Terms and Conditions
Hugh O’Malley T/A Achill Oysters – Terms and conditions of business.
- In these terms the following words shall have the following meaning. “The Company” shall mean the following: HUGH O’MALLEY T/A ACHILL OYSTERS and any of its subsidiary companies. “The Customer” shall mean the person, firm or Company offering to purchase the goods from the Company. “The Goods” shall mean products whether food or non-food, the subject matter of a contract between the Company and the Customer.
- The Company shall not be bound by any terms or conditions whatsoever whether oral or otherwise except those set out herein. No representative, agent or salesperson has any authority to waive or vary any of these conditions. The Customer is at liberty to place any order with the Company for the purchase of the goods and such order will he deemed for all purposes to be an offer to purchase the goods. The Company shall be entitled to any time to accept or reject any part only of such orders for any reason whatsoever and shall not be bound to give the Customer any reason for doing so. The Company shall not be responsible for any failure to deliver the goods sold or for any delay in such delivery by reason of any circumstance not within the control of the Company and the Company shall be at liberty by reason of such circumstance to withhold, suspend or reduce deliveries to such extent as the Company in its discretion may think fit. Any stipulation or condition of Customers order form which could conflict with, qualify or negate any of these terms and conditions of sale shall be inapplicable with any orders placed with the Company.
- Price lists are subject to amendment without notice. Prices will only be binding when the Company has given written confirmation of the order. All prices are quoted in Euro (€) unless otherwise stated.
- Prices quoted are exclusive of V.A.T. and V.A.T. will be charged at the current rate where applicable.
- Payment should be made by way of transfer to the Bank Account stated on the Invoice unless the Customer has made a prior arrangement with the Company to the contrary.
- Cancellation accepted by the Company will be accepted only at the Company’s discretion and the Company may charge for all work carried out or expenses incurred to relation to the order prior to acceptance of the cancellation. All express implied conditions and warranties, statutory or otherwise as to qualify or correspondence with description or sample are hereby expressly excluded.
- The Company makes every effort to supply the Goods in good condition and a reliable quality consistent with the standard specified or agreed by the Company, but the Company accepts no responsibility for the condition of the Goods after delivery/receipt (save where notification of a complaint referred to below). It is hereby expressly agreed and declared between the Company and the Customer that except as otherwise provided in these Terms and Conditions, and except where the Goods are sold to a person dealing as a consumer within the meaning of The Sale of Goods and Supply of Services Act, 1980 all warranties, conditions or other terms implied by statute, common law or otherwise are hereby expressly excluded. It is further agreed between the Company and the Customer that (save as where otherwise provided in these Terms and Conditions) the Seller shall be under no liability whatsoever in respect of any loss, damage, injury or consequential expense or loss arising from any defect in or in relation to the Goods even where such loss, damage, injury or expense is caused by the negligence or breach of duty by the Company, it’s servants or agents.
- All recommendations and advice given by the Company or its servants or agents to the Customer, his servants or agents as to the mode of storing, handling, applying or using the goods are given without liability on the part of the Company or its servants or agents and no responsibility will be accepted by the Company for any injury, loss or damage whatsoever arising directly or indirectly from the storage handling, application or use of the said goods. No claims for damages or shortages can be entertained unless written complaints are received within forty-eight hours of delivery. It is the duty of the Customer to ascertain at the time of delivery that the shelf life indicated for the individual goods is adequate for his purposes and no claims will be entertained unless written the Company receives complaints within forty-eight hours.
- The Company shall be responsible for any claims, actions, causes of actions, suits proceedings, costs and expenses whatsoever for or arising out of any alleged infringement of patent, trademark or copyright and merchandise delivered by the Company. In no circumstances will the Company be liable for any breach of contract due to force majeure including but not restricted to lock-outs, strikes, industrial disputes, shortages of materials, delay in transit, accidents, unforeseen hindrances, weather, war or any other causes outside the Company’s Control.
- The ownership of all goods shall remain with the Company until such time as all monies due to the Company from the Customer shall have been paid in full. Until such time as all such monies have been paid in full, the Customer, should he sell the goods in the normal course of business or otherwise dispose of them will be deemed to hold all monies received from the sub-sale thereof as bailee and trustee on behalf of the Company.
- All risks shall pass to the Customer on delivery of the goods to the Customer. The Customer authorises the Company to enter on the property of the Customer or other designated premises for delivery or storage of the goods to recover possession of the goods at all reasonable times without notice to the Customer in the event that all monies due have not been discharged. The signature of any employee of the Customer on the delivery docket shall be conclusive evidence of the delivery and risk shall pass on signature of the delivery docket. The Company may maintain an action for the price in connection with the goods, not-withstanding the goods and title shall not have vested in the Customer, until such time as all monies due from him have been discharged.
- All invoices, statements, delivery dockets and other documents supplied by the Company to the Customer shall remain the property of the Company and will be returned to the Company if so requested.
- These Terms and Conditions, including this choice of law clause, shall be governed, interpreted and construed in all respects in accordance with the laws of the Republic of Ireland.
- All disputes arising under this Agreement shall be settled under Irish Law and the parties hereto submit to the exclusive jurisdiction of the Irish Courts.
- Payment to be made upon delivery unless otherwise expressly agreed.