Terms & Conditions
1. In these Conditions (unless the context otherwise requires) the following words and phrases shall have that following meanings:
"Buyer" means a person to whom the Company supplies Goods or agrees to supply Goods;
"Company" means Dirra Cross Motors Asdee Listowel County Kerry
"Conditions· means these conditions of sale and any additional terms agreed in writing between the Buyer and the Company
"Contract" means a contract for the sale of Goods made by or on behalf of the Company with the Buyer;
"Goods" means every, or where the context so requires: any item of whatsoever nature which the Buyer buys or has agreed to buy from the Company;
"Price means the price agreed between the Company and the Buyer for the Goods.
2. The Company makes or gives no representations or undertakings (express or implied) as to the condition, description, quality or performance of the Goods or as to their fitness for any purpose or any particular purpose. All such representations and undertakings are specifically excluded.
3. No person other than an employee of the Company has express or implied authority to act as agent or the Company. The Company shall not be held liable for any statement or representation made by any person through whom the sale may have been introduced, negotiated or conducted.
4. All conditions, warranties and representations, express or implied by statute, common law or otherwise in relation to the supply, non-supply or delay in supplying the Goods are excluded to the extent permitted by law.
5. Subjects to condition 6, other than liability for death or personal injury arising from the negligence of the Company, the Company shall not be liable for any loss, whether direct or indirect, arising out of or in connection with the Goods, the supply, non-supply or delay in supplying the Goods. Such loss shall include, without limitation, loss at actual or anticipated profits. Loss of business opportunity, loss of anticipated savings, loss of goodwill, loss or damage incurred by the Buyer as a result of third party claims, injury to reputation or other damage and any indirect, special or consequential loss or damage howsoever caused even if the Company was advised of the possibility of them in advance.
6. Without prejudice to condition 5, the entire liability of the Company for any one claim or for a total of all claims arising from any one act or omission on the Company's part In connection with the Goods, the supply, non-supply or delay in supplying the Goods, or otherwise in connection with these Conditions, whether in contract, tort (including negligence or breach or statutory duty) or otherwise, is limited to the Price of the Goods the subject matter of the claim.
7. Nothing in these Conditions shall operate to exclude or restrict the Company's liability for:
1. Breach of the obligations arising from section 12 of the Sale of Goods Act 1980; or
2. Fraud or deceit
8. The Buyer hereby indemnities the Company against all claims which may be made against the Company, whether arising from the negligence of the Company or otherwise, for damages in consequence or arising out of any defect in the Goods. If the Goods comprise a motor vehicle or trailer, the Buyer agrees that he will not use the goods on the road in Ireland or sell or supply or otter to sell or supply the Goods for use on the road in Ireland in a condition that such would be unlawful.
9. Where the Goods have previously been supplied by the Company, under the terms of a leasing agreement, to a person ("Lessee") It is a condition of the sale of the Goods 10 the Buyer that:
1 The Buyer expressly undertakes that it is not nor will it sell or procure the sale of or otherwise dispose of the Goods to any person who is a Lessee:
2 Notwithstanding condition 5 (a) above, such Goods may be sold or disposed of to a person within any al the categories 5(a)(ii) above provided that such person:-
1 Is a trader in Goods or the same kind as such Goods:
2 Purchases such Goods in the course of the said trade: and
3 Throughout the period during which the Goods belong to him he will not permit a Lessee or any other person within any or the categories mentioned in condition 9 (a) (ii) above to use such Goods.
10. Where the Goods comprise plant and / or work equipment (including any machinery, apparatus or tool, the Buyer undertakes:
To take sufficient steps (including such testing and examination as may be necessary) to ensure that the Goods are safe and without risks to health when properly used: and
To take such steps as are necessary to secure that there will be available in connection with the use of the Goods at work Adequate information about the use for which they are designed and have been tested and about any conditions necessary to ensure that when so used they will be sale and without risks to health: and
Not to use the Goods without regard to any relevant information, instructions or advice relating to their use made available by the designer, manufacturer. Importer or supplier
11. If required by the Company, the Buyer shall upon demand give an undertaking in such form as the Company to comply with any undertaking required of it by any Department of State or other authority.
12. Delivery of the Goods shall be at such premises, which the Goods are located at the time at which the Contract is made unless otherwise notified in writing by the Company. The Buyer shall remove and transport the Goods at the Buyer's own expense within 14 days of the date on which the Contract was entered into and the Buyer shall indemnify the Company In respect of any damage caused lo third parties or any property belonging to third parties occasioned thereby.
13. The Buyer shall pay the price by cash or cheque in Euro to the Company within 14 days from the date on which the Contract was entered into between the Company and the Buyer and the following payment terms shall apply:
1 Time of payment is of the essence of a Contract:
2 The Buyer is not allowed to withhold payment of any amount due to the Company by way of any set-off or counter-claim: and
3 If the Buyer fails to pay any amount due to the Company on the due date set out in this condition 13, interest shall be added lo such amount at the rate of 2%over the base rate for the time being of the Euro BOR Rate for the period from and including the due date to and Including the date of receipt (whether before or after Judgement)
14. The Company shall (if applicable) add to the Price and the Buyer shall pay an amount equal to any value added tax or other sales tax or duty applicable from time to time to sale or supplies of such goods.
15. lf the Buyer refuses or fails to take delivery of the Goods in accordance with condition 12 or If the Buyer fails to pay the Price within the period set out in condition 13 and continues in such failure for more than 7 days thereafter, the Company shall be entitled to terminate the Contract with immediate effect, dispose of the Goods as the Company may determine and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the due date or delivery)
16. Risk in the Goods shall pass to the Buyer on delivery of the Goods. Title to the Goods shall pass to the buyer:
1 Upon payment to the Company of the Price and all other amounts owed by the Buyer to the Company In respect of any other goods or agreement; and
2 Where payment is made by cheque, title shall not pass to the Buyer until the cheque has been honoured.
17. At any time before title to the Goods passes to the Buyer (whether or not any payment to the Company is then overdue or the Buyer Is otherwise In breach of any obligation to the Company), the Company may (without prejudice to any of its other rights):
1 Retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so) which the Buyer hereby authorises;
2 Require delivery up to it of all or any part of the Goods:
18. The Company may at any time appropriate sums received from the Buyer as it thinks fit, notwithstanding any purported appropriation by the Buyer.
19. From the time of delivery until title in the Goods passes to the Buyer in accordance with condition 16, the Buyer shall insure the Goods for their full value with a reputable Insurer and, If the Company so requests, ensure that the Company's name is noted on the insurance policy. Until title In Goods passes to the Buyer the Buyer shall hold the proceeds or any claim on such Insurance policy on trust tor the Company and shall immediately account to the Company with the proceeds.
20. If the Company is prevented, hindered or delayed from or in supplying the Goods under these Conditions by an event beyond it’s reasonable control ("Force Majeure Event"), the Company may, at its sole discretion, and without being liable for any loss or damage suffered by the Buyer as a result,
1 Suspend deliveries while the Force Majeure Event continues: or
2 Terminate any Contract forthwith by giving notice to that effect to the Buyer.
21. These Conditions shall govern and be Incorporated into every Contract and shalt prevail over any terms or conditions (whether or not Inconsistent with these Conditions) contained or referred to in any correspondence or documentation submitted by the Buyer or elsewhere or Implied by custom, practice or course of dealing.
22. The Buyer's acceptance of delivery of the Goods shall constitute unqualified acceptance of these conditions.
23. The Buyer may not assign or deal in any way with all or any part of the benefit of, or its rights or benefits under a Contract without the prior consent of the Company.
24. The Company is at any time entitled to assign or deal with any benefit of any Contract or subcontract any work relating to any Contract.
25. A notice given by one party to the other in connection with a Contract must be in writing and may be delivered personally or by pre-paid first class post and in the case of post will be deemed to have been given 2 days after the date of posting. Notices shall be delivered or sent to the last known address or the parties or to any other address notified in writing by one party to the other for the purpose of receiving notices in connection with a Contract. Each party may specify by notice to the other a particular individual or office holder to whom any notices served on it are to be addressed, in which case a notice shall not be given unless so addressed.
26. If any of these Conditions is found by any court or administrative body of competent Jurisdiction to be invalid or unenforceable, such Invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect
27. If any of these conditions is so found to be invalid or unenforceable but would cease to be Invalid or unenforceable If some part of the provision wore deleted, the provision In question shall apply with such modification as may be necessary to make it valid and enforceable.
28. A person who is not a party to the Contract shall have no rights to enforce any term of such Contract.
29. The rights and remedies provided by any Contract may be waived only in writing and specifically and any failure to exercise or any delay in exercising a right or remedy by The Company shall not constitute a waiver of that right or remedy or any other rights or remedies. A waiver of any other breach or default and shall not affect the other terms of such Contract.
30. No variation or alternation of any of the provisions of a Contract or these Conditions shall be effective unless it is writing and signed by or on behalf of each party.
31. The Contract of Sale of the Goods shall be construed in accordance with the prevailing Irish Law and each party irrevocably agrees that all disputes arising under It shall be determined by the exclusive Jurisdiction of the Irish Courts.
32. NO RETURN ON ELECTRICAL ITEMS
In relation to the purchase of any electrical items that Is anything that works off the 12-volt system! Here will be a no returns policy In respect of the same. It is a matter for the purchaser to entirely satisfy themselves that all electrical items are in working order before they purchase the same because once purchase is completed, the purchaser is accepting that the same cannot be returned and that the item has been fully checked by them and is in proper working order.
Customers must state if ancillaries are required. If request has been made, stating complete engine wanted, this means head, block and sump, it does not mean with ancillaries as these may be sold separately, any ancillaries left on the engine e.g. water pump, sensors, manifolds, engine mounts, hoses, belts, covers, injectors, glow plugs etc. are given free of charge and are not covered by this guarantee. All engines purchased must be fitted with a new timing belt/cam belt/chain/water pump and filled with new oil upon installation. Failure to follow this procedure will result in the guarantee/warranty being rendered null and void.
34. ECU Kits
ECU Kits are sold as complete kits and there are no returns
Customers must state if ancillary parts are required. The sale of a door does not include glass but may come with glass or other ancillary parts. The glass and ancillary parts are given free of charge but are not covered by any guarantee/warranty. In the event of the glass breaking during shipping, the glass is never covered as part of the couriers insurance.
Customers must state if ancillary parts are required. The sale of a bumper does not include grills or any other ancillary parts but may come with them attached. The ancillary parts are given free of charge but are not covered by any guarantee/warranty.
37. BUYER BEWARE
The rules or Caveat Emptor apply to any purchase completed on the Company herein.
38. SECOND HAND PARTS In the event that parts are ordered that are second hand parts and the purchase of the same requires labour in relation to the obtaining/removal of the same from a vehicle then a deposit fee of 50% shall be retained for the labour and removing or the parts from the vehicle involved and the balance monies will be payable when the Item is being collected by the purchaser herein.
39. There is a non-refundable deposit or 50% of the purchase price of the item requested.
40. In the event that the item is not collected within six months of the order the deposit shall be forfeited and the parts moved and the agreement shall be at an end.
All postage/shipping charges are non-refundable in the event of an item being returned.
42. Deliveries by courier
Please check the part(s) purchased when delivered by the courier. If any parts purchased are not to standard please do not sign for it.
43. There is to be no smoking on site.
44. Anybody entering on to the site must comply with the rules and regulations as indicated at the entrance to the site. They must report to the site officer on the first visit I Instance and they must also wear a high visibility Jacket at all times on the site. All parties enter at their own risk entirely and they must comply with the requests of all employees and the owner Immediately In relation to their entrance and conduct on the site.