Conditions Générales de Vente
Nos Conditions de Ventes sont décrites ci-dessous. Nos prix sont basés sur ces Termes. Nous pouvons altérer ces Termes sur demande, à condition que cela soit convenu par écrit et fasse partie de la documentation du Contrat de Vente. La tarification de nos Produits peut varier si il y a des coûts ou risques supplementaires résultant de changements requis par l’Acheteur.
- Dans ces conditions, les termes suivants auront les significations suivantes.
Signifie VeeLite Technologies Limited, ses successeurs et ayants droit.
signifie l’Acheteur de la Marchandise
signifie tout contract pour la vente de Marchandise par le Vendeur à l’Acheteur Customer.
signifie toute marchandise formant le sujet de ce contrat, y compris les pièces et composants, ou matériaux qui en font partie.
signifie le prix comme détaillé sur le bon de commande.
- Devis par la Société seront ouvert pour acceptation pour 30 jours à partir de la date du devis sauf spécification contraire.
EXISTENCE DU CONTRAT
- Aucun Contrat ne sera emis tant que le bon de commande n’a pas été complété et signé par l’Acheteur et a été reçu par la Société.
- Ces conditions doivent être incorporée dans le Contract à l’exclusion de tous termes ou conditions stipulés ou mis en référence par l’Acheteur.
- Sauf dans les cas expressément prévus dans le présent document, aucune modification du présent document ou de promesse verbale, ou d’engagement lié a celui-ci ne sera valide à moins d’être rédigé et signé par ou au nom de la Société.
- Le Prix pour l’objet en question est un prix départ usine et exclut l’emballage, l’assurance et le transport, la TVA et autres taxes ou droits, sauf indication contraire.
- La Société se reserve le droit d’ajuster ses Prix pour cause d’augmentation des coûts de quelque nature que ce soit, pour une raison quelconque après la date du Contrat.
- Les changements de Prix prendront effet à la date de service sur la notice de changement de l’Acheteur.
- Toutes les factures sont payables sans déduction d’aucune sorte, en Euros, Dollars ou Sterling comme indiqué, et en aucun cas l’Acheteur n’a le droit de faire aucune déductions ou de retenir le paiement quelque soit la raison.
- Sauf convention contraire par écrit, le paiement sera payer net mensuellement pour les Comptes de Crédit autorisés (et paiement au comptant pour les Comptes nouveaux ou non autorisés. Des Interêts de 4% par mois seront exigés sur les Comptes en souffrance.
6.1 Aux fins de la Lois de 1893 sur la Vente des Biens, la Sociéténe transfère que les titres ou les droits relatifs à l’objet de la Société et si les biens sont achhtés à un tiers, ne transfére que les droits que cette Société avait alors et avait transféré.
- Notwithstanding the earlier passing of risk, title in the Goods shall remain with the company and shall not pass to the customer until the amount due under the invoice for them ( including interest) has been paid in full.
- Until title passes the customer shall hold the subject matter as bailee for the company and shall store or mark them so that they can at all times be identified as the property of the company.
- The company may at any time before title passes and without any liability to the customer.
—- repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the customer’s right to use, sell or otherwise deal in them; and
—- for that purpose (or determining what if any Goods are held by the customer) and inspecting them, enter any premises of or occupied by the customer.
- Until title passes the entire proceeds of sale of the Goods shall be held in trust for the company and shall be held in a separate designated account and not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the company’s
- The company may maintain an action for the price of any Goods not withstanding that the title in them has not passed to the customer.
RISK, DELIVERY AND PERFORMANCE
7.1 The Goods are delivered to the customer when the company makes them available to the customer or any agent of the customer or any carrier (who shall be the customer’s agent whoever pays the charges) at the companys premises or other delivery point agreed by the company.
7.2 Risk in the Goods passes when they are delivered in accordance with clause 7.1.
7.3 The company may at its discretion deliver the Goods by instalments in any sequence.
7.4 Where the Goods are delivered by instalments, no default or failure by the company in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
7.5 The company may deliver to the customer and the customer shall accept in satisfaction of the Contract a lesser number than the number of Goods ordered.
7.6 Any dates quoted by the company for any delivery of the Goods are anticipated only and shall not form part of the Contract and the customer acknowledges that in the performance expected of the company no regard has been paid to any quoted delivery dates.
7.7 If the customer fails :
— to take delivery of the Goods or any part of them on the due date; and
— to provide any instructions or documents required to enable the Goods to be delivered on the due date, (if the contract provides that the company shall deliver the Goods of the contract to the customer) the company may on giving written notice to the company store or arrange for the storage of the Goods, and on the service of the notice:
— risk in subject matter shall pass to the customer;
— delivery of Goods shall be deemed to have taken place; and
— the customer shall pay to the company all costs and expenses including storage, any redelivery and insurance charges arising from its failure.
7.9 The company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the customer to refuse accept any delivery or performance of or repudiate the Contract.
8.1 The customer shall inspect Goods on delivery and shall advise immediately or as soon as practical if goods are different from goods ordered. In no circumstances should incorrect goods or damaged goods be installed without written approval by the company.
- Any claim that any Goods have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the customer to the company within 5 days of their delivery.
- Any alleged defect shall be notified by the customer to the company within 5 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within 5 days of the defect coming to the customers attention.
- Any claim under this condition must be in writing and must contain full details of the claim including the part of any allegedly defective Goods.
The company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the customer shall, if so requested in writing by the company, promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to the company for examination.
The company shall have no liability with regard to the customer for any claim in respect of which the customer has not complied with claims procedures in these conditions.
Full details of Warranty are shown on a separate page on this website.
SCOPE OF CONTRACT
Under no circumstances shall the company have any liability of whatever kind for:
9.1 defects resulting from wear and tear, accident, improper use, or neglect from any instructions or materials provided by the customer;
9.2 the suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the company;
9.3 substitution by the company of any materials or components not forming part of any specification of the Goods agreed in writing by the company;
9.4 any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and particulars of weights and dimensions submitted by the company contained in the in the companys catalogues, price lists or literature;
9.5 any technical information, recommendations, statements or advice furnished by the company, its servants or agents not given in writing in response to a specific written request from the customer before the Contract is made ; or
9.6 any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
EXTENT OF LIABILITY
10.1 The company shall have no liability to the customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:
—- for death or personal injury resulting from the companys gross negligence; and
—- as expressly stated in these conditions.
10.2 If the customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description the company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the customer credit for their invoice value or repair any damaged Goods..
10.3 If the customer establishes that any Goods are defective the company shall, as its option, replace with similar goods or repair any defective Goods, allow the customer credit for their invoice value or to the extent that the Goods are not of the company’s manufacture, assign to the customer (so far as the company is able to do so) any warranties given by the manufacturer of the Goods to the company.
10.4 The delivery of any repaired or replacement Goods shall be at the company’s Waterford premises or other delivery point specified for the original Goods.
10.5 Where the company is liable in accordance with this condition in respect of only some or part of the goods the Contract shall remain in full force and effect in respect of the other parts of the Goods and no off-set or other claim shall be made by the customer against or in respect of such other or other parts of the Goods.
10.6 No claim against the company shall be entertained for any defect arising from any design or specification provided or made by the customer or if any adjustments, alterations or other work has been done to the Goods by any person except the company.
10.7 The company shall not be liable where any Goods, the Price of which does not include carriage, are lost or damaged in transit and all claim’s by the customer shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by the company at the prices ruling at the date of despatch.
- In no circumstances shall the liability of the company to the customer under this condition exceed the invoice value of the Goods.
11.1 The company may sub-contract the performance of any contract in whole or in part.
11.2 The company shall have a lien on all the customers property in the company’s possession for all amounts due at any time from the customers property and may use, sell or dispose of that property as agent for and at the expense of the customer and apply the proceeds in and towards the payment of such amounts on 28 days’ notice in writing in the customer. On accounting to the customer for any balance remaining after payment of the amounts due to the company and the costs of sale or disposal the company shall be discharged of any liability in respect of the customer’s property.
- The company may at its discretion suspend or terminate the supply of any Goods if the customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or any other document with the company or becomes insolvent, has a receiver (or any equivalent ) appointed of its business or is compulsorily or voluntarily wound up or the company bona fide believes that any of those events may occur, and in case of termination may forfeit any deposit paid.
11.4 Except for any which is expressly agreed to be included in the Goods, all tools, patterns, materials, drawing, specifications and other data provided by the company shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall become the property of the company.
- The customer shall not at any time whether before or after the termination of this document divulge or use any unpublished technical information deriving from the company or any other confidential information in relation to the company’s affairs or business or method of carrying business.
- Orders for Goods which have to be made or purchased especially for the customer will be charged in full unless written notice of cancellation is received not later than 8 weeks before the expected delivery date advised (or in the event of no delivery date having been advised by the Company, then within 1 week of the customer placing the order). For Goods made or purchased especially for the customer, cancellation charges will usually be 100% (or lower at the sole discretion of the company).
9.2 For Products which are in Stock (advised to customer at time of order), there will be a 10% administration charge (or lower at companys sole discretion) for cancellation before despatch.
The company shall not be liable for any failure in the performance any of its obligations under this document caused by factors outside its control.
LAW AND JURISDICTION
- This document shall be governed by Irish law and the customer irrevocably consents to the exclusive jurisdiction of the Irish courts in all matters regarding it except to the extent that the company invokes the jurisdiction of the courts of any other country. Supply is deemed to be in Waterford, Ireland even if customer opts for VeeLite to arrange and pay delivery costs.
16.1 Any notice given under this document shall be in writing and may be served: personally, or by registered or recorded delivery mail, or by fax or email transmission or post, or by any other means which any party specifies by notice to the others.
- A notice shall be deemed to have been served:
—- if it was served in person, at the time of service;
—- if it was served by post, 48 hours after it was posted; and
— if it was served by email or facsimile transmission, at the time of transmission.