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Terms & Conditions of Sale
1. ABOUT THIS DOCUMENT
What they cover
This document sets out the Fibretec Solutions Lts Web Sale Conditions (referred to as the sale conditions).
Changes
We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
2. BUSINESS SALES ONLY
These sale conditions apply to all sales of goods by us to businesses through our web site, and shall apply to any orders you submit through our web site.
3. DEFINITIONS
In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-
4. HOW THE CONTRACT IS MADE
Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
Acceptance of your order
Your order is accepted, and the contract is made, when we send you an e-
Declining your order
If we decline your order for any reason we will normally e-
5. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
6. DESCRIPTION
The goods will be the make and description of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
7. CHARGES AND VAT
You agree to pay the price, delivery charges and any other charges and discounts stated in the web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are exclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.
8. PAYMENT TERMS
Payment With Order
Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made before good are shipped.
Credit Account
If you have a credit account with us, then the price, delivery charges, and any other fees and discounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of your order.
Payment Methods
We accept payment by Credit Card via Pay Pal, after acceptance of order Pay Pal will email a request for payment. Payment is deducted when we process your order, if payment is due with order. If credit terms have been agreed, then we also accept payment by cheque or bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorised or cleared for any reason we will tell you.
No Set-
You must make all payments in full without set-
Interest
9. DELIVERY
Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages.
Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 11.00 a.m., please calculate your delivery time as if your order had been placed the following working day.
Delivery Timescales
We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in our email to you, or our standard delivery timescales stated on our web site. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-
Instalments
We may make delivery of the goods by instalments.
Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-
Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your goods, as this will be important if you are returning the goods later on.
Installation
You will be responsible for unpacking and installation of any goods.
Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 10 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
Risk
Risk in the goods shall pass to you on delivery.
Retention of Title
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.
10 WARRANTY
Our Warranty
We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the goods;
(b) we will replace the goods with goods which do conform to the contract; or
(c) we will take the goods back and refund you all amounts paid by you under the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law.
11 LIMITATION OF LIABILITY
Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
Excluded Types of Loss
Subject to the Clause above, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
General Limitation
With the exception of liability covered by Clauses above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.
12. FORCE MAJEURE
We shall not be liable to you for non-
13. RIGHT TO CANCEL OR VARY
If:-
(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
(b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or
(c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
14. GENERAL
Entire Agreement
The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director. No employee, other than a company director, has authority to change the terms of the contract.
Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
Law and Jurisdiction
The contract shall be governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction.