- General Terms
All and any business undertaken by Deker Horticultural Suppliers Ltd. (Incorporating Deker Giftware) (herein call “the Company”) in respect of its products (hereafter call “the Goods”) is transacted subject to conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any Agreement between the Company and its customers. No Agent, Representative, or Employee of the Company, save only the Managing Director in writing has the authority to alter or vary these conditions and the Company does not recognise any terms and conditions of contract by the Customer unless so specifically agreed in writing. Execution of, or compliance with or implementation of orders does not imply acceptance of the Customer’s terms and conditions. The company is not responsible for non-fulfilment of contract or any delay in fulfilment in the event of any contingencies arising beyond their control.
All prices are quoted without engagement and all price lists are subject to alteration without notice. The company reserves the right to invoice at prices ruling at the date of despatch irrespective of the date of order. All prices are subject to VAT at the standard rate.
- Terms are strictly net cash with order unless credit facilities have been arranged.
- Where credit facilities have been granted payment must be made to the Company no later than the last day of the month following the month in which the goods were despatched.
- Customers/Buyers availing of credit facilities are not authorised at any timeto exceed their credit limit notwithstanding that payment for goods may not have become due at a time when additional goods are ordered. In such circumstances the Buyer/Customer shall ensure that payment is made at the time such additional goods are delivered so as to ensure that the credit limit is not exceeded.
- Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment, at the rate specified by European Communities (Late Payment in Commercial Transactions) Regulations 2002 [Statutory Instrument 388 of 2002] or any other amending legislation thereto.
Orders may not be cancelled after they have left the Company’s premises. The company can re-direct loads in transit but any additional costs incurred will be charged to the customer.
- Delivery / Acceptance of Goods
- Delivery of the Goods shall be made to the Customer’s address or any alternative address specified by the Customer on the order date. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- Carriage charges will be made on all orders under €500. Carriage charge will also be applied to follow-on orders. Also, where the size of goods exceeds the width of a pallet, a carriage charge will apply.
- After acceptance the Customer shall not be entitled to reject the Goods that are not in accordance with the contract.
- Where the customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the Contract of Sale.
- The company shall have no liability for any damage and/or loss incurred in respect of failure to deliver arising from circumstances outside its control. The company reserves the right to control the method of delivery and make extra charge for special carriage arrangements.
- Any shortages or damages must be recorded on the Company’s Proof of Delivery Docket and the Company to be notified in writing within 3 days of delivery, otherwise the claims will not be accepted.
- Unless we have instructions to the contrary, we will substitute the nearest alternative item in stock.
- Treatment of goods after delivery
The Company shall not in any way be liable for any injury deleterious effects or consequential loss resulting from the application of any process treatment or storage of the Goods after delivery.
If goods are accepted for return, they must be accompanied by the original invoice number and are subject to a re-stocking charge of 15%.
- Reservation of Title
All goods remain the property of the Company until payment has been made in full. In that regard the Customer implicitly irrevocably authorises the Company or any of its representatives or agents to enter upon his premises, or wherever the goods may be located, to recover goods that have not been fully paid for and no liability whatsoever shall attach to the Company for any loss suffered by the Customer, or any third party, as a result thereof.
Goods sold hereunder shall be at risk of the Customer from the time of delivery to the Customer or its agents or to a carrier for the purpose of transmission to the Customer.
- Liability and Warranties
The Company warrants that the Goods will at the time of delivery correspond to the description given by the Company. All other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
- Force Majeure
- The Company will endeavour to carry out any contract entered into under these conditions but due performance of it is subject to variation or cancellation as a result of force majeure, an act of God, war, strike, lock-out, riot, civil disturbance, criminal damage, inclement weather, flood or any other cause beyond the Company’s control or owing to the Company’s inability to procure materials or articles except at increased prices due to any of the foregoing causes.
- Time for delivery will be estimated as accurately as possible but is not guaranteed and the Company accepts no liability for loss, damage, or consequential loss in respect of delay in delivery.
All Contracts shall be governed by and constructed in accordance with the law of the Republic of Ireland and the jurisdiction of the Courts thereof.
The headings of these Conditions are provided for convenience only and shall have no effect on the interpretation thereof.
FURTHER CONDITIONS OF SALE FOR POLYTUNNELS
- Payment Terms
20% deposit with order, to confirm. Balance of payment on materials due to the Company on delivery. Construction payment due on completion.
Polythene tunnels are subject to carriage at cost.
- Cancellation of Orders
The Company reserve the right to retain any deposit paid upon cancellation of order, when cancellation is prior to delivery. Orders cancelled after delivery or when Goods arrive on site will incur a handling charge of 15% of total order and all delivery costs.
- Delivery and Construction Dates
Delivery/Construction dates quoted are given best estimates at the time of ordering. Circumstances beyond our control may affect these dates and no liability can be accepted for variation to promised dates. The Company will not accept claims for consequential loss due to delays in delivery or construction or for any other reason.
- Consequential Loss
The Company make every effort to supply products that are in accordance with our quotation/confirmation of order. Should any complaints arise the Company will properly investigate these. In any event there shall not be any liability on the Company for any consequential loss of profit, injury, or damage or otherwise caused or alleged to have arisen by reason of any failure or defect whatsoever in respect of any Goods supplied.
All prices quoted are valid for a period of 60 days unless otherwise stated.
- Dimensions and Permissions
It is the responsibility of the Customer to check that the details and dimensions on the quotation/confirmation are correct and that the equipment ordered is suitable for the site and purpose to which it applies. Responsibility for planning permissions in respect of all construction work rests with the customer and the company shall have no responsibility in this respect.
All materials supplied by the Company are sold with full benefit of manufacturers guarantee. N.B. The Company liability shall not exceed the value of any defective items.
- Construction by the Company’s construction team assuming the following conditions prevails: –
- Sand, stone, and cement to be provided by the customer. Alternatively, ready-mix concrete by arrangement with the customer and the contractors.
- Cement mixer to be provided by customer (where necessary).
- Workable access to site.
- Conditions of ground must be suitable for spade working, if not we reserve the right to charge for additional labour.
- Mains supply of electricity and water.
- Generators or special tools will be charged as extras if required.
- Removal of spoils from site not included.
- The Company cannot be held to any completion date, as the constructor’s ability to perform much of the work is dependant on the weather conditions.
- Any workmanship with which the customer is not satisfied must be pointed out before the construction team leave site.
One years Warranty on frames and all items (excluding workmanship and damage to polythene arising from damage) up to and including design windspeeds. The Company cannot be held responsible for damage to structure or cladding by wildlife or acts of vandalism.
N.B. Information is correct at time of issue, however, we reserve our right to change prices and specifications without prior notice.