Terms & Conditions
Terms & Conditions
Terms & Conditions
a) The Seller, being Hi-Spec Engineering, Station Road ,Bagenalstown, Co. Carlow Ireland, shall hereinafter be referred to as “the Company”.
b) All products and/or components of whatever kind and all services sold by the Company shall be sold to these Terms and Conditions of Sale and shall hereinafter be referred to as “the Goods”.
c) The person or company who agrees to buy the Goods from the Company shall hereinafter be referred to as “the Purchaser”.
d) The Terms and Conditions of Sale shall be deemed to be incorporated in all tenders, quotations, delivery dockets, invoices, credit notes and other documents of a similar nature submitted by the Company for the supply of the Goods.
e) Any terms or conditions which the Purchaser may purport to apply under any purchase order, confirmation of order, or similar document which are inconsistent with these Terms and Conditions of Sale shall not form part of any contract between the Company and the Purchaser unless accepted in writing by the Company
f) Quotations issued by the Seller do not constitute an offer by the Seller to supply the Goods referred to therein. Any offers by the Company, unless previously withdrawn, shall remain open for acceptance for a period of 30 (thirty) days or such longer period as the Company may agree in writing.
g) Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchaser’s acceptance of these Terms and Conditions.
h) Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller. The Purchaser acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Terms and Conditions.
i) Each and every provision of these conditions of Sale and Reservation of Title Clause and every part of every such provision shall be deemed to be separate and severable, and enforceable accordingly
j) Each and every provision of these conditions of Sale and Reservation of Title Clause and every part of every such provision shall be deemed to be separate and severable, and enforceable accordingly
PURCHASERS RIGHTS
Nothing contained herein or in any other document in relation to any contract is intended to affect or prejudice nor will it affect or prejudice the contractual rights enjoyed by the Purchaser by virtue of the Sale of Goods Act 1893 and 1980 and, in particular, of Section 12, 13, 14 and 15 of the said Act of 1893 as amended or where goods are sold outside the jurisdiction of the Republic of Ireland the statutory rights of the Purchaser who is a Consumer as hereinafter defined
FORCE MAJEURE
If circumstances occur which are beyond the control of the Company and directly or indirectly prevent, hinder or make more difficult the full or partial performance of the contract; such circumstances being, inter alia, war, the threat of war, civil war, natural disasters, riots, strikes, lock-outs, fire, break-downs in the Company’s factory, delayed or incorrect deliveries by the Company’s suppliers, government measures, embargoes, blockades; the Company shall have the right without incurring further liability, either to suspend performance of the contract wholly or in part or to treat the contract as cancelled and thereupon all amounts due to the Company by the Purchaser by virtue of the contract shall become immediately payable but without prejudice to the right of the Company to claim full compensation including compensation for loss of profits. The Company shall have similar rights in relation to the contract in event of the Purchaser committing an act of bankruptcy, suspending payment of its debts, entering into an arrangement with its creditors, closing its business or in the case of a limited company, having a Receiver, Liquidator or similar insolvency practitioner appointed over it or its assets (liquidation for the purpose of reconstruction excepted).
PRICE AND TERMS OF PAYMENT
a) All prices and discounts are subject to alteration without notice and prices charged for goods and services are those ruling on date of dispatch. This clause also applies to backorders. All prices are exclusive of VAT, and same, together with carriage when charged shall be borne by the Purchaser
b) The Company must be paid in full without deduction in respect of alleged disputes or counter-claims in accordance with the terms specified by the Company from time to time and if no date for payment has been specified by the last day of the month following the month of invoice.
c) If part of an order shall be supplied the terms of payment shall apply to the goods actually delivered, notwithstanding the shortfall.
Interest
If the customer shall fail to pay any sum due in foot of this transaction within fourteen days after the same shall become due, the customer shall pay interest thereon calculated from the due date of payment at the annual rate equal to 4% over the prime rate charged from time to time by the associated banks on secured loans to individual customers.
Warranty
The following is a list of warranty terms. Warranty claims will be disallowed if they do not fall into the categories shown here.
Warranty Terms
1 Year Warranty on Drive System, Bearings and Elevator Chain.
2 Years Warranty on Weighing System
All claims to be submitted to the Company within 90 days of the claimed incident.
NO Warranty on the following:
PTO Shafts.
Hydraulic fittings.
Hydraulic hoses.
Electrical connections between machine and tractor.
NO Warranty allowed for breakdowns due to:
Misuse of the machine, e.g. overloading by the operator.
Lack of maintenance, e.g. failure to carry out regular oiling and greasing of components and bearings where appropriate.
The Company warrants its products through the dealer and through the dealer to the first user. The dealer shall only re-sell the company’s machines with the benefit of the company’s warrants. The said warranty is as follows:
The company warrants, subject as hereinafter provided, that all new goods supplied by it shall be free from defects in material and workmanship, its liability under such warranty being limited to making good at a factory to be nominated by it, such parts or parts which shall within twelve calendar months from the date which the product was delivered new to the retail purchaser be returned to the company or its authorised representative which the company is satisfied on its examination of the part or parts to have been defective in material or workmanship provided that.
All replaced parts shall become the property of the company.
The foregoing warranty does not extend to any product which shall have been repaired, altered, neglected or used in any way so as, in the judgement of the company (whose decision is final) may have adversely affected its stability or reliability, nor does this warranty apply to proprietary articles, accessories or parts not manufactured by the company but where any such warranty is given by the manufacturers of such articles, accessories or parts any benefits under such warranty will be passed on by the company.
The company will not be responsible for damage or loss caused by incorrect machine settings, ground speed or operation of the machine in unsuitable conditions and the company’s decision as to the suitability of the condition shall be final. Fair wear and tear is excluded from any claim and no responsibility whatsoever is accepted for damage, which in the company’s Opinion is caused by hazards of soil, stones of foreign objects.
The warranty is transferable to a second or subsequent owner (within the warranty period) subject to the company being notified in writing of this change of ownership.
Complaints referring to faulty or incomplete deliveries or to obvious faults must be notified to the dealer in writing within fourteen days after receipt of goods. In the absence of such notification delivery shall be considered as having been accepted as in good order and condition.
The company does not give any warranty in respect of its goods except therefore going Warranty which is given expressly in lieu of and excludes all other warranties and conditions expressed or implied whether under common law, Statue or otherwise and every form of liability for loss or damage direct or consequential or for any accidents resulting from defective material faulty workmanship or otherwise, is expressly excluded.
Design
No responsibility is accepted for any deviation from drawings of from illustrations in catalogues, price lists, brochures or advertising material for discrepancies in weight, rated outputs. Performance from those mentioned here in which shall be treated as illustrative and approximate only.
Conditions of Resale
The dealer shall only re-sell any of the company’s products with the full and unaltered warranty that is issued with every machine invoiced by the company. If the dealer either through negligence or for any other cause fails to get the agreement of the first user to accept this warranty the dealer shall have no other recourse against the company except that contained in these conditions of sale and he dealer expressly agrees that in accepting delivery he has recourse in law against the company nor will he join the company as third or other party in any action which results against him from the resale of the company’s products.
DAMAGE IN TRANSIT AND SHORTAGES
a) On delivery, the Goods must be checked against the delivery note which shall be signed by or on behalf of the Purchaser. Such signature is an acknowledgment that the goods have been received in good condition and order. The Company will accept no responsibility for damage in transit or shortages unless same are noted on the Delivery Note before the signature. In any event all claims must be received by the company within 7 (seven) days of the receipt of the Goods by the Purchaser.
RISK AND RESERVATION OF TITLE
a) The title to the Goods supplied by the Company to the Purchaser will, notwithstanding delivery and passing of risk remain in the Company until; i. the entire of the Purchase Price in respect of such Goods has been paid in full; and ii. all other sums due on any account due by the Purchaser to the Company have been paid in full.
b) Risk in the Goods shall pass to the Purchaser: i. when the Goods are delivered to the delivery destination or ii. if the Goods are kept at the Company’s premises or otherwise to the Company’s Order, upon collection of the Goods by the Purchaser or upon the expiration of seven (7) days from the Company’s written notice to the Purchaser that the Goods are ready for delivery, whichever is the earlier.
c) The Company accepts no responsibility for any loss, damage or shortage which may occur to the Goods in transit after risk has passed to the Purchaser. The Purchaser undertakes in such circumstances to comply in full with the Carrier’s standard conditions for claims, damage, shortage, or loss in transit and agrees to indemnify the Company against any loss resulting from a failure to so comply
d) Until such time as the title to the Goods passes to the Purchaser, the Purchaser shall hold the Goods by express Agency and as Bailee of the Company and shall keep the Goods separate from those of the Purchaser and third parties and shall keep the Goods properly stored, protected and insured against all normal risks to the reasonable satisfaction of the Company and identified as the Company’s property and shall not destroy, deface or obscure any identifying mark or packaging on or related to the Goods;
e) The Company may maintain an action for the price of the Goods notwithstanding that the title in the Goods may not have vested in the Purchaser. The Purchaser’s power to use, manufacture, mix, sell or otherwise dispose of the Goods will terminate forthwith on notice from the Company, if the Purchaser is in default of any of its obligation under these Conditions of Sale or under any other Contract with the Company or if the Company has reasonable doubt as to the ability or the willingness of the Purchaser to pay any sum to the Company on the Payment Date; and automatically and upon the occurrence of any of the following: i. if the Purchaser calls a meeting or makes any arrangement or composition with its creditors; ii. if the Purchaser commits act of bankruptcy (within the meaning of Section 7 of the Bankruptcy Act, 1988, as amended); iii. if the Purchaser appears unable to pay his debts (within the meaning of Section 2 of 4 of the Company’s Act, 1963; iv. if there is presented a Petition for the winding up of the Purchaser; or v. if the Purchaser has a Receiver or an Examiner appointed to it or a winding up Order is made against it or if it goes into voluntary liquidation (other than for the purpose of a bona fide reconstruction or amalgamation) then upon suspension or repudiation or termination of the Purchaser’s power of sale and use under this Clause, the Purchaser will place all the Goods in its possession or under its control at the Company’s disposal. Provided that the Goods are still in existence and have not been sold by the Purchaser, the Company shall be entitled at any time to require the Purchaser to deliver the Goods to the Company and if the Purchaser fails to do so forthwith, the Company shall be entitled at any time, on giving prior written notice, to enter any premises occupied by the Purchaser (or of any third party where the Goods are stored) with or without vehicles for the purpose of: (i). inspecting and / or reviewing the Goods and identifying them as the Company’s property; and/or (ii). re-taking possession of the Goods and the Purchaser irrevocably authorizes the Company to enter upon its premises for these purposes.
f) If the Purchaser sells or otherwise disposes of the Goods for a cash consideration, the Purchaser will ensure that at all times it holds a sum equal to the monies owing to the Company in trust for the Company and upon request the Purchaser will provide details of such monies to the Company.
g) If the Purchaser sells or otherwise disposes of the Goods for a non-cash consideration the Purchaser will ensure that at all times it holds such of the said non-cash consideration as equates to the value of the money due by the Purchaser to the Company in trust for the Company and undertakes to store such non-cash consideration so that it is clearly identifiable and will insure same and provide details of such consideration upon request by the Company.
h) Any Goods repossessed by the Company may be resold upon such terms as the Company may in its absolute discretion determine and the Purchaser shall remain liable to the Company for the difference between the net proceeds of such re-sale and all outstanding sums due to the Company in respect of the Goods and for all costs and expenses incurred by the Company in repossessing, storing, insuring and reselling the Goods.
i) The Purchaser shall not pledge in any way, charge by way of security for any indebtedness for any of the Goods which remain the property of the Company. Without prejudice to the other rights of the Company, in the event that the Purchaser purports to do so, then all sums whatsoever owing to the Company by the Purchaser shall immediately become due and payable.
j) The provisions of these Conditions relating to the payment for the Goods shall apply equally (and without limitation) to payment for fees or charges incurred by the Company in undertaking any extra work, requirement, modification, test or inspection. k) In addition to any right of lien to which the Company may by law be entitled, the Company shall be entitled to retain possession of all Goods in its possession or under its control until payment of the amount due.
