PLATINUM TANKS LTD.
Standard Terms & Conditions of Sale
Interpretation
For the purpose of these Standard Terms and Conditions of Sale, Platinum Tanks Ltd shall be referred to hereafter as the “Seller” and the customer who intends to purchase the Goods from the Seller in accordance with these terms and conditions shall be referred to as the “Buyer”.
“Conditions” are these terms and conditions which apply to and are incorporated in any contract between Seller and Buyer.
“Contract” means any contract or agreement for the purchase and sale of goods subject to these conditions.
“Goods” means the goods (including any part or parts of them) which the seller agrees to supply to the buyer
1. Incorporation of Conditions
1.1 All goods are sold or agreed to be sold by the Seller subject to these Conditions which override any other terms or conditions stipulated or referred to by the Buyer ( including any terms and conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document), and no variation in these Conditions, whether expressed or implied , will be effective unless agreed in writing by the Seller.
1.2 Each order for Goods whether written or verbal by the Buyer to the Seller shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
1.3 No terms and conditions endorsed upon, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document will form part of the Contract for the supply of Goods simply as a result of such document being referred to in any other agreement or document relating to that Contract.
1.4 Any error or omission ( typographical, clerical or other ), in any sales document, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
1.5 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any written or verbal order submitted to the seller and for giving the seller any necessary information relating to the goods within a sufficient time to enable the seller to perform the contract in accordance with its terms.
1.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss , costs, damages, charges and expenses incurred by the Seller as a result of the cancellation.
2. Price
2.1 The price of the Goods shall be the Seller’s quoted price to the Buyer at the time the order is made by the Buyer. Prices quoted for goods are valid for 30 calendar
days unless otherwise agreed in writing by the Seller.
2.2 All prices given by the Seller are on a delivered basis, and include charges for transport and packaging, except as otherwise stated under the terms of any quotation and unless otherwise agreed in writing between the Buyer and the Seller.
2.3 The price is exclusive of any applicable value added tax ( VAT ), which amounts the Buyer shall be additionally liable to pay to the Seller.
3. Terms of Payment
3.1 Provided the Seller has an agreed credit facility in place for the Buyer to receive the Goods from the Seller, payment for the Goods is due within 30 days after the
end of the month in which delivery of the goods takes place. Otherwise the Seller may require that the Seller receive payment in full from the Buyer, in cleared funds, for the goods and the VAT ( if applicable), before collection or dispatch of the Goods.
3.2 The Buyer shall make all payments due under any Contract without any deduction whether by way of set-off, counterclaim, discount, abatement, or otherwise unless the Buyer has a valid Court Order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
3.3 If the Buyer fails to make any payment on the due date then, without prejudice to any right or remedy available to the Seller, the Seller shall be entitled to :
a. suspend any further deliveries to the Buyer.
b. appropriate any payment made by the Buyer to such of the Goods as the Seller may reasonably think fit.
c. charge the Buyer interest ( both before and after any judgement ) on the amount unpaid, at the rate of 5% per annum above the base rate charged by the Bank of Ireland from time to time, until payment in full is made.
3.4 Adherence to the Terms of Payment shall be of the essence.
4. Transfer of Risk and Property
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
4.2 The title and property in the goods shall not pass to the Buyer and full legal and beneficial ownership of the Goods shall remain with the Seller until the Seller has received in cash or cleared funds payment in full of the price of the Goods, including, if applicable, all secondary costs such as interest, charges and expenses payable under these Conditions and under all other Contracts between the Seller and the Buyer under which the Goods were delivered.
4.3 Until such time as the title and the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
4.4 In the event that the Buyer disposes of the Goods without title passing from the seller to the Buyer and without the Buyer paying in full the amounts due in respect of the Goods, the Buyer has the fiduciary duty to the Seller to account for the proceeds of sale including any interest due to the Seller.
5. Delivery
5.1 Delivery of the Goods shall be made by the Seller delivering the Goods to that place nominated by the Buyer for delivery and subject to any other agreement
between the parties.
5.2 The Seller will endeavour to comply with the delivery date agreed with the buyer. Any dates quoted for delivery are approximate only and time for delivery shall
not be of the essence unless previously agreed by the Seller in writing.
5.3 Subject to the other provisions of these Conditions the Seller will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by
any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract for the Goods.
5.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery ( otherwise that by reason
of any cause beyond the Buyer’s reasonable control or by reason of the Sellers fault ) then, without prejudice to any other right or remedy available to the Seller, the Seller may: a) store the Goods until delivery and charge the Buyer for the reasonable cost of storage or, b) sell the Goods at the best price readily obtainable.
6. Quality / Warranties
6.1 The Seller warrants that the Goods are produced to the Sellers’s specifications ( if applicable ) and are not damaged or defective.
6.2 Where the Goods are proved defective to the satisfaction of Platinum Tanks Ltd. and the Goods were manufactured by Platinum Tanks Ltd. the Goods will be repaired or replaced free of charge provided that Platinum Tanks Ltd. shall have been notified in writing of the defects within the following time limits:
a. Where the Goods are single skin tanks, within twenty four calendar months of delivery
b. Where the Goods are bunded tanks, within one hundred and twenty calendar months of delivery.
6.3 Platinum Tanks Ltd. shall assume no liability for losses or damage incurred as a result of:
a. Inappropriate or improper use or storage by the Buyer.
b. Incorrect handling or repairs by the Buyer or third parties.
c. Any modifications made to the Goods by the Buyer
d. Factors beyond the control of Platinum Tanks Ltd.
7. Force Majeure
The Seller is entitled to, without prejudice to the Seller, totally or partially suspend the delivery of Goods during any period in which the Seller may be prevented or hindered from supplying or delivering the same through any circumstances beyond the Seller’s reasonable control including ( but not limited to ) governmental actions, lockouts, strikes, labour disputes of any kind, war and hostilities, terrorist activity, civil disobedience, any local or national emergency, fire, explosion, floods, any other acts of God, embargoes, illness, accidents, failure or delay in transportation, shortages in the Seller’s or any of its suppliers stocks of product, shortage of labour and fuel. In any such event the Seller may, without liability, cancel or vary the terms of the contract including but not limited to, extending the time for performing the contract for a period at least equal to the time lost by reason of such causes.
This clause shall not apply to any payment or other financial obligation of the Buyer which obligation shall prevail beyond the termination of the Contract.
8. Law
This contract shall be governed in all respects by the Laws of Ireland and any dispute arising there from shall be submitted to the exclusive jurisdiction of the Courts of Ireland.
Platinum Tanks Ltd.
Unit 3 Lough Egish Business Park,
Castleblayney,
Co. Monaghan
Tel: 042 9745780
Fax: 042 9745782
www.platinumtanks.ie
sales@platinum-tanks.net