TERMS & CONDITIONS OF SALE
1. All goods are supplied by Elms Marketing Ireland Ltd Trading as Sporting iD (hereinafter referred to as “The Company”) to the intending purchaser (hereinafter referred to as “The Buyer”) on the following terms and conditions and no person in the employment or acting as agent of the Company or purporting so to has authority to accept orders or supply goods on any other conditions or to vary these terms in any way whatsoever provided always that for the purpose of a single transaction or series of related transactions these terms may be varied in writing by a Director of the Company.
2. Orders will normally be delivered at prices ruling at the date of despatch but the Company reserves the right to alter prices at any time without prior notice, excluding any orders for goods already in production or credit accounts that are in order.
3. Orders are subject to availability of stocks.
4. The Company reserves the right at any time and without any notice to the Buyer to cancel or refuse delivery of the goods ordered by the Buyer and accepted by the Company.
5. All orders are subject to a percentage differential of +/-10% on transfers ordered.
6. The Company accepts no responsibility of any kind whatsoever for non-delivery or late delivery of goods ordered by the Buyer and accepted by the Company. Non delivery claims can be verified by proof of delivery if sent by carrier.
7. The company will accept no liability or responsibility for damage of goods in transit unless advised in writing to the Company and the Company’s carrier within 3 days of receipt of goods, or in the case of loss in transit unless advised in writing to the Company within 7 days of the date of the invoice.
8. Goods despatched to a third party, (anybody other than the Buyer) will be wholly at the Buyer’s risk. The Buyer is responsible to ensure that the goods are correct before processing in any way
9. Goods cannot be returned once they have been printed or processed in any way.
10. No goods are sold on a “Sale or Return” basis.
11. The Company will accept no charge for carriage and packing for the return of any goods, without prior notice.
12. Risk in goods the subject to any agreement between the Company and the Buyer (“The Goods”) shall pass the Buyer upon delivery and the Company may as a condition of delivery where full payment for the goods has not been made in advance require production of the Buyer’s insurance policy in respect of such Goods.
13. The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Buyer shall have paid to the Company the agreed price thereof together with any Value Added Tax payable thereon (the aggregate of which hereafter if referred to as “The Agreed Price”)
14. The Buyer acknowledges that he is in possession of the Goods as bailee for the Company until such time as the Agreed Price is paid in full to the Company and that he is accountable to the Company until that time for the Goods and any proceeds of sale representing the same.
15. Until such time as the Agreed Price of the Goods is paid in full to the Company the Buyer will store the Goods on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company.
16. Until such a time as Agreed Price of the Goods is paid in full to the Company the Buyer’s right to possession of the Goods shall cease if he, not being a Company, commits an available act of Bankruptcy or following the service of a statutory demand has a Bankruptcy Petition presented against him or if the Buyer, being a company, does or fails to do any act the effect of which entitles a receiver to take possession of any of the assets of the Buyer or entitles any person to petition of the windingup or the appointment to an administrative receiver of the Buyer and thereupon the Company shall have the right to enter upon any premises where the Goods are stored or where they are reasonably thought to be stored and repossess the same.
17. Subject to the terms hereof and until such time as the Agreed Price of the Goods is paid in full the Company the Buyer is licensed by the Company to sell on the goods subject to the express condition that the Buyer shall sell the same as agent and as bailee for the Company and that the entire proceeds of sale thereof shall be held by the Buyer on trust for the Company and shall not be mixed with any other monies or be paid into an overdrawn bank account but shall be at all times identifiable as monies of the Company.
18. Until such time as the Agreed Price of the Goods is paid in full to the Company if the Buyer sells on the Goods without thereupon receiving the proceeds of sale thereof the Buyer will within 7 days of being requested so to do by the Company assign to the Company all rights against the person or persons to whom he has supplied the Goods subject to the right of the Buyer on payment in full of the said agreed price to require the Company to re-assign the same.
19. There will be a minimum freight charge for small shipments, €19.95 UK, €39.95 Europe, €59.95 ROW.
20. All goods are shipped Ex Works.
21. The Company may withdraw credit facilities at any time as its discretion.
22. Payment terms 30 days nett (unless otherwise agreed with Directors)
Directors: Peter Gleeson, Jean Jacques Doassans (France)
Registered Company Name: Elms Marketing Ireland LTD
Registered Office: Farm Lane Kinsale, Co Cork, P17 K223, Republic of Ireland
Registered Company Number: 646483 | VAT Registered Number: 3629068VH
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