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CONDITIONS OF SALE
The following Standard
Conditions of Sale shall govern this transaction except as otherwise
specifically stated in writing, and are made between GRANNING GROUP (“the
Seller”) and the Buyers (“the Buyers”) whose name and address is specified
on this Order Confirmation Form:
I. Unless otherwise agreed in writing by the Seller, these conditions shall
override any terms or conditions stipulated, incorporated or referred to
by the Buyers in their order or negotiations,
2. The Sellers will attempt
as far as possible to comply with delivery dates provided. However,
subject to Clause 8 below and not withstanding any delivery date mentioned
in the contract time shall not be of the essence so far as delivery is concerned.
3. Where the Buyers order goods which under the terms of the contract are to
be delivered over a specific period, on the expiry of that period any
goods remaining undelivered will be delivered to the Buyers and invoiced
in accordance with the terms stated when the contra was entered into.
4. Where the contract provides for delivery of the goods by instalments, each
instalment shall be deemed to be the subject of a separate contract and
non-delivery or delay in delivery of any instalment shall not affect the
balance of the contract or entitle the Buyers to cancel same.
5. All quotations are made on the basis of prices subsisting on the day of the
quotation, and the Seller reserves the right to amend the quoted price on
the event of an increase in the cost of new materials, labour, overheads
or other expense of the Seller affecting the quoted price before the time
of delivery.
6. It is a term of this contract that the Buyers shall pay all sums due to the
Seller on the date specified in the invoice for payment and if they fail
to do so the Seller may (a) suspend
deliveries under any or all
contracts with the Buyers while the Buyers are in arrears and/or (b) give
notice in writing that if any such sum or sums shall remain unpaid for
14 days any or all such contracts may be cancelled and if all such sums
are not paid in that time may a further notice treat any or all such
contracts as determined and claim damages as for wrongful repudiation by
the Buyers. If the Seller believes the Buyers to be insolvent it may
suspend deliveries until special terms of payment are agreed.
7. Deliveries may be suspended pending strikes, lock-outs, industrial disputes,
fire, stoppages of transport, force majeure, prohibition of export or
import, government decrees of requirements, war or any contingency of any kind
whatsoever beyond the control of the Seller causing a short supply of
labour, fuel or raw materials or otherwise howsoever impending or interfering
with the manufacturer, use, delivery or carriage by land or by sea of
goods of the description bought or sold. It any such suspension should continue
for three months then the contract so affected may be determined at the option
of the Seller or the Buyers, provided that the Seller shall not be liable
for any loss or damage caused by such suspension or determination.
8. (1) The Seller shall not be liable for: (a) Any defects in the quality
or state of the goods. (except for discrepancy in quantity) which would be
apparent on a reasonable examination or for their being otherwise not in
accordance with the contract unless the Buyers shall have given to the
Seller within 7 days after receipt of the goods or of the Sellers
invoice whichever be the earlier a written notice specifying the matters
complained of and shall thereafter afford the Seller a reasonable
opportunity of inspecting the goods
before they have been used
or processed: or (b) Any detects in the quality or state of the goods
which would not have been apparent on a reasonable examination, unless
such defects shall have been discovered within three months after receipt
of the goods or of the Sellers invoice whichever be the earlier and the
Buyer shall have given the Seller forthwith upon such a discovery a
written notice specifying the matters complained of and shall thereafter
afford the Seller a reasonable opportunity of inspecting the goods in their
alleged defective state;
or (c) Any discrepancies in quantity unless the Buyers shall have given to
the Seller a written notice thereof within 7 days after the
receipt of the goods Provided always that as the Seller cannot guarantee
exact quantities of goods supplied the Seller shall be deemed to have
fulfilled its obligations under the contract by
delivery of a quantity plus
or minus 10 per cent of the quantity specified and the Buyers shall pay at
the contract rate for the actual quantity delivered, (2) Provided (i) that
the Buyers have complied with the requirements as to notification contained
in Clause 8.1 above (whichever may be applicable), and (ii) that the
goods have been properly and correctly stored and/or used by the Buyers,
and if the goods or any part thereof are defective in quality or state or
(save for discrepancy in quantity) otherwise not in accordance with the
contract then, if the Seller and the Buyers do not agree that the Buyers
should accept the goods at an agreed value or that the goods should be
made good at the Sellers expense, the Seller undertakes to accept a return
of the relevant goods and at the Sellers sole option either to:- (a) repay
or allow the Buyers the invoice price thereof; or (b) replace them as soon
as may be reasonably practicable. This undertaking is given and shall be
accepted by the Buyers in lieu of any other legal remedy. (3) The
Sellers liability for loss of profit, damage to plant, or for any expenditure
incurred on goods supplied or any consequential or special loss or damage
sustained by the Buyers by reason of any breach of the contract by the
seller or arising out of any act omission or of-neglect or default of the
Seller (including negligence on the part of the Seller its servants or
agents) shall in all cases be limited in the aggregate to the Contract
value of the goods in question or the sum of 10,000.00 whichever be the
less.
9. No responsibility will be accepted by the Seller in respect of non-delivery
of goods, unless the Buyers notify the Seller, within 7 days
from the date of receipt by the Buyers of the Sellers invoice. If
consignments are delivered damaged or with part contents missing, they
must be signed for accordingly and notification sent to the Seller within
7 days of delivery.
I0. Where the Buyers buy goods for further manufacture, they are advised in
their own interest to examine the goods before such further manufacture as
the Seller accepts no liability for goods or material which have been cut,
printed or otherwise fabricated or processed.
11. In the event of refusal by the Buyers to accept delivery, any storage of
the goods at the Sellers premises (or elsewhere) will be at the expense of
the Buyers and at the Buyers risk, and the Seller shall be entitled to
charge the Buyers shall pay such reasonable commercial rent for such
storage as the Seller shall stipulate, but without prejudice to any other
rights of the Seller under these conditions of sale or otherwise.
12. Where the goods consist of containers, wrappers or other articles for use
in connection with food, drug or other substance. the Buyers shall satisfy
themselves that such food articles or other substance is not likely to be
affected by any material used by the Seller in the mature or printing of
such containers, wrappers or other articles and the Seller shall not be
liable the Buyers or any third party in respect of any claim alleging that
such food, article, drug or substance has been adversely affected.
13. Although great care is taken in the choice of materials and ink used in the
manufacture of the goods, their suitability for packing any particular
commodity must be at the Buyers risk and, unless specially agreed in
writing by the Seller, no warranty or condition is given or shall be
implied that the goods supplied are suitable in size, shape, capacity, quality
or otherwise for the purposes for which the goods are bought.
14. All blocks, sketches and origination work remain the property of the Seller
unless paid for by the Buyers.
15. In the case of printed bags alterations from the original copy on and after
the first proof, including alterations in style, will be charged extra. No
responsibility will be accepted for any errors in proofs which have been
passed by the Buyers.
16. While every effort will be made by the Seller to supply material in
accordance with the quality of the samples submitted by the Buyers or
quoted for this cannot be guaranteed and no condition of warranty to this
effect shall be implied.
17. For the purpose of these conditions, the Buyers shall be deemed to have
received the Sellers invoice on the day following the day on which such
invoice is posted by the Seller.
18. TITLE AND RISK. From the time of delivery the goods shall be at the risk of
the Buyers who shall be solely responsible for their custody and
maintenance as if he were the owner, but unless otherwise agreed. the
goods shall remain the property of the Seller until the price has been
paid in full and unconditionally or until prior resale by the Buyers who
shall sell as principal only. While the ownership of the Seller the
Buyers shall keep the goods separate and identifiable from all other goods
in its possession.
If the goods are converted
into or incorporated with other products while in the ownership of the
Seller then ownership in such other products shall vest in the Seller
as if simply the solely the goods until such payment or resale as
aforesaid.
In the event of any resale
by the Buyers of goods or products the beneficial entitlement of the
Seller shall attach to the proceeds of to any claim of the proceeds so that
such proceeds or claim shall be held for trust for the Seller. In the event
of failure to pay the price in accordance with contract the Seller shall
have power to resale the goods or products alter reasonable notice, such
power being additional to any other power of sale arising by operation of
law or implication or otherwise.
Whist the Seller retains
title to goods, it shall be entitled to enter any premises to inspect the
goods and, if the Buyers shall fail to make due payment or them to retake
and reclaim the goods.
19. DIMENSIONS. All
dimensions are subject to manufacturing tolerance. We accept
no responsibility for goods supplied below nominal dimensions. Where
dimensions are
required to be exact, your
order must state minimum size.
20. TIME FOR PAYMENT All sums due to the Seller shall be paid by the last day
of the month after the month of delivery, In default the Seller may:
(a) suspend delivery under
all or any contracts with the Buyers, and, or
(b) charge interest at the
rate of five per cent per annum on the sum outstanding, and, or
(c) give written notice
that if any sum remains unpaid for 21 days thereafter all contracts may be
cancelled and. or damages for wrongful repudiation by the Buyers.
21. Agreements to hold
goods in stock for call off are subject to a 4 month time limit unless
otherwise agreed in writing. Storage costs will be charged to the buyers
thereafter.
Sales and Online Sales –
Terms & Conditions
Price variation: Estimates are based on GRANNING GROUP’s current costs of
production and, unless otherwise agreed, are subject to amendment on or at any
time after acceptance to meet any rise or fall in such costs.
Tax Prices: quoted are net of VAT. VAT will be charged at the current rate.
Preliminary work: All work carried out, whether experimentally or otherwise, at
customer’s request shall be charged.
Proofs: In the case of printed bags, alterations from the original copy on and
after the first proof, including alterations in style, will be charged extra.
No responsibility will be accepted for any errors in proofs which have been
passed by the buyer.
Suitability of goods: For any specific purpose cannot be guaranteed by the
sellers.
Printing: We shall endeavour to match a colour as close as possible but we
cannot guarantee an exact match.
Material: Whilst every effort will be made to supply material in accordance
with the quality of samples submitted or quoted for, the contract is not a
contract of sale by sample.
Industry tolerance: Quotations are conditional upon a margin of 10% being
allowed for overs or shortage, the exact quantity delivered will be the
quantity invoiced. Thickness in materials and size given is calculated at +/-
10%.
Delivery:
Claim limitation: Any claim by the buyer that the goods are not in accordance
with the specification is limited to the replacement by the sellers of the
goods supplied.
Claim for damage or damage or non-delivery: Will not be entertained by the seller unless
they are notified in writing to sales.uk@granninglynx.com within 7 days of the delivery
date and are signed for as damaged/missing on the delivery note by a member of
your staff.
Customer’s property:
Force Majeure: This contract may be varied or
cancelled by the Seller if it is affected by any Act of God, War, Strike, Lock
out, Fire, Flood, Drought, Tempest or any other cause beyond control of the
Seller whether similar to the foregoing or not, or if the Seller shall for any
reason be unable to procure materials or articles required for the performance
of the contract.
Cancellation or amendment to order: Any costs incurred will be invoiced.
Payment terms: Strictly net and payable from 30 days of the invoice date (the
due date). We reserve the right to charge interest on any late payments. Please
note that late payment may cause a delay in the delivery of your order.
Law: These conditions and all other expressed terms of the contract shall be
governed and contracted in accordance with the laws of Ireland.
Internet Sales:
Other Terms & Conditions
1.Introduction
The Website Owner, including subsidiaries and affiliates (“Website” or “Website
Owner” or “we” or “us” or “our”) provides the information contained on this
website or any of the pages comprising the website (“website”) to visitors
(“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject
to the terms and conditions set out in these website terms and conditions, the
privacy policy and any other relevant terms and conditions, policies and
notices which may be applicable to a specific section or module of this website
2.Information on the Website
Whilst every effort is made to update the information contained on this
website, neither the Website Owner nor any third party or data or content
provider make any representations or warranties, whether express, implied in
law or residual, as to the sequence, accuracy, completeness or reliability of
information, opinions, any share price information, research information, data
and/or content contained on the website (including but not limited to any
information which may be provided by any third party or data or content
providers) (“information”) and shall not be bound in any manner by any
information contained on the website. The Website Owner reserves the right at
any time to change or discontinue without notice, any aspect or feature of this
website. No information shall be construed as advice and information is offered
for information purposes only and is not intended for trading purposes. You and
your company rely on the information contained on this website at your own
risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”)
displayed on this website are registered and unregistered trade marks of the
Website Owner. Nothing contained on this website should be construed as
granting any licence or right to use any trade mark without the prior written
permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the
control of the Website Owner and no representation is made as to their content.
Use or reliance on any external links and the content thereon provided is at
your own risk. When visiting external links you must refer to that external
websites terms and conditions of use. No hypertext links shall be created from
any website controlled by you or otherwise to this website without the express
prior written permission of the Website Owner. Please contact us if you would
like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public
areas by you (which include bulletin boards, hosted pages, chat rooms, or any
other public area found on the website. Any material (whether submitted by you
or any other user) is not endorsed, reviewed or approved by the Website Owner.
The Website Owner reserves the right to remove any material submitted or posted
by you in the public areas, without notice to you, if it becomes aware and
determines, in its sole and absolute discretion that you are or there is the
likelihood that you may, including but not limited to – 5.1 defame, abuse,
harass, stalk, threaten or otherwise violate the rights of other users or any
third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent
or unlawful material or information
5.3 post or upload files that contain viruses, corrupted files or any other
similar software or programmes that may damage the operation of the Website
Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Ireland or
international laws or intellectual property rights of the Website Owner or any
other third party;
5.5 submit contents containing marketing or promotional material which is
intended to solicit business.
6.Specific Use
You further agree not to use the website to send or post any message or
material that is unlawful, harassing, defamatory, abusive, indecent,
threatening, harmful, vulgar, obscene, sexually orientated, racially offensive,
profane, pornographic or violates any applicable law and you hereby indemnify
the Website Owner against any loss, liability, damage or expense of whatever
nature which the Website Owner or any third party may suffer which is caused by
or attributable to, whether directly or indirectly, your use of the website to
send or post any such message or material.
7.Warranties
The Website Owner makes no warranties, representations, statements or
guarantees (whether express, implied in law or residual) regarding the website,
the information contained on the website, your or your company’s personal
information or material and information transmitted over our system.
8.Disclaimerof Liability
The Website Owner shall not be responsible for and disclaims all liability for
any loss, liability, damage (whether direct, indirect or consequential),
personal injury or expense of any nature whatsoever which may be suffered by
you or any third party (including your company), as a result of or which may be
attributable, directly or indirectly, to your access and use of the website,
any information contained on the website, your or your company’s personal information
or material and information transmitted over our system. In particular, neither
the Website Owner nor any third party or data or content provider shall be
liable in any way to you or to any other person, firm or corporation whatsoever
for any loss, liability, damage (whether direct or consequential), personal
injury or expense of any nature whatsoever arising from any delays,
inaccuracies, errors in, or omission of any share price information or the
transmission thereof, or for any actions taken in reliance thereon or
occasioned thereby or by reason of non-performance or interruption, or
termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or representation that information
on the website is appropriate for use in any jurisdiction (other than Ireland).
By accessing the website, you warrant and represent to the Website Owner that
you are legally entitled to do so and to make use of information made available
via the website.
10.General
10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement
between you and the Website Owner in relation to your use of the website.
Neither you nor the Website Owner shall be bound by any express tacit or
implied representation, warranty, promise or the like not recorded herein.
Unless otherwise specifically stated these website terms and conditions
supersede and replace all prior commitments, undertakings or representations,
whether written or oral, between you and the Website Owner in respect of your
use of the website.
10.2Alteration
The Website Owner may at any time modify any relevant terms and conditions,
policies or notices. You acknowledge that by visiting the website from time to
time, you shall become bound to the current version of the relevant terms and
conditions (the “current version”) and, unless stated in the current version,
all previous versions shall be superseded by the current version. You shall be
responsible for reviewing the then current version each time you visit the
website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these
website terms and conditions and any other relevant terms and conditions,
policies or notices, the other relevant terms and conditions, policies or
notices which relate specifically to a particular section or module of the
website shall prevail in respect of your use of the relevant section or module
of the website.
10.4 Waiver
No indulgence or extension of time which either you or the Website Owner may
grant to the other will constitute a waiver of or, whether by estoppel or
otherwise, limit any of the existing or future rights of the grantor in terms
hereof, save in the event or to the extent that the grantor has signed a
written document expressly waiving or limiting such rights.
10.5 Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of
its rights and obligations in terms of any relevant terms and conditions,
policies and notices to any third party.
10.6 Severability
All provisions of any relevant terms and conditions, policies and notices are,
notwithstanding the manner in which they have been grouped together or linked
grammatically, severable from each other. Any provision of any relevant terms
and conditions, policies and notices, which is or becomes unenforceable in any
jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or
for any reason whatever, shall, in such jurisdiction only and only to the
extent that it is so unenforceable, be treated as pro non scripto and the
remaining provisions of any relevant terms and conditions, policies and notices
shall remain in full force and effect.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by
and construed in accordance with the laws of Ireland without giving effect to
any principles of conflict of law. You hereby consent to the exclusive
jurisdiction of the High Court of Ireland in respect of any disputes arising in
connection with the website, or any relevant terms and conditions, policies and
notices or any matter related to or in connection therewith.
10.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the
privacy policy or any other relevant terms and conditions, policies and notices
or the way in which we are handling your personal information please contact
us. (insert hyperlink for form).
11. Import Regulations
GRANNING GROUP Ltd shall not be responsible for any countries
import regulations or any charges payable on goods entering any country. These
charges shall be payable by the recipient.
12. Returns
In accordance with The European Directive on Distance Selling (Directive
97/7/EC) unwanted or unsuitable products may be returned to GRANNING GROUP within
7 working days of receipt as long as the goods are returned in usable
and re-sellable condition. Goods must be returned at your own expense.
If your item is damaged or faulty, please contact us within 7 days.
If you wish to return your item, for whatever reason, please include all
original packaging and labelling.
Copyright Notice
Copyright Notice Effective 01/01/2024
Copyright © www.airsprings.com 2024
All aspects of this web site – design, text, graphics, applications, software,
underlying source code and all other aspects – are copyright www.airsprings.com and its affiliates or
content and technology providers.
In accessing these web pages, you agree that any downloading of content is for
personal, non-commercial reference only. No part of this web site may be
reproduced or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without prior permission of the Website
Owner. For rights clearance please contact us (tots aboard link) here.
TradeMarks
TradeMarks are covered in the Terms and Conditions section.