1.1. In these conditions “Buyer” means the person who accepts the quotations of the seller for the sale of goods or whose order for the goods is accepted by the seller. “Goods” means the goods (including any instalment of the goods or any parts of them) which the seller is to supply in accordance with these conditions. “Seller” means Bluestone Sales & Distribution Limited or any associate company or companies. “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and the seller. “Writing” includes telex, cable facsimile transmissions and comparable means of communication.
1.1.1. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.1.2. The headings in these conditions are for convenience only and shall not affect their interpretation.
2.1. The seller shall sell and the buyer shall purchase the goods subject to these conditions which shall govern the contract to the exclusion of any other terms and conditions.
2.3. The sellers’ employees or agents are not authorised to make any representations concerning the goods unless confirmed by the seller in writing. In entering into the contract the buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
2.4. Any advice or recommendations given by the seller or its employees or agents to the buyer of its employees or agents as to the storage, application or use of the goods which is not confirmed in writing by the seller is followed or acted upon entirely at the buyer’s own risk and accordingly the seller shall not be liable for any such advice or recommendations which is not so confirmed.
2.5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
3.1. The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any Order 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.
3.2. The seller reserves the right to make any changes in the specification of the goods which are required to confirm with any applicable safety or other statutory requirements which do not materially affect their quality or performance.
4.1. The price of the goods shall be the seller’s quoted price of where a quoted price is no longer valid the seller’s current selling price.
4.2. All prices given by the seller include delivery throughout Ireland and Northern Ireland but not otherwise.
4.4. The price is inclusive of any applicable value added tax which the buyer shall be additionally liable to pay to the seller.
5.1. Subject to any special terms agreed in writing between the buyer and the seller the seller shall be entitled to invoice the buyer for the price of goods on or at any time after despatch of the goods.
5.2. The buyer shall pay the price of the goods on the date of the seller’s invoice notwithstanding that delivery may not have taken place and the property and the goods have not passed to the buyer. Receipts for payment will only be issued upon request.
5.3.2. appropriate any payment made by the buyer to such of the goods (or the goods supplied under any other contract between the buyer and the seller) as the seller may think fit (notwithstanding any purported appropriation by the buyer) ; and 5.3.3. charge the buyer interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above Bank of Ireland base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1. The seller shall retain title of all goods supplied until such time as the said goods have been paid for in full by the buyer. In the event that the buyer does not pay for all goods delivered then the seller reserves the right to recover such of the goods as have been unpaid for from the buyer and to issue the appropriate credit note to the buyer in respect of same.
7.1. Any dates quoted for delivery of the goods are approximate only and the seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the seller in writing. The goods may be delivered by the seller in advance of the quoted delivery date upon giving reasonable notice to the buyer.
7.2. If the seller fails to deliver the goods for any reason other than any cause beyond the seller’s reasonable control or the buyer’s fault, and the seller is accordingly liable to the buyer, the seller’s liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest market available) of similar goods to replace those not delivered over the price of the goods.
price under the contract or charge to the buyer for any shortfall below the price under the contract.
goods the time when the seller has tendered delivery of the goods.
8.3. The buyer shall not be entitled to pledge or in any way charge by way of the security for any indebtedness any of the goods which remain the property of the seller.
defects in material and workmanship at the time of delivery.
Terms Act 1977), all warranties, conditions or to other terms implied by state or common law are excluded to the fullest extent permitted by law.
the buyer are not affected b y these conditions.
the goods had been delivered in accordance with the contract.
the foregoing the following shall be regarded as causes beyond the seller’s reasonable control.
9.6.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition.
9.6.7. power failure or breakdown in machinery.
10.1.4. the seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer or notifies the buyer accordingly.
and payable notwithstanding any previous agreement or arrangement to the contrary.
or principal place of business or such other address as may at the relevant time have been notified in writing.
11.2. No waiver by the seller of any breach of the contract by the buyer shall be considered as a waiver of such subsequent breach of the same or any other provision.
these conditions and the remainder of the provision in question shall not be affected thereby.
11.4. The contract shall be governed by the laws of Ireland.
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