WEBSITE TERMS & CONDITIONS
This is the page where we lay out the terms and conditions by which we can do business together. Hopefully they aren’t too long-winded and wordy, we really want you to take the time to read through them, so you understand what you’re signing up for!
In short, we are based in Ireland and it is Irish law that governs our obligations to one another. If you are from outside Ireland, or outside the EU, and you have any questions, then just pick up the phone and we can run through everything in person.
Our aim is to get your order to you exactly as described, and as quickly as possible. If there are any problems, or you feel a mistake has been made, then let us know and we promise to do our best to sort it out for you.
That’s it! We’re delighted you stopped by. The full text is below….
a. These terms and conditions supersede all earlier Terms and Conditions
b. There shall be no contract between Triskell Seafood Ltd (hereinafter referred to as ‘The Company’) and the Buyer until the Buyer’s order is accepted by the Company.
2. TRANSFER OF OWNERSHIP
a. The title in the goods shall remain in the Company until the Company has received payment in full for all sums due and owing on any account by the Buyer.
b. If the Buyer shall sell or otherwise dispose of the goods before payment in full as aforesaid has been made to the Company, the Buyer shall in such case act on his own account and not as agent for the Company and shall hold all monies received by him from such sale or disposal in trust for the Company and shall on request furnish the company with the names and addresses of the persons to whom such disposals have been made together with all particulars to enable the Company to recover any outstanding sums due from such a person.
c. So long as the title in the goods shall remain in the Company, the Buyer shall hold the goods as bailee for the Company and store the goods so as to clearly show them to be the property of the Company, and the Company shall have the right, without prejudice to the obligations of the Buyer to purchase the goods or to retake possession of the goods (and for that purpose to go upon any premises occupied by the Buyer).
d. Nothing in this clause shall confer any right upon the Buyer to return the goods. The Company may maintain an action for the price notwithstanding that title in the goods shall not have vested in the Buyer.
a. The Company shall be entitled to make partial deliveries or deliveries by instalments and the terms and conditions herein contained shall apply to each partial delivery.
b. Deviation in quantity of the goods (representing not more than 10 per cent by value) from that stated in the contract shall not give the Buyer any right to reject the goods or to claim damages and the Buyer shall be obliged to accept and pay at the contract rate for the quantity of goods delivered.
c. The goods properly packed and secured in such a manner to reach the delivery point in good condition under normal conditions of transport, shall be delivered by the Company at, or dispatched for delivery to, the place or places and in the manner specified in the order or subsequently agreed. Delivery to any lands or premises shall be deemed to be affected by delivery to the loading point or hard surfaced road nearest to the delivery point.
d. The Buyer will provide at its own expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading / loading the Goods.
e. If there is no representative of the Buyer at the Delivery Point to accept the Goods, the Goods will be returned to the premises of the Company and the Buyer will be responsible for the costs of the failed delivery.
f. Notwithstanding that the title in the goods may not have passed to the Buyer, the Buyer shall carry all risk of loss of or damage to the Goods from the time when the goods are delivered to a carrier for transmission to the Buyer or the prior delivery to a carrier for transmission to the Buyer, or the prior delivery of the goods to the stipulated Delivery Point, either of which events shall constitute delivery to the Buyer.
g. From when the risk of loss or and damage to the goods commences to be carried by the Buyer until the Company is paid in full for the goods, the Buyer shall:
- Indemnify and keep indemnified the Company against all loss of and damage to the goods and against any reduction in the re-sale value thereof below the price to be paid therefor by the Buyer.
- Insure and keep insured the goods in an amount at least equal to the price to be paid therefor by the buyer; and
- Hold upon trust for the Company absolutely all proceeds of such insurance.
All prices are strictly net. Any price quoted by the Company or comprised in the contract is provisional only and is subject to market fluctuations. Whilst every effort will be made to maintain prices quoted the Company reserves the right to execute orders at prices ruling at the time of delivery.
5. TERMS OF PAYMENT
a. Payment shall be made in accordance with the agreed terms of the Company which are 30 days from the date of invoice unless otherwise agreed in writing. Payment must be made by direct debit unless otherwise agreed in writing. The Company reserves the right to withhold further supply to customers whose accounts are overdue.
b. The Buyer shall pay to the Company interest on overdue payments calculated on the day-to-day balance at a rate of interest equal to that from time to time payable by the Company on overdraft borrowings. Such interest shall be payable on demand and may be charged and added to the balance of overdue payments and thereby compounded, from time to time as the Company may determine. A statement from the Company as to the rate of interest applicable under this paragraph shall, in the absence of manifest error, be conclusive.
c. Nothing in this clause shall be taken as limiting the Company rights under clause 7.
6. REMEDIES FOR ANY DEFECTS ETC
a. If by reason of any defect in the goods there shall be a breach of any implied conditions of warranty applicable thereto, the Company shall at its option either repair or replace the goods or issue credit to the Buyer, provided that;
- The Company is notified in writing within 7 days of the discovery of any such defects by the Buyer and in any event not later than 21 days after purchase;
- The relevant goods are returned to the Company at the cost of the Buyer;
- Examination of such goods by the Company shall disclose to its satisfaction (that the defect or failure to conform to specifications existed at the time of delivery or) that a breach of an implied condition or warranty shall have occurred as aforesaid, and in particular that the goods shall not have been affected by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not affected by the Company and;
- The Buyer shall pay to the Company the cost (as stated by the Company) of any examination of the goods as a result of which the company does not accept liability.
b. The Company will so far as possible pass to the Buyer the benefit of any guaranteed, condition or warranty given to the Company by the manufacturer.
c. The Company’s liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of or in connection with or resulting from the manufacture, sale, delivery, re-sale, replacement or use of any of the goods shall in no case exceed the price paid by the Buyer to the Seller for the goods which give rise to the claim, plus expenses of customs, taxes, freight and insurance. In no event shall the Company be liable for any loss of profits, or special or consequential damages suffered by the Buyer, including interest charges. Nothing contained in this paragraph shall by implication create any liability or obligation on the part of the Company or effect or diminish any disclaimer or liability elsewhere contained herein.
7. RETURN OF GOODS
a. If the goods are returned for any reason other than faulty merchandise or delivery of the wrong type of goods a handling charge of 15% of the original invoice value will be made.
b. Goods ordered specifically for the customer cannot be returned for credit.
c. Partial packages or goods broken down below the usual sale quantities cannot be returned for credit.
d. All returns of goods for whatever reason must be reference to the original invoice from the Company.
e. Save as where expressly stated herein the Company shall be under no obligation to accept the return of goods.
8. DEFAULT BY BUYER
If the Buyer:
- Fails to comply with any terms of the contract (including stipulations as to payment):
- Commits an act of bankruptcy, makes an arrangement or composition with creditors suffers any distress or executions; or
- Resolves or is ordered to be wound up or has a receiver appointed. Then, in such event, the Company shall have the right (without prejudice to any other remedies) to cancel any uncompleted order and withhold or suspend delivery of further goods, and to demand payment forthwith of all sums due by the Buyer to the Company.
In the event that the Company exercises any rights it may have to stop goods in transit because of the Buyer’s financial condition, the Company may at its option resell such goods at private or public sale without notice to the Buyer and without affecting the Company’s rights to hold the Buyer liable for any loss or damage caused by breach of contract by the Buyer.
The Buyer shall not assign or transfer or purport to assign or transfer to any other person the contract or the benefit thereof or the benefit of any condition, warranty or guarantee or other term or condition (express or implied) forming part thereof or relating to the goods.
The headings of the terms and conditions are for convenience only and shall have no effect on the interpretation thereof.
11. GOVERNING LAW
This contract shall be governed and construed in all respects in accordance with the laws of the Republic of Ireland and the Courts of the Republic of Ireland shall have jurisdiction to resolve any dispute arising out of, under or in connection with the contract.
12. SERVICE OF NOTICES AND PROCEEDINGS
Service on the Buyer of any notice or proceedings arising under, out of or in connection with the contract may be affected by ordinary pre-paid or registered post at the registered place of business or the usual place of business, or any other known address of the Buyer. Service of any such notice or proceedings on the Company shall be by registered post to its registered offices at Unit 9E, North-West Business Park, Collooney, Sligo.