The following condiions apply to all offers, price lists, tenders, pro-forma invoices of sale of goods or services issued by Caterline Catering Equipment Ltd. (hereinafter called ”the company”) to the exclusion of any other terms and conditions except specified on our quotations or otherwise agreed in writing.
1. General
(a) All offers, unless otherwise stated remain valid for acceptance for 30 days or until previous revocation.
(b) Acceptance must be made for goods specified by us. Drawings, dimensions and weights, catalogue and technical specification submitted with quotations are approximate only and do not constitute part of the contract nor constitute a ʺSales by Description“
(c) An order must be accompanied by sufficient information to enable us to process the order forthwith including payment terms acceptable to us and confirmed in writing.
(d) We reserve the right to refuse any order, and the buyer will be informed in writing, no binding contract will deemed to have been created.
2. Prices
(a) Errors and omissions are subject to correction.
(b) All quotations and price lists show prices exclusive of VAT
(c) Prices do not include the cost of erecting and installation unless specifically stated. All installation works, whether included as part of the price quoted or as a separate quotation, will be undertaken only at the risk of customer.
3. Completion and Delivery
(a) Offer to supply goods from stock are subject to the materials remaining unsold upon receipt by the Company at Rathcoole Co. Dublin.
(b) Any promise of delivery is given in good faith but the company can accept no liability if the anticipated date of delivery is exceeded for any reason whatsoever. No guarantee as to the rate of time of delivery is given or may be implied although the Company will make every effort to deliver within any time which it may have stated. Delay in delivery does not give the customer the right to cancel the order.
(c) The Company shall be entitled:
a. to suspend delivery under any contract and then to recommence or
b. to cancel or rescind the contract without in any such case liability for loss or damage resulting wherefrom if the performance of its obligations under the contract are in any way adversely affected by any war, strike, lockout, trade dispute, flood, accident to plant and machinery, fire shortage of any material or labour, or any other cause whatsoever beyond the control of the company.
4. Payment
(a) On contract work we reserve the right in accordance with trade custom, to require payment by instalments as the work progresses based on the total contract price
(b) We will dispatch goods to customers who do not have an account with us only when we have received cash against pro-forma invoice, or when goods are delivered on a COD basis.
(c) In respect of all other purchasers, unless otherwise expressly stated payment is due on or before the thirtieth day after the delivery of the contract item to the purchasers.
(d) If the purchaser for any reason shall fail to make payment in accordance with sub-paragraph (c) of this condition then (without prejudice) to any other right of the company), notwithstanding 3 (a):
- The Company shall be entitled to suspend all or any other deliveries to be made under that or any other contract with the Purchaser and in such event purchaser shall not be released from his obligation to the Company under that or any other contract, nor shall the company lose any rights of action or remedy which it may have against the purchaser in respect of that or any other contract.
- Overdue accounts may be subject to an interest charge of 2% per month. Failing timeout payment the company shall be entitled at the company’s option to rescind the contract and repossess the goods or to take such other steps as the company think fits. The customer shall not be entitled to retain the price or any portion thereof in respect of any alleged defects in the goods or in respect of any alleged counterclaim or set-of.
- Title/Ownership of goods supplied shall not pass to the customer until the full price of the goods have been paid to the company in full.