Terms and Conditions
1. All orders are accepted and all contracts are made by DPS Rockpak
("the Company") subject to these conditions which shall prevail over any terms and conditions of the Buyer. No variation of these conditions shall be effective unless signed in writing by the Company.
2. Quotation of the Company is not an offer and an order placed by the Buyer shall be deemed to be an offer that will not be binding on the Company until the same has been acknowledged by the Company despatching the goods or by the company's order acknowledgement.
3. The Company reserves the right to alter the contract price by reference to the price ruling at the date of despatch.
4. Terms are net 30 days from date of invoice and subject to any express payment terms to the contrary contained in a formal document between the Company and the Buyer. In the event of non-payment within our contract term, the Company reserves the right to charge interest at the rate of 2% per month from the due date to the date of payment and in the event of the issue of legal proceedings for the recovery of any outstanding amount a collection charge of €100/€200 (€100 for a debt up to €750 and €200 over €750) is payable by the customer and will be added to the debt outstanding on any proceedings. If payment is overdue in whole or in part the company may, without prejudice to it's other rights, decline to make further deliveries and/or cancel orders of the Buyer until payment is received.
5. All delivery dates are estimates only and time is not of the essence of the contract. The Company shall not be liable for any direct or indirect loss or damage arising from or consequential upon delay in delivery.
6. No Claim for short delivery or goods damaged in transit can be entertained unless notification of such shortage or damage is signed for on the Carrier's paperwork and notified within 48 hours of receipt of the goods. If the Carriers paperwork is not signed damaged or short, no entertainment of the claim will be made by the Company.
7. Until the Buyer has made payment in full for:
(a) the goods the subject of this contract (referred to in the clause as "the goods")
(b) and any sums due to the company on any other contract
The property in the goods shall remain in the Company and the Buyer shall hold the goods as bailee for the Company. The Buyer shall so store the goods that they shall at all times be identifiable as goods of the Company but the Buyer may be in the ordinary course of business sell or otherwise dispose of or deal with the goods.
If the Buyer shall received or be entitled to receive any moneys in respect of the goods such moneys shall to the extent that the Buyer has not paid for the goods be held by the Buyer in a fiduciary capacity on the behalf of the Company and shall be kept in a separate account without prejudice to the Company's right to trace the same if the Buyer fails to keep such proceeds separate as foresaid.
The Company by written notice terminate the Buyers power of sale if payment for the goods is overdue in whole or in part. At any time after such termination the Company or it's agents may enter the Buyers premises and take possession of the goods in which the property remains in the Company and remove and dispose of them as the Company thinks fit. The proceeds of disposal (after deduction of all expenses) shall be applied in or towards discharge if the amount is unpaid by the Buyer.
8. The risk in the goods shall pass to the Buyer on delivery to the Buyer or the person to whom the Company has been authorised by the Buyer to deliver the goods and the Company shall not be liable for any loss or damage to the goods thereafter.
9. In the event of any claim on any ground being made by the Buyer against the Company in respect of the goods or any other matter arising from or in relation to the contact the liability of the Company shall be limited (in respect of each claim) to the invoice value of the goods and under no circumstances shall the Company be liable to the Buyer whether for loss or profit or for any other direct or consequential loss howsoever arising.
10. If the Buyer makes default or commits any breach of it's obligations to the Company, or enters into any composition or arrangement with creditors or has a receiving order made, or being a Company, a meeting is convened or resolution passed or petition is presented (otherwise than for reconstruction or amalgamation) to wind up the Buyer or a Receiver is appointed then the Company shall be entitled without prejudice to any other rights it may have to suspend further performance of any contracts then subsisting for such period as it thinks fit or treat any such contracts as wrongfully repudiated by the Buyer and forthwith terminate such contracts.
11. Goods ordered incorrectly by the Buyer may be returned at the Buyer's cost or alternatively we can arrange a collection. An uplift fee will be charged by the Company according to the carrier's rate applicable at the time of collection. Returned goods will be subject to a 15% handling and re-stocking charge. The product must be in a fully re-sellable condition and packaged as originally despatched. The Company reserves the right to refuse to re-stock or refund money for products purchased in error which are not in a re-sellable condition