The following terms and conditions will apply to all contracts for the sale of Goods by Big Bear Sound Ltd. (“the Company”) to its customers to the exclusion of any and all other terms and conditions, which the Customer might purport to include, whether by verbal or written instruction or by addition to any purchase order, confirmation or similar document, unless such additional terms and conditions have been specifically accepted in writing by the Company in advance.
“Customer” means the person or Company who has agreed to purchase Goods from Big Bear Sound Ltd.
“Company” means Big Bear Sound Limited having its registered office at Newmarket Hall, Newmarket Square, Dublin 8
“Price” means the Euro Price stipulated in a valid quotation provided by the Company to the Customer, or, if no quotation was provided, the price stipulated in the Company’s published price list current at the date of completion of delivery of the Goods, in each case together with vat at the rate payable at the date of the invoice and any packing, carriage and insurance costs necessarily incurred at the Customer’s request.
“Goods” means the equipment, products, articles, and / or services which the Customer has agreed to buy from the Company
All orders for the Goods shall be deemed to be an offer by the Customer to purchase the Goods and written confirmation of the order issued by the Company shall constitute acceptance. The Customer shall be invoiced on or following the delivery of the Goods and unless otherwise agreed in advance by the Company the sum due shall be payable on presentation of the invoice by the Company.
Where credit terms are agreed by the Company payment for the Goods shall be made within 30 days of the invoice date and in the event of a delay in payment after that date the Customer shall pay interest on the unpaid amount at a rate of three month EURIBOR plus 5% calculated on a weekly compounded basis. Where payment is not made within the terms of credit offered the interest shall be payable from the date of the invoice.
The Customer agrees that title in the Goods supplied by the Company shall remain with the Company until such time as payment in full has been received and acknowledged by the Company notwithstanding the earlier delivery of the Goods to the Customer. The Customer agrees that where payment for the Goods has not been made within 30 days of the delivery date, the Company shall be entitled at any time thereafter to require the immediate return of the Goods and if this requirement is not immediately complied with the Company, its servants or agents shall be entitled at any time thereafter without further notice to retake possession of the whole or any part of the Goods (and for that purpose shall be entitled to enter upon any premises occupied by the Customer where the Goods are retained and to disconnect or sever the Goods from anything to which they are attached without liability for any damage thereby incurred) These rights are without prejudice to any other remedy that may be available to the Company.
Where title to the Goods has not yet vested in the Customer, and such Goods are stored on the property of the Customer, the Customer warrants that adequate insurance cover is in place to fully protect the interest of the Company in the Goods.
In the event of non-availability of Goods ordered by the Customer and agreed to be delivered by the Company, the Company reserves the right to provide Goods of a similar quality, price and specification in satisfaction of the order, without prior notification to the Customer.
The Company shall arrange for the delivery of the Goods to the Customer’s address or any other address nominated by the Customer. The cost of carriage and any insurance which the Company shall incur will be reimbursed by the Company without any set-off or other withholding and shall be due on the date of payment of the price. The carrier shall be deemed to be the agent of the Customer.
No warranty or condition implied by the Sale of Goods and Supply of Services Acts 1893 – 1980 shall apply to this contract. This shall not affect the statutory rights of any customer dealing as a consumer.
The Company shall not be liable for any loss or damage howsoever arising as a result of the Company’s failure to deliver the Goods promptly or at all. Notwithstanding that the Company may have failed to deliver the Goods promptly, the Customer shall be bound to accept delivery of the Goods provided that delivery shall be available to the Customer at any time within 28 days of the delivery date
The Customer shall inspect the Goods on delivery and shall within three days of delivery notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with specification. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time. If the Customer fails to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage and the Customer shall be deemed to have accepted the Goods.
The Company’s liability to the Customer (in the event that same shall arise) whether for any breach of contract or otherwise shall not in any event exceed the price paid by the Customer and the Company shall be under no liability for any direct loss and/or expense, indirect loss or expense or liability to third parties incurred by the Customer.
Where the Company is provided with computer equipment for repair or upgrade or any other purpose, the Company shall have no liability to the Customer for any loss of data contained on such equipment. Where software is provided by the Company to the Customer, it can make no warranty regarding the manner in which such software will interact with other software and hardware on the Customer’s computer, and such software may not be returned or exchanged once installed by the Company. The Customer accepts all risk in this regard. Customers are advised to have backed up all data prior to submitting any computer equipment for repair or upgrade.
Items submitted for repair or upgrade must be collected by the Customer within 30 days of being notified by the Company that they are ready for collection. After this period the Company’s liability as bailee of the items in question shall cease and the Company shall have the right to dispose of the items in question as it deems appropriate.