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SERIGRAF LIMITED TERMS & CONDITIONS OF SALE

 

 

1.    Definitions

 

1.1    The Company means Serigraf Limited.

1.2    The Buyer means the company, group, entity or person placing one or more orders with the Company.

1.3    The Goods means goods to be supplied by the Company to the Buyer.

1.4    The Order means any order for goods or services placed by the Buyer with the Company, incorporating these conditions.

1.5    The Contract means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.

 

2.    Contract

 

2.1    The contractual relationship between the Company and the Buyer shall be subject to these Terms and Conditions of Sale and no addition or variation shall apply unless agreed in writing by a duly authorised representative of the Company.  These Conditions supersede any prior representation whether made in writing or orally and these Conditions override any other terms that the Buyer may subsequently seek to impose on any purchase order, confirmation of order, specification or any other documents such as the delivery note.

 

2.2    No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

 

2.3    All products, goods and services supplied by the Company are on the express understanding that the Buyer agrees to the Company’s full Terms and Conditions of Sale.

 

2.4    Any quotation shall be valid for 30 days only from the date thereof unless the term is specifically extended by a duly authorised representative of the Company, in writing.  Any quotation is given on the basis that no Contract shall come into existence until the Company issues an acknowledgment of order to the Buyer.

 

2.5    No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgment of the order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

 

2.6    When an order has been received and accepted by the Company, cancellation will only be accepted at the Company’s discretion.  The Company reserves the right to charge for all materials or products made or purchased and work carried out, up to the date of acceptance of the cancellation.

 

2.7    All goods are offered subject to availability.  The Company reserves the right without notice to substitute materials, components and units other than those mentioned in the Contract.  All dimensions specifications and drawings, or particulars of weights and all forwarding specifications issued by the Company are approximate only and do not form part of any Contract.

 

2.8    The Company will always endeavor to deliver the exact quantity ordered but the Buyer shall not be entitled to reject Orders which are within ten per cent either less or more that the quantity ordered by reason of the surplus or shortfall and will pay the unit invoiced price for the quantity of Goods delivered.

 

2.9    All sales are final.  The Company does not trade on a ‘sale or return’ basis.

 

3.    Dispatch and Delivery

 

3.1    Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.  If no dates are so specified, delivery shall be within a reasonable time. The Company shall not be liable for any loss or damage arising directly or indirectly from any delay in dispatch or delivery.

 

3.2    Should dispatch, shipment or delivery of the goods or any part thereof, be delayed, prevented or prohibited for any cause     whatsoever beyond the Company’s control, then, at the Company’s option either the contract or any unfulfilled part thereof shall be cancelled or, alternatively, the time for the delivery shall be extended until a reasonable time after the operation of any such cause shall have ceased.  In either event the Company shall be under no liability to the Buyer for any loss or damage that may have occurred in consequence of such cancellation or extension of delivery date.

 

3.3    The Company shall be under no liability to the Buyer in respect of any damaged Goods delivered unless at the time of delivery the damage is endorsed in writing on the delivery note or the delivery note is endorsed ‘not examined’ and the Company is notified within 48 hours of delivery.  The Buyer must notify the Company of any shortages in delivery within 48 hours of receipt of the Goods.  No claims for damages or shortages will be considered after this period.

 

3.4    The Buyer must notify the Company of any non-delivery of Goods within 7 days of the invoice date relating to any delivery.  The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the     Buyer gives written notice to the Company of the non-delivery in accordance with this condition 3.4.  For the avoidance of any doubt any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note a the pro rata Contract rate against any invoice raised for such Goods.

 

3.5    The Goods will be deemed to be delivered and risk will be deemed to be passed to the Buyer upon delivery.  Unless otherwise agreed, delivery means delivery at the Company’s premises to the appointed or agreed carrier, or otherwise to the Buyer or it’s agent, in person.

 

3.6    Any re-delivery charges as a result of non-attendance of the Buyer, are chargeable to the Buyer.

 

3.7    Any request by the Buyer for proof of delivery from the Company or the carrier must be made in writing no later than three months after the date of the invoice related to the delivery.  In the absence of any such request in writing delivery of the Goods shall be deemed conclusively to have been made.

 

4.    Advertising Materials & Representations

 

Catalogs, specifications, brochures, price lists, advertising material, and verbal representations of the Company’s personnel are only an indication of the type of Goods offered and no such particulars shall be binding on the Company.   Any error or mis-statement found therein shall not annul the sale or entitle the Buyer to discharged from the contract or to make a claim in respect thereof.  The Company reserves the right to modify, alter and improve designs at any time without prior notice. The Company reserves the right without notice to substitute materials, components and units other than those mentioned in the Contract.  All dimensions specifications and drawings, or particulars of weights and all forwarding specifications issued by the Company are approximate only and do not form part of any Contract.

 

5.    Liability

 

5.1    Subject to the remaining sub-clauses of this clause, the Company’s liability in respect of any defective Goods manufactured or supplied by the Company for any loss or damage, consequential or otherwise, is limited to the replacement of the Goods     which the Buyer proves are defective and are defective or fail due to faulty material manufactured by the Company or defective workmanship of the Company and fail or are found to be defective within a period of two calendar months after the Goods were delivered to the Buyer.

 

5.2    The Company may, at it’s option, give the Buyer a credit in respect of the Goods found to be defective of up to the value of the price paid by the Buyer.

 

5.3    The Goods are sold on the condition that they will be used only in the prescribed manner and for the purpose for which they were intended.

 

5.4    The Buyer must satisfy itself that the intended use of the Goods is a use in the prescribed manner and in accordance with any technical data sheet (provided by the Company) that refers to the prescribed use of the Goods and the purpose for which they were designed.  In the event that the Buyer is purchasing for onward sale the Buyer must make known to its customer the prescribed use of the Goods and the purpose for which they were designed.

 

5.5    The Company shall not be liable for any damage, loss or injury resulting from any misuse of the Goods or any use which is not in accordance with the prescribed manner or the purpose for which they were designed.

 

5.6    Where the Buyer provides a specification of the Goods to be manufactured by the Company, the Company shall not be liable for any defect in the Goods caused by compliance with that specification.

 

5.7    If the Buyer packages or causes the Goods to be packaged in such a way so as to make the Goods defective then the Buyer shall indemnify the Company against all damage and loss caused by reason of the product being defective.

 

5.8    The Company has available information and product literature concerning the conditions necessary to ensure that the Goods supplied by the Company will be safe and without risk to health when properly used.  If the Buyer is not already in possession of such literature or requires any information or advice in connection with the safe use of the Goods the Buyer should immediately contact the Company.

 

5.9    In the case of Goods supplied (including equipment) but not manufactured by the Company, the liability of the Company shall be limited to the amounts recovered by the Company under the warranties given by the supplier to the Company, provided that the Company shall not be called upon to bear any liability or expense greater than the amount recovered from that supplier.  Nothing herein shall impose any liability upon the Company in respect of any loss, damage, consequential or otherwise, in relation to or arising out of Goods found to be defective or attributable directly or indirectly to the acts, omissions, negligence or default of the Buyer or the Buyer’s servants or agents including (in particular but without prejudice to the generality of the foregoing) any failure by the Buyer to comply with any recommendations of the Company as to the storage, handling and use of the Goods.

 

6.    Return of Goods

 

6.1    Returns cannot be accepted unless authorised by the Company and accompanied by the Company RMA Form. Goods must be returned within 30 days of the RMA number being issued.

 

6.2    Any goods damaged in transit must be reported to the Company within 48 hours of the Buyer receiving the goods.  The Company shall be under no liability to the Buyer in respect of any damaged Goods delivered unless at the time of delivery the damage is endorsed in writing on the delivery note or the delivery note is endorsed ‘not examined’ and the Company is notified within 48 hours of delivery. No claims for damaged goods will be considered after this period.

 

6.3    If items are faulty, credit will be issued or items will be replaced.  All returned items are tested by the Company prior to the     issue of credit or replacements.  If immediate replacements are required these will be invoiced.  Items found not be faulty will be returned and return shipping costs will apply.

 

6.4    Perfect goods may only be returned for refund provided the Company is notified within 48 hours of the Buyer receiving the goods and the Company has agreed in writing and issued a returns authorisation number.  Delivery and shipping costs will not be refunded.  All items must be unused, in original packaging and returned in     sale-able condition accompanied by the Company RMA form. Any items returned incomplete, damaged or used will not be accepted. The Buyer must ensure that all items returned by courier are packaged appropriately to ensure safe transport.  Credit will not be issued for goods damaged by return transit.

 

6.5    The Company will not accept returns on items which have been printed or processed in any way.  In the case of inks, chemicals etc., no open containers will be accepted for return

 

7.    Payment / Pricing

 

7.1    Credit will not be extended to the Buyer unless approved in writing by the Company.

 

7.2    Where credit has been granted, payment is due in full within 30 days of the invoice date, unless otherwise agreed, in writing, by a duly authorised representative of the  Company.  Goods will not be dispatched when the Buyer’s account is overdue or the credit limit has been exceeded.  Credit does not extend to any equipment (including but not restricted to, printers, plotters, heat presses, screen making equipment etc.).  These items are sold strictly as payment in advance.  The Company reserves the right to amend credit facility terms and conditions or to withdraw facilities at any time.

 

7.3    Where credit has not been extended payment is required prior to production / dispatch of the Buyer’s order.  Payment can be accepted by Cash, Credit / Debit Card,  Cheque or Bank Transfer.  Cheques are only accepted if drawn on a Republic of Ireland bank. Orders placed via cheque or bank transfer will not be processed until payment has cleared the Company bank account.

 

7.4    Returned or re-presented cheques will be charged at €25 per re-presentation.

 

7.5    The Company reserves the right to charge interest at the rate of 2% per calendar month or part thereof on all overdue sums, and such interest will remain payable after any court judgement.

 

7.6    All prices are in euro, ex-works Serigraf Ltd., exclusive of VAT and are subject to change without notice.

 

8.    Ownership of Goods

 

8.1    The Company reserves the right to retain title to all or any Goods until payment has been received in full.

 

8.2    Until title has passed to the Buyer, the Buyer shall not deal with or dispose of the goods other than in its normal course of business, and until such time the Company reserves the right to enter onto the premises of the Buyer or its agent or custom to repossess all or part of the Goods, without prejudice to any other legal remedy available to the Company.

 

9.    Risk

 

9.1    Risk in the Goods will pass to the Buyer immediately upon delivery.  Unless otherwise agreed delivery means delivery at the Company’s premises to the appointed or agreed carrier, or otherwise to the Buyer or it’s agent in person.

 

9.2    Until title passes to the Buyer, the Buyer shall indemnify the Company against all loss or damage to the Goods, including damage in transit or depreciation in the value of the Goods.

 

10.    Force Majeure

 

10.1    The Company shall not be liable for any loss or damage cause by the non-performance or any delay in performance of any of it’s obligations hereunder arising out of any matter beyond the Company’s control including but not limited to acts of God, war, riots or civil commotion, strikes, lockouts or other trade disputes (whether or not involving employees of the Company), fire, breakdown of machinery, transport delays or interruptions, Government restrictions or regulations, delay in delivery by the Company’s suppliers of obtaining suitable materials.

 

10.2    In such circumstances, except where Goods are in transport, either the Company or the Buyer may terminate the unperformed part of any Contract by notice in writing delivered within 90 days of written notice by the Company of the circumstances causing the non-performance or delay in performance provided always that the Buyer’s obligation to pay in relation to any part of the Contract which has been performed shall not be discharged.

 

11.    Jurisdiction:  All contracts between the Company and the Buyer shall be governed by the laws of Ireland and subject to the jurisdiction of the Irish courts.

 

 

Serigraf Ltd., Unit E1 Crag Avenue, Station Road, Clondalkin, Dublin 22.

 

Ph: +353 (0) 1467054, Fax: +353 (0) 1 4670355, info@serigraf.ie, www.serigraf.ie

 

 

 

 

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Serigraf Ltd.

E1 Crag Avenue,

Clondalkin Indutrial Estate,

Dublin 22,

Ireland

Tel: +353 1 4670354

UK Tel: 07024070890

 

Serigraf - Print Supplies - Ireland