– Warunki Sprzedazy
1. Form of contract
(a) All orders and acceptances thereof and all variations or modifications of such orders and acceptances shall be in writing by prepaid letter only and shall be deemed to incorporate these conditions so far as the same are applicable.
(b) All illustrations, drawings, specifications of weight, capacity and consumption data or other documents supporting or forming pat of any Quotation (hereinafter called “additional documents”) shall be considered approximate unless expressly otherwise stated therein. All such additional documents shall remain the property of Killarney Plastics (hereinafter referred to as “the Company”). The copyright in all such additional documents shall be and remain in the Company. No such additional documents or the contents thereof shall be disclosed or made available to any other person, firm or corporation without the prior consent of the Company in writing.
2. Price and payment
(a) Unless otherwise stipulated the purchase price or the subject matter the contract (hereinafter referred to as “the goods”) shall be ex-factory but shall include the cost of transport, erection, installation and commissioning.
(b) Payments shall be effected in cash on the due date for payment without deduction at the place and in the manner designated by the Company.
(c) In the event of default in payment, the Company shall be entitled without notice to the Purchaser to charge and receive interest on the purchase price at the rate of 3% per annum above the bank rate for the time being in force.
(d) In the event of any variation in the price of materials or wages. the Company shall be entitled to adjust the purchase price of the goods accordingly.
3. Passing of property
(a) The ownership and the property in the goods shall remain in the Company until all monies due under the Contract have been paid to the Company.
(b)Until the property and ownership in the goods has passed to the Purchaser as aforesaid, the Company shall be entitled to insure the goods in the Company’s name and at the expense of the Purchaser.
(c) Until the ownership and the property in the goods has passed to the Purchaser, the Purchaser shall not sell, let on hire, mortgage, charge, pledge, transfer as security or part with possession of the goods or purport to do so.
(d) Until the property and the goods has passed to the Purchaser as aforesaid, the Purchaser shall keep the goods in good and marketable condition and shall, except in case of emergency. procure that all repairs or replacements which may be required to the goods shall be effected by the Company or its duly appointed Agents at the cost of the Purchaser.
4. Time of delivery
(a) Delivery of the goods shall be considered to have been effected if the Company has been given notice that the goods are ready for delivery to or in accordance with the instructions of the Purchaser.
(b) Dates quoted for commencement and completion of manufacture and delivery shall be approximate. On no account shall the Company be liable for any delay in delivery of the goods caused through delay in delivery to it of raw materials, components, or things required in the construction of the goods, strikes. lock outs, acts of God, force majeure, governmental action or other circumstances over which it has no control.
5. Transfer of risk
The goods shall be at the Purchaser’s risk as and from delivery.
The Company shall where necessary or appropriate erect or install the goods at the Purchaser’s works. The Purchaser, shall free of cost to the Company, whether or not a fixed sum has been agreed for erection or assembly, lay such foundations as may be specified by the Company (including concrete base or supports) and provide at the Purchaser’s expense, electric light and power, scaffolding, and any other matters required by the Company to erect or install the goods
7. Liability for defects
The Company shall not be liable for any defects in the goods or unfitness for use which the Purchaser has made known to the Company except and to the extent that the company shall repair or replace free of cost (if the Company shall decide) any part or parts of the goods which are defective or become unserviceable due to fault in design, installation, inferior materials, or fault in manufacture within three months from the date on which same were delivered to the Purchaser. Any such fault to be reported to the Company in writing forthwith.
8. Except as and to the extent expressly stipulated herein, the Company shall be exempt from all liability hereunder for direct or consequential damages howsoever arising. The Purchaser agrees to indemnify the company in respect of the entirety of any claim brought by any third party against the company howsoever arising from or in relation to the goods, or in relation to the Purchaser’s use of the goods.
9. The purchaser warrants and undertakes that it shall use the goods strictly in accordance with the specifications of weight and/or capacity and/or use supplied by the company and that it shall not exceed, deviate from, or use in any manner howsoever in contravention of same. If the Purchaser’s use exceeds, deviates from, or any manner howsoever contravenes the specifications, the company shall be exempt from all liability howsoever arising for direct or consequential damages, and the Purchaser agrees to indemnify the company in respect of any claim brought by any third party arising from the Purchaser’s such use.
10. Assignment of contract
The Purchaser shall not without the prior consent of the Company in writing assign or transfer or purport to assign or transfer the Contract to any third party whatsoever.
11. Special conditions in relation to erection of tanks
The Purchaser’s order is confirmed on the basis of the following representations made by the Purchaser to the Company:
(a) That reasonable site conditions are available
(b) That there is a minimum of 460 mm (18 inches) working space all round the tank.
(c) That all components will be available at the point of installation (for example where necessary, the components will be lifted by the purchaser to the roof of a building, should the tank be located on the roof).
12. Health and safety at work
The company gives notice to the Customer that information and product literature is available concerning the conditions necessary to ensure that the Goods supplied against the contract will be safe and without risk to the health when used, handled, processed, stored or transported by a person at work. The customer should immediately contact the Company if he is not in possession of such information or literature. The Company also gives notice that the goods are sold in containers which may have any necessary hazard information as part of the container identification label. The Customer undertakes to comply with any stated conditions for the prevention of Health and Safety Hazards.
13. This Contract shall be construed and governed in all respects by the laws of the Republic of Ireland. The Purchaser and the company agree to submit to the exclusive jurisdiction of the Courts of the Republic of Ireland.