1. Applicability
These terms and conditions are applicable, in the version valid at the time the order is placed, for all types of goods and services provided to customers by Agriquip Limited, unless the sales contract or other agreement concluded by and between Agriquip Limited its customer contains written provisions to the contrary. Any other statements or communications to be provided shall be valid only if made in writing.
2. Identification
Agriparts, T/A Agriquip Limited
Littleton
Thurles
Co. Tipperary
Ireland
Email: liamd@agriquip.ie
VAT: 4632007A
Tel: 0504 44214
3. Orders and Agreement
All offers made by Agriquip Limited are without obligation. An agreement is made between Agriquip Limited and the customer when the customer places an order and it is accepted by Agriquip Limited. Ordering is performed by transmitting the fully completed online order form. By clicking on “confirm”, the customer is giving an ELECTRONIC SIGNATURE, which has the same status as a handwritten signature. Agriquip Limited accepts the order by sending an order confirmation to the customer via e-mail.
4. Prices
The product price is the price displayed in EURO for the item at the time of ordering. All product prices include VAT at the applicable rate. Prices do not include any decoration or further accessories shown in the pictures, unless mentioned.
5. Delivery terms
Agriquip Limited generally delivers ordered products within three (3) to fifteen (15) business days to the address named by the customer. If the delivery time cannot be met, Agriquip Limited will notify the customer and inform him of the estimated delivery date. Agriquip Limited is entitled to fulfil the order in partial deliveries. Agriquip Limited reserves and retains the right not to fulfil the order if the ordered merchandise is not available at all or at an acceptable time, or cannot be delivered due to lack of quality. In this case, Agriquip Limited will notify the customer without delay and refund any payment already made. Agriquip Limited reserves and retains the right to supply later models in lieu of the ordered merchandise, provided they also fulfil the agreed specifications and are not more expensive than the ordered merchandise. If there is a delay in acceptance on the customer’s part, Agriquip Limited reserves and retains the right to store the merchandise at the customer’s expense and — in commercial transactions — sell it to third parties by way of public auction. Agriquip Limited are responsible solely for the delivery of orders. Any local customs charges, local taxes etc. being imposed at local level is the responsibility of the customer. Our drivers are not insured to enter your home, garage, workshop etc. Please have someone available if you wish to have your delivery brought inside. For large bulky items you will need to have help on site to offload the delivery. WEEE products for return would need to be disconnected and at the door for collection at the time of delivery.
6. Delivery costs
Agriquip Limited Delivery prices will be agreed at the time of purchase.
7. Payment options
Agriquip Limited offers the following payment options: Mastercard debit/credit and Visa debit/credit. Agriquip Limited does not accept American express.
By providing his\her account information in the online order form, the customer authorizes Agriquip Limited to charge the amount of the invoice to that credit card. Security: The account information as well as credit card details are forwarded maximum protected via SSL-encryption directly to Bank of Ireland. Your bank details are never known to Morris Builders Providers Limited, at any time.
8. Right of Return
The customer may cancel the order without stating a reason in writing (postal mail or e-mail), or by returning the ordered merchandise unopened or not damaged in any way within 7 business days of receipt (according to Irish consumer protection legislation). We are offering a right of return of 14 business days. The customer is obligated to return the merchandise immediately after cancellation. Exceptions: – Merchandise prepared according to customer specifications – Merchandise that by its nature is not suitable for return – Merchandise that can spoil quickly or whose expiration date would be exceeded It is sufficient if the cancellation is sent by the deadline to:
Agriparts, T/A Agriquip Limited
Littleton
Thurles
Co. Tipperary
Ireland
Email: liamd@agriquip.ie
We cannot accept returns, which are not prepaid by the purchaser. After receiving and checking the returned merchandise, Agriquip Limited will immediately refund the purchase price to the customer after full inspection of the returned goods. The customer shall pay the regular cost of return shipment. The product shall be unused, in the condition that the customer received it and it shall be repackaged into its original package. If the merchandise is opened, damaged, destroyed, or consumed, this will preclude the customer’s cancellation right.
9. Warranty
Agriquip Limited warrants its goods and services only within the scope of statutory provisions (Art. 1641 following, Code Civil). The inspection and defect notification duties applicable to commercial transactions shall remain unaffected, as shall any manufacturer guarantee include with the merchandise. Obvious defects must be reported in writing no more than one week after the merchandise is received. In the event of a warranty claim, Agriquip Limited reserves and retains the right to either repair or replace merchandise supplied by Agriquip Limited that turns out to be defective. If such steps are unsuccessful the customer shall be entitled, at his election, to reduce the price paid for such merchandise or to rescind the order for the faulty merchandise.
12. Warranted Characteristics
Warranted characteristics must in any case be explicitly stated by Agriquip Limited. Product descriptions on the website may differ from the actual articles in colour and general impression.
13. Liability
Agriquip Limited shall not have any contractual or non-contractual damage compensation duty unless the damage is due to gross negligence or intent. If a material contractual duty is violated, Agriquip Limited shall be liable even in cases of slight negligence; in any case, liability shall be limited to the financial injury, which Agriquip Limited must have foreseen — at the time the agreement was made — as a possible consequence of violating the agreement. Any product liability claims shall remain unaffected by the preceding limitations.
14. Data protection
The personal information required for administration of the agreement is provided by the customer. Agriquip Limited shall be required to treat all personal information as confidential and to protect it from unauthorized access. When processing your order, Agriquip Limited will responsibly and accurately handle your information. Agriquip Limited will not submit any information supplied by the customers to third parties. The customer has the right to access, change or delete his information, by informing Agriquip Limited, liamd@agriquip.ie, in accordance with Irish Consumer Rights.
15. Limitation Period
Any damage compensation claims against Agriquip Limited, with the exception of damage claims in tort, shall become time-barred according to the statutory provisions, but no later than two years after the goods or services are provided on which the claim is based. Compensation claims due to possible consequential damage from defects — except claims in tort — shall become time-barred six months after the devolution of risk or, for contracts for work, after inspection and approval.
16. Title Reservation
The merchandise remains the property of Agriquip Limited pending payment in full (law N?? 80335 from 12.05.1980). The customer is required to notify Agriquip Limited without delay in case of any attachment by third parties upon the merchandise subject to title reservation (reserved merchandise), specifically judicial-enforcement measures or other seizures, and of any damage occurring to the reserved merchandise.
17. Assignment and Transfer
The customer shall only be entitled to assign and transfer the rights under the agreement — with the exception of payment claims — with Agriquip Limited prior consent. Such consent may only be withheld for good cause.
18. Jurisdiction and Venue
In case of any disputes arising from or in connection with the agreement or these terms and conditions, the courts of Ireland shall have exclusive jurisdiction and venue if the customer is a merchant or a legal entity under public law, or if the customer’s domicile or usual place of residence is either outside Ireland or is unknown at the time the action is filed.
19. Place of Fulfilment
Place of fulfilment is Tipperary, Ireland.
20. Severe Nullity
Should one or more provisions of the agreement or of these terms and conditions be or become invalid or unfeasible, or be replaced by applicable national law, this shall not affect the validity of any remaining provisions.
21. Choice of Law
The contractual relations between the parties are subject to and shall be construed in accordance with the Irish law.
CONDITIONS OF SALE (WHOLESALE SALES – Ireland and EU) AGRIQUIP LIMITED
1. GENERAL:
1.1. We are Agriquip Limited, a company registered in Ireland under company number 84866 and with our registered address at, Dublin Road, Kilkenny Ireland, trading at Littleton, Thurles, Co.Tipperary, Ireland. Our VAT number is 4632007A.
1.2. These Conditions of Sale will apply to any contract between us for the sale of Goods to you (Goods). Please read these Conditions carefully and make sure that you understand them, before ordering any Goods from us. Please note that by ordering any of our Goods, you agree to be bound by these Conditions and the other documents expressly referred to in them.
1.3. These Conditions of Sale constitute the entire Conditions of Sale between our company and you and no other Conditions of Sale may be relied upon by you. They shall override any contrary, different or additional terms and conditions that may be referred to.
1.4. For the avoidance of doubt, these Conditions of Sale arise in the context of our business relationship with you. A consumer relationship is not created between the parties and you do not act in any with us as a consumer.
1.5. All quotations are given, orders accepted and Goods and services supplied subject to the following terms and conditions and no addition thereto or variation thereof shall be effective unless agreed in writing by us. No servant, agent or representative of ours has any authority to vary these terms in any way. We reserve the right to decide whether or not to supply Goods, at our absolute discretion.
CONDITIONS OF SALE (WHOLESALE SALES – Ireland and EU) MORRIS BUILDERS PROVIDERS LIMITED
1. GENERAL:
1.1. We are Agriquip Limited, a company registered in Ireland under company number 84866 and with our registered address at, Dublin Road, Kilkenny Ireland, trading at Littleton, Thurles, Co.Tipperary, Ireland. Our VAT number is 4632007A.
1.2. These Conditions of Sale will apply to any contract between us for the sale of Goods to you (Goods). Please read these Conditions carefully and make sure that you understand them, before ordering any Goods from us. Please note that by ordering any of our Goods, you agree to be bound by these Conditions and the other documents expressly referred to in them.
1.3. These Conditions of Sale constitute the entire Conditions of Sale between our company and you and no other Conditions of Sale may be relied upon by you. They shall override any contrary, different or additional terms and conditions that may be referred to.
1.4. For the avoidance of doubt, these Conditions of Sale arise in the context of our business relationship with you. A consumer relationship is not created between the parties and you do not act in any with us as a consumer.
1.5. All quotations are given, orders accepted and Goods and services supplied subject to the following terms and conditions and no addition thereto or variation thereof shall be effective unless agreed in writing by us. No servant, agent or representative of ours has any authority to vary these terms in any way.
We reserve the right to decide whether or not to supply Goods, at our absolute discretion.
2. DESCRIPTION OF GOODS:
2.1. Goods are only supplied in accordance with our standard specifications, copies of which shall be available on request and no representation is made as to fitness for purpose.
2.2. The images of the Goods on our website or catalogues are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer or devices display of the colours accurately reflects the colour of the Goods. Your Goods and their packaging may vary slightly from those images.
3. PRICES AND CHARGES
a) Unless otherwise stated all prices and charges are exclusive of but subject to (where chargeable) Value Added Tax or Sales Tax;
b) All quoted prices and charges are based on the costs of equipment, material, labour, transport and of conforming with statutory obligations prevailing at the date of our quotation. If between that date and the date on which the Goods are dispatched increases shall occur in any such costs, we shall be at liberty to increase the relevant price or charge to take account of any such increases and you shall pay the increased price or charge accordingly.
4.
Unless specifically agreed in writing, any Goods supplied by us are for sale (or subject to 4.1 below) to the public at the purchaser’s place of business and under their name only and are not for re-sale to or through any other business.
4.1. Any product samples provided to purchaser may only be given out free of charge to purchaser’s customers, or to members of the public. It is a violation of these Conditions of Sale to sell, or offer for sale, any sample provided to purchaser.
5. TERMS OF PAYMENT:
We reserve the right (without prejudice to any remedy) to cancel any uncompleted order or to suspend delivery in the event of any non-payment for previous or other orders.
6.
We shall not be liable for any loss or damage (howsoever caused) to goods during transit from our premises or the premises of our suppliers to you.
7. ACCEPTANCE:
You shall be deemed to have accepted the goods in the condition that they were delivered if you re-sell the goods (or part thereof) to a third party, within the terms of these Conditions of Sale, or you fail within seven days of collection/delivery give notice in writing to us of any matter or thing by reason whereof you allege that the goods are not in accordance with the contract description. Agriquip Limited record of collection/delivery shall be conclusive with regard to the date of collection unless the contrary can be proven.
8. WARRANTY
a) Subject to sub-clause b), we will at our own expense make good or repair or replace (at our option) any defective goods which under fair and proper use, appear in goods of our manufacture within a period of twelve calendar months after the goods have been delivered and which arise solely from faulty design, materials or workmanship, PROVIDED ALWAYS that defective goods are promptly returned to us carriage paid unless otherwise arranged.
b) This warranty shall not apply to second-hand goods and shall not be valid in cases where repairs or alterations have been carried out without our approval and in the case of goods supplied but not manufactured by us our sole responsibility shall not be to give you the same warranty as given to us by our supplier, PROVIDED ALWAYS that we shall not be under any obligation to pay any liability or expense greater than the amount which we recover from our supplier.
9.
9.1. We do not limit in any way our liability for:
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation; or
3. any other losses for which it is unlawful for us to exclude our liability).
9.2. Subject to clause 9.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
1. any loss of profits, sales, business or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill; or
6. any indirect or consequential loss.
9.3. Subject to clauses 9.1 and 9.2, our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
9.4. Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10. Events Outside our Control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
10.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. fraud or fraudulent misrepresentation;
3. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. ARBITRATION
If at any time any question, dispute or difference whatsoever shall arise between yourselves and ourselves upon, in relation to or in connection with our contract with you either of us may give the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within fourteen days of receipt of such notice, or some person appointed by the President for the time being of the Incorporated Law Society of Ireland.
12. LEGAL CONSTRUCTION AND JURISDICTION
Unless otherwise agreed in writing our contract with you shall in all respects be construed and operate as an Irish contract and in conformity with the law of the Republic of Ireland. The courts of the Republic of Ireland shall have jurisdiction in relation to our contract with you.
13. CONDITIONS OF SALE
If any term or provision in these Conditions of Sale shall be held to illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form any part of this agreement, but the validity and enforceability of the remainder of this agreement shall not be affected.