SLINGSBY MAIL ORDER LTD
Please note that the following terms are an abbreviated set of our full terms and conditions of sale.
1 Conditions applicable
1.1 These Conditions of Sale apply to all contracts for the sale of goods by us Slingsby Mail Order Limited to you to the exclusion of all other terms and conditions, with the exception of our full set of terms and conditions of sale which can be found at www.slingsby.ie(the "Full T&C") and which are available on request but subject to the following amendments to the Full T&C:
- The definition of "Seller" in Clause 1 of the Full T&C shall be amended to mean "Slingsby Mail Order Limited" (registered in Ireland under company number 37892) and referred to in these Conditions as "We", "Our" or "Us".
- The words "pounds sterling" shall be replaced with the words "euro"; the words "mainland England, Wales, Scotland and Northern Ireland" shall be replaced with the words "Republic of Ireland", the words "UK credit card" shall be replaced with the words "Irish or UK credit card" and the words "United Kingdom" shall be replaced with the words "United Kingdom or the Republic of Ireland".
1.2 The placing of a telephone or written order for the goods by you will be deemed to be an offer by you to purchase the goods subject to these Conditions. The delivery of the goods by us shall constitute acceptance of the order and shall create a legally binding contract subject to these Conditions.
2 Specifications
2.1 All illustrations and specifications are given as a general idea of the goods described and do not form part of the contract. We reserve the right at our absolute discretion to make any changes to the goods which do not in our opinion materially affect the quality of the goods.
3 Prices
3.1 The price displayed is exclusive of VAT, except where indicated and all other applicable taxes of any country, including but without
limitation import taxes, and subject to clause
3.2, is inclusive of delivery charges for the Republic of Ireland (unless otherwise stated). Every effort is made to charge the prices set out in the most current catalogue/price list, however we reserve the right to increase the price payable for goods without prior notice. The price payable for goods will be the price indicated to you at the time of the placing of the order by you for such goods.
3.3 Next day, offshore island and restricted access deliveries are subject to an additional delivery charge. Please enquire at the time of ordering as to whether your delivery shall be subject to an additional charge.
4 Delivery and packaging
4.1 We will endeavour to deliver the goods within thirty (30) days of you placing the order, but you acknowledge that it may not always be possible to deliver the goods within this timeframe and you agree that delivery of the goods may take longer.
4.2 Delivery dates are estimates only and we shall not be liable for any loss or damage resulting from any delay in delivery. In particular we shall not be liable for any matter which results from any act of God, war or riot, extreme weather, strikes or any other events which are beyond our control.
4.3 We reserve the right to deliver goods by instalments, each instalment being treated as a separate contract. 4.4 Risk in goods will pass to you on delivery and you should insure accordingly. 4.5 Goods will be delivered at the point most convenient to our carrier. Further transfer or installation within your premises, particularly for large or heavy items, must be arranged prior to delivery and will be charged extra. 4.6 Before signing for the goods in good condition the goods and packaging must be checked carefully. If the packaging is damaged, or the goods appear to be damaged, or any parts missing, you must inform us immediately having made an appropriate note on the carrier's delivery documentation. 4.7 Subject to the provisions of clause 7.1, if you do not notify us immediately of such damaged packaging, or parts missing, you may lose the right to reject the goods.
5 Payment
5.1 Credit accounts are opened subject to status and payment is due strictly within 30 days from the date of invoice. If no account is opened, payment is required in full with the order. No set-off is permitted for any reason.
5.2 Where only part of the goods ordered are despatched, payment shall be made of the contract price attributable to that part.
5.3 Payment by cheque shall be treated as received once your cheque has cleared. In the case of late payment we reserve the right to charge interest at the daily rate of 4% per annum above the base rate of HSBC Bank plc both before and after judgement.
5.4 If any payment falls into arrears or you are the subject of any insolvency or related proceedings you must immediately notify us and we will have the right to cancel or postpone any contract, wholly or in part, and to be paid immediately for performance or part performance of any contract to date.
5.5 If you place an order for goods for which we are required to tailor the goods to your specification, or the quantity is such that we are required to place a specific order with our suppliers, we will ask for payment in full in advance.
6 Ownership of Goods
You will own goods only once we have received payment in full of all sums owed by you. Until such time you must keep such goods separate from your property, clearly identified as our property, and insured to their full reinstatement value. The proceeds of any insurance claim will belong to us. You shall allow us to enter your premises at any time in normal business hours to recover and/or resell goods for which payment has not been received.
7 Cancellation and return of Goods
7.1 If you have ordered goods as a consumer (as defined by the Distance Selling Regulations 2000), you may cancel the order at any time within seven (7) days of receiving the goods without any liability to us, except any direct cost incurred by us in relation to the goods being returned and we will refund to you any part of the price of the goods that we have received, provided that the goods have not been specifically tailored to your specifications, or personalised, or the goods by their very nature cannot be returned or are liable to deteriorate.
7.2 Subject to the provisions of clause 7.1, we will credit you with the purchase price of goods if they do not meet your requirements provided that they are returned to us unused and undamaged and in the original packaging within 14 days of delivery with a returns note and an authorisation code (obtained by calling 01 417 9670 or 01 417 9671) and subject to our right to levy a 15% handling charge. The return of goods will be at your expense.
8. Warranties and Liability
8.1 Subject to the provisions of clause 8.2, we warrant in respect of all goods that for a period of one (1) year from the date of delivery of the goods we will, at our sole discretion, repair or replace any defective goods (or the part in question) arising from defective materials or defective workmanship on our part within a reasonable period of time or refund to you the price (or a proportionate part of the price). 8.2 The warranty set out in clause 8.1 will not apply and we will not be liable for any defective goods where and to the extent that:
- The defect arises as a result of the condition of your premises;
- The defect arises as a result of your negligence or (if you are in business) the negligence of your employees or subcontractors;
- The defect arises as a result of fair wear and tear, accident, misuse, wilful damage, or abnormal working conditions
- You make any further use of the goods or attempt to repair it or have it repaired by someone other than us after giving written notice of the defect to us; and/or
- The defect arises because you have failed to follow our instructions (whether oral or in writing) as to the storage, assembly, installation, commissioning, use or maintenance of the goods.
8.3 In some cases where we are not the manufacturer of goods, you may be covered by the manufacturer's warranty and where we are permitted to do so by the manufacturer, we will refer you to such warranty.
8.4 Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.5 Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these conditions.
Claims
9.1 Claims for loss or non-delivery of goods, short delivery or non-compliance with description must be notified in writing to us and the carrier as provided in the delivery/packing note and in any event within ten days of the delivery date. Original packaging must be returned with any goods returned for any reason whatsoever. Claims will only be considered if these conditions are met. Our liability shall be limited to replacement of the goods or a refund of the proportion of the price attributable to goods undelivered or damaged at our option.
10 Telephone Calls
It is our company policy to advise you that telephone calls may be recorded. This is for your protection and is used for internal training purposes.
11 Export Sales
11.1 The Uniform Laws on International Sales Act 1967 will not apply. 11.2 All goods will be sold on an ex works basis unless we agree otherwise in writing.
11.3 You will be responsible for complying with any legislation or regulation governing the export of the goods from the Republic of Ireland and the importation of the goods into the country of destination and for payment of any relevant duties or taxes.
11.4 You shall make payment in euro in advance of delivery of the goods or on an account basis which we may open at our discretion and which must be settled by you strictly within 30 days from the date of the invoice.
11.5 We shall be under no obligation to give you notice as specified in Section 32(3) of the Sales of Goods Act 1979 (or, to the extent that it is applicable, section 32(3) of the Irish Sale of Goods Act 1893) and the goods shall be at your risk during both sea transit and air transit and from the points the goods leave ourpremises. Title in the goods shall pass to you on receipt of payment in full of the price.
11.6 Section 26(3) of the Unfair Contract Terms Act (and, to the extent that it is applicable, section 61(6) of the Irish Sale of Goods Act 1893) shall apply and all liability for death or injury arising directly or indirectly from the sale of the goods in circumstances where your main place of business, or habitual residence, is outside the United Kingdom shall be expressly excluded to the fullest extent permissible by law.
12 Variation
We expressly reserve the right to amend these abbreviated terms and conditions and our full set of terms and conditions found at www.slingsby.ie. In the event of any conflict between these terms and conditions and the Full T&C (as amended by clause 1.1), these terms and conditions shall prevail.
13 Entire Agreement
13.1 These conditions, the Full T&C (as amended by clause 1.1) and the contract formed pursuant to them represent the entire agreement between you and us relating to the purchase of the goods and supersedes all prior agreements, arrangements and undertakings between you and us relating to the goods and you agree that you will have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of us prior to entering into the contract which you relied upon in entering into the contract whether such statement was made orally or in writing. Nothing in these conditions shall exclude or limit our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.
14 Governing law
These conditions and any contract between us shall be subject to and construed in accordance with English law.
