CONDITIONS. These conditions shall from part of all contracts for the supply of goods by Nunan Farm Machinery Limited (hereinafter called “the company”) to any other person (hereinafter called “the buyer”) and shall prevail over any inconsistent terms or conditions in or referred to in the Buyer’s Order contrary to these are hereby excluded and extinguished. No employee has authority to vary or add to or depart from these terms or make any representation about the goods or the contract made herein.
GUARANTEE. All, parts etc. machinery and equipment sold or repaired by the Company is sold and repair subject to the Company’s standard guarantee.
DELVIERY DATES. All machinery date mentioned by the Company are approximate only and not of contractual effect. Time of delivery is not of the essence of the contract nor shall the Company be under any Liability in respect of any delay in for whatever reason.
Risk of loss of or damage to goods shall pass to the Buyer when the goods leave the Company’s premises or in the event that the goods are delivered by the Company’s own transport when the goods leave such transport.
Any time or date stated by the Company, for delivery is given and intended as an estimate only, and the Company, shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.
The Company may choose any method of delivery. The Customer shall provide sufficient labour and equipment to offload goods at the place of delivery,
All goods must be examined by the customer immediately on delivery. Where the goods are incomplete or breakage or Shortage occurs or has been sustained the delivery dockets or carrier's receipt note must be endorsed to this effect by the Customer and the Customer must notify the carrier and Firm's sales office in writing on the day of delivery, All goods alleged damaged or not in accordance with order must be kept for inspection until otherwise advised and particulars notified to the Company’s sales office in writing immediately on receipt and not later than 7 days after receipt. NO CLAIMS WHATSOEVER CAN OTHERWISE BE MAINTAINED AGAINST OR ENTERTAINED BY THE COMPANY FOR SHORT DELIVERY.
PARTS RETURNS. Stocking Parts may not be returned for credit unless they are “As New” and have not been used. Returns must be made within 15 days of purchase. A handling charge of minimum 15% plus any carriage charges will be made on all goods returned for credit. Parts specially ordered by the Buyer cannot be accepted back for credit.
PAYMENT. Unless credit facilities have been expressly agreed in writing signed on behalf of the Company, payment shall be due on or before collection of parts, wholegoods or services. Except where otherwise agreed payment must be made within 30 days of the date of delivery and in this respect time will be of the essence of contract. The Company may complete an Order by instalments and invoice the instalments separately in which case the period of 30 days in respect of such invoice shall run from the date when the buyer is notified that the appropriate instalments is ready for collection. Payment of any instalment due is a condition precedent to starting further deliveries. The company shall have the right to terminate any contract when instalment or payment is in arrears. The cost and losses of the Company resulting from withholding deliveries of good to non-payment by the buyer shall be refunded by the Buyer. Interest will be payable on all overdue accounts at the rate of 2% above the Bank of Ireland ordinary commercial rate on overdrafts such interest to accrue from day to day and to be payable as well after as before any Judgement.
PRICE. All prices quoted show prices exclusive of V,AT and all prices are therefore plus VAT at the appropriate rates.If between the date of the acceptance of the Order and the date of delivery of the goods there shall be any increase in the cost of labour and/or materials used by the Company in the manufactured of goods of the contract description and/or any increase in the current wholesale and/or retail price of any of the contract goods which may not be manufactured by the Company, the price payable by the Buyer shall be increased accordingly.
SPECIFICATION. If between the date when goods are ordered and the date when they would be due for delivery, the manufacturer thereof shall make any change in the specification the order shall take as an order for goods of the specification in force at the date of the order or the altered specification (at the Company’s option) or the Company may cancel without liability to the Buyer .
DISTRUBITORS AND DEALERS. Distributors and dealers in ordering goods from the Company be deemed to have agreed to ensure that all persons to whom such goods are re-sold or who may agree to hire purchase the same know and agree that any liability which the Company might have towards such persons id limited in accordance with these terms and to have agreed to indemnify and hold the Company harmless from all claims, damages, costs and expenses in respect of loss, damage or injury caused by the goods and in so far as the Company incurs any greater liability or expenditure that the claimant upon these standard terms.
RETENTION OF OWNERSHIP. (a) Notwithstanding delivery and the passing of the risk, the property in the goods supplied shall remain the Company until the buyer has paid all monies owned by it to the Company whether arising under this agreement or otherwise howsoever. (b) If any of the goods supplied are processed into, incorporated in, used as materials for or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such other goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies. (c) Until such payment is made the buyer shall possess of all goods and materials and property which is vested in the Company by virtue of this clause on a fiduciary basis only, and if the Company so requires, the Buyer shall store goods and materials at no cost to the Company so what they are clearly identified as belonging to the Company. If any payment is overdue the Company may (without prejudice to any of its other rights and remedies) recover and resale all or any of such goods or materials and may enter upon the Buyer’s premises for that purpose. (d) The Buyer shall have the right to sell for the account of the Company any goods or materials the property in which is vested in the Company by virtue of this clause. In such event the Company shall entitled to and the Buyer shall be under fiduciary duty to account to the Company for the proceeds of such sale to the extent that any monies unpaid are owed by the buyer to the Company. (e) The Company shall be entitled to claim directly against the Buyer’s customers for any purchase monies unpaid by the customers provided that the Company shall return to the Buyer any recovered in excess of the amount then owed by the Buyer to the Company together with all costs and expenses involved in making such claim.
ARBRITATION. Any dispute or difference of kind whatever which arises between the Dealer and the Purchaser shall be referred to a single arbitrator to be agreed between the parties, or the absence of agreement to be named by the president for the time being of the Institution of Engineers of Ireland. The arbitrator from time to time acting under this provision shall have and may exercise all the powers conferred on arbitrators by the Arbitration Act 1954 or any statutory modification thereof. The parties further agree that in the event of the said dispute involving any further party that such dispute shall be submitted to arbitration by the same arbitrator.
SALE BY DESCRIPTION EXCLUDED. The description hereinbefore given of the said goods has been given way of identification thereof only and the use of such description shall not constitute a sale by description.
SALE BY SAMPLE. Notwithstanding that a sample of the said good has been exhibited to and inspected by the Buyer, it is hereby declared that such a sample was so exhibited and inspected solely to enable the buyer to judge for himself of the quality of the bulk, and not so as to constitute a sale by sample under the contract. The Buyer shall take the said goods at his own risk as to their corresponding or sufficiency for any purpose.
EXCLUDED DELAYS. If the Company is delayed in or prevented from carrying out its obligations under the contract by act of God, riot, strike, lock-out, trade dispute or any other labour disturbance, fire, flood, difficulty on obtaining workman, materials or transport or by any other circumstances beyond the Company’s control, the Company shall not be liable to the Buyer and the Company may determine or suspend the contract without incurring liability for any loss or damage resulting to the Buyer.
EFFECT OF BANKRUPTCY. If the Buyer becomes bankrupt or enters into as arrangement with his creditors or if execution is levied against him or (if a Company) a petition be presented or an order is made or resolution passed for a winding up or if a receiver is appointed over any property of the Buyer or if the Buyer becomes insolvent or if the Buyer is in breach of any contract with the Company, the Company may stop any goods in transit and suspend further deliveries and may determine any contract with the Buyer.
PASSING OF RISKS. (a) Subject as hereinafter mentioned risk in any goods passes at the time of delivery. (b) In respect of goods sold “ex Warehouse stocks” or “ex Quays” or otherwise from dock or other premises for collection by the Buyer, the Company will notify the Buyer when such goods are available for collection. Collection of the goods by or on behalf of the Buyer shall constitute delivery of the goods. If the goods have not been collected by or on behalf of the buyer within due time after such notification has been given the Company incurred in storing and retaining possession of or otherwise in relation to goods sold “ex Warehouse stock” 14 days in all other cases means 3 days. At least twenty-four hours notice of the proposed time of collection of the goods must be given to the Company. (c) In respect of goods sold on delivery terms the Company accepts only an obligation to deliver the goods to a reputable carrier for conveyance to the place of delivery indicated on the acknowledgement of order and the Company shall be under no liability for damage to or for loss or damage arising out of damaged goods or loss of materials in transit or at the said place of delivery. The Buyer is advised to effect insurance to cover risk to loss or damage during transit.(d) Any goods received by the Company whether under the terms of the above mentioned guarantee for repair or otherwise howsoever shall be held by the Company at the sole risk of the owner thereof and of the persons sending the same to the Company shall be under no liability for loss or damage thereto howsoever caused.
METRIC MEASURE. Where goods are sold in metric measure the Company may supply any or all of the goods in imperial dimensions.
CANCELLATION. There is no right to cancel any order without the consent of the Company.
DEFAULT BY BUYER. Goods not collected by the Customer or delivered by the Company as a result of the Buyer’s default or failure to accept same will be hold by the Company at the Buyer’s risk and the Company will not be liable for deterioration, loss or damage from any cause.
INSPECTION. The Buyer shall inspect the goods immediately on the arrival thereof and shall within seven days from such inspection give notice in writing to the Company of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice the said goods shall be deemed to be bound to accept and pay for the same accordingly.
Data Privacy Clause
Insofar personal data is submitted to the Company through this form, I agree that such data is collected and processed to receive further information about the Company’s products, parts and services. The processing of such personal data includes its transfer and processing to the Company’s suppliers and third parties commissioned, and may include business units outside the European Union. I have the right of access and the right to rectify or withdraw the data, in writing at any time.