CONDITIONS OF SALE
The following Standard Conditions of Sale shall govern this transaction except as otherwise specifically stated in writing, and are made between J.J. O’Toole ‘Limited (“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 bedeemed 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 10 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 seven 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 21 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 3 days of delivery.
10. 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 2I 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 JJ O’Toole Ltd’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 of work shall be accepted when lendered and thereupon, or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
Unless otherwise specified, the price quoted is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days JJ O’Toole Ltd shall then be entitled to payment for work already carried out materials specially ordered and other additional costs including storage.
Failure to deliver within the time stated, on the part of the seller shall not entitle the buyers to any claim upon the sellers by reason of such a failure. Delivery times are approximate and commence from confirmation of all order details.
Please note that late payment may cause a delay in the delivery of your order.
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 within 14 days of the invoice date and are signed for as damaged on the delivery note.
Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to JJ O’Toole Ltd by or on behalf of the customer shall while it is in the possession of JJ O’Toole Ltd or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly.
JJ O’Toole Ltd shall be entitled to make a reasonable charge for the storage of any customer’s property left with JJ O’Toole Ltd before receipt of the order or after notification to the customer of completion of the work.
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.
Orders placed by 2pm will be dispatched for next day delivery*. *NEXT DAY delivery does not apply in the event of service interruptions or failures caused by events beyond JJ O’Toole Ltd’s control.
You can return your purchase to us in its original condition within 14 days of the date you received the item, we will issue a full refund for the price you paid for the bags but not for the delivery.
You can cancel or amend any stock bag order placed with us, provided that the order has not yet entered the dispatch process. Simply call us on 061 229333 .
Other Terms & Conditions
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
11. Import Regulations
J J O’Toole 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.
In accordance with The European Directive on Distance Selling (Directive 97/7/EC) unwanted or unsuitable products may be returned to JJ O’Toole Ltd Raheen Business Park, Raheen Limerick 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 Effective March 2010
Copyright © www.jjotoole.ie 2010
All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright www.jjotoole.ie.ie 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 are covered in the Terms and Conditions section.