John Riddel & Son

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Terms Of Use

Basis of Contract

These conditions apply to each order and constitute the Contract to the exclusion of any other terms that Customer seeks to impose or incorporate whether set out on an order form, purchase order, receipt of order form or otherwise or which are implied by trade, custom practice or course of dealing. The Order constitutes an offer by Customer to purchase the Goods in accordance with these conditions. Customer is responsible for ensuring that the terms of the Order are complete and accurate.

The order shall only be deemed to be accepted on the earlier of seller issuing a written acceptance of the order and seller doing any act consistent with fulfilling the order at which point the contract shall come into existence.

The contract constitutes the entire agreement between the parties. Customer acknowledges that it has not relied on any statement promise or representation made or given by or on behalf of seller which is not set out in the Contract.

Rules For Online Conduct

By using the service, you agree that you will not attempt to undermine the integrity of this web site.

Risk

Risk shall pass to customer on completion of delivery. For the avoidance of doubt this means either when the goods are unloaded at customer�s specified delivery address or customer or their agent removes the goods from seller�s warehouses as applicable. Customer must inspect the goods on delivery. Seller must be advised by fax, email or in writing of damages or short deliveries within 3 days.

Payment Terms

No goods will be supplied on credit terms unless a credit account has been opened. Payment is due by the end of the month following the date of invoice or earlier if agreed. Customer shall pay the invoice in full and in cleared funds. If customer fails to make payment on the due date seller reserves the right to suspend any future deliveries, charge the customer interest under the late payment of commercial debts (interest) act 1998 from the date due until paid at a rate of 4% above the Danske Bank lending rate, claim a fixed sum compensation from customer to cover credit control overhead costs and recover the cost of any legal action taken against customer. Customer does not have the right to set-off any money due to them from any payment due to seller. Seller reserves the right to alter customer�s credit terms or limits at any time.

Reservation of Title

Notwithstanding delivery and the passing of risk property in and title to the goods shall remain with Seller until Seller has received payment of the full price of all goods and services supplies under the contract and all other goods and services supplied by seller under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between seller and customer. Until title to the goods has passed, customer shall insure items and store them in a good condition, not, in the event that it becomes insolvent, use or sell the goods, inform Seller immediately if it becomes insolvent. If customer�s right to use or sell those goods ends, customer must allow seller access to remove the goods from their premises or those of a third party holding the goods. This shall not limit any other right or remedy seller may have.

Warranties

Seller warrants that the goods on delivery shall correspond with their description be of satisfactory quality (in terms of the Sale of Goods Act 1979), and be free from material defects. Seller also warrants that it will pass title to Customer on payment for the goods. Seller gives no other warranty and makes no representation as to the quality of the goods or their fitness for any purpose. Seller cannot guarantee that the appearance and/or colours of products shown on its website exactly reproduce the appearance and /or colours of the physical products themselves. Seller shall not be liable for any defects in the Goods caused or attributable to any failure by customer to use the goods for the purpose for which they were intended or where the goods have been stored in inappropriate conditions.

Cancellation of Order

Customer may not cancel any order without the consent of Seller, which if given shall be deemed to be on the express condition that customer shall indemnify Seller against all loss, damage claims or actions arising as a result of this cancellation.

Waiver and Variation

Any purported waiver or variation of these items is binding only if made in writing, signed by both parties, and expressly stating an intention to waive or vary these terms.

Force Majeure

Seller shall not be liable for any failure or in performing its obligations under the Contract to the extent that it has been caused by a force majeure event. Seller may suspend or cancel any of Seller�s obligations to Customer without liability. A force Majeure event means circumstances or events beyond seller�s reasonable control and which by their nature could not have been foreseen or if foreseen was unavoidable. A force majeure event includes but is not limited to act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

Limitation of Liability

Seller shall under no circumstances be liable to customer whether in contract, delict, tort (including negligence) breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss arising under and in connection with the Contract. Seller�s total liability to customer in respect of all other losses arising under or in connection with the Contract as previously described shall in no circumstances exceed the price of the goods. Nothing in these conditions shall limit or exclude Seller�s liability for any matter in respect of which it would be unlawful for seller to exclude or restrict liability. Customer is to indemnify seller and hold seller harmless from all expenses and liabilities it may incur (directly or indirectly including financing costs and legal costs on a full indemnity basis) following any breach by customer of any of its obligations.

General

Assignation and subcontracting: seller may at any time assign, transfer charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract. Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without seller�s prior written consent.

Third party rights: a person who is not a party to the contract shall have no rights under it or in connection with.

Termination: Termination of the contract, however arising, shall not affect any of the parties� rights that have accrued as at termination. Causes which expressly or by implication survive termination of the contract shall continue in full force and effect.

Governing law and jurisdiction: the contract any and dispute arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Northern Irish law and the parties irrevocably submit to the exclusive jurisdiction for the courts of Northern Ireland.

Interpretation

In these conditions, the following definitions apply

Conditions: the terms and conditions set out in this document

Contract: the contract between Seller and Customer for the sale and purchase of the goods in accordance with these conditions.

Customer: The person or business who purchases the goods from seller.

Force Majeure Event: has the meaning given in clause 11

Goods: the goods (or any part of them) set out in the order.

Order: The customer�s order for the Goods, as set out in the customer�s purchase order form or the customer�s written acceptance of seller�s quotation.

Seller: John Riddel & Son Limited a company registered in Northern Ireland with registered number R0437.

In these conditions the following rules of construction apply

a) A person includes a natural person, corporate or incorporated body (whether or not having separate legal personality)

b) A reference to a party includes its personal representatives successors or permitted assignees.

c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted , and

d) A reference to writing or written includes faxes or emails.

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