GENERAL CONDITIONS OF SALE

  1. GENERAL

 

(1)

Every contract entered into by Templetuohy Farm Machinery Ltd., having its head office at Templetuohy, Thurles, Co. Tipperary (hereinafter referred to as “the Firm”) with any person, persons or body corporate (hereinafter referred to as “the Customer”) for the sale of goods shall be subject to the terms and conditions set out hereunder which shall be deemed to be incorporated into and form part of every such contract.

(2)

No forbearance or indulgence shown or granted by the Firm to the Customer (being the sole purchaser or any one or more of joint purchasers) in any regard whatsoever shall constitute a waiver of any covenant or condition to be performed by that Customer or in any way affect, diminish, restrict, or prejudice the rights and powers of the Firm. Any supplier, dealer or other person, not in the actual employment of the Firm by or through whom a transaction may have been introduced, negotiated or conducted is not the agent and has no authority to act as the agent of the Firm who shall under no circumstances be held liable for any statement, condition, warranty or representation made by or given by such supplier, dealer or other person unless the same is accepted by the Firm in writing and signed on behalf of the Firm by a duly authorised officer of the Firm. Any variation of or derogation from or addition to these conditions by whomsoever made shall in no way bind the Firm unless the same is agreed in writing, signed on behalf of the Firm by a duly authorised officer of the Firm.

 

  1. DELIVERY

 

(1)

Risk or loss of or damage to goods shall pass to the Customer when the goods leave the Firm’s premises or in the event that the goods are delivered in the Firm’s own transport when the goods leave such transport.

(2)

Any time or date stated by the Firm for delivery is given and intended as an estimate only, and the Firm shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.

(3)

The Firm may choose any method of delivery. The Customer shall provide sufficient labour and equipment to offload goods at the place of delivery.

(4)

All goods must be examined by the Customer immediately on delivery. Where the goods are incomplete or breakage or shortage occurs or has been sustained the delivery dockets or carrier’s receipt note must be endorsed to this effect by the Customer and the Customer must notify the carrier and Firm’s sales office in writing on the day of delivery. All goods alleged damaged or not in accordance with Order must be kept for inspection until otherwise advised and particulars notified to the Firm’s sales office in writing immediately on receipt and not later than 7 days after receipt. NO CLAIMS WHATSOEVER CAN OTHERWISE BE MAINTAINED AGAINST OR ENTERTAINED BY THE FIRM FOR SHORT DELIVERY.

(5)

Representations, Warranties and Conditions.

(a)

(i)

Where the Customer deals as consumer as defined by Section 3(1) of the Sale of Goods and Supply of Services Act 1980 the contractual rights which the Customer enjoys by virtue of Sections 13, 14 and 15 of Sale of Goods Act 1893 as amended are in no way prejudiced by any of the provisions of the Agreement.

(ii)

Subject to Clause 4 (a) (1) hereof of all terms, conditions and warranties whether express or implied and whether arising by statute or at Common Law in relation to the sale of goods are hereby expressly excluded.

(iii)

The terms implied by Section 39 of the aforesaid Act of 1980 are hereby expressly excluded subject to the provisions of Section 40 of the said Act.

(iv)

Nothing in Clause 4 (a) (ii) herein shall in any way affect or prejudice the rights the customer may have under the provisions of Section 12 and 13 of the aforesaid Act of 1980.

(b)

The Firm shall not be liable for the observance of the terms of any Guarantee as defined by Section 5 of the aforesaid Act of 1980 given to the Customer by any person whomsoever in relation to the goods and the Customer shall be taken to have acknowledged that he has not been given any Guarantee by The Firm in relation to the goods.

(c)

Where the Customer has their place of business (or, if they have none, habitual residence) in the territory of any State other than the Republic of Ireland and the contract with that customer is for the international sale of goods by the Firm to the Customer within the meaning of Section 24 of the Sale of Goods and Supply of Services Act 1980 then any term condition or warranty implied by reason of Sections 12, 13, 14 and 15 of the Sale of Goods Act 1893 as amended is hereby excluded.

 

  1. PRICES

 

(1)

All prices quoted show prices exclusive of V.A.T. and all prices are therefore plus V.A.T. at the appropriate rates.

(2)

The price of goods exclusive of duty may be altered by the Firm without notice at any time prior to delivery in accordance with any changes in the currency values which alter the cost to the Firm of the goods.

 

  1. TITLE TO GOODS AND RISK IN GOODS

(1)

The risk in the goods shall pass to the Customer at the point of delivery and the Firm shall have no responsibility in respect of the safety or deterioration of the Goods thereafter. Accordingly the Customer should insure the goods against such risks (if any), as the Customer thinks appropriate.

(2)

Notwithstanding the delivery and the passing of risk in the goods, all goods shall remain the property of the Firm until all sums and debts due or owing or to become due or owing to the Firm in respect of the said goods shall have paid in full to the Firm by the Customer.

 

  1. DETERMINATION

 

(1)

If the Customer shall make default in, or breach of the Contract or of any other of its obligations to the Firm, or if any distress or execution shall be levied upon the Customer’s property or assets, if the Customer shall make or offer to make any arrangement or composition with creditors , or permit any act of bankruptcy or any petition or receiving Order in bankruptcy shall be presented or made against the Customer or if the Customer being a Firm and any resolution or petition to wind up such Firm’s business shall be passed or presented to or if a receiver of such Firm’s undertaking, property or assets or any part thereof shall be appointed the Firm shall have right forthwith to determine any Contract than subsisting and upon notice of such determination being posted to the Customer’s last known address and subsisting Contract shall be deemed to have been determined without any prejudice to any claim or right the Firm may have, make or exercise whether under these general conditions or otherwise.

 

  1. PAYMENT

 

(1)

Unless credit facilities have been expressly agreed in writing signed on behalf of the Firm payment shall be due within one calendar month of invoice.

(2)

Customers to whom credit facilities have been granted must settle Accounts in accordance with the terms agreed by the Firm.

(3)

If any delay or default in payment due in accordance with these Conditions occurs, simple interest shall be chargeable by the Firm on all sums due to the Firm at a rate consisting of our current bank interest rate +3% calculated at the statement date, such interest to be charged on a day to day basis from the date due until the actual payment is received by the Firm.

 

  1. JURISDICTION

 

These conditions and all Sales and other business conducted between the Firm and the Customer shall be subject to and constructed in accordance with the laws of the Republic of Ireland and be within the exclusive jurisdiction of the Courts of the Republic of Ireland and the Customer hereby submits to the said jurisdiction.

 

  1. DATA PRIVACY CLAUSE

 

(1)

By entering into a Contract with the Firm the Customer agrees to the processing of their personal data (name, address, telephone number, e-mail address and profession or comparable data) and the Customer’s operation (machinery, size of business, type of cultivation or comparable data) by the Firm which will be stored electronically for the purposes of customer service and advice, market and opinion research, to establish customer satisfaction as well as to occasionally send out information and marketing material.

(2)

The Customer may withdraw consent for use of their data for advice, communication, and Information media at any time either wholly or limited to certain data, uses or means of communication. The Customer further has the right to obtain details of, amend or delete their personal data at any time by request to [email protected]

(3)

In the event of a purchase or quote for a John Deere product this may include the transfer to and processing of the Customer’s data for such purposes by John Deere companies located outside the EEA.