Terms & Conditions - D.G. Roofing Limited Standard Conditions of Sale
1. Interpretation: In these conditions of sale:
"Company" means D.G. Roofing Limited, registered in Ireland No. 396825 whose registered office is Williamstown, Co. Galway.
"Customer" means the person(s)/business that purchase the Goods.
"Goods" means Goods ordered by the Customer from the Company, in an order which has been accepted by the Company and shall not include any tooling or intellectual property relating to the Goods.
"Quotation" means the "Price", excluding VAT and including delivery details.
"Price" is the Price exclusive of VAT and any other taxes that may be applied.
All quotations are valid in all respects, including price and delivery, for a period of 30 days from date of Quotation.
2. Delivery Date: The Company shall use reasonable efforts to meet any stated delivery date but shall not be held liable (in contract, negligence or otherwise) for any loss or damage arising from its failure to do so, however caused. If for any reason the Customer is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Company may, at the request of the Customer, if storage facilities permit, agree to store the Goods until their actual delivery date, and the Customer shall be liable to the Company for storage, insurance and other expenses incurred in so doing. While the Company will endeavour to safeguard the Goods, the Company does not accept any reponsibility for damage or loss of such Goods while being stored at the Company's facilities.
3. Delivery Location: Delivery shall be at the Customers premises, unless otherwise agreed. If there are any abnormal conditions attaching to the site which affect delivery we reserve the right to make a further charge to cover additional costs. Delivery will not be made to a location on site which we deem to be hazardous or dangerous.
4. Delivery Instalments: Unless otherwise expressely agreed in writing, the Company may make delivery in one or more instalments.
5. Packaging, Carriage and Insurance. The Prices are inclusive of any costs of standard packaging and carriage. Where the Customer uses his/her own labour for unloading the delivery then the Customer shall be solely responsible for insuring his/her emloyees/labourers and for insurance on any equipment that the Customer uses to assist with the offloading.
6. Retention of Title: Title to the Goods only passes to the Customer when payment in full has been receieved and cleared by the Company. Process waste will be and remain the property of the Customer and no refunds will be made by the Company in respect of process waste.The Company reserves the right to enter the Customer's premises and/or lands to repossess Goods when payment in full has not been made.
7. Risk: Risk to the Goods, but not title, will pass to the Customer upon delivery and the signature of any employee or representative or someone holding themselves out as a representative of the Customer acknowledging receipt of the Goods shall be conclusive evidence of receipt of the Goods specified on the relevant delivery docket.
8. Queries & Complaints: Notification of queries and/or complaints must be notified to the Company within 48 hours of delivery of the Goods.
9. Value Added Tax (VAT): Unless expressely quoted in writing as including VAT, all Prices are exclusive of VAT or other Government taxes, or duties or charges of any nature whatsoever and if applicable, shall be paid by the Customer.
10. Payment Terms: The Csutomer shall make all payments due to the Company in line with the following agreed credit terms, unless otherwise expressely agreed in writing betwen the Company and Customer:
i) Placing of Order 30%
ii) Frame Delivery 30%
iii) Final Sheeting Delivery 40%
Payment for Sheeting must be made in full at the time of order unless the Customer has an approved credit account with the Company.
11. Interest: The Customer shall pay to the Company interest on any overdue amount at a rate of 5% per annum above the refinancing base rate of the European Central Bank from the due date for payment until the date the payment is finally made, calculated on a daily basis and compounded monthly. Interets will be payable before and after Court judgement.
a) The Company warrants that at the time of sale, it (the Company) will have title to sell the Goods to the Customer.
b) The Company will manufacture and supply Goods in accordance with drawings and specifications supplied by the Customer or supplied by the Company and in all cases approved by the Customer in writing.
c) The Company will entirely rely on the manufacturer's and/or vendors of the materials and/or components used in the manufacture of the Goods to ensure that the said materials and/or components are of the requisite quailty and comply with the relevant specification(s) or sample(s). Acccordingly, the Company gives no warranty or representation in regard to the materials and/or components, quality or compliance with specifications(s) or sample(s).
d) Furthermore, the Compamy gives no warranty or representation in regard to any materials or components which are supplied by the Customer.
e) The Company warrants that it will provide a 1 (one) year warranty in regard to materials supplied.
13. Remedy: If the Company is in breach of the warranties given under Clasue 12, its liability shall be limited to:
a) A replacement of the product concerned, or
b) At the option of the Company, reimbursement of the Price.
14. Consequential Loss: The Company shall not, under any circumstances, be liable to the Customer by reason of any representation or warranty, condition of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Company, its employees or agents or otherwise, even if advised of the possibility of such damage.
15. Validity of Conditions: If any of these conditions is held to be invalid, this shall not affect the validity of the remaining conditions. Acceptance of the Goods implies acceptance of these conditions.
16. Web Site: Whilst every effort is made to ensure that all information included in our website is accurate, users are advsied that they should take appropriate precautions to verify such information.
17. Governing Law: These conditions of sale shall be goverened and construed in accordance with the laws of the Republic of Ireland and are subject to the exclusive jurisdictiaon of the Irish courts.