TERMS AND CONDITIONS OF SALE OF THE COMPANY NAMED OVERLEAF
IMPORTANT STATUTORY NOTICE
Subject as may hereinafter be provided pursuant to the provisions of Section 55 of the Sales of Goods Act 1893 as amended, and by Section 40 of the Sale of Goods and Supply of Services Act 1980, nothing herein will affect or prejudice the rights of a Consumer as defined by the Act as provided by Sections 12, 13, 14 and 15 of the Sale of Goods Act 1893 as amended, and by Section 39 of the Sale of Goods and Supply of Service Act 1980.
TERMS AND CONDITIONS OF SALE
Terms strictly proforma unless otherwise agreed in writing by a Director of the Company named overleaf.
Delivery periods quoted are from receipt of the approved artwork. Any item quoted or represented for delivery or despatch, or the carrying out of any work is given only as an estimate but in the belief that it can be kept. Nevertheless, neither the company therein nor its agents or servants, shall be under any liability for any loss arising from any delay howsoever the same shall arise or by whomsoever the same shall be caused.
3. RETENTION OF TITLE
Title to the goods sold shall not pass to the customer until paid for in full but once delivered shall not be returned except with previous written consent of the company therein.
Risk in the goods shall pass to the customer upon delivery to the customer or his representative or nominee of the company therein or to An Post or any carrier, and such carrier shall be deemed to be the agent of the customer.
In the case where urgency or other factors require the company therein to use its initiative in approving artwork or otherwise acting on behalf of the customer it will act according to its knowledge of the wishes of the customer but shall have no liability to the customer whatsoever provided the company therein acted reasonably in the circumstances known to it.
The invoice value is strictly nett of V.A.T. which is charged at the rate then current.
Samples are submitted on approval and may be charged at value unless returned within 14 days.
Orders are subject to normal colour deviations in silk screen printing and colour film processing. Materials used will be matched as closely as reasonably possible.
Whilst every endeavour is made to deliver the exact quantity ordered, in the event of a delivery of plus or minus 10% of the quantity ordered, same shall be charged pro-rata.
Customer's own responsibility. Risk begins when goods leave our premises.
11. PRICE VARIATION
The contract price is subject to unforeseen substantial increase in costs of materials, currency fluctuations, rises in transport costs or any other major influence on the cost to the company therein of goods contracted for and may be increased by the company therein by notice in writing to the customer in accordance with any such increase.
12. VIS MAJOR
In the event of war, riot, civil disturbance or other major forces outside the control of the parties rendering it impossible or impractical for the company therein to complete the contract, the company therein may at its option repudiate this agreement by notice in writing to the customers.
This contract has been made in Ireland at the premises of the company named overleaf and shall be deemed to have been so made. Accordingly IRISH AREA COURTS SHALL HAVE JURISDICTION in relation to any disputes arising.
14. ARTWORK BLOCKS ETC.
The cost of artwork, blocks, templates, dies and any origination is additional on the first order for any design and will be charged accordingly. When artwork has been approved, the responsibility rests with the customer to ensure that the design and copy are correct. If copyrights unknown to the company therein are infringed to meet customer's instructions this is the customer 's responsibility and the customer shall indemnify the company therein in respect of all actions, proceedings, claims or costs, loss, damage or expense suffered by the company therein in respect thereof.
In the case of any conflict between any of these general conditions and any especially agreed condition the latter shall prevail.
16. OVERDUE ACCOUNTS
Interest will be charged at the rate of 10% per annum after 14 days. Legal and debt recovery costs must be paid for by the Customer.