Terms & Conditions

Conditions of Business

Our Conditions of Sale are outlined below.  Our prices are based on these Terms.  We can alter these Terms on request so long as this is agreed in writing and forms part of the Sales Contract documentation.  Pricing of our Products may vary if there is additional cost or risk as a result of any changes requested.

DEFINITIONS

  1. In these conditions the following terms shall have the following meanings.

‘Company’

Means VeeLite Technologies Limited, its successors and assigns.

‘Customer’

means the customer of the Company

‘contract’

means any contract for the sale of Goods by the Company to the Customer.

‘Goods’

means any goods forming the subject of this contract including parts and components of or materials incorporated in them.

‘price’

means the price as detailed on the order form.

QUOTATION

  • Quotations by the company unless otherwise stated shall be open for acceptance within 30 days of the date of the quotation, unless otherwise stated.

EXISTENCE OF CONTRACT

  • No Contract shall come into existence until the order form has been completed and signed on behalf of the customer and has been received by the company.
  • These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the
  • Except as expressly provided for in this document no variation or amendment of this document or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of the Company.

 PRICES

  • The Price for the subject matter is ex-works and excludes packing, insurance and carriage, VAT and other taxes or duties, unless stated otherwise.
  • The company shall have the right to adjust its prices for any increase in costs of any kind arising for any reason after the date of the Contract .
  • Price changes shall take effect on the date of service on the customer of notice of the change.

PAYMENT

  • All invoices are payable without discount of any kind are in Euros, Dollars or Sterling as indicated, and in no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all.
  • Unless otherwise agreed in writing, payment shall be nett monthly for authorised Credit Accounts (and Cash in Advance for new or unauthorised Accounts). Overdue Accounts will be charged Interest at 4% per calender month.

 TITLE

 6.1          For the purpose of the Sale of Goods Act 1893 the company shall transfer only such title or rights in respect of the subject matter as the company has and if the Goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to the company.

  • Notwithstanding the earlier passing of risk, title in the Goods shall remain with the company and shall not pass to the customer until the amount due under the invoice for them ( including interest) has been paid in full.
  • Until title passes the customer shall hold the subject matter as bailee for the company and shall store or mark them so that they can at all times be identified as the property of the company.
  • The company may at any time before title passes and without any liability to the customer.

—- repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the customer’s right to use, sell or otherwise deal in them; and

—- for that purpose (or determining what if any Goods are held by the customer) and inspecting them, enter any premises of or occupied by the customer.

  • Until title passes the entire proceeds of sale of the Goods shall be held in trust for the company and shall be held in a separate designated account and not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the company’s
  • The company may maintain an action for the price of any Goods not withstanding that the title in them has not passed to the customer.

 

RISK, DELIVERY AND PERFORMANCE

7.1          The Goods are delivered to the customer when the company makes them available to the customer or any agent of the customer or any carrier (who shall be the customer’s agent whoever pays the charges) at the companys premises or other delivery point agreed by the company.

7.2          Risk in the Goods passes when they are delivered in accordance with clause 7.1.

7.3         The company may at its discretion deliver the Goods by instalments in any sequence.

7.4         Where the Goods are delivered by instalments, no default or failure by the company in respect of any one or more instalments shall vitiate the Contract in respect of the Goods  previously delivered or undelivered Goods.

7.5          The company may deliver to the customer and the customer shall accept in satisfaction of the Contract a lesser number than the number of Goods ordered.

7.6          Any dates quoted by the company for any delivery of the Goods are anticipated only and shall not form part of the Contract and the  customer acknowledges that in the performance expected of the company no regard has been paid to any quoted delivery dates.

7.7          If the customer fails :

—  to take delivery of the Goods or any part of them on the due date; and

—   to provide any instructions or documents required to enable the Goods to be delivered on the due date, (if the contract provides that the company shall deliver the Goods of the contract to the customer) the company may on giving written notice to the company store or arrange for the storage of the Goods, and on the service of the notice:

—         risk in subject matter shall pass to the customer;

—         delivery of Goods shall be deemed to have taken place;  and

—         the customer shall pay to the company all costs and expenses including storage, any redelivery and insurance charges arising from its failure.

7.9          The company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the customer to refuse accept any delivery or performance of or repudiate the Contract.

CLAIMS NOTIFICATION

8.1          The customer shall inspect Goods on delivery and shall advise immediately or as soon as practical if goods are different from goods ordered.  In no circumstances should incorrect goods or damaged goods be installed without written approval by the company.

  • Any claim that any Goods have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the customer to the company within 5 days of their delivery.
  • Any alleged defect shall be notified by the customer to the company within 5 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within 5 days of the defect coming to the customers attention.
  • Any claim under this condition must be in writing and must contain full details of the claim including the part of any allegedly defective Goods.

 The company shall be afforded reasonable opportunity and facilities to investigate any claims  made under this condition and the customer shall, if so requested in writing by the company, promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to the company for examination.

 The company shall have no liability with regard to the customer for any claim in respect of which the customer has not complied with claims procedures in these conditions.

Full details of Warranty are shown on a separate page on this website.

SCOPE OF CONTRACT

 Under no circumstances shall the company have any liability of whatever kind for:

9.1          defects resulting from wear and tear, accident, improper use, or neglect from any instructions or materials provided by the customer;

9.2          the suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the company;

9.3            substitution by the company of any materials or components not forming part of any specification of the Goods agreed in writing by the company;

9.4          any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and particulars of weights and dimensions submitted by the company contained in the in the companys catalogues, price lists or literature;

9.5          any technical information, recommendations, statements or advice furnished by the company, its servants or agents not given in writing in response to a specific written request from the customer before the Contract is made ; or

9.6         any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components, if  the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.

 

EXTENT OF LIABILITY

10.1             The company shall have no liability to the customer for any loss or damage of any nature arising from any breach of any express or implied  warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:

—-           for death or personal injury resulting from the companys gross negligence; and

—-           as expressly stated in these conditions.

10.2        If the customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description the company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the customer credit for their invoice value or repair any damaged Goods..

10.3        If the customer establishes that any Goods are defective the company shall, as its option, replace with similar goods or repair any defective Goods, allow the customer credit for their invoice value or to the extent that the Goods are not of the company’s manufacture, assign to the customer (so far as the company is able to do so) any warranties given by the manufacturer of the Goods to the company.

10.4        The delivery of any repaired or replacement Goods shall be at the company’s Waterford premises or other delivery point specified for the original Goods.

10.5        Where the company is liable in accordance with this condition in respect of only some or part of the goods the Contract shall remain in full force and effect in respect of the other parts of the Goods and no off-set or other claim shall be made by the customer against or in respect of such other or other parts of the Goods.

10.6        No claim against the company shall be entertained for any defect  arising from any design or specification provided or made by the customer or if any adjustments, alterations or other work has been done to the Goods by any person except the company.

10.7        The company shall not be liable where any Goods, the Price of which does not include carriage, are lost or damaged in transit and all claim’s by the customer shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by the company at the prices ruling at the date of despatch.

  • In no circumstances shall the liability of the company to the customer under this condition exceed the invoice value of the Goods.

GENERAL

11.1        The company may sub-contract the performance of any contract in whole or in part.

11.2        The  company shall have a lien on all the customers property in the company’s possession for all amounts due at any time from the customers property and may use, sell or dispose of that property as agent for and at the expense of the customer and apply the proceeds in and towards the payment of such amounts on 28 days’ notice in writing in the customer.  On accounting to the customer for any balance remaining after payment of the amounts due to the company and the costs of sale or disposal the company shall be discharged of any liability in respect of the customer’s property.

  • The company may at its discretion suspend or terminate the supply of  any Goods if the customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or any other document with the company or becomes insolvent, has a receiver (or any equivalent ) appointed of its business or is compulsorily or voluntarily wound up or the company bona fide believes that any of those events may occur, and in case of termination may forfeit any deposit paid.

11.4       Except for any which is expressly agreed to be included in the Goods, all tools, patterns, materials, drawing, specifications and other data provided by the company shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall become the property of the company.

CONFIDENTIALITY

  1. The customer shall not at any time whether before or after the termination of this document divulge or use any unpublished technical information deriving from the company or any other confidential information in relation to the company’s affairs or business or method of carrying business.

CANCELLATION

  • Orders for Goods which have to be made or purchased especially for the customer will be charged in full unless written notice of cancellation is received not later than 8 weeks before the expected delivery date advised (or in the event of no delivery date having been advised by the Company, then within 1 week of the customer placing the order).  For Goods made or purchased especially for the customer, cancellation charges will usually be 100% (or lower at the sole discretion of the company).

9.2         For Products which are in Stock (advised to customer at time of order), there will be a 10% administration charge (or lower at companys sole discretion) for cancellation before despatch.

 

FORCE MAJEURE

 The company shall not be liable for any failure in the performance any of its obligations under this document caused by factors outside its control.

LAW AND JURISDICTION

  1. This document shall be governed by Irish law and the customer irrevocably consents to the exclusive jurisdiction of the Irish courts in all matters regarding it except to the extent that the company invokes the jurisdiction of the courts of any other country.  Supply is deemed to be in Waterford, Ireland even if customer opts for VeeLite to arrange and pay delivery costs.

NOTICES

 16.1        Any notice given under this document shall be in writing and may be served:  personally, or by registered or recorded delivery mail, or by fax or email transmission or post, or by any other means which any party specifies by notice to the others.

  • A notice shall be deemed to have been served:

—- if it was served in person, at the time of service;

—- if it was served by post, 48 hours after it was posted; and

— if it was served by email or facsimile transmission, at the time of transmission.