TERMS AND CONDITIONS OF TRADING WITH GEM OILS LIMITED AND OF THIS CONTRACT FOR THE SUPPLY OF GOODS UNDER THE SALE OF GOODS & SUPPLY OF SERVICES ACT 198
Agreement is entered into by the Buyer understanding and acknowledging the full import of same.
General Terms of Trade
1. The Company (Gem Oils Limited) will not
3. All prices and allowances quoted by the Company are liable to alteration without notice.
4. Credit terms are extended at the sole and absolute discretion of the Company. All new/unknown businesses will operate on a C.O.D. basis, and payment will be made by the Buyer to the Company in advance of the goods being dispatched/delivered. In effect, this means that cleared funds are received by the Company prior to the dispatch/delivery of goods as may be ordered.
5. All Buyers shall maintain credit accounts within the agreed authorised financial levels and all monies due to the Company shall be paid within thirty days from the end of the month and in this respect, it is agreed that time is of the essence and specifically attention is drawn to paragraph 15.
6. Value Added Tax at the appropriate level will be added to the total of all the Company’s Invoices.
7. The Buyer agrees that it has examined and inspected any goods delivered to it at the time of delivery/arrival. In the event of there being any complaint, loss, defect and/or breakage, same will be reported to the Company in writing within forty eight hours from the time of delivery. It is agreed that all goods, the subject matter of complaint, defect or otherwise will be held by the Buyer pending the Company’s inspection, otherwise it is agreed that any claim will not be entertained by the Company.
8. It is agreed that should the Company be unable to make any delivery by reason of any cause beyond their reasonable control, the Contract in so far as it relates to any such delivery shall be nulled/rescinded and neither party shall have any claim or rights as against the other.
9. Unless specifically otherwise agreed in writing, risk in the goods shall pass from the Company to the Buyer upon delivery thereof. The goods shall remain the legal property of the Company until such sums as may be owing to the Company have been discharged and paid in full. The Buyer specifically grants to the Company, the right to re-enter the premises of the Buyer for the purposes of the Company taking back all it’s goods which may remain unpaid for at any time, without exception, and or without notice to the Buyer and also without prejudice to any other remedy the Company may have as against the Buyer.
10. A cancellation fee of 25% of the order value will be payable by the Buyer in the event of the cancellation of any order by the Buyer if more than fourteen days have elapsed from the order date. This fee is applicable up to and including thirty days prior to the date of dispatch of the stock ordered by the Company.
11. Where the Buyer refuses to accept delivery of all or any of the ordered goods for any reason, same shall be treated as a breach of Contract by the Company. Upon return of any non-accepted goods to the Company, it will be entitled to 50% of the agreed retail selling price as would have been invoiced by the Company to the Buyer.
12. It is agreed that no change of the legal status and/or liability of the Buyer shall be allowed unless it has been accepted and agreed in writing by the Company. The Company reserves the right to reject any account application at any time.
13. The deposit charged for IBCs is due for payment with the account and will only be credited in full on return of the IBC in good condition which has to occur within a reasonable timeframe.
14. The Buyer confirms and grants its consent to the disclosure of any information under the request to open new account and/or any arrangements contemplated or which subsequently might arise therefrom, and may constitute personal data within the Data Protection Act 1998 – 2018.
15. The Company shall charge interest on all unpaid Invoices or parts thereof that may remain outstanding by the Buyer to the Company in accordance with the terms and conditions set out in the E.U. Regulations “Late Payments in Commercial Transactions” and pursuant to SI391/2002 and Directive 2011/7/EC as calculated and chargeable thereon.
16. It is agreed between the parties that the Contract herein is entered into at the Company’s premises at Regaskin, Cavan and any dispute between the parties shall be determined in accordance with the rules from time to time of the Republic of Ireland. The Buyer consents to the foregoing terms of jurisdiction.