MJFlood.ie

• Home
• About Us
• Printing & Imaging
• Technology
• Interiors
• Furniture
• Office Supplies
• Contact Us

You are here: Home > Root Level > Terms & Conditions

In these conditions 'The Company' means MJ Flood (Ireland) Limited

• 1. (a) All quotations are subject to confirmation by the Company on receipt of the order from the buyers.
• 1. (b) All contracts of sale will be subject to these conditions and all terms and conditions appearing in the buyer orders which are inconsistent therewith shall have no effect. Any variations of the terms and conditions of the contract as contained in these conditions and the order acknowledgement will become binding only if confirmed in writing by the Company and the Buyers.
• 2. The Company will use its best endeavours to deliver all goods at the date and within the time specified in the contract but the Company shall not be liable for any expense loss or damage whatsoever suffered by the buyers as a result of the Company for whatsoever reason not delivering at the date or within the time so specified.
• 3. Deliveries may be wholly or partially suspended and the time of such suspension added to the original Contract in the event of a stoppage, delay or interruption of work in the establishment of either the Company or the Buyer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the Company or the Buyer respectively.
• 4. Any complaints with regard to shortages, damage etc. must be made to the Company within seven days of the date of invoice on which the goods are charged. The Buyers shall not return goods to the Company unless the Company has agreed in writing their return. The Company reserves the right to apply a handling charge to any goods returned for credit.
• 5. The Company shall not be liable for loss of profit, damage, or for any expenditure incurred on goods supplied or any consequential or special loss or damage sustained by the Buyers by reason of any breach of the contract by the Company.
• 6. Any condition, warranty or statement as to the quality of the goods or their fitness for any purpose whether express or implied by statute, custom of the trade or otherwise is hereby excluded unless given in writing by the Company.
• 7. Payments shall be made on presentation of invoice. That amount shall not be subject to any discount or deduction except as agreed in writing by the Company. The Company shall be entitled to charge interest on all overdue payments.
• 8. Each part of delivery or instalment of the goods shall be deemed to be sold under a separate contract and default by the Company in respect of any part delivery or instalment shall entitle the Buyers to treat the contract as repudiated in regard to ant balance or instalment deliverable.

• 9. The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or partly every supply contract between itself and the Buyers or to suspend any further deliveries under any or every contract if:-
  • (a) Any debt is overdue and unpaid by the Buyers to the Company, or,
  • (b) The Buyers have failed to provide any letter of credit, bill of exchange or any other security required by the contract.
  • (c) The Buyers have rejected, returned or failed to take delivery of any goods tendered by the company otherwise than in accordance with the Buyers contractual rights.
  • (d) The Buyers being a body corporate become insolvent, or pass a resolution or suffer an order of the Court to be made for their winding up, or have become insolvent or suspend payment in whole or in part or propose or enter into any composition or arrangement with his or their creditors or have had a receiving order in bankruptcy made against him or them, or carry out or undergo ant analogous act proceeding under foreign law. The Company shall be entitled to exercise its aforesaid right of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied.
• 10. The Buyers shall not be entitled to withhold payment of any amount payable under the Contract because of any disputed claim of the Buyers nor shall the Buyers be entitled to set off against any amount payable under the contract to the Company or any monies which are not presently payable by the Company or for which the Company disputes liability.
• 11. (a) The property in the goods shall not pass to the Buyer and the Buyer shall keep as bailey and trustee for the Company (returning the same to the Company upon request) until the price of the goods shall have been wholly paid and until any other sums whatsoever which are due from the Buyer to the Company whether under this contract or howsoever otherwise shall have been paid in full without any reduction or deferment on account of any dispute or cross-claim whatsoever.
• 11 (b) The risk in the goods hall pass to the Buyer upon delivery of same and the signature of any employee of the customer on the delivery docket shall be conclusive evidence of such delivery.
• 12. The Company reserves the right to vary all maintenance charges including copy charges.
• 13. The Company shall have a general lien against the Buyers goods for all sums of whatsoever nature due to any accounts to the Company. Such lien may be exercised by selling the goods by public auction or private auction or private treaty and the lien shall cover the cost of exercising the same and storing or selling the goods.
• 14. The Buyer should acquaint themselves with the installation, safety and operational procedures detailed in the installation manual.