Terms & Conditions
The following terms and conditions are issued from Agritech (hereafter the Seller) to its clients (hereinafter the Buyer) and shall be subject to the laws of the Republic of Ireland and construed in all respects as an Irish contract. The Buyer’s order whether made verbally or in writing, or the Buyer’s acceptance of a quotation for the supply of Products and or Services by the Seller, constitutes an offer by the Buyer to purchase Products from the Seller and or to provide the Services on these terms and conditions.
1. Seller will not be responsible for loss to Buyer through non delivery or due to delay by reasons of industrial action, breakdown of plant, machinery or vehicles, or due to any other cause beyond Seller’s control.
2. All prices are, unless otherwise stated, based on current costs of raw materials, manufacture, transport and insurance and any increase in these costs may be added to the sale price as stated and shall be paid by the Buyer.
3. Orders for goods manufactured treated or obtained to Buyer’s special order cannot be cancelled without Seller’s agreement.
4. Electronic Billing. The seller will issue invoices and statements via email (ebilling). Buyers will have access to view, print or store their invoices and statements via email as a pdf attachment.
5. Payment terms are payment is due on order or on delivery. Credit terms may be offered (subject to completion of the approval process) at the sellers’ discretion. If credit terms are offered then Payment is due at the earliest time of within 30 days of delivery or on the due date as stated on the invoice.
7. In the event that full payment is not received by the Seller within the time for payment agreed between Seller and Buyer the seller will require the Buyer to pay, in advance, for any Products and or Services (or any part of the Products and or Services) which have not yet been performed. In addition interest shall accrue on the amount due from the date on which the payment is due until receipt of full payment at the Bank’s AA Lending rate prevailing during that period plus 1.4% and/or pursuant to the European Communities Late Payment in Commercial Transactions Regulations 2002 the Seller reserves the right to charge interest on accounts outstanding after the expiration of 30 days from the date when the account falls due. In addition the seller reserves the right to recover from the Buyer all legal and other fees, costs and expenses incurred by the Seller in connection with the collection by the Seller of any payment not made when due including but limited to the costs of instructing third party debt collection agencies
8. Seller reserves the right to require immediate payment and stop supplies in the event that the Buyer suspends payment of monies due, commits an act of bankruptcy, or makes any arrangement or composition with creditors or otherwise shows evidence of insolvency.
9. If the Buyer fails to make any payment when due then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to require the Buyer to pay, in advance, for any Products and or Services (or any part of the Products and or Services) which have not yet been performed.
10. If neither the Buyer nor any other competent person, agent or otherwise nominated individual on his behalf is available to sign a Delivery Docket at the time of delivery, such docket signed by the Seller’s Carrier will be sufficient evidence of delivery. Non-delivery of any consignment within 7 days of the Seller’s invoice must be notified in writing to the Seller. Inspection of goods immediately on receipt is advised.
(a) Although goods are supplied by the Seller in good faith, Seller shall not be liable for any loss arising in respect of any failure or performance of the said goods, or any of them, or for any advice given by it in respect of the use of said goods.
(b) All particulars of goods offered by the Seller are given in good faith as being approximately correct but small deviations therefrom shall not form the axis of any claim against Seller.
(c) Subject to sub-paragraph (a) Seller accepts no liability for goods which are claimed to be defective unless such claim is substantiated and the goods are returned to the Seller without delay in the same condition in which they were delivered or are otherwise made available for Seller’s examination within a reasonable time.
(d) Goods supplied shall be at the risk of the Buyer when delivered to his vehicle(s) or premises or otherwise to his order. Buyer shall there upon insure to their full value all such goods and shall fully indemnify Seller against all loss arising from damage to or destruction of such goods.
(e) FORCE MAJEURE. The Company reserves the right to defer the date of delivery and or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
11. Retention of title to goods supplied
(a) All goods sold and as detailed in the relevant invoice shall remain the property of the Seller until the total indebtedness of the Buyer to the Seller has been discharged within the terms under Section 4 above.
(b) The Seller may recover from the Buyer’s premises any goods which have not been paid for in full including any interest applied under Section 4 above. The Seller may thus enter on to the Buyer’s premises for the purposes of such recovery and the Buyer will permit such entry and shall not hinder, obstruct or attempt to frustrate in any way the Seller’s entry for this purpose.
(c) The Buyer must store the Seller’s goods in such a manner that they may be readily identifiable and separate from and other goods in the Buyer’s possession not subject to these terms.
(d) The Buyer shall not resell, lease or otherwise dispose of any goods without informing their Buyer of the Seller’s retention of title which shall remain in place until the total indebtedness to the Buyer to the Seller has been discharged. Responsibility for the maintenance and insurance have passed to the Buyer upon delivery. The Buyer shall hold the proceeds of sale of any goods sold on trust for the benefit of the Seller until such time as the Buyer’s total indebtedness to the Seller has been discharged and shall hold such proceeds in a separate account.
(e) Where legal action for recovery is necessitated the Buyer will be responsible for all costs incurred by the Seller, its agents or personnel for the duration of the action.
(f) The Seller reserves the right to impose a re-stocking charge where appropriate for goods returned.
(g) In the event of any conflict between these Sales Conditions and Buyer’s Purchase Conditions (if any), the provisions of these sales conditions shall prevail.
(h) These conditions and all other terms of contract shall be governed and construed in accordance with the Law of the Republic of Ireland.