Stoptek.ie– Terms and Conditions
www.stoptek.ie STOPTEK KILLYMARRAN BALLINODE CO. MONAGHAN
We advise all our online customers to read through the www.stoptek.ie Terms and Conditions before every transaction.
These Terms and Conditions govern your use of our Website:
1.Use of Web Site
All use of our web site is strictly subject to these terms and conditions (“the Terms”) below.
If you do not agree to the Terms cease use of our web site immediately.
You may keep a copy of the Terms. They form a legal agreement between us and can only be modified with our written consent. We reserve the right to amend the Terms at our sole discretion by changing them on the web site.
The content of all the pages of our web site is protected by copyright and possibly other rights. You may print or download extracts from, or whole pages, for your personal use only if you retain any copyright or other notice in/on all such printouts or downloads. This licence to print / copy does not permit incorporation of the material, or any part of it, in any other work or publication.
You may not reproduce any part or all the content of the web site in any form for any commercial purpose without our prior consent. A license for commercial distribution or copying may be obtained on request. In the absence of agreement to the contrary, the license fee for each full or part page and each image starts at €1000+VAT.
3.Accuracy of Information
We do our best to ensure all information on the web site is accurate.
If you find any inaccurate information on the web site please let us know and we will correct it, where we agree, as soon as practicable.
You should independently verify any information presented on the web site before relying upon it.
We make no representations that information on the web site is accurate or up to date or complete and accept no liability for any loss or damage caused by inaccurate or incomplete information. This web site gives a large amount of data and inevitably there may be errors in it.
Although we hope this web site will be of interest to you and other users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
Any views expressed in messages on the Site are not necessarily ours or anyone connected with us.
We provide most information on this web site free of charge. Whether or not we charge for the information provided on the web site, the information is provided on the basis that no liability is accepted for the information given.
In no event shall we be liable to you for any direct, indirect or consequential loss, loss of profit, revenue or good will arising from your use of the web site or any information on the web site. Subject as provided below, all terms implied by law are excluded.
We do not accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under Irish law, be excluded.
The information on the web site is not intended to address your particular requirements. Such information is to be used only as a reference aid and does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. You should take your own advice.
If you make an arrangement with anyone named or connected with the web site other than us, this is at your sole risk.
We are not responsible for the availability of access to and links from the web site and you are expected to ensure that your hardware and software are capable of effectively accessing the web site via your Internet Service Provider.
If you consider that any third party web site linked to or from our web site provides inappropriate content please let us know. You are advised to use appropriate anti-malware software before and during access to the web site.
Irish law shall apply to the Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes you irrevocably submit to such jurisdiction. The place of performance shall be Ireland.
We make no warranty or guarantee that the web site or information available over it complies with laws other than those of Ireland.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this agreement.
Website Sale Terms and Conditions
The Buyer’s attention is in particular drawn to the limitations of liability set out in condition 11.
1.1The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchases the Goods from the Company.
Company: STOPTEK MOTOR FACTORS, registered in Ireland with number 533687,
Consumer: a Buyer who is a private individual purchasing the Goods for private use.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods.
Delivery Point: the place where delivery of the Goods is to take place under condition 4.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3Words in the singular include the plural and in the plural include the singular.
1.4A reference to one gender includes a reference to the other genders.
1.5Condition headings do not affect the interpretation of these conditions.
2.APPLICATION OF TERMS
2.1Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.4Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.6The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.7Any typographical, clerical or other error or omission in any sales literature (which shall include all specification sheets, plans and drawings), this website, quotation, price list, acceptance of 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.
3.1The quantity and description of the Goods shall be as set out in the Company’s acknowledgement of order.
3.2All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3The Company may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the address within Ireland specified by the Buyer in the order, or as close thereto as the Company can deliver to at the time of delivery.
4.2 Any dates specified or agreed to by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence or made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
4.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, wishes to delay delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
- Risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);
- The Goods shall be deemed to have been delivered;
- The Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and
- Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the Contract or charge the Purchaser for any shortfall below the price under the Contract.
4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods. The Goods will not be unloaded until a representative of the Buyer has signed the delivery note to confirm that the Goods are as ordered and undamaged.
4.6 If the Company delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.
4.7 The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.8 Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment.
5.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 5 working days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.4 Where the goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cleared funds) all sums due to it in respect of:
- The Goods; and
- All other sums which are or which become due to the Company from the Buyer on any account.
6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
- hold the Goods on a fiduciary basis as the Company’s bailee;
- Store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
- Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
- Maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
6.4The Buyer may not resell the Goods before ownership has passed to it.
6.5The Buyer’s right to possession of the Goods shall terminate immediately if:
- The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
- The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
- The Buyer encumbers or in any way charges any of the Goods.
6.6The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.7The Buyer grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
6.8Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
6.9On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.
7.RETURN OF GOODS
20.1 Goods correctly supplied may be returned (at the buyers expense) without the Company’s written agreement within 15 days of purchase date. Goods so returned must be consigned carriage paid and accompanied by a Returns Form stating the recipients invoice/order number and date thereof together with the reason for return.
20.2 Goods supplied in error returned for exchange will be shipped to back to the buyer at the Company’s expense.
20.4 Goods returned outside of the 15 day return period must be in a resaleable condition and will be charged a 15% restocking fee. The Customer will only be offered credit or exchange. No refunds will be offered. A delivery charge may be applicable.
20.5 Goods returned outside of the 15 day return period that do not include their original packaging will not be accepted under any circumstances.
20.6 Goods returned within 15 days of purchase not including their original packaging must be in perfect operational condition and will be charged a 15% restocking fee. A credit or exchange will be offered. A delivery charge may be applicable.
20.7. If you return goods that don’t adhere to our returns procedure or don’t include a returns form, you may be liable for a €60 administration fee.
8.1Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.
8.2The price for the Goods shall be exclusive of any value added tax which is charged at the prevailing rate.
8.3The cost of delivery will be determined by the size and shape of the Goods, the quantity ordered and their weight. The cost will be stated during the order process and visible on the final order before this can be submitted to the Company.
9.1Subject to condition 9.4, payment of the price for the Goods is due in Euro, and, unless otherwise agreed, will be payable on delivery of the Goods.
9.2Time for payment shall be of the essence.
9.3No payment shall be deemed to have been received until the Company has received cleared funds.
9.4All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
9.5The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
9.6If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Allied Irish Banks, accruing on a daily basis until payment is made, whether before or after any judgement.
9.7In the event that the Company incurs bank charges as a result of the Buyer’s default (including, but without limitation, if a cheque is not honoured), all such charges will be payable by the Buyer.
10.1Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company. The Buyer acknowledges that the warranty or guarantee period may vary between particular products.
10.2The Company agrees to abide by the procedures as laid down in the Society of the Irish Motor Industries code of practice prevailing at the time in question in respect of warranty and guarantee claims.
10.3Notwithstanding the above, the Company shall not be liable for a breach of the warranty if:
- The Buyer fails to give written notice of the defect to the Company within 3 working days of discovering the defect, and, if the defect is as a result of damage in transit, within 3 working days of the time when the Buyer discovers or ought to have discovered the defect; and
- The Company is not given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) fails to return such Goods to the Company’s place of business for the examination to take place there.
10.4Notwithstanding the above, the Company shall not be liable for a breach of the warranty if:
- The Buyer makes any further use of such Goods after giving such notice; or
- The defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- The Buyer alters or repairs such Goods without the written consent of the Company.
10.5If any of the Goods do not conform with the warranty, the Company shall, at its option, repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall return the Goods or the part of such Goods which is defective to the Company.
10.6If the Company complies with condition 10.5, it shall have no further liability for a breach of the warranty in respect of such Goods.
11.LIMITATION OF LIABILITY
11.1Subject to condition 4, condition 5 and condition 10, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
- Any breach of these conditions;
- Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
- Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.3Nothing in these conditions excludes or limits the liability of the Company:
- For death or personal injury caused by the Company’s negligence; or
- For any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
- For fraud or fraudulent misrepresentation.
11.4Subject to condition 10.2 and condition 10.3:
- The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price, whichever is the greater; and
- The Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12.1The Company may assign or subcontract the Contract or any part of it to any person, firm or company.
12.2The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14.1Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.4Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.5The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Irish law and the parties submit to the exclusive jurisdiction of the Irish courts.