Tom Martin & Company Limited (the Company)
TERMS AND CONDITIONS OF SALE
Price: PRICES ARE EXCLUSIVE OF V.A.T. Prices are subject to change without notice
Carriage: Carriage is paid on orders exceeding €100, For orders under €100 a carriage charge of €8.50 applies
Settlement: 30 days from date of invoice
Claims: Claims must be made in writing within 48 hours of receipt of goods
Applicability: Acceptance of delivery of the Goods by the Customer (each as defined below) shall be deemed conclusive evidence of the Customer’s acceptance of these Terms and Conditions of Sale.
- In this “Title” Clause:
- “Invoice” means the invoice issued by the Company to the Customer on which reference is made to these Terms and Conditions of Sale;
- “Customer” means the addressee of the Invoice, as the purchaser of the Goods from the Company; and
- “Goods” means the articles which the Customer agrees to buy from the Company, as specified in the Invoice.
- Title to the Goods shall not pass from the Company until the Customer has paid the Company in full for all debts owed by the Customer to the Company at any given time (including payment for the Goods and any applicable VAT and carriage charges).
- Until title to the Goods passes to the Customer in accordance with these Terms and Conditions of Sale, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
- For so long as the Goods remain the property of the Company, the Customer shall not use the Goods in any manner and shall not sell, charge, pledge, encumber or otherwise deal the Goods nor shall the Customer purport to do any of the forgoing.
- The Company shall be entitled to recover the price of the Goods (plus VAT) from the Customer notwithstanding that property in any of the Goods has not passed from the Company.
- Until such time as property in the Goods passes from the Company, the Customer shall, upon request, deliver up the Goods to the Company. If the Customer fails to do so the Company and/or its agents may enter upon any premises owned, occupied or controlled by the Customer where the Goods are situated and repossess the Goods.
- The Customer shall insure and keep insured the Goods to their full price against ‘all risks’ to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.