1. Delivery Time

  1. Dates given for delivery are approximate and we shall not be liable for any delay in delivery or failure to deliver.
  2. Where we are prevented from delivering within a reasonable time after any given delivery date we shall as soon as practicable give you notice of the cause of such prevention and, failing an agreement for a new delivery date, the contract shall be deemed frustrated and the provisions of the Law Reform (Frustrated Contracts) Acts 1943 shall apply.
  3. We shall not be obliged to deliver any goods at any time when payment for any previous delivery or any other debt owed by you to us is overdue.

2. Place of Delivery

  1. Unless otherwise expressly agreed by us in writing delivery of the goods shall take place at our premises and the risk in the goods shall thereupon pass to you.
  2. Without prejudice to sub-paragraph (1) of this clause, on request, we may deliver the goods to your own address/premises, the cost of which shall be charged in accordance with Clause 10 (1) thereof.

3. Loss or Damage in Transit

Without prejudice to the provisions of Condition 2, we shall not in any case be liable for shortage of or loss of or damage to goods in transit unless:-

  1. Such shortage, loss or damage is caused by our negligence, and
  2. the carriers and ourselves are notified
  1. in the case of shortage, loss or damage of a consignment actually delivered, by telephone within 24 hours of actual delivery, and such notification is confirmed in writing within 3 days of actual delivery, or
  2. in the case of non delivery, in writing within 3 days of the date of despatch, which will normally be the date shown on our advice note or invoice, and
  3. in the case of damage to goods, those goods are either returned to us carriage paid for inspection within 7 days of delivery or arrangements are made for inspection to be carried out on site by our representative.

4. Warranty

  1. Subject to paragraph (2 and 3) of this condition we shall without charge repair or, at our option replace any goods sold by us which are defective at the time of their delivery to you or which become defective within twelve months of their delivery to you provided that:
    1. we are promptly notified of the defects of the goods, and,
    2. the goods are returned to us the return carriage paid. Where goods are returned to us and found to be defective we may make a reasonable charge for inspection and handling.
  2. Our obligations under this Condition do not apply in relation to
    1. Defects caused by improper installation of the goods;
    2. misuse of the goods;
    3. goods, the serial number which has been altered or removed;
    4. modification or repair of the goods other than by our staff;
    5. other circumstances over which we have no control.
  3. Goods are 'defective' if they do not function properly owing to a fault in the material or workmanship or to a material discrepancy from the contract description.