TERMS AND CONDITIONS
The following Terms and Conditions shall apply to all contracts concluded by N.A.A. Limited, (‘theCompany”) in respect of the supply of the goods listed overleaf to the exclusion of all other terms and conditions whether expressed or implied. No variation hereof or addition hereto shall be binding upon the Company unless in writing under the hand of a responsible official of the Company.
In respect of the goods where the delivery period is within twenty-one days from the date of quotation the price stated is fi rm. In any other case the Company is entitled to increase the price of its price ruling at the date of delivery.
In respect of the goods the Company makes no representation and gives no warranty or guarantee express or implied statutory or otherwise that they are fi t for any purpose whatever irrespective of any information given to the Company as to the intended use of the goods. The Company accepts no liability whatever for the breach of any representation warranty or condition express or implied statutory or otherwise in respect of the goods which is hereby expressly excluded and shall not be liable either in contract or in tort for any loss or damage direct or indirect arising out of or in connection with the goods or their use. Any instructions or advice as to the use of the goods is given in good faith but is for information only and shall not give rise to any legal obligation whatever on the part of the Company.
All information contained in any of the publications distributed by the Company is given in good faith but without warranty and the Company accepts no liability whatever for any loss or damage direct or indirect and howsoever occurring arising out of or in connection with the same.
The Company gives no warranty express or implied in respect of the goods as to freedom from Patent rights.
5. DELIVERY DATES
The Company will use its best endeavours to supply goods and/or execute work on or before the date specified but time shall not be of the essence and the Company shall not be liable for any loss or damage direct or indirect arising out of failure to deliver and/or execute or delay in delivery and/or execution due to circumstances beyond its control.
6. NOTIFICATION OF NON-DELIVERY
If goods do not arrive within seven days from the date of invoice the purchaser must immediately notify the Company of non-delivery. Failure to do so may cause claims by the Company to be rejected by the carrier in which event any loss must then be borne by the purchaser.
All quotations are subject to withdrawal in whole or in part without notice.
8. GOVERNING LAW
All Contracts shall be governed and construed according to the laws of Ireland and any dispute arising out of or in connection with the same shall be submitted to the exclusive jurisdiction of the Irish Courts.
9. RESERVATION OF TITLE
A. The customer acknowledges that before entering into an agreement for the purchase of any goods from the Company, he has expressly warranted and represented that, being a company with limited liability, he knows of no circumstances which would entitle any Debenture holder or Secured creditor to appoint a receiver, to petition for winding up of the Customer or exercise any other rights over or against the Customer’s assets, or knows of no circumstances which would justify the bringing of a petition for the appointment of an Examiner.
B. Goods the subject of any agreement by the Company to sell shall be at the risk of the Customer as soon as they are delivered by the Company to his vehicle or premises or otherwise to his order.
C. Such goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the agreed price together with the full price of any other goods the subject of any other contract with Company.
D. The Customer acknowledges that he is in possession of the goods solely as Bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods the subject of any other contract with the Company.
E. Until such time as the Customer becomes the owner of the goods, he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
F. The Customer’s rights to possession of the goods shall cease if he, being a Company, does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may re-possess the same.
G. If goods the property of the Company or mixed with goods the property of the Customer or are processed with or incorporated therein, the product thereof shall become and or shall be deemed to be the sole and exclusive property of the Company. If goods the property of the Company are mixed with goods the property of any person other than the Customer or are processed with or incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.
10. CONDITIONS OF PAYMENT
Notwithstanding any clause concerning payment fi led in the aforenamed conditions all payments are to be effected in full within four weeks after date of invoice failing which an interest of 1% per fortnight will become due if payment has not been effected within eight weeks after date of invoice the amount due will be collected by force of law at debtors expense.
TERMS AND CONDITIONS | NAA Ltd | 2016