Terms & Conditions
(1) Parties :
In these Conditions of the 'seller' means Faulkner Export Packaging Ltd., and the 'buyer' means the person to whom the goods are to be invoiced.
(2) Basis of Contract :
(a) These conditions are the only conditions upon which the 'seller' is prepared to deal with the 'buyer' and shall govern the contract to the entire exclusion of any other express or implied Conditions.
(b) These Conditions embody the entire understanding of the parties and supersede any prior promises, representations, undertakings or implications.
(3) Price :
All prices in respect of goods will be those ruling at the date of despatch of the goods unless confirmed otherwise.
(4) Payment :
Payment in full must be received by the 'seller' not later than the last working day of the month following the month in which the 'buyer' is invoiced in respect of a delivery of goods.
If payment is not made in accordance with these terms, or if at any time the credit standing of the 'buyer' has (in opinion of the 'seller') been impaired the 'seller' may refuse delivery of any further goods until arrangements as to the payment or credit have been established to the reasonable satisfaction of the 'seller'.
(5) Value Added Tax :
Prices do not include any provision for Value Added Tax and the amount thereof is additional to the prices and is payable by the 'buyer' to the 'seller'.
(6) Delivery :
The 'seller' shall not in any circumstances be liable for any failure or delay in delivery and/or consequential loss incurred on goods delivered howsoever caused.
(7) Warranty :
All express or implied conditions and warranties statements statutory or otherwise as to quality or fitness for any purpose of the contract products are hereby expressly excluded. Buyers should determine suitability through their own testing and evaluation.
(8) Passing of Risk :
The risk in the goods shall pass to the 'buyer' when the goods are tendered for delivery at the 'buyer's' premises. In the event that the goods are collected by the 'buyer' from the 'seller's' premises the risk in the goods shall pass to the 'buyer' when they are loaded on to the vehicle of the 'buyer' or of his carrier or other agent.
(9) Notice of Non-Delivery, Shortage or Damaged Goods :
The 'seller' must be notified of any shortages in or damaged goods delivered within 48 hours of delivery and such notification shall be confirmed in writing within 7 days of delivery; no responsibility whatsoever for such shortages or damaged goods will be accepted by the 'seller' in the event of failure by the 'buyer' to notify the 'seller' of same within the said period. Goods damaged in transit should not be accepted from the carrier and no credit will be given for, or replacement made of goods accepted from a carrier in damaged condition.
(10) Passing of Title :
Until full payment has been made of all sums outstanding from the 'buyer' to the 'seller' (including balances outstanding in respect of prior transactions) -
(a) The property of the goods shall remain in the 'seller'.
(b) The 'seller' reserves the right of disposal of the goods until all the debts owing to the 'seller' arising from the sale have been discharged. If the 'buyer' sells the goods before all debts owing to the 'seller'; have been discharged then the 'buyer' shall transfer to the 'seller' all and every claim he has against his 'buyer' emanating from the transaction.
(c) In the event of the appointment of a Liquidator or Receiver by the 'buyer' the 'seller' shall have the right to re-possess the goods and the 'buyer' hereby grants the 'seller' an irrevocable licence to enter upon any premises of the 'buyer' for so doing.
(11) Force Majeure :
The 'seller' shall not be liable for any loss or damage incurred by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the 'seller's' control, including, but not limited to , an act of God, War, Civil Disturbance, Requisitioning, Governmental or Parliamentary Restrictions, Prohibitions of Enactments of any kind, import or export Regulations, Strikes, Lock-Outs or Trade Dispute (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, Breakdown of Machinery, Fire or Accident. Should any such event occur, the 'seller' may cancel or suspend delivery without incurring any liability for any loss or damage thereby occasioned.
(12) Minimum Order :
The 'seller' reserves the right to establish minimum order levels.
(13) Patent Rights :
If the 'buyer' uses or sells the goods supplied in such a manner as to infringe any patent rights, the 'seller' shall not be responsible for such infringement and the 'buyer' agrees to indemnify the 'seller' from and against all liability arising therefrom.
(14) Returns :
If goods are supplied by the 'seller' in accordance with the order of the 'buyer' verbal or otherwise and are returned by the 'buyer' the 'seller' will apply a 20% handling charge. All returns are of the sole discretion of the 'seller'.
Goods will only be accepted for return if (a) the goods are of merchantable quality, (b) they are in their original undamaged packaging. The cost of returning correctly supplied goods to the 'seller' is the responsibility of the 'buyer'.
Refunds will be by way of credit note or via the original method of payment.
(15) Damaged Goods :
If your goods were damaged in transit, you must report it to the 'seller' within 48 hours of receipt. If goods are visibly damaged on receipt, the delivery note must be signed by the 'buyer' accordingly.
Refunds will be by way of credit note or via the original method of payment.
(16) Governing Law :
These conditions shall in all respects be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising out of such contracts shall be submitted to Arbitration under the laws of the Republic of Ireland.
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(19) Our right to cancel or vary.
Faulkner Packaging reservre the right to cancel or modify any web order 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 order 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.
We may give an alternative offer, in which case we will identify any changes to the goods, price, 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.