Terms & Conditions
General Conditions of Sale
Our general conditions of supply as defined below contain conditions limiting or excluding our liability. To spread the risk if insured would increase the cost of the supplies, we consider it reasonable to limit our liability by reference to the cost of the supplies as detailed within our quotation. Accordingly we would draw your particular attention to the fact that, save to agreed to the contrary our maximum financial liability, if any, under any contract will be limited to the price of the supplies in respect of which liability arises (excepting liability for death or personal injury caused by our negligence)
If you consider the limitation of
liability or any other provisions of our general conditions of supply to be unreasonable you should notify us of this before entering into the contract giving reasons for such option with a view for special terms being negotiated to cover the case. Otherwise you are advised to protect yourself with the appropriate insurance cover.
Acceptance by us of any offer or by you of our counter-offer, as the case may be, on these general conditions of supply will be treated by us as your warranty that our general conditions of supply are reasonable.
Acceptance and Amendment
These general conditions shall apply to all tenders, offers, quotations, orders, acceptances, deliveries and contracts relating to the supply of goods and services by us unless or except to the extent that our duly authorised representative agrees in writing.
Subject to the condition above, these conditions shall apply to the exclusion of any other terms and
the exclusion of any other terms and conditions subject to which you purport to accept our quotation or place an order or make a contract with us. We shall not be deemed to accept any other conditions nor to waive any of these conditions by failing to object to provisions contained in any purchase order or any other communication by you.
Any advice or recommendations given by us or by our employees or agents to you or your employees or agents as to the storage, application or use of the goods the processed items or the suitability of the services which we do not confirm in writing is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.
All descriptions, specifications, drawings, weights, dimensions, capacities, prices, performance ratings and other data quoted or submitted by us or included in any sales literature, quotation, price list, acknowledgement of order, invoice or other document or information issued by us are deemed to be approximate only
(except where stated in writing to be exact or expressly made of the essence) and subject thereto none of such items or any part thereof shall be part of the contract (other than approximations).
Any typographical, clerical or other error or omission in any sales literature quotation price list acknowledgement of order, invoice or other document or information issued by us shall be subject to correction by us without any liability on our part. We reserve the right to make changes to the specification of the goods or the service so as to conform with any applicable safety or other legal requirements which do not materially affect their quality or performance.
Unless otherwise agreed in writing the price payable by you for each delivery of goods or each supply of services shall be that which is stated on our quotation in accordance with these terms and conditions. All prices quoted are valid for a period of 60 days from issue of quotation after which time we may alter them without giving you notice.
After an order has become binding on us all prices will have VAT added at the appropriate rate and are subject to increase to reflect increases from time to time in list prices and any increases in costs to us whatsoever (including without limitation costs in material labour transport and services and fluctuations in currency exchange rates and any tax duty fee or charge imposed by any government or authority) prior to delivery any change in delivery dates, quantities or
dates, quantities or specifications for the goods or service which you request or is delayed caused by your instructions or any delay caused thereby or your failure to give us adequate or correct information or instructions.
Unless stated in our quotation or in a subsequent written agreement, packing, delivery, transport charges and insurance are not included in the price and will be charged extra at our then current rates for same. The price of removing protective film, adhesive or any other contaminants from items to be processed is not included in the price and you indemnify us for all losses costs or expenses incurred by us in removing the same and we are not liable for damage caused to items to be processed caused by our so cleaning them.
Time of delivery is not the essence of the contract and any time or date we specify as the time at which or the date on which the goods or the processed items will be delivered or the service provided is given and intended as an estimate only and we shall not be liable for any loss damage or expense howsoever arising from the delay in delivery
of the processed items or provision of service.
We reserve the right to process and make delivery of processed items in instalments, unless otherwise expressly agreed in writing. The period during which delivery by instalments and the quantity of processed items delivered in each instalment shall be at our discretion.
Unless otherwise agreed in writing or stated in our quotation, you shall become liable to pay the net invoice amount 30 days after the date of the invoice (or earlier) upon the occurrence of any circumstances whereunder, pursuant to the contract or these conditions, payment falls immediately due.
We reserve the right at any time
before proceeding with an order to demand full or partial payment of monies due and payable under the contract and any other contract between us and you.
If you default on payment we may in addition to exercising the above condition, suspend works, delay or withhold delivery or cancel any contracts between us and you.
Your Obligations and Claims on Delivery
Carefully using your own skill and judgement on which you must rely examine each and every processed item on taking delivery carrying out such visual or scientific testing necessary to verify in compliance of the processed items to specification.
Notify us (and separately any carrier for us) in writing within 3 days of taking delivery of the goods and or processed items or within 10 days of any date of arrival notified to you by us or our agent when none of the anticipated delivery has been delivered of any error in quantity, colour, or description of processed items or their failure to comply with specification or that they were mixed with others that were not included in the contract or of any damage to goods revealed by such examination and not caused since you took delivery.
Submit a detailed written report to us of such non-delivery, error in description, error in quantity or failure to comply with specification to us within 5 days of service of the notice by you under the condition above.
Failure to make any notification in accordance with the above shall constitute a waiver of all claims based on or relating to the facts which the examination should have revealed.
Risk of damage to or loss of items to be processed and the processed items remains at all times with you.
You acknowledge that the anodising process requires good electrical contact between the item to be processed and the work carrier. Unless agreed in writing we will use areas the contact area any part we consider convenient and where possible away from the significant surface. You are deemed to accept jig marks.
In recognition that the anodising process is an electrolytic process and finishes aluminium of a constant specification, you warrant to us that:-
You will provide us with aluminium of a suitable grade for anodising and this grade should be advised to us upon receipt of items to be processed.
Items which have been welded should have been correctly welded with a rod suitable for the type of aluminium alloy and the anodising process.
You indemnify us for all costs losses and expenses incurred or suffered by us if you breach the above warranties.
As with all colour anodising the process does not achieve absolute colour match. Prior to despatch processed items are checked against colour light and dark limits. These should be agreed prior to processing of items and be signed off and agreed by you.
We are not liable for any costs, losses, damages or expenses incurred from or in connection with the use by you or your agents of any type of tape, strapping, covering or bonding for temporary protection of processed items.
We are not liable to the extent that welding prior to processing the processed items has affected their surface appearance, metallurgical composition or their reaction to the anodising process.
Exclusion of Liability
We shall be under no “Liability Whatever” in respect of or arising out of or connected with the processed items, the goods or the services including without limitation for or arising out of or connected with any defect in, failure of, unsuitability or unfitness for any purpose of, or any failure to be of merchantable quality or to accord with any description, sample or representation of, the goods, the processed items or their packing or any inaccuracy, incompleteness or misleading matter in any technical promotional or any other literature supplied in connection herewith and neither shall we be under any “Liability Whatever” for services provided without reasonable care or skill or for not carrying out the services by the time fixed by you or in default of this in a reasonable time.
Our liability in respect of or arising out of or connected with the goods, processed items or the services shall be hereby expressly limited to the price of the goods or service delivered ex works where such liability arises out of failure by us to exercise reasonable care or skill.
All conditions are implied or express, statutory or otherwise, are hereby excluded and you shall not be entitled to reject any or all of the supplies in connection herewith as a result of such matters. You must rely on your own skill and judgement in relation to supplies.
You are advised to review your own insurance position or alternatively to negotiate with us with a view to our accepting greater liability to be covered by insurance in consideration of an increase in the contract price.
You hereby warrant ascertaining yourself without relying on our knowledge that the goods or processed items are fit for the purpose for which they are supplied.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.