OCON Chemicals Terms & Conditions
CONDITIONS OF SALE
1. Interpretation
"Supplier" means OCON Chemicals Limited, a company registered in Ireland (No. 80132), whose registered office is at unit 3, m.f.t business park, Doughcloyne Industrial Estate, Sarsfield Rd, Co. Cork
"Customer" means any person, firm, company, or unincorporated association which orders Goods.
"Goods" means the goods ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.
2. Delivery Date
The Supplier shall use reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence, or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.
3. Delivery Location
Delivery shall be at the Customer’s premises stated on the purchase order, unless otherwise agreed.
4. Installments
Unless otherwise expressly agreed, the Supplier may make delivery in one or more installments.
5. Packaging, Carriage, and Insurance
The prices are inclusive of any costs of standard packaging, carriage, and insurance, which shall be arranged by the Supplier but paid by the Customer in addition to the price, unless otherwise expressly agreed at the time of order.
6. Title
Title to the Goods only passes to the Customer when payment is made in full.
7. Risk
Risk in the Goods purchased shall pass to the Customer upon delivery, regardless of whether title has passed.
8. Returnable Packaging
If the Goods are supplied with packaging designated by the Supplier as returnable, the Customer shall return it, carriage-paid and in good condition, to such premises in Ireland as may be specified by the Supplier.
9. Queries and Complaints
The Customer shall inspect the Goods immediately upon delivery and shall give written notice of any queries and/or complaints to the Supplier within three days of delivery.
10. Price
The price quoted by the Supplier to the Customer at the date of the order is the relevant price.
11. VAT
Unless expressly quoted as including VAT, all prices are exclusive of value-added tax, which shall be paid at the appropriate rate by the Customer in addition to the price.
12. Time of Invoice
The Supplier may invoice the Customer for Goods dispatched upon dispatch of the Goods, whether the order is dispatched in installments or otherwise.
13. Payment Terms
Unless otherwise agreed in writing by the Supplier, the Customer shall make all payments due to the Supplier on or within 30 days of the invoice date.
14. No Deductions
The Customer shall make all payments in Euros and shall not exercise any rights of set-off (statutory or otherwise) or counterclaim against invoices.
15. Interest
The Customer shall pay interest on overdue accounts (including VAT) at 7% per annum above the main refinancing rate of the European Central Bank, accruing daily.
16. Warranties
The Supplier warrants that at the time of sale, it will have the title to sell the Goods to the Customer and the Goods will conform to the published specification.
17. Remedy
If the Supplier is in breach of the warranties given under Clause 16, its liability shall be limited to replacement of the Product or reimbursement of the price.
18. No Other Liability
The Supplier shall have no further liability to the Customer other than as described in Clause 17.
19. Consequential Loss
The Supplier shall not under any circumstances be liable to the Customer for consequential, special, incidental, or punitive loss or damage.
20. Non-Excusable Liability
Nothing in these conditions of sale shall exclude or limit the Supplier’s liability for death or personal injury resulting from negligence.
21. Application
These Terms and Conditions apply to any purchase of Goods under an order accepted by the Supplier.
22. Force Majeure
The Supplier shall not be liable for loss or damage caused by circumstances beyond its reasonable control.
23. Governing Law
These conditions of sale shall be governed by Irish law.
