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    Pat McDonnell Paints

    For store locations please click here

    Tel: 021 432 0200
    Fax: 021 432 0194

    info@mcdonnellpaints.ie
    http://www.mcdonnellpaints.ie

     
      Home > Terms And Conditions of Sales
    Terms And Conditions of Sales

    General conditions of sale, Delivery and Service

    1. Quotations and Orders
      1. The seller's quotation for goods or services is valid for 30 days from the date when the buyer receives the quotation, unless otherwise agreed in writing.The quotation is invalid if the buyer does not accept the quotation unconditionally by placing a written order within 30 days.
      2. The seller is only bound by an order if he accepts it in writing or delivers the products ordered to the buyer
      3. Unless confirmation of telephone orders is clearly marked on the official orders, the company will accept no responsibility for duplication of despatch.   
    2. Prices
      1. Prices herein are recommended prices for the quantity mentioned and changes in quantity may affect price.
      2. The company reserve the right to vary prices without notice and to charge the buyer the price ruling at the date of despatch.
      3. Prices exclude taxes and duties as well as delivery costs that the buyer must pay. All prices include the seller's standard packaging, but not pallets or crating for export goods.  
    3. Delivery
      1. Every endeavour will be made to maintain delivery dates but no responsibility for later delivery due to circumstances beyond our control will be accepted. In no case shall delay be a ground for rejecting goods terminating the contract. Items quoted ex-stock are subject to prior sale.
      2. A nominal charge will be made on all orders. Special delivery arrangements at the request of the buyer will entail additional carriage charges.
      3. The products are considered to be delivered when they are physically handed over to the buyer, the buyer's agent or a person that the buyer has authorised to take delivery.
      4. If the seller does not fully meet a specified date of delivery, the buyer is entitled to cancel the unfulfilled portion of his order without liability by written notice to the seller before delivery. The buyer accepts the cancellation as his only remedy expressly waiving his rights to all other remedies.The seller is not obliged to obtain substitutes for the delayed or unavailable products from other suppliers.
      5. The seller is released from his obligation to deliver the products on the original delivery date, and is allowed to extend the date of delivery if events beyond the reasonable control of the seller (force majeure) prevent him from performed the contract. The seller may cancel the contract if the events prevent performance within a reasonable period after the original date of delivery.
      6. The seller may withhold, reduce or suspend delivery of the products to reasonably allocate his supply capacity between the buyer and his other customers if events beyond his reasonable control prevent him from delivering all the products and fully comply with orders from his other customers. In this case, the buyer is entitled to cancel the undelivered order(s). 
    4. Claims
      1. The buyer must thoroughly inspect products sent at the seller's risk. The buyer is to notify the seller immediately of loss, damage or shortage of products. Unless claims for shortages or damage are notified in writing to the carrier and the company within three days of receipt no liabIlity will be accepted by the company.
      2. In the event of non-delivery, the carrier and the company must be advised in writing within ten days from receipt of the company's invoice. 
    5. Passing of risk and title and returns
      1. The seller's liability for the products passes from the seller to the buyer on the earlier of the following two dates: 1) the date when the products are delivered to the buyer; the buyer's agent; or a person that the buyer has authorised to accept delivery, or 2) the agreed date of delivery, if the buyer fails to take delivery as required under the contract.
      2. The seller remains the owner of the products until he receives full payment for all the products whether or not the products are delivered to the buyer. If the buyer sells the products to a third party before the seller receives full payment the proceeds of the sale shall first apply to pay all amounts due to the seller.The seller or his representative is entitled to recover or resell the products and to enter the buyer's premises for that purpose without this affecting his other rights, if the buyer has not paid the full purchase price or if insolvency proceedings are commenced against the buyer.
      3. All sales are final. This means that the buyer is not entitled to credit for returned products whether or not the buyer has made a complaint or a claim. If the parties expressly agree that the seller will credit the buyer for returned products, the buyer is obliged to return the products promptly, carriage-paid and in the seller's opinion in good condition. 
    6. Payment
      1. All goods purchased online are to be paid for before dispatch.
      2. The company shall have the right to suspend delivery and also at its discretion to terminate the contract in respect of any undelivered goods if the customer fails to comply with the terms as in clause 6.b.  
    7. Cancellation and Return
      1. No cancellation of an order will be effective unless it is in writing and accepted by the company. Upon the agreed cancellation of any order the buyer may be liable to a cancellation charge. Amendments may also he subject to a similar liability. On no account will cancellation be accepted for items specially purchased on the customer's behalf.
      2. You have a statutory right to a 7 day cooling-off period when purchasing online. You have a right to cancel the contract within a minimum of 7 working days without giving any reason and without penalty, except the cost of returning the goods. If a product is defective in any way, please return it with a covering letter and we will either deliver a new one to you or refund you the cost of the product.
    8. Limited Liability
      1. Any liability which we may incur to you in contract or tort (including liability in negligence) arising out of or as a result of:
        (i) any failure to supply or deliver goods;
        (ii) any delay in delivery or goods;
        (iii) any defect in any goods or service;
        shall be limited to the purchase price of the goods in question. However your statutory rights arc not affected.
    9. Liability to third parties
      1. You shall indemnify us in respect of any liability and all losses, cost, charges and expenses which we may suffer or incur by reason of any claim
        (including for liability in negligence) made by third parties in respect of or arising out of state, condition or use of goods (including,without
        limitations, goods resold to third parties whether or not dispatched directly to third parties at your request) or in any way relating to the goods 
    10. Tinted colours
      1. Colours tinted from base material shall not be accepted or returned for credit once initial orders are fulfiled by the company to the buyer. 
    11. Force majeure
      1. These conditions of sale shall be construed in accordance with the laws of Ireland and any question, dispute or difference shall arise between the parties in respect of their interpretation, the same shall be referred by agreement to a single arbitrator otherwise it it shall be referred to arbitration under the provisions also being applicable to the case of reference to a single arbitrator.
      2. We shall incur no liability for failure to perform out obligation hereunder due to the existence of circumstances which we have not caused and which are beyond our control.
     
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