Terms & Conditions

 

GENERAL

  1. The Seller does business upon and subject to these general conditions of sale which will be deemed to be incorporated into all contracts between the Seller and the Purchaser to the exclusion of any other terms and conditions of the Purchaser.

  2. A quotation shall only constitute an invitation to treat. All orders are subject to acceptance by the Seller, the Purchaser’s acceptance of delivery of the said acknowledgement of orders shall be deemed to include acceptance of these general conditions.

  3. Able Marketing’s terms and conditions must be accepted as overriding any terms and conditions that may be included in the Purchaser’s confirmation order.

 

WAIVER

Failure by the Seller at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by the Seller of such provision or in any way effect the validity of these general conditions.

 

PRICES

All prices quoted are exclusive of VAT. All prices are subject to increases without notice, owing to circumstances beyond the Seller’s control. All prices are subject to VAT at the prevailing rate.

 

ORIGINATION

All blocks, dies, screens and/or origination work required for printing will incur additional costs.

 

ARTWORK

All artwork including reductions, enlargements, touching up and redraw will be chargeable. All Artwork and/or Typesetting must be approved in writing by the Purchaser. No responsibility whatsoever, for errors and omissions will be accepted by the Seller, even if the Purchaser’s details were correct when the original order was made. It is the responsibility of the Purchaser to proof read and approve the final copy and such approval must be in writing. All responsibility for errors and/or omissions in this regard rests with the Purchaser.

 

QUANTITIES

Printed goods are subject to 10% over or under run and will be charged pro rate.

 

LIABILITY

  1. The Purchaser shall be responsible for the goods being suitable in every way for the purpose for which they are intended to use them and no warranty, condition or representation is given by the Seller as to the fitness of any goods for any particular purpose.

  2. Whilst every effort will be made to deliver on time, the Seller is not liable for delays occasioned by circumstances beyond the Seller’s control.

  3. Any liability of the Seller to the Purchaser shall be limited in total to the price of the goods.

 

CARRIAGE

All prices are exclusive of carriage.

The Seller shall not be responsible for goods in transit. Carriage by post, courier, etc. is entirely at the Purchaser’s risk regardless of whether carriage is commissioned by the Purchaser or the Seller.

 

SAMPLES

All samples and carriage for same will be charged for.

 

QUOTATIONS

Quotations are based on current costs of production and are subject to amendment by the Seller on or at any time after acceptance to meet increase in such costs.

 

TERMS OF PAYMENT

Cash on delivery, unless otherwise agreed, in writing, by the Seller and the Purchaser. Where no account is set up a deposit shall be required with confirmation of order. Time of payment shall be of the essence. If any amount shall not be paid on the due date the Purchaser shall pay to the Seller on demand interest thereon at an annual rate of 4% above the DIBOR rate, such interest to accrue from day to day and run after as well as before any Judgement.

 

CLAIMS AND ACCEPTANCE

  1. The Purchaser shall inspect all goods immediately upon delivery and shall within seven days from delivery and/or collection notify the Seller, in writing, of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. If the Purchaser shall fail to give such notice within such period, it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Purchaser has accepted them. The Purchaser shall have no right to reject the goods, but shall be bound to pay for the same accordingly.

  2. The Seller is bound by carrier’s terms and therefore, claims for non-delivery of all or part of the consignment must be notified in writing within 7 days of the invoice date or 48 hours after the notified delivery date, whichever is the sooner.

  3. Goods are only returnable with our express agreement in writing. Goods will not be accepted back without prior arrangement.

  4. Claims arising from damage to packages in transit must be notified, upon receipt, to both the carrier and the Seller, with a note to that effect being made on the carrier’s delivery docket. Goods and packing material are to be retained for inspection purposes.

 

 

CANCELLATION

If an order is cancelled by the Purchaser at any time after the date of acceptance by the Seller then the Purchaser shall reimburse the Seller any costs and expenses incurred by the Seller in connection with that order. Expenses shall include all stock purchased or reserved and all preparation and administration costs.

 

SUSPENSION OF ORDER

The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle the seller to payment in full for the portion of work completed.

 

PRINTING

Unless otherwise specified printing colour, size and position will be at the Seller’s discretion. Whilst every effort will be made to match colours as per the Purchaser’s print requirements, due to the variety of both materials and material colours used in our products, the Seller cannot guarantee that this will be possible.

 

REPEAT ORDERS

The onus is on the Purchaser to ensure the Seller has all the correct details from previous orders. The Seller cannot guarantee that the goods will be exactly the same as previously supplied. Samples are available on request to check for size, material, etc.

 

VERBAL ORDERS

Verbal orders must be confirmed in writing by the Purchaser within 3 days. No responsibility will be accepted for errors or omissions if this is not done.

 

COMPANY LOGOS

Products bearing names and trademarks in any of the Seller’s literature or on any samples do not necessarily indicate or imply that the Seller has supplied the items to the owner of the name or trademark but are representative of the effect which has been obtained by using an advertisement.

No warranty that the goods sold do not infringe the patent rights of a Third Party is given or is to be implied. If they are manufactured and/or printed to the Purchaser’s design or according to the Purchaser’s instructions, the Purchaser shall indemnify the Seller in respect of all claims, damages, costs, and expenses in respect of any alleged infringement and on discovery of such infringement the Seller shall be at liberty to terminate the contract and receive payment for all goods supplied, made up or allocated to the Purchaser whether or not such goods shall have been delivered or collected. The Seller reserves the right to use the Purchaser’s logo in the Seller’s brochure unless otherwise advised in writing.

 

TRADEMARKS

It is the responsibility of the Purchaser to ensure that his requirements do not constitute an infringement of any copyright, patent rights, design, trademark or name, or other protected rights. The Purchaser shall save harmless and indemnify the Seller from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

 

WEBSITE SALES / CONDITIONS OF USE OF WEBSITE

No permission to copy, reproduce, modify or download the Website or any part of the site is given and in particular nothing on the site may be reproduced for use in any publication, or distributed for any purpose without the prior written consent of the Seller. Any information found on the Website is intended for guidance only and the goods and prices found in it are subject to change without notice. No representation or warranty is given as to the completeness or accuracy of any information on the Website, or that such information is current. Where the Website is hyper-linked to any site operated by any third party, the Seller accepts no responsibility or liability in respect of any product, service, material, or information on such site. The presence of such sites shall not be deemed to be a commendation or endorsement of such sites by the Seller. The Seller will not be liable for damage to, or for viruses that may affect any computer equipment, software, data, or other property as a result of access to, use of, or browsing of the Website or the downloading of any material, data, text, or image. The Seller will not be liable for any damage, loss, costs, or expenses suffered by the Purchaser as a result of any downtime (being the period of time during which the Website is unavailable for use by the Purchaser for any reason whatsoever) of the Website. All trademarks used in the Sellers Website, catalogue, brochure or pricelist belong to the Seller or to the registered proprietor of such trademarks. All rights relating to copyright, trademarks, know-how and any other intellectual property rights in materials or information on the Website are reserved to the ownership of the Seller. By continuing to use the Website the Purchaser is deemed to accept the terms and conditions of use stated herein. The Purchaser may not use the Website for any of the following purposes:

a) Disseminating of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

b) Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice.

c) Gaining unauthorised access to other computer systems.

d) Interfering with any other person’s use or enjoyment of the Website.

e) Breaching any laws concerning the use of public telecommunications networks.

f) Interfering or disrupting networks or websites connected to the Website.

g) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

 

The Purchaser will indemnify the Seller against all losses, liabilities, costs and expenses reasonably suffered or incurred by the Seller. All damages awarded against the Seller under any judgement by a court of competent jurisdiction and all settlement sums paid by the Seller as a result of any settlement agreed by the Seller arising out of or in connection with:

  1. Any claim by any third party that the use of the Website by the Purchaser is defamatory, offensive, abusive, obscene or pornographic in nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practise.

  2. Any claim by any third party that the use of the Website by the Purchaser infringes that third party’s copyright or other intellectual property rights of whatever nature.

  3. Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by the Purchaser.

Although the Seller aims to offer the Purchaser the best possible service, the Seller makes no promise that the service at the Website will meet the Purchaser’s requirements. The Seller cannot guarantee that the service will be fault free. If a fault occurs in the service the Purchaser should report it to the Seller by Email at sales@ablemarketing.ie and the Seller will correct the fault as soon as the Seller reasonably can. The Purchaser’s access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new products, facilities or services. The Seller will attempt to restore the service as soon as it is reasonably possible. Third Party Websites; as a convenience to the Purchaser, the Website may include links to other websites or material which are beyond its control. The Seller is not responsible for content on the Internet or World Wide Web pages. International Use and Users; the Seller makes no promise that material on the Website is appropriate or available for use in locations outside the Republic of Ireland, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If the Purchaser does choose to access the Website from locations outside the Republic of Ireland, the Purchaser does so on their own initiative and will be responsible for compliance with local laws. Able Marketing makes no representations or warranties of any kind, express or implied, as to the operation of the Website or product information. To the full extent possible by law, Able Marketing disclaims all warranties, express or implied regarding merchantability and fitness for a particular use. Able Marketing will not be liable for any damages due to misuse of the Website including but not limited to direct, indirect incidental, punitive or consequential damages. Able Marketing reserves the right to make changes to our Website and these disclaimers, policies, or terms and conditions at any time.

 

PASSING OF TITLE

Until full payment has been made of all sums outstanding from the Purchaser to the Seller (including debts arising before the date of this contract) the following provision will apply:-

  1. The property in the goods shall remain in the Seller;

  2. The Seller shall have legal and beneficial ownership in any new product into which the goods are converted;

  3. The Purchaser shall keep and store the goods and any new product in such a manner that they may be identified as being the property of the Seller. The Purchaser agrees that the Seller and/or his agent may at any time enter upon the Purchaser’s premises and remove the goods there from.

  4. The benefit of any contract of sale and the proceeds of any sales shall be the property of the Seller and held in trust for the Seller absolutely.

  5. The Seller may, by written notice, terminate the Purchaser’s power of sale at any time if the Purchaser goes or threatens to go into receivership or liquidation. At any time after the termination of the power of sale, the Seller may repossess the goods and the Purchaser hereby grants to the Seller and/or his agent irrevocable licence to enter upon any premises of the Purchaser’s for the purpose of so doing.

  6. Notwithstanding that the property in the goods shall not pass to the Purchaser save as that provided above, the goods shall be at the risk of the Purchaser from the time of collection by or delivery to him of the goods.

 

MISCELLANEOUS

The construction validity and performance of any contract concluded between the parties shall be governed by the laws of the Republic of Ireland and any legal proceedings in relation to such contract shall be submitted to the jurisdiction of the Irish Courts without prejudice to the Seller’s right to bring any such proceedings before the courts having jurisdiction in the Purchaser’s place of residence for business.

 

 

In these Terms and Conditions ‘the Seller’ shall mean ABLE MARKETING. ‘The Purchaser’ shall mean the person, persons or company whose name and address shall appear in the Purchaser’s written order, or on any other document concerning the contract.

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