sdg.ie

Conditions of Sale

1. General

(a) Except to the extent that such provisions of the Sale of Goods Act 1979 are non- excludible these conditions together with such provisions of the said Acts as are not inconsistent herewith shall apply to all sales by SDG Construction Technology LTD (the Company) and shall form the basis of a Contract between the Company and the customer.

(b) No variation of these conditions shall be effective unless made in writing and signed by a Director of the Company.

(c) Unless otherwise agreed in writing these conditions shall prevail over any other terms and conditions whether in writing or implied by Law or by trade, custom, practice or previous course of dealing and any such inconsistent terms are hereby expressly excluded.

2. Price

All prices quoted are based on costs ruling at the date of quotation, (excluding VAT). if there are any alterations in the costs the Company reserves the right to alter the prices and will notify the customer in writing thereof, the issuing of a new price list by the Company shall be deemed to be such notice. Thereafter the customer shall have the right to cancel the order on written notice to that effect being given to the Company within seven days of the written notice giving the alteration in price.

3. Payment

(a) In the absence of any concession to the contrary by the Company accounts are due and payable in full within 30 days of the invoice date.

(b) If the customer fails to pay any amounts on the due date the company has the right to cancel any contract made with the customer and/or suspend or continue delivery of goods and materials at the company’s option without prejudice to the company’s right to recover damages for any loss sustained by it.

4. Suitability of Goods

The customer is responsible for the suitability of the goods and materials bought. No warranty is given nor shall any warranty or condition be implied that the goods are reasonable fit and suitable in size shape capacity quality or otherwise for the purpose for which they are bought and the Company shall not be under any liability whatsoever due to any goods being unfit or unsuitable.

5. Notification of Loss, Shortages, Damage in Transit

(a) Any damage shortage or pilferage in transit to goods must be notified in writing to the Company within seven days of delivery all damage, shortage or pilferage to goods apparent at the time of delivery must be noted on the carrier’s delivery note at the time of delivery otherwise the Company cannot consider accepting liability.

(b) Non-Delivery of goods must be notified in writing to the Company within 7 days of our invoice relating thereto otherwise liability by the Company cannot be considered.

6. Defects

If any goods show defects arising solely from faulty materials and/or workmanship, the Company’s liability shall be limited to replacing such goods, but no such liability shall arise unless notification of such defects is received WITHIN SEVEN DAYS from receipt of the goods and the alleged defective goods are returned to the Company. In no circumstances shall the Company be liable for any consequential loss howsoever caused.

7. Cancellation

Contracts and orders may be cancelled by customers with the sanction of a Director of the Company which sanction is in the Company’s sole discretion and can only be given upon payment of such sum by way of compensation as specified by the Company and such sum by way of compensation would included payment is respect of loss of profits.

8. Retention of Title

(a) The title to the property in the goods comprised in an order shall not pass to the customer until amounts for all the goods comprised in that order and all other outstanding amounts due to us in respect of any other transactions between the parties then outstanding has been paid in full.

(b) Notwithstanding the above paragraph the goods shall be at risk of the customer from the time of delivery to or collection by the customer and the customer shall take all necessary steps to insure the goods for their full invoice value.

(c) The customer shall separately store the goods and identify the goods as belonging to the Company until the relevant invoice has been settled in full. The customer is prohibited from incorporating the goods until such settlement.

9. Limitation Of Liability

In all cases, the Company’s liability in any claim is limited to the amount covered by the Company’s insurance.

The Company cannot accept liability for any loss or damage caused to the customer by reason of the use of the company’s products being found to involve the infringement of any third party’s patents.

10. Termination

The Company reserves the right to terminate this order upon giving reasonable written notice to the customer.

The company further reserves the right to terminate this order if sums due and payable by the customer under previous orders remains outstanding.

11. Insolvency

This clause applies if-

11.1.1 The Customer makes any voluntary arrangement with the creditors or becomes subject to an administration order (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation otherwise than for the purposes of amalgamation or reconstruction or

11.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Customer or 11.1.3 The Customer ceases or threatens to cease to carry on business

11.1.4 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer.

12. Delivery

12.1 The Company shall make all reasonable efforts to meet quoted delivery dates although such dates are not guaranteed.

12.2 The Company shall not be liable for any delay in delivery due to any factors beyond the Company’s control which shall include without prejudice to generality of the foregoing, Acts of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage insurrection civil disturbance or measures of any kind on the part of any Government or Parliamentary Authority, strikes lock out or any other industrial actions or trade disputes, power failure, shortage of fuels or materials or breakdown in machinery.

General Terms

All prices exclusive of VAT.

All sales subject to our standard Terms and Conditions of Sale.

All pictures are for guidance only.

All information is given in good faith. No responsibility will be accepted for any errors, mistakes or inaccuracies.