any goods remaining are those that have not been paid for and to recover possession of them. The risk in the goods shall pass on delivery.
5. Validity and Acceptance
An order whether or not based upon a quotation shall not be binding to Hibernia unless it is accepted in writing.
Where the delivery is made by instalments each instalment shall be treated as a separate contract and delay default or non-delivery in respect of any instalment on the part of Hibernia shall not entitle the buyer to cancel reminder of the contract. Failure by the buyer t pay for any instalment or delivery when due shall entitle Hibernia to withhold further deliveries. Delivery dates are provisional and are based upon the information from our suppliers and shippers and there fore any delays of delivery shall not result in any liability being imposed on Hibernia, for any loss incurred by the buyer as a results of such delay.
7. Force Majeure
Notwithstanding the provisions of any other terms of this contract neither party shall be regarded by the other as in breach thereof to the extent that such a party is prevented from or hindered in fulfilling his or his or it’s obligations hereunder by any circumstances outside his or it’s reasonable control including strikes, lockouts whether in Ireland or abroad provided that such party shall have given written notice to the other party of such circumstances within a reasonable time after learning of them. If any circumstances the subject of any such notice shall either alone or in aggregate with the circumstances of any other such notice continue for a period exceeding three calendar months or prevent or hinder the performance of this contract by either party then the other party may by written notice to the other terminate this contract with regard to any unperformed portion thereof.
8. Legal Construction
This contract shall in all respects be governed and construed in accordance with Irish Law.