Terms & Conditions. All Goods and Services are supplied in accordance with our Trading Terms & Conditions which are set out in full on this site.
Buying from us :: Once you have found an item you wish to purchase, click on add to cart, from there follow the instructions simply fill out you details, please make sure to provide valid e-mail and contact phone number. Once submitted we will contact to arrange payment method and suitable delivery times. Any special requirements or delivery comments should be entered in the section provided in the check out section.
If we get a order in from the on-line shop then you are commenting to buy this item from us.
All prices includes VAT
Shipping & Handling :: Postage and packaging will be charged at cost price for all orders. Currently we are only shipping within Rep of Ireland. Please contact us for all other destinations and costs
Delivery:: All orders are processed upon receipt. Please allow fourteen to twenty one working days for receipt of orders. A charge at cost price per package is made to cover packing. We will attempt to pack multiple purchases into one consignment but where this is not achievable for exceptional items only, we reserve the right to charge a further carriage charge for extra consignments. This will not be done without our contacting you first by email
About Us:: If you have any comments please e-mail us at : firstname.lastname@example.org.
Remittance Terms :: Only Items paid for by debit or credit cards can be accepted. Goods can also be dispatched against cleared cheques by arrangement.
Returns:: Goods can only be returned with prior authorization. Please contact email@example.com or (064) 6632328. Only goods authorized for return will be accepted and must not be returned until you receive a Returns Number, Any item that have to been ordered specially are subject to 20% restocking charge.
SEAMUS WELDON T/A GORTNAVOGUE LIMITED
CONDITIONS OF SALE
1.1. In these Conditions:
'BUYER' means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
'GOODS' means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
'SELLER' means Seamus Weldon T/A GortnaVogue Ltd (registered in Rep of Ireland)
'CONDITIONS means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and
conditions agreed in writing between the Buyer and the Seller;
'CONTRACT' means the contract for the purchase and sale of Goods; and
'WRITING' includes telex, cable, facsimile transmission and comparable means of communication.
1.2. Any reference in these Conditions to any provisions of a statute shall be construed as a reference to that provision as amended, re-enacted at the relevant time.
1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of the sale
2.1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order
of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and
conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer s acceptance of these Conditions.
2.4. No variation to these Conditions shall be binding unless agreed in Writing between the authorized representatives of the Buyer and the Seller.
2.5. The Seller's employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the
Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.6. Any advice or recommendation given by the Seller to its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods
which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any
such advice or recommendation which is not so confirmed.
2.7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued
by the seller shall be subject to correction without any liability on the part of the Seller.
Orders and specifications
3.1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller's authorized representative.
3.2. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for
giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3. The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller's quotation.
3.4. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer
shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by
the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other
person which results from the Seller's use of the Buyer's specification.
3.5. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or,
where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
3.6. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall
indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses
incurred by the Seller as a result of cancellation.
3.7 The orders of emergence spare parts (Parts to be supplied within 48hours only applies to working days) which are not in stock at premise of Seamus Weldon TA GortnaVogue Ltd are subject to percentage surcharge;
Price of the goods
4.1. The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's
published price list current at the date of acceptance of the order. All price quoted are valid for 30 days only after which time they may be altered by the Seller
without giving notice to the Buyer.
4.2. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller
which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties,
increases in manufacturers prices, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or
specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller
adequate information or instructions.
4.3. Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller,
all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be
liable to pay the Seller's charges for transport, packaging and insurance.
4.4. The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
4.5. The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they
are returned undamaged to the Seller within 14 days of delivery.
Terms of Payment
5.1. Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of Goods at any time after
the Seller has notified the Buyer that the Goods are ready for collection.
5.2. The Buyer shall pay the price for the Goods on or before delivery of the Goods and in any event within 30 days of the date of the Seller's invoice, and the Seller shall
be entitled to recover the price, not withstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of
payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.3.1. cancel the contract whereupon any deposit paid by the Buyer shall be forfeited;
5.3.2. suspend any further deliveries to the Buyer;
5.3.3. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller)
as the Seller may think fit (not withstanding any purported appropriation by the Buyer); and
5.3.4. charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 7% over the European Central Bank main refinancing rate and on the entire overdue invoice amount, however big or small and including any VAT base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). This is law was set by EU Legislation in 2002 Late Payment in Commercial Transactions
6.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are
ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
6.2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for
delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the
quoted delivery date upon giving reasonable notice to the Buyer.
6.3. Where the Goods are to be delivered in installment, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the
installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installment shall not entitle the Buyer to treat the
Contract as a whole as repudiated.
6.4. If the Seller fails to deliver the Goods (or any installment) for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller
is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar
goods to replace those not delivered over the price of the Goods.
6.5. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any
cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller
6.5.1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage;
6.5.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess
over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6.6. Risk of damage to or loss of the Goods shall pass to the Buyer:
6.6.1. in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection:
6.6.2. in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of
the Goods, the time when the Seller has tendered delivery of the Goods.
6.7. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until
the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which
payment is then due.
6.8. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods
separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property.
6.9. Until such time as the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if
the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
6.10. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but
if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and
Warranties and liability
7.1. Subject to the conditions set out below the Seller warrants that Goods manufactured by the Seller will correspond with their specification at the time of delivery and
will be free from defects in material and workmanship for a period of twelve months from the date of their initial use or twelve months from delivery, whichever is
the first to expire.
7.2. The warranty contained in clause 8.1 above is given by the Seller subject to the following conditions:
7.2.1. the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
7.2.2. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence abnormal working conditions,
failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval;
7.2.3. the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not
been paid by the due date for payment;
7.2.4. the warranty does not extend to glass in any event nor does it extend to any parts, materials or equipment not manufactured by the Seller, in respect of
which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
7.3. The Seller shall (so far as it is legally entitled to do so) assign to the Buyer the benefit of any warranty or guarantee by the manufacturer of the Goods.
7.4. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
7.5. Where the Goods are sold under a consumer transaction (as defined by the business to Consumer Transactions act 2007 (Restrictions on Statements) Act 2007) the statutory rights of the
Buyer are not affected by these Conditions.
7.6. The Buyer shall inspect the Goods on delivery and shall within 3 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to
comply with description. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is
made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract and free
from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
7.7. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is
notified to the Seller in accordance with these Conditions, the Seller shall be entitled to repair or replace the Goods (or the part in question) free of charge
(provided that any defective parts have been returned to the Seller if the Seller so requires) or, at the Seller's sole discretion, refund to the Buyer the price of the
Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
7.8. Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless
fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or
consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the
negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer,
and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these
7.9. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the
Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality
of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
7.9.1. Act of God, explosion, flood, tempest, fire or accidents;
7.9.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.9.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
7.9.4. import or export regulations or embargoes;
7.9.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
7.9.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7.9.7. power failure or breakdown in machinery.
Use of the Goods
8.1. The Buyer shall ensure that the Goods are used and maintained strictly in accordance with the Seller s instructions particularly in order to ensure the safe use of the
Goods and the prevention of damage to the Goods.
8.2. The Buyer shall be responsible for ensuring compliance with any statutory or other provisions and regulations relating to the use of the Goods on a public highway
before the Goods are so used.
Insolvency of Buyer
9.1. This clause applies if:
9.1.1. the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes
subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
9.1.2. an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
9.1.3. the Buyer ceases, or threatens to cease, to carry on business; or
9.1.4. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2. If this clause 10 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any
further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately
due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office
or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.2. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these
Conditions and the remainder of the provision in question shall not be affected.
10.4. The Contract shall be governed by the laws of Ireland, and the Buyer agrees to submit to the exclusive jurisdiction of the Irish courts.