Terms & Conditions
1.DEFINITIONS
a) Conditions means the terms and conditions set out in this document.
b) Company means Huet Distributors
Limited.
c) Agreement means the Agreement between
the Customer and the Company for the sale and purchase of the Goods comprising
the Order.
d) Customer means the Person or other
Entity purchasing the Goods.
e) Goods means the Goods (be
they parts, accessories, components or anything else supplied by the Company)
set out in the Order.
f) Order means the Customer's request for
the Goods, as set out in the Customer's purchase order form, website
submission, e-mail or other form of communication with the Company.
2.ORDERS
a) All Orders from the Customer shall be treated by the Company as an offer to purchase.
b) The Order shall be deemed to be accepted by the Company issuing acceptance of the Order or the Company doing any act consistent with fulfilling the Order. c) Any amendment to an Order by the Customer, including any cancellation of the whole or part of it, may be subject to a handling charge to cover all loss, costs, damages, charges and expenses incurred by the Company as a result of cancellation or modification of the Order.
a) Prices do not include packaging, insurance, V.A.T. or any other taxes which may be payable, unless otherwise stated in writing. Delivery charges shall be applicable, except in cases where Orders are over €300+V.A.T.
b) The prices quoted in the Company’s pricelist or set out online are accurate at the time of publication, however the Company reserves the right to change such prices without notice. Prices are exclusive of any applicable V.A.T. which the Customer shall also be liable to pay to the Company. Errors and Omissions excepted.
a) All delivery dates or periods quoted by the Company are estimates
b) The
Goods shall be delivered ex works. Unless otherwise noted on the Order, the
Company shall nominate a carrier and method of delivery.
c) The Customer shall inspect and report
any fault in the Goods within 3 days of receipt. Unless the Company has
received written notification from the Customer within such period, the
Customer shall not be entitled to complain of any fault in the Goods (except in
relation to latent defects) and will be deemed to have accepted the Goods in
their condition at the time of delivery. The same applies for the collection of
Goods from the Company’s premises. d)
The Customer is entitled to return Goods to the Company, if they are deemed to
be unsatisfactory by the Customer, within 10 working days of receipt of the
Goods. The Company will endeavour to exchange, refund or credit the Goods,
provided they are returned in perfect condition, unused and with their original
packaging.
a) Goods supplied by the Company shall remain the property of the Company until payment in full of all monies owing by the Customer to the Company in respect of said Goods and, until such time, the Customer shall hold the Goods as bailee for the Company and acknowledges the existence of a fiduciary relationship with the Company in respect of the Goods.
b) The Company shall be entitled to sue the
Customer for the price of such Goods if not paid on the agreed due date.
c) The Company shall be entitled at any
time to repossess Goods which remain the property of the Company and the
Customer hereby grants to the Company, its agents and servants a licence to
enter upon any premises where such Goods are stored or are reasonably thought
to be stored for the purpose of repossessing same and agrees to give the
Company such assistance as the Company may require for such purpose.
d) If, before title to the Goods passes
to the Customer the Customer breaches the agreed terms or becomes subject to an
insolvency event, the Customer's right to resell the Goods or use them in the
ordinary course of its business ceases immediately; and the Company may at any time require the Customer to
deliver up all Goods in its possession that have not been resold, or
irrevocably incorporated into another product. If the Customer fails to do so
promptly, the Company may enter any premises of the Customer or of any third
party where the Goods are stored in order to recover them.
6.PAYMENT TERMS
a) Subject to any special terms agreed in writing between the Customer and the Company, the Company may invoice the Customer upon or at any time upon dispatch or collection of the Goods. b) Unless other written terms apply, all sums shall be payable within 30 days of receipt of the Company’s invoice, without deduction. All amounts shall be paid in Euros by cleared cheque, cash, bank transfer or card payment.
c) If any amounts owing from the Customer
to the Company are overdue or outside the payment terms, any discounts or
benefits the Customer may have been given by the Company will cease to apply,
the Customers account may be put on hold and delivery of further Goods
suspended or the Company may choose to collect the Company’s property from the
Customer’s premises or elsewhere that it may be held.
a) Where any valid claim based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company, the Company may at its discretion grant the Customer a credit at the price at which the Goods were invoiced. The Company reserves the right to repair or replace the defective Goods (or relevant part) provided that in all cases the allegedly defective Goods are promptly returned to the Company by the Customer and have been found, after examination by the Company or Manufacturer, to be defective.
b) The Company shall have no liability
under condition 8(a) above if it is found that the defect in the Goods has been
caused or contributed to by the Goods having been stored, used or maintained contrary
to Manufacturer guidelines or the Customer having performed or permitted to be
performed any maintenance or repair of or alteration to the Goods.
c) The Goods shall comply with all legal
requirements imposed in The Republic of Ireland but no responsibility is
accepted by the Company in relation to compliance with laws and regulations of
countries outside of The Republic of Ireland.
d) The Company shall have no liability,
financial or otherwise, to the Customer for any delay or failure in performance
that arises from causes beyond the control of the Company including but not
limited to fire, floods, acts of God, acts or regulations of any governmental
or supranational organisation, war, riot, strike, lockouts and industrial
disputes.