| Terms
and Conditions
PURCHASE ORDER ADDITIONAL INSTRUCTIONS, TERMS AND
CONDITIONS
1.
Our Order No. and/or Lot No. must be shown on
each package, tag, packing slip, Bill of Lading and invoice dispatched
by you to us.
2.
Your Invoices must be posted to us, by Airmail
if from overseas, in duplicate, with the original Bill of Lading,
and/or other documents of title, if any, not later than the day of
shipment.
3.
You will be responsible for all extra charges
of any kind howsoever arising, including taxes, insurance, packing,
Cartage, cable or other charges unless previously agreed to by us in
writing before shipment.
4.
You will not make any change in quantities
without our previous agreement in writing before shipment, and any
quantity dispatched without our agreement and authorisation will be
subject to our rejection and returned to you at your expense.
5.
The price is as stated in this Order, and if
not so stated in respect of any goods, then the price shall be the
same as that billed at the price last quoted to us or charged to us or
at the prevailing market price at the date of shipment, whichever is
the lower.
6.
You expressly represent and warrant to us:
(i)
That no law, national or otherwise, has been or
is now being broken in the production, sale or pricing of the goods
set out in this Order.
(ii)
That all materials comprised in the itemised
goods contained in this Order or in such other description or
specification furnished by us to you in respect thereof will be in
exact conformity with such Order, description or specification and
free form defect in material or workmanship and of good merchantable
quality.
7. That the material purchased in this
Order does not infringe any letters patent, and you hereby covenant
and agree to save harmless and protect us, our successors, assigns,
customers and users of any or all of our products against any claim or
demand based upon such infringement and you hereby undertake that on
being given due notice in writing you will appear and fully defend at
your own expense all actions, claims or charges arising there from.
8.
Any deviation from this Order or descriptions
or specifications furnished hereunder or any other exceptions or
alterations must first be approved in writing by us.
9.
We reserve the right to cancel at any time all
or any part of this Order if:
(i) You do not
make deliveries in the manner provided hereunder, and time shall be
the essence of this contract,
(ii) If you fail to observe any of the terms and conditions
hereof.
10.
All goods received by us shall be subject to
our right of inspection and rejection, and any goods found defective
by us or not to be in accordance with the description or specification
furnished by us shall be held for your instructions and at your risk
and expense, and if you so direct shall be returned to you at your
expense. In the event of our inspection showing that part of the
goods received by us in not in accordance with our description or
specification, we shall have the right to cancel any unshipped portion
of our order.
11.
Payment by us for goods on this Order prior to
such inspection shall not constitute acceptance thereof, and is
without prejudice to any claim that we may have against you.
12.
Your acceptance of this Order is limited to the
terms and conditions stated herein and any addition or variations
thereof which may be proposed by you is only acceptable if expressly
agreed to by us in writing.
13.
This contract shall not be assigned by you
without our written consent being first given.
14.
This contract shall be deemed to be governed by
the laws of the Republic of Ireland unless we in our absolute
discretion shall by notice in writing submit to the decision and award
of a competent Court having jurisdiction in some other State or
territory, or shall by like notice in writing submit to the
determination of any dispute or difference between you and us in
accordance with the laws of such other State or territory.
15.
Payment
will be made in the currency in which the price is stated on this
Order Form and no variation of the price or other adjustment will be
made in respect of any variation in the rate of exchange of this
currency.
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