Terms & Conditions
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….
- These terms and conditions supersede all earlier terms and conditions.
- There shall be no contract between Triskell Seafood Ltd of Unit 9E Northwest Business Park, Collooney, Co. Sligo F91THW7 (hereinafter referred to as the ‘Company’) and the Buyer until the Buyer’s order is accepted by the Company in accordance with these terms and conditions.
- The Buyer warrants that it is requesting and purchasing the goods in the course of business and is not a consumer.
- These terms and conditions shall override any contrary, different or additional terms or conditions contained or referred to in a Buyer’s order or in any other correspondence or documents from the Buyer and no addition, alteration or substitution of these terms and conditions will bind the Company or form part of any order unless expressly accepted in writing by a person authorised to sign on the Company’s behalf.
2. ACCEPTANCE OF ORDERS
- Any quotation relating to goods or services supplied by the Company and any catalogue, mailshot, information on a website or other advertisement of such goods or services shall constitute an invitation to treat only and not an offer to contract. Any order placed by a Buyer with the Company for goods or services shall be accepted entirely at the discretion of the Company and, if so accepted, will only be accepted upon these terms and conditions.
- An order shall be deemed accepted by the Company upon
- Dispatch to the Buyer of a sales notice advising that the Buyer’s order has been recorded, that confirms the price for the goods and that the order will be fulfilled once the goods to which the advice note relates are available (and in the case of live seafood such additional requirements as may be specified by the Company); and
- In the case of the provision of services, commencement of the services.
- Each order which is so accepted shall constitute an individual legally binding contract between the Buyer and the Company.
3. TRANSFER OF OWNERSHIP
- The title in the goods shall remain with the Company and not pass to the Buyer until the Company has received cash or cleared funds in payment in full for the price of the goods or services and all sums due and owing on any account by the Buyer notwithstanding delivery and passing of risk in the goods to the Buyer or any other provision of these terms and conditions.
- 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 it from such sale or disposal or process as trustee for the Company and keep such money separate from other money, and shall forward such money as soon as possible to the Company or lodge it to a separate bank account to keep it separate from any money of the Buyer in trust for the Company.
- So long as the title in the goods shall remain in the Company, the Buyer shall hold the goods as the Company’s fiduciary agent and custodian and shall keep them for the Company free from any lien, charge or encumbrance and protect and store the goods so as to clearly show them to be the property of the Company and shall keep them separate from its property and from that of third parties, and the Company shall have the right, at any time to request the goods be returned to it by the Buyer and if such request is not met within three days the Company may retake possession of the goods (and for that purpose may visit and go upon any premises of the Buyer or occupied by the Buyer, including locked premises).
- 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.
- From when the risk passes to the Buyer (risk of loss and/or damage to the goods) under clause 4(f) until title passes to the Buyer the Buyer shall:
- Indemnify and keep indemnified the Company against all loss of and damage to the goods.
- 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
- The Company shall be entitled to make partial deliveries or deliveries by installments and the terms and conditions herein contained shall apply to each partial delivery. Where goods are delivered by installment the Buyer shall not be entitled to treat defective delivery in respect of one or more installments as a repudiation of the whole order nor to defer payment for any previous installment.
- Deviation in quantity of the goods (representing not more than 10 per cent by value) from that stated in the sales notice 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.
- 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 sales notice or subsequently agreed. Delivery to any lands or premises shall be deemed to be effected by delivery to the loading point or hard surfaced road nearest to the delivery point.
- The Buyer will provide at its own expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading / loading the goods. The Buyer shall be responsible for the payment of all deliveries.
- 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 (or its supplier) and the Buyer will be responsible for the costs of the failed delivery.
- 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 of the goods to the stipulated Delivery Point, either of which events shall constitute delivery to the Buyer. In particular, the Buyer shall note that the Buyer bears responsibility for any act of God or force majeure event that arises during transportation (including, for the avoidance of doubt, the loss of live seafood during transit from the grower to the Buyer). THE BUYER SHALL BE RESPONSIBLE FOR THE GOODS FROM WHEN THEY ARE PLACED WITH THE DELIVERY SUPPLIER IRRESPECTIVE OF WHETHER THE GOODS REACH THE BUYER.
- Any time or date for delivery given by the Company is given in good faith but is an estimate only. The Buyer should contact the Company immediately if there is a failure of delivery of the goods.
- If a Buyer so wishes the Buyer can arrange its own transportation of the goods.
- All prices quoted to the Buyer are strictly net. Any price quoted by the Company in any discussions in advance of the sales notice 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. The binding price will be the price specified on the invoice (being the price at the date of delivery of the goods) plus VAT where applicable and/or other taxes, duties and appropriate other charges. Unless otherwise agreed with the Buyer quotations are valid for 30 calendar day from the date of quotation.
- The Company may at its entire discretion grant trade terms by prior arrangement.
- Rates, prices and discounts published in catalogues, lists, mailshots, advertisements, on our website and on other documents issued by the Company are subject to variation at any time without prior notice.
- The invoice shall be given or dispatched by the Company to the Buyer on the date of delivery or as soon as reasonably practicable thereafter provided that the Company reserves the right to dispatch further invoices to the Buyer in respect of increased or other charges payable under these terms and conditions and not ascertainable at the time of dispatch of the original invoice.
6. TERMS OF PAYMENT
- Payment shall be made in accordance with the agreed terms of the Company which are specified on the invoice (either an upfront payment or if agreed by the Company 30 days from the date of invoice) unless otherwise agreed in writing between the Company and the Buyer. Payment must be made by bank transfer or credit card unless otherwise agreed in writing. The Company reserves the right to withhold further supply to customers whose accounts are overdue.
- All invoices shall be payable when due without reduction, deduction or deferment on account of any matter or thing whatsoever including, but not limited to any claim, counterclaim, set-off, compensation or present or future taxes, and no such matter shall not be made the reason for deferring or withholding payment of any amount due or liabilities incurred to the Company. All payments will be free and clear of all taxes, deductions, withholdings and other charges.
- The Company’s payment details will be issued with the invoice. If the Buyer receives an email stating a change to the Company’s bank account details the Buyer should NOT SEND any funds to the account and contact the Company immediately. The Buyer is requested not to send the Company its bank account details or credit card details by email. The Company does not accept any responsibility or liability in the event that the Buyer suffers losses as a result of cybercrime.
- The Buyer shall pay to the Company interest on overdue payments calculated in accordance with the European Communities (Late Payments in Commercial Transactions) Regulations 2012. A statement from the Company as to the amount of interest applicable under this clause shall, in the absence of manifest error, be conclusive.
- The Buyer shall reimburse the Company, on an indemnity basis, all costs and expenses incurred by the Company in connection with the recovery of any money due to the Company.
- Nothing in this clause shall be taken as limiting the Company rights under clause 3.
7. INSPECTION AND ACCEPTANCE OF GOODS
- The Buyer shall inspect goods immediately upon delivery and (subject to clause 7 (b)) shall within 3 days of such delivery (time being of the essence) give notice in writing to the Company of any alleged shortages in the goods or any damage to the goods (excluding live seafood) incurred during transit (in which case a notice must be provided to the delivery supplier within 3 calendar days and a claim made against the delivery supplier within 14 days of transit) or of any other matter or thing by reason whereof the Buyer alleges that the goods are not in accordance with the sales notice. If the Buyer shall fail to give such notice within this time period then the goods shall be conclusively presumed to be in accordance with the sales notice in all respects and the Buyer shall not thereafter be entitled to reject the goods or to claim from the Company in respect of any shortage, damage or other defect in the goods. Please note that if the Buyer has acknowledged (by signing a delivery note or otherwise) upon delivery that the goods have been received in good conditions the delivery supplier and us shall have no liability to the Buyer.
- In the case of damage or other defect in the goods (excluding live seafood) which was not apparent on reasonable inspection, notice shall be given to the Company in writing within 7 days of the discovery of any such damage or defect by the Buyer and otherwise the provisions of clause 7 (a) shall apply.
- In the case of any dissatisfaction or defect in the provision of the services notice shall be given to the Company in writing within 3 days of the provision of the services (as required by the delivery supplier).
- THE PROVISIONS OF THIS CLAUSE 7 SHALL NOT APPLY TO LIVE SEAFOOD (FOR EXAMPLE LIVE OYSTER SEED) OR FOR OTHER LOSSES DUE TO FORCE MAJEURE AND THE BUYER ACCEPTS FULL RISK AND RESPONSIBILITY FOR SUCH GOODS FROM THE DATE OF ORDER. THE BUYER BEARS THE RISK THAT LIVE SEAFOOD MAY DIE IN TRANSIT AND NOT BE COVERED BY THE TRANSPORTATION PROVIDER’S INSURANCE OR TERMS OF BUSINESS AND ORDERS THE LIVE SEAFOOD IN THE FULL KNOWLEDGE OF THIS RISK AND RESPONSIBILITY.
8. WARRANTIES AND REMEDIES FOR ANY DEFECTS ETC.
- The Company warrants that it has the right to sell the goods and has obtained all necessary rights to sell the goods. Where services are supplied the Company warrants that the service shall be provided with reasonable care and skill.
- If there is any defect in the goods, the Company shall at its option either repair or replace the goods free of charge or issue credit to the Buyer, provided that;
- The Company is notified in writing within the time period specified in clause 7;
- The relevant goods are promptly returned to the Company;
- Upon return of the goods the Company shall examine them. Examination of such goods by the Company shall disclose to its satisfaction that the defect or damage existed at the time of delivery and shall have arisen prior to delivery;
- 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.
- If there is any defect in the provision of the services, the Company shall at its option either redo the service free of charge or issue credit to the Buyer. The Company shall not be obliged to reorganise transportation services and accepts no responsibility for such services. All exclusions from loss in the delivery suppliers’ contract shall also be excluded in the provision of delivery services by the Company. A copy of the delivery suppliers’ contract is available upon written request for your order. These exclusions include but are not limited to, acts of God, force majeure, seizure or forfeiture under legal process, insufficient or improper packaging or loading or addressing or labelling.
- The Company will so far as possible pass to the Buyer the benefit of any guarantee, condition or warranty given to the Company by the manufacturer.
- The provisions of clause 8 (b) shall not apply to live Seafood and full risk and responsibility passes to the Buyer at the date of order.
- If the Company is arranging transportation of goods for the Buyer full risk and responsibility rests with the Buyer for the goods from the date of order to the extent that the goods or the defect or loss or damage to the goods are not covered by the transportation providers insurance or terms of business and the provisions of clause 8(b) will not apply in such circumstances.
9. LIMITATION OF LIABILITY
- Subject to clause 9(g), the Company’s liability under clause 8 shall be to the exclusion of all other liability to the Buyer whether contractual, tortious or otherwise for defects in the goods or services or for any loss or damage caused by the goods or services and all other conditions, warranties, stipulations or other statements whatsoever concerning the goods or services whether express or implied, by statute, at common law or otherwise howsoever are hereby excluded.
- Except as set out in Clause 8 (a) the Company grants no warranties regarding fitness for purpose, description, performance, use, nature or satisfactory quality of the goods, whether express or implied, by statute, at common law or otherwise howsoever.
- Subject to clause 9(g) the Company’s liability to the Buyer for any claim, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, for the goods or services including 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 or provision of the services shall in no case exceed the PRICE PAID by the Buyer to the Company for the goods or service which give rise to the claim.
- In no event shall the Company be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever or whatever the cause:
- For any increased costs or expenses;
- For any loss of profits, business, contracts, revenue or anticipated savings, or
- for any special or indirect or consequential loss or damages of any nature whatsoever arising directly or indirectly out of the provision by the Company of the goods or the services or of any failure or defect therein or of the performance of, non-performance or delayed performance by the Company of the contract suffered by the Buyer, including interest charges.
- The Company shall not be responsible for any delay or failure to fulfil any of its obligations under the order nor be liable for any loss or damage suffered or incurred by the Buyer by reason of any delay in delivery of the goods or any part thereof or the destruction thereof or the failure to deliver goods caused directly or indirectly by any act of God, war, government or parliamentary restriction, import or export regulation, strike, lockout, trade dispute, fire, theft, flooding, breakdown of plant or premises, failure of water or other supplies or any other cause whatsoever beyond the control of the Company.
- The Company accepts no liability for the loss of live seafood in transit or for other damage to goods in transit that is not covered by the transportation providers insurance or terms of business.
- Nothing in these terms and conditions shall operate or be construed so as to operate to exclude or restrict:
- The liability of the Company for death or personal injury resulting from the negligence of the Company or its servants, employees or agents;
- Any rights that cannot be excluded by law including the statutory rights of consumers.
- The Company shall be discharged from all liability whatsoever and howsoever arising in any event unless court proceedings are issued within six months of the provision of the goods or services.
10. RETURN OF GOODS
- If the goods are returned for any reason other than being defective or delivery of the wrong type of goods a handling charge of 15% of the original invoice value will be made if the return is accepted by the Company.
- Goods ordered specifically for the customer cannot be returned for credit unless they are found to be defective.
- Partial packages or goods broken down below the usual sale quantities cannot be returned for credit.
- All returns of goods for whatever reason must be by reference to the original invoice from the Company.
- Save as where expressly stated herein the Company shall be under no obligation to accept the return of goods.
11. 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 or insolvency, 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 and without any liability whatsoever) to terminate and 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, and to enter the Buyer’s premises to protect and/or remove goods and to sell or dispose all or any of the goods in which property title has not passed to the Buyer in accordance with these terms and conditions.
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.
Termination of any order shall not discharge any pre-existing liability of the Buyer to the Company and on such termination the Company shall be entitled to receive from the Buyer such loss or damage as the Company has suffered by reason of such termination.
The Buyer shall indemnify the Company in respect of all loss, damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Company become liable in respect of the goods in the event that such loss, damage, or injury shall have been occasioned by the negligence of the Buyer or that arises due to the provisions of the delivery suppliers terms of business.
No failure or delay by the Company to exercise any right, power, remedy or privilege shall operate as a waiver of the same.
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.
If any term or provision of these terms and conditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these terms and conditions but the validity and enforceability of the remainder of these terms and conditions shall not be affected.
The headings of the terms and conditions are for convenience only and shall have no effect on the interpretation thereof.
16. 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 effected 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. Any notice shall be deemed received 48 hours after postage.
The Company shall be entitled, in its entire discretion, to alter these terms and conditions or any of them at any time or from time to time whether by way of variation and/or substitution and/or deletion of the existing terms and conditions and/or adding new terms and conditions and these terms and conditions as so altered shall apply to contracts whether current at the time or entered into thereafter provided always that in the case of contract then current one month’s prior notice in writing shall be given by the Company to the Buyer stating the amended terms and conditions of supply of goods and the effective date thereof.
18. GOVERNING LAW
This contract shall be governed and construed in all respects in accordance with the laws of Ireland (excluding Northern Ireland) and the Company and the Buyer agree that the Courts of Ireland shall have exclusive jurisdiction to resolve any dispute arising out of, under or in connection with the contract.