TERMS AND CONDITIONS
Our terms and conditions of trade
Terms and Conditions
Our terms and conditions of trade
1.1 The Agent shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control (such as severe weather conditions, the actions of third parties not employed by us or any defect in a client’s or third party’s property); this extends to loss or damage to vessels, gear, equipment or other property left with us for work or storage, and harm to persons entering our premises or using any of our facilities or equipment.
1.2 The Agent shall take reasonable and proportionate steps having regard to the nature and scale of our business to maintain security at our premises, and to maintain our facilities and equipment in reasonably good working order; but in the absence of any negligence or other breach of duty by us, vessels and other property are left with us at the Client’s own risk and Clients should ensure that their own personal and property insurance adequately covers such risks.
1.3 The Agent shall not be under any duty to salvage or preserve a Client’s Vessel or other property from the consequences of any defect in the vessel or property concerned unless we have been expressly engaged to do so by the Client on commercial terms. Similarly, we shall not be under duty to salvage or preserve a Client’s vessel or other property from the consequences of an accident, which has not been caused by our negligence or some other breach of duty on our part. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where we do so, we shall be entitled to change the Client concerned on a normal commercial basis.
1.4 Clients may themselves be liable for any loss or damage caused by them, their crew or their vessels and while their vessel or other property is on our premises or is being worked on by us they shall be obliged to maintain adequate insurance, including third party liability cover of not less than €3,000,000, and, where appropriate, Employer’s Liability cover in respect of any employee. Clients shall be obliged to produce evidence of such insurance to us within 7 days of a request to do so.
1.5 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or that of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; or otherwise to the extent that it would be illegal for us to exclude or attempt to exclude liability.
2.1 Any instruction received by the Agent from the Client for the supply of Services and/or Goods, and/or the Clients acceptance of Services and/or Goods supplied by the Agent shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Agent.
2.4 The Client undertakes to give the Agent at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.
2.5 All quotations made by the Agent are, unless stated to be fixed, an estimate only. The Agent is not bound by any order given in pursuance of any quotation until the Client accepts the order. All orders are subject to acceptance by the Agent.
3. Price and Payment
3.1 At the Agent’s sole discretion, the Price shall be either;
(a) as indicated on the invoices provided by the Agent to the Client in respect of Services and/or goods supplied; or
(b) the Agent’s quoted Price which shall be binding upon the Agent provided that the Client shall accept the Agent’s quotation in writing within ten (10) days.
3.2 At the Agent’s sole discretion, a deposit may be required.
3.3 The Agent’s production charges are €66.08 +VAT per hour. Travel is chargeable as time plus mileage, at €22.03 per hour + 50c per mile +VAT.
3.4 Time for payment for the Services and/or Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due twenty-eight (28) days following the date of the invoice.
3.5 At the Agent’s sole discretion payment for approved Clients shall be made by instalments in accordance with the Agent’s payment schedule (details available on request).
3.6 Payment will be made by cheque, or by bank cheque, or by direct credit (EFT), or by other method as agreed to between the Client and the Agent.
3.7 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery and Services
4.1 At the Agent’s sole discretion, the cost of delivery is included in the Price.
4.2 The Client shall make all arrangements necessary to take delivery of the Services and/or Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery as arranged then the Agent shall be entitled to charge a reasonable fee for redelivery.
4.3 Delivery of the Services and/or Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.4 The Agent may deliver the Services and/or Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.5 The Agent will use its endeavours to complete Services and/or obtain Goods by the time specified to the Client.
4.6 The failure of the Agent to deliver shall not entitle either party to treat this contract as repudiated.
4.7 The Agent shall not be liable for any loss or damage whatever due to failure by the Agent to deliver the Services and/or Goods promptly or at all.
5.1 If the Agent retains ownership of the Services and/or Goods nonetheless, all risk thereof passes to the Client on notification of delivery.
5.2 Insurance proceeds payable for the Services and/or Goods. The production of these terms and conditions by the Agent is sufficient evidence of the Agent’s rights to receive the insurance proceeds without the need for any person dealing with the Agent to make further enquiries.
6.1 It is the intention of the Agent and agreed by the Client that ownership of the Services and/or Goods shall not pass until;
(a) the Client has paid all amounts owing for the particular Services and/or Goods; and
(b) the Client has met all other obligations due by the Client to the Agent in respect of all contracts between the Agent and the Client.
6.2 Receipt by the Agent of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Agent’s ownership or rights in respect of the Services and/or Goods shall continue.
7. Client’s Disclaimer
7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Agent and the Client acknowledges that the Services and/or Goods are bought relying solely upon the Client’s skill and judgment.
8.1 The Client shall inspect the Services and/or Goods on delivery and shall within ten (10) days notify the Agent of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Agent an opportunity to inspect the Services and/or Goods within a reasonable time following delivery if the Client believes the Services and/or Goods are defective in any way. If the Client shall fail to comply with these provisions the Services and/or Goods shall be presumed to be free of any defect or damage. For defective Services and/or Goods, which the Agent has agreed in writing that the Client is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing or repairing the Services and/or Goods.
8.2 No Services and/or Goods shall be accepted for return except in accordance with 8.1 above.
9.1 To the extent permitted by statute, no warranty is given by the Agent as to the quality or suitability of the Services and/or Goods for any purpose and any implied warranty is expressly excluded. The Agent shall not be responsible for any loss or damage to the Services and/or Goods, or caused by the Services and/or Goods, or any part thereof however arising.
10.1 The Agent may cancel these terms and conditions or cancel delivery of Services and/or Goods at any time before the Services and/or Goods are delivered by giving written notice. On giving such notice the Agent shall repay to the Client any sums paid in respect of the Price. The Agent shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.2 In the event that the Client cancels delivery of Services and/or Goods the Client shall be liable for any loss incurred by the Agent. Please see 3.3 in Price and Payment (including, but not limited to, any loss of profits) up to the time of cancellation.
Last reviewed and updated on 14/01/2019