Terms & Conditions
1. Terms and Conditions: These
terms and conditions form part of every proposal, quotation, offer or contract
of sale made by Atlantic Gold to the
purchaser or customer (hereinafter called the “Buyer") and shall not be
varied without the express written agreement of Atlantic Gold. Atlantic Gold
herein includes Atlantic Gold’s agents or servants. Atlantic Gold
reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms and Conditions, at any time. It is your
responsibility to check these Terms and Conditions periodically for
changes. Your continued use of the site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply
with these Terms and Conditions, Atlantic Gold grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the site.
2. Prices: All orders are accepted at prices ruling. Atlantic
Gold reserves the right to execute orders at prices ruling at the time of
delivery. Atlantic Gold reserves the right to amend prices to correct
errors or omissions. Prices quoted are always on an "ex works" basis
and Atlantic Gold will, if requested, make a charge to cover the packaging,
transportation's and insurance on the goods being supplied. All prices quoted
are inclusive of VAT, which is added at the prevailing rate.
3. Terms of Payment: Full payment is due at the time the order
is submitted, unless otherwise stated.
Atlantic Gold reserves the right to withhold or cancel deliveries and to revoke
any credit extended to the Buyer for any failure to pay for goods when due
under this or any other contract with Atlantic Gold. The Buyer shall indemnify Atlantic
Gold for any loss caused by reason of such withholding or cancellation of
delivery.
4. Delivery Dates: All delivery dates quoted are estimated,
are not guaranteed and do not form a term of this contract. Atlantic Gold
undertakes to make every endeavor to adhere to the delivery schedule but will
not accept cancellation of contract for, or liability for, any direct or
indirect losses which may arise from late delivery. Where an order calls for a
number of items, Atlantic Gold reserves the right to dispatch all or any number
of items as and when available and the buyer shall pay all invoices in respect
of such deliveries in accordance with the terms of payment set out above.
5. Damage or Loss in Transit: Atlantic Gold accepts no
responsibility for damage or loss of goods in transit. Any such damage should
be noted on the carrier’s paperwork and notified to Atlantic Gold within four
days of receipt and the goods held for inspection to enable a claim to be made
on the carrier. If the goods are lost or not received by the Buyer within
fourteen days of invoice Atlantic Gold should be immediately notified.
6. Reservation of Title: Atlantic Gold reserves title to the
goods and the Buyer holds the goods delivered hereunder as bailee for Atlantic
Gold until the Buyer has:
(a) Paid Atlantic Gold in full for such goods, or
(b) Resold such goods or articles containing such goods, and discharged funds
to Atlantic Gold.
whichever shall first occur.
As such Bailee the Buyer will store such goods, if unused, separately and so as
to be identifiable as the property of Atlantic Gold and the Buyer will on
request and at the Buyer's expense separate the goods from any machinery or
other articles in which they may be incorporated and re-deliver them to Atlantic
Gold. If the buyer shall resell the goods or machinery or other articles
incorporate such goods to a sub-buyer without having paid Atlantic Gold as
aforesaid, the Buyer shall pay the proceeds of such resale to the extent that
the Buyer has not so paid Atlantic Gold, into a separate account in Atlantic
Gold’s name in trust for Atlantic Gold and pending payment of such proceeds
hold the right of enforcing such payment against the sub-buyer in trust for Atlantic
Gold.
7. Representation, Conditions and Warranties: Save as
expressly set out herein, Atlantic Gold shall not be liable for any
representation made by or on behalf of Atlantic Gold and all conditions and
warranties expressed or implied, statutory or otherwise are excluded.
8. Warranty and Liability of Atlantic Gold: Atlantic Gold
shall make every reasonable effort to have repaired or replaced free of charge
any goods which are, or become, defective through any fault in design, material
or workmanship in the manufacture thereof provided that such defect occurs
within the lesser of 12 months of the date of purchase and provided that the
Buyer notifies Atlantic Gold of any such defect immediately after it occurs.
Save as aforesaid under no circumstances will Atlantic Gold be liable in
contract or otherwise, for any loss, damage, expense or injury whatsoever,
consequential or otherwise, arising out of or in connection with the supply,
installation use or failure of, or defect in, the goods sold hereunder.
9. Events beyond Atlantic Gold’s Control: If Atlantic Gold
shall be unable to comply with the terms of this contract by reason of: -
(a) War, mobilisation, riot, act of terrorism, civil commotion, strike, lockout
or other industrial action or other circumstances beyond Atlantic Gold’s
control, or
(b) The fact that all or part of the goods ordered by the Buyer hereunder have
become obsolete or unobtainable from the manufacturers for any reason
whatsoever; Atlantic Gold shall be entitled, on giving notice to the Buyer to
such effect, to be discharged from further performance under this contract,
without prejudice to the rights and obligations of Atlantic Gold and the Buyer
existing up to the time of giving such notice.
10. Claims: Save as set out under the condition regarding
Damage or Loss in Transit, claims of whatever nature in respect of any goods
sold or to be sold hereunder must be made in writing within 30 days from
receipt of such goods or, in the case of non-delivery, within 30 days from
quoted delivery date. Failing such claim, Atlantic Gold shall not be liable to
the Buyer in any circumstances.
11. Return of Goods: No goods may be returned without Atlantic
Gold’s written consent. Where goods are alleged to be defective or not in
conformity with the manufacturer’s published specification, full details must
be given and credit (or replacements) will not be issued until the manufacturer
has agreed defects. In no circumstances will goods that have been used, altered
or soldered be considered for credit or replacement.
12. Indemnity for the Buyer: The Buyer shall indemnify Atlantic
Gold against any claim by any person or corporate body in respect of any loss
injury or damage howsoever caused, arising out of, or in connection with the
goods to be supplied hereunder after their receipt by the Buyer.
13. Telephone Orders: Atlantic Gold will accept orders
provided the Buyer is able to supply an order reference, has an up to date
account with Atlantic Gold. The Buyer should send within 24 hours of Atlantic
Gold’s acceptance of the telephone order, an order which states clearly
"Confirmation of telephone order". Atlantic Gold’s conditions of sale
will apply to all telephone orders. If the order is duplicated as a result of
failure to send such written confirmation, the Buyer will accept the duplicated
consignment unless otherwise agreed with Atlantic Gold who may impose a
cancellation charge.
14. Legal: This contract shall be governed by Irish law and
any dispute arising out of it, or in connection with it, shall be justifiable
only in the Courts of the Republic of Ireland.
15. Cancellation: Requests by a Buyer for cancellation of
order will only be considered by Atlantic Gold if made in writing and shall be
subject to the written acceptance of Atlantic Gold whereupon the Buyer shall
indemnify Atlantic Gold against all loss, costs, damages charges and expenses
arising out of the order and the cancellation thereof. If the Buyer cancels an
order there will be a minimum 30% cancellation charge.
16. Our maximum liability to
you under the contract shall be the value of the goods that you ordered.
Reviewed: 22/06/2016