Finsa Forest Products Limited
Terms and conditions
“seller” Finsa Forest Products Limited.
A. These terms and conditions shall, subject to any alternative terms and conditions specifically agreed to in writing by the parties to the contract, form part of and govern all contracts entered into between the buyer and the seller. Any other terms and conditions contained in any purchase order or other document, whether of the buyer or otherwise, shall be void and of no effect. No modification or variation of these terms and conditions shall be binding on the seller unless agreed to in writing by the seller and signed by a duly authorised officer of the seller.
B. Notwithstanding the foregoing, the seller may from time to time alter these terms and conditions in such manner as it shall determine. Such alternation shall not, however, affect any contract entered into prior to the date of such alteration.
C. If at any time any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect, that shall not effect the legality or enforceablility of any other provision of these terms and conditions.
D. The contract and these terms and conditions and the benefit thereof may not be assigned by the buyer without the written consent of the seller. The seller may assign the contract and these terms and conditions to any of it’s affiliated or associated companies without the buyer’s prior written consent.
Information relating to the size, density or quantity of goods contained in any quotation or price list issued by the seller, and expressly referred to by the buyer in an order, is intended as an approximate, non-binding indication only.
A. Orders placed by the buyer by telephone must be confirmed in writing by the buyer within 24 hours and the seller shall not be bound to supply goods on foot of such an order until it has accepted such an offer, either expressly or impliedly by delivering the goods the subject of such order to the buyer.
B. Where the buyer requests that goods be delivered in instalments, each instalment shall be deemed to constitute a separate contract, provided that in the event of non or late payment by the buyer in relation to any one such contract the seller may terminate that contract, and in such circumstances any other subsequent contracts relating to such instalment shall be deemed to have been cancelled by the buyer.
C. The seller shall not be bound by any clerical or mathematical errors in documents issued by it.
In addition to the price payable for the goods, the buyer shall indemnify the seller against all loss, damage, expenses claims or costs incurred by the seller as a result of:
(a) alteration by the buyer of the specification of the goods or of the terms of any contract; or
Any delivery date(s) specified by the seller are approximate only and whilst every effort will be made by the seller to deliver goods on the specified date(s), failure to do so shall not be deemed a breach of the contract and the seller accepts no liability whatsoever for any expenses or loss (consequential or otherwise) arising from any delay in delivery.
The seller reserves the right to refuse to deliver goods or enter into a contract with the buyer, if the seller is not satisfied with the buyer’s arrangements for payment and/or the buyer’s credit.
The seller retains absolute discretion with regard to the packaging of goods.
D. Subject to the buyer fulfilling the notification requirements in paragraph c above, the seller shall replace any goods that were damaged while they were at the seller’s risk or deliver any goods not delivered or, at the seller’s option (assuming payment for same has already been received by the seller), credit the buyer with the price of goods so damaged or not delivered.
A. The seller will not, except as provided in this clause 10, be liable for any loss or damage arising from non-delivery or delay in delivery for whatever reason and whether in respect of the whole or part of the goods and the buyer will not be entitled to terminate or cancel the contract because of any such delay in delivery or non-delivery.
B. If any of the goods are defective in manufacture or are contained in defective containers, the seller’s liability howsoever arising in respect of any such defects shall be limited to the replacement of the defective goods or crediting the seller with the price of the defective goods as the buyer shall decide. The goods are otherwise sold without any guarantees or representations and all warranties or conditions statutory or otherwise express or implied to the contrary are expressly excluded to the greatest extent permitted by law. The exemptions from the provisions of sections 13, 14 and 15 of the sale of goods act 1893 ("the 1893 act") (as inserted by section 10 of the sale of goods and supply of services act 1980 ("the 1980 act")) contained in this clause b shall, in all cases other than a contract for the international sale of goods (as defined in the 1980 act), be subject to the restrictions on such exemptions contained in section 55(4) of the 1893 act (as inserted by section 22 of the 1980 act). Furthermore, nothing in this clause 10b shall serve to exclude the seller’s implied undertakings as to title under section 11 of the 1893 act (as inserted by section 10 of the 1980 act).
C. Except as provided in this clause 10 the seller will not be liable for any loss or damage of whatever nature and however caused. This clause 10 (and any other clause of these terms and conditions) will not, however, apply to exclude or restrict the seller’s liability for death or personal injury resulting from the seller’s negligence or the negligence of the seller’s employees or agents.
D. The seller shall not be liable for non-delivery, damage or delay caused by a strike or any industrial action, trade dispute, government action, act of god or other force majeure or any circumstances outside the seller’s control, including shortages in stocks of timber or other materials. The seller shall not in any event be liable for any indirect or consequential loss or loss of profit or damage arising thereunder.
A. Prices for the goods, and where applicable, discounts and vat, are those that apply at the date of delivery of the goods. The seller reserves the right to revise its prices at any time prior to delivery.
B. Unless otherwise expressly stated in the contract all prices are exclusive of v.a.t.
C. All discounts, rebates, allowances or credits, if any, offered by the seller in relation to any order will be allowed only if payment is effected in accordance with the terms of payment set out herein and by the due date. The seller reserves the right to withhold discounts, rebates, allowances and / or credits. If the buyer does not discharge the account in accordance with the terms of payment and by the due date, the seller may, at it’s discretion, withdraw such credit facilities as may previously have been agreed, cancel any future deliveries or make such deliveries on a strict payment in advance of delivery basis.
A. The buyer agrees not to take any action or do anything calculated or likely to harm the seller’s reputation or the reputation of the goods.
Then, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the buyer, and if any goods have been delivered but not paid for all sums due shall become immediately due and payable.
Without prejudice to any other rights, the seller may by written notice stop supplies and/or terminate all contracts with the buyer in the event of a material breach by the buyer of a contract with the seller.
The provisions of clauses 11, 13, and 14 of these terms and conditions shall survive any termination or expiration of a contract.
These terms and conditions and any contract of which these terms and conditions form part shall be governed by irish law. The courts of ireland are to have exclusive jurisdiction to settle any dispute in connection with these terms and conditions or any contract of which these terms and conditions form part.