Legal notice

DEFINITIONS

Buyer" means either
(a) in the case of a corporate customer, the company who agrees to buy the goods from the Seller and whose company name and address has been provided to the Seller either verbally or in writing at the foot of these Conditions of sale or by input entry as the Buyer on our website template requesting buyer details as part of purchasing goods online, 
OR
(b) in the case of an individual conducting business on his/her own account, the person who agrees to buy the goods from the Seller and whose name and address has been provided to the Seller either verbally or in writing or by input entry on our website template requesting buyer details as part of purchasing goods online.

"Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

"Delivery date" means the date specified by Seller when the goods are to be delivered.

"Goods" means the articles which the Buyer agrees to buy from the Seller.

"Seller" means B&N Rockbreakers Ltd

"Website" means any website including www.rockbreakerchisels.ie

 

CONDITIONS APPLICABLE

These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which may purport to apply under any purchase order confirmation of order or similar documents.

All orders for the goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions.

Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

No contract for the sale or purchase of goods shall arise until the Seller dispatches a written acceptance of the Buyers order and until all information necessary to enable the Seller to fulfill the Buyers order has been received by the Seller. The provision of an order acknowledgement document or delivery document shall be regarded as a written acceptance of the Buyers order by the Seller. Whenever the Seller in its sole judgment has any doubt as to the Buyers credit worth, the Seller may 
require payment in advance of delivery, notwithstanding any contrary intention or expression contained in these terms and conditions or otherwise.

The company shall be entitled without prejudice to its other rights or remedies either to terminate wholly or partly every supply contract between itself and the buyer or to suspend any further deliveries under any or every such contract if: (a)any debt is overdue and unpaid by the buyer to the company, or (b)the buyer has failed to provide a letter of credit, bill of exchange or any other security required by the contract, or (c)the buyer has rejected ,returned or failed to take delivery of any goods tendered by the company otherwise than in accordance with the buyers contractual rights, or (d)the buyers being a body corporate becomes insolvent or passes a resolution or suffers an order of any court to be made for its winding up, or has a receiver appointed over its property (or carries out or undergoes any analogous act or proceedings under foreign law) or being an individual or partnership becomes insolvent or suspends payment in whole or in part or proposes or enters into any composition or arrangement with his or their creditors or has a receiving order in bankruptcy made against him or them or carries out or undergoes any analogus act or proceedings under any foreign law. The company shall be entitled to exercise its aforesaid right of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied.

The buyer shall not be entitled to withhold payment of any amount payable under any contract because of any disputed claim of the buyer nor shall the buyer be entitled to set-off against any amount payable to the company any monies which are not presently payable by the company to the buyer of the amount of any claim for which the company disputes liability.

The property in the goods shall not pass to the buyer and the buyer shall keep the goods as bailee and trustee for the company (returning the same to the company upon request) until the price of the goods shall have been wholly paid and until any other sums whatsoever which are due from the buyer to the company howsoever shall have been paid in full without any reduction or deferment on account of any dispute or cross-claim whatsoever. (b)Notwithstanding sub-clause (a)hereof the buyer shall be entitled to sell the goods to third parties in the normal course of the buyer’s business and to deliver them to such third parties but the proceeds of any such sale shall whenever and for so long as any sum whatsoever is due from the buyer to the company be held on trust for the company and the buyer shall pay into a separate bank account, to be designated B&N Rockbreakers Ltd trust account", any sums received from third parties in respect of sales to them by the buyer of goods or products supplied by the company up to the amount of indebtedness of the buyer to the company for the sole benefit of the company. (c)In the event of the buyer’s insolvency or in the event of the appointment of a receiver or liquidator the buyer or such receiver or liquidator shall no longer be in possession of any goods supplied by the company with the company’s consent and shall forthwith return and procure the return of all such goods to the company. Thereafter the buyer and any and every such receiver or liquidator shall procure that the proceeds of sale of any goods previously sold by the buyer but later received by the buyer or such receiver or liquidator shall be paid over immediately to the company. (d)Notwithstanding the foregoing provisions of this condition the risk in the goods shall pass to the buyer upon delivery of the same and the signature of any employee of the buyer, or of any person who may at any time be upon the premises of the buyer or at any place to which delivery is directed by the buyer and who shall be apparently entitled to sign a delivery docket, on the delivery docket shall be conclusive evidence of such delivery.

The company shall have a general lien against the buyer’s goods for all sums of whatsoever nature due on any account to the company. Such lien may be exercised by selling the goods by public auction or by private treaty and the lien shall cover the cost of exercising the same and of storing or selling any such goods.

These conditions of sale shall be construed in accordance with the Laws of Ireland.

BN Fluid Equipment is a trade name of B&N Rockbreakers Ltd.