TERMS AND CONDITIONS OF SALE of: EDHHD Trading Limited T/A as Irish Electronics
1.1 "The Company" means EDHHD Trading Limited t/a Irish Electronics
1.2 "the Customer" means the person to whom the Company may agree to sell goods in accordance with the Company’s standard conditions of sale.
1.3 “The goods" means the articles or things or any of them or any part of them to be provided by the Company in accordance with the Company’s standard conditions of sale.
2.1 All orders are accepted and goods supplied subject to the following express terms and conditions (the Company's Standard conditions of sale) which constitute the entire understanding between the parties and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other inconsistent conditions, warranties and representations applied by law or trade custom, practice or course of dealing or otherwise. Except as to title, are hereby excluded.
2.2 Any order placed by a customer shall constitute an offer to contract upon these express terms and conditions and no addition there from or variation therefrom whether contained in the Customer's order, in any prior promise, representation, undertaking or understanding of any kind or otherwise. Shall apply unless expressly agreed in writing by the Company's authorized representative.
3.1 The price is inclusive of VAT and is based on costs current at the date of order acknowledgement or the date of the Company's quotation if earlier
3.2 The cost of delivery is not included in the price and will be separately charged.
3.3 Catalogues. Price lists and other advertising literature or material as used by the Company are intended only as an indication to price and range of goods offered and no prices. Descriptions or other particulars contained therein shall be binding on the Company.
Sales orders are subject to availability of the goods and to written acceptance by the Company’s authorized representative and there shall be no binding agreement between the parties until such acceptance Any prior confirmation by the Company by facsimile web‑site, e‑mail or
Telephone shall be deemed to be provisional only.
5. Carriage and Delivery
5.1 Except as previously agreed in writing by the Company, prices do not include delivery charges to the Customer and the Company reserves the right to levy charges for delivery to any destination advised by the Customer.
5.2 The Company may make delivery by installments unless otherwise agreed in writing. Each delivery shall constitute a separate contract and failure by the Customer to accept or pay for any installment may be retreated by the Company to deliver any one or more of the installments or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the relevant contract as a whole as repudiated.
5.3 The Company shall be under no liability to the Customer in respect of any Shortages in quantities delivered against order or in respect of goods damaged in transit before delivery unless full details of such alleged Shortages or damages is notified to the Company
In writing within three days of delivery.
6.1 Unless otherwise agreed. Full payment must be received in our bank prior to dispatch of goods. Payment must be made by the following means: Telegraphic Transfer, Bank Draft, Credit Card, and Company Cheque.
6.2 The Company reserves the right to apply a surcharge for Credit Card, Charge Card and PayPal Payments.
6.3 The Company reserves the right to charge for any omission or additional cost arising from the provision of inaccurate, misleading or insufficient information by the Customer.
7. Transfer of Property
7.1 The property in the goods shall remain in the Company until the Company has received payment in full for the goods and all other indebtedness of the Customer to the Company.
7.2 so long as the property in the goods remains in the Company, the Company shall have the right without prejudice to the obligation of the Customer to purchase the goods to retake possession of the goods (and for that purpose to go upon any premises occupied by the Customer). Nothing in this condition shall confer any right upon the Customer to return the goods sold hereunder. While the Company may maintain an action for the price notwithstanding that property in the goods may
Not have passed to the Customer.
8.1 Three months warranty is applicable to the following products: CPU’s and Memory Modules. One years warranty applies to: All goods unless otherwise stated. The Company reserves the right to vary the warranty in writing prior or delivery. Warranty will become VOID in the following circumstances: ( I ) if labels are removed. (2) Pins bent in IC’s (3) damage caused to the product
8.2 Unless otherwise notified in writing to the Customer, the Company warrants to the Customer that the Goods will be free from defects in material and workmanship for a period of a year from the date of receipt there of by the Customer subject to the following conditions:
8.2.1 Any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company's approval;
8.2.2 The Company shall be under no liability under the above warranty, or otherwise, if the total price for the goods has not been paid by the due date of payment.
8.2.3 The Company shall be under no liability under the above warranty, or otherwise unless he receives written notice that the goods are defective within 14 days of such defect becoming known to the customer.
If any Goods are or become defective in accordance with section (8) herein, the Customer must obtain an RMA (Return Merchandise Authority) number from the Company, please have ready the invoice number related to the faulty product. The RMA number will be valid for a period of seven days from the date of issue by the Company. The Company reserves the right to refuse delivers of Goods after this period. The Customer may have to bear any losses due to price erosion or obsolescence if goods are returned after the seven days. Any Goods returned must have the RMA number marked clearly on the package. The products must be returned in original undamaged packing together with all original materials. Partly returned products or in non‑saleable condition, the Company reserves the right to charge the cost to the Customer of bringing the product to a saleable condition ‑ or a like for like swap-out will he carried out. The Company reserves the right to refuse delivery of any goods returned without an RMA number. It is the Customers responsibility to return the Goods at their cost. All goods are returned at the Customers own risk. The Company will bear the cost of returning the repaired or replacement Goods. The Customers will be charged for inspecting and testing when returned items are found to have no problems or defect. The Company reserves the right to inspect or test all D.O.A products, no replacement or exchange if the returned product is found to meet and function at the manufacturer's specification.
10. Exclusion of Liability
10.1 Save as expressly provided in condition 8. the Company shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or willful default of the Company or its servants or agents arising out of or in completion with the Goods or the contact, all conditions, warranties or other terms whether express or implied, statutory or otherwise are hereby expressly excluded.
10.2 if it should be held by a court of law in relations to any claim that paragraph above is not effective, shall be limited to the reasonable cost of remedying the breach provided that the Company shall first be afforded the opportunity of carrying out such remedial work.
10.3 Any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
10.3.1 Any liability of the Company for breach of is implied undertakings as to title and
10.3.2 Where the Customer deals as consumer, any liability of the Company for breach of its implied undertakings as to conformity of the goods with description or sample or as their quality or fitness for a particular purpose.
11. Software Programs
11.1 Copyright software programs supplied by the Company (whether independently of or in conjunction with the Goods) shall remain vested in the Company or the owner thereof (as the case may be). The Customer shall not reproduce or adapt such software programs (in whole or in part) without the Company prior written consent.
11.2 The Company makes no warranty that Software programs shall be free from errors or viruses
And no warranty or conditions shall be implied to that effect.
12. Force Majeure
The Company shall not be under any liability of whatsoever kind for non‑performance in whole or in part of its obligation under the contract due to causes beyond the control either or the Company or the Company's suppliers including but not limited to war (whether an actual declaration is made or not), sabotage, insurrection, riot or other act of any Civil Disobedience, Acts of the Customer or a third party, failure or delay in transportation, acts of any Government or any agency or subdivision thereof, Government regulations. judicial actions, labour disputes, strikes embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to the Company or the Company's supplier or shortage of labour, fuel, raw materials or machinery or technical failure. In any such event, the Company may, without liability, cancel or vary the terms of the contract including but not limited to, extending the time for performing the contract for a period at least equal to the time lost by reason or such event.
13. Breach and Financial
Conditions of Customer
If any of the Customer's obligations to the Company under this or any other contracts are not fulfilled or if the Customer's financial condition at any time does not in the Company's unfettered judgment, justify continuance of the contract on the terms of payment specified, the Company may, without prejudice to any other rights it may have, cancel or suspend any outstanding order or any delivers or manufacture of any of the goods unless the Customer makes such payment for any of the goods ordered as the Company may require.
If an order or delivery is so cancelled or suspended by the Company, the Customer shall indemnify the Company on demand against all losses (including loss of profit) costs (including the costs of all labour and materials used and overheads incurred) damages, charges and expenses arising out of the order and the cancellations of suspension thereof (the Company giving credit for the value of any such materials sold or utilized for other purposes).
The Customer shall comply with all instructions of the Company and all legislation in relation to the use, processing, storage and sale of goods and shall indemnify the Company against any cost, claim,
Demand, expenses or liability which the Company may incur arising out of, or in connection with such use, processing, storage or sale.
1 5. Assignment
The Customer shall not assign or transfer or purport to assign or transfer the contract or the benefit thereof to any other person.
16. Sub Contracts
The Company reserves the right to sub‑contract the performance of contract or any part thereof.
In the event of a dispute arising which is not satisfactorily resolved the Company reserves the right to appoint an Arbitrator.
18. Proper Law and Jurisdiction
The contract shall be governed by and construed in accordance with Republic of Ireland law and the Courts of the Republic of Ireland shall non‑exclusive jurisdiction to hear all disputes arising in connection with the contract.
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof: