STANDARD TERMS AND CONDITIONS OF SALE
1. Terms and Conditions:
These terms and conditions form part of every proposal, quotation, offer or contract of sale made by Feasa Enterprises Limited (hereinafter called “Feasa") to the
purchaser or customer (hereinafter called the “Buyer") and shall not be varied without the express written agreement of Feasa. Feasa herein includes Feasa's agents or servants. Feasa reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Feasa grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
All orders are accepted at prices ruling. Feasa reserves the right to execute orders at prices ruling at the time of delivery. Feasa reserves the right to amend prices to correct errors or omissions. Prices quoted are always on an "ex works" basis and Feasa will, if requested, make a charge to cover the packaging, transportation's and insurance on the goods being supplied. All prices quoted are exclusive of VAT, which will be added at the prevailing rate.
3. Terms of Payment:
30 days from invoice date, unless otherwise stated.
Feasa reserves the right to withhold or cancel deliveries and to revoke any credit extended to the Buyer for any failure to pay for goods when due under this or any other contract with Feasa. The Buyer shall indemnify Feasa for any loss caused by reason of such withholding or cancellation of delivery.
4. Validity of Quotation:
Quotation valid for 30 days from date given unless otherwise stated.
5. Delivery Dates:
All delivery dates quoted are estimated, are not guaranteed and do not form a term of this contract. Feasa undertakes to make every endeavour to adhere to the delivery schedule but will not accept cancellation of contract for, or liability for, any direct or indirect losses which may arise from late delivery. Where an order calls for a number of items, Feasa reserves the right to despatch all or any number of items as and when available and the buyer shall pay all invoices in respect of such deliveries in accordance with the terms of payment set out above.
6. Damage or Loss in Transit:
Feasa accepts no responsibility for damage or loss of goods in transit. Any such damage should be noted on the carriers paperwork and notified to Feasa within four days of receipt and the goods held for inspection to enable a claim to be made on the carrier. If the goods are lost or not received by the Buyer within six days of invoice Feasa should be immediately notified.
7. Reservation of Title:
Feasa reserves title to the goods and the Buyer holds the goods delivered hereunder as bailee for Feasa until the Buyer has:
(a) Paid Feasa in full for such goods, or
(b) Resold such goods or articles containing such goods,
whichever shall first occur.
As such Bailee the Buyer will store such goods, if unused, separately and so as to be identifiable as the property of Feasa and the Buyer will on request and at the Buyer's expense separate the goods from any machinery or other articles in which they may be incorporated and re-deliver them to Feasa. If the buyer shall resell the goods or machinery or other articles incorporate such goods to a sub-buyer without having paid Feasa as aforesaid, the Buyer shall pay the proceeds of such resale to the extent that the Buyer has not so paid Feasa, into a separate account in Feasa's name in trust for Feasa and pending payment of such proceeds hold the right of enforcing such payment against the sub-buyer in trust for Feasa.
8. Representation, Conditions and Warranties:
Save as expressly set out herein, Feasa shall not be liable for any representation made by or on behalf of Feasa and all conditions and warranties expressed or implied, statutory or otherwise are excluded.
9. Warranty and Liability of Feasa:
Feasa shall make every reasonable effort to have repaired or replaced free of charge any goods which are, or become, defective through any fault in design, material or workmanship in the manufacture thereof provided that such defect occurs within the lesser of 12 months of the date of manufacture and provided that the Buyer notifies Feasa of any such defect immediately it occurs. Save as aforesaid under no circumstances will Feasa be liable in contract or otherwise, for any loss, damage, expense or injury whatsoever, consequential or otherwise, arising out of or in connection with the supply, installation use or failure of, or defect in, the goods sold hereunder.
10. Events beyond Feasa's Control:
If Feasa shall be unable to comply with the terms of this contract by reason of: -
(a) War, mobilisation, riot, act of terrorism, civil commotion, strike, lockout or other industrial action or other circumstances beyond Feasa's control, or
(b) The fact that all or part of the goods ordered by the Buyer hereunder have become obsolete or
unobtainable from the manufacturers for any reason whatsoever; Feasa shall be entitled, on giving notice to the Buyer to such effect, to be discharged from further performance under this contract, without prejudice to the rights and obligations of Feasa and the Buyer existing up to the time of giving such notice.
Save as set out under the condition regarding Damage or Loss in Transit, claims of whatever nature in respect of any goods sold or to be sold hereunder must be made in writing within 30 days from receipt of such goods or, in the case of non-delivery, within 30 days from quoted delivery date. Failing such claim, Feasa shall not be liable to the Buyer in any circumstances.
12. Return of Goods:
No goods may be returned without Feasa's written consent. Where goods are alleged to be defective or not in conformity with the manufacturer’s published specification, full details must be given and credit (or replacements) will not be issued until the manufacturer has agreed defects. In no circumstances will goods that have been used, altered or soldered be considered for credit or replacement.
13. Indemnity for the Buyer:
The Buyer shall indemnify Feasa against any claim by any person or corporate body in respect of any loss injury or damage howsoever caused, arising out of, or in connection with the goods to be supplied hereunder after their receipt by the Buyer.
14. Telephone Orders:
Feasa will accept orders provided the Buyer is able to supply an order reference, has an up to date account with Feasa. The Buyer should send within 24 hours of Feasa's acceptance of the telephone order, an order which states clearly "Confirmation of telephone order". Feasa's conditions of sale will apply to all telephone orders. If the order is duplicated as a result of failure to send such written confirmation, the Buyer will accept the duplicated consignment unless otherwise agreed with Feasa who may impose a cancellation charge.
This contract shall be governed by Irish law and any dispute arising out of it, or in connection with it, shall be justifiable only in the Courts of the Republic of Ireland.
Requests by a Buyer for cancellation of order will only be considered by Feasa if made in writing and shall be subject to the written acceptance of Feasa whereupon the Buyer shall indemnify Feasa against all loss, costs, damages charges and expenses arising out of the order and the cancellation thereof. If the Buyer cancels an order there will be a minimum 30% cancellation charge.