Trading Terms
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Trading Terms
  1. All and any business entered into Sean Fagan Wholesale Limited (hereinafter called “the Company”) with any other party (hereinafter “the Customer”) is transacted subject to the Conditions hereinafter set out. Any terms or condition contained in any offer of acceptance of the customer or however sought to be incorporated into the Agreement with the Company which is contrary to or in any way inconsistent with the Conditions herein contained shall be excluded from the Agreement. These conditions over ride and exclude any representations or conditions or terms contained in any advertisement or made in any negotiations on behalf of the Company.
  2. Any expressed or implied conditions, statement, guarantee or warranty statutory or otherwise not stated herein is hereby expressly excluded.
  3. Prices quoted are acceptance within the period stated on the Quotation, if no time for acceptance is stated the prices will hold for 10 days only and must be accepted in writing within this period.
  4. All goods sold on the strict understanding that invoice price will be those ruling at date of despatch.
  5. All prices quoted are exclusive of Taxes and all invoices will be subject to the addition of all Statutory Taxes.
  6. The Company binds itself only to deliver goods in accordance with general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as an expression of the Company’s opinion in that neither behalf nor does the Company give any warranty as to the state, quality, condition or fitness of the goods which must be taken by the customer with all faults and imperfections. If the customer does not accept the goods on these terms they are at once to be returned. The Company accepts no liability whatsoever other than to return to the Manufacturer for his decision any faulty parts returned to the Company by the customer’s expense.
  7. The Company shall not be liable for any delay or the consequences of any delay in the delivering of any goods or the performance of any other if such delay shall be due to fire, strike, lock-out or dispute with workmen, inability to obtain goods or any parts or any cause whatsoever beyond the sellers control.
  8. The Company accepts no responsibility for any consequential loss or damage arising out of use by a customer of goods supplied by the Company.
  9. The description herein given of the goods has been given by the way of identification only and the use of such a description shall not constitute this a contract of sale by description.
  10. The customer receiving goods and singing for them “not examined” must notify the carriers and the Company of any damage within three days of the arrival of the goods otherwise no claim can be entertained. Claims for shortage or partial loss of goods in transit can be entertained only when within three days of receipt of goods and the Company has had an opportunity of investigation.
  11. All goods returned must have the prior authorisation of the Company, be used and in saleable condition, be accompanied by the original delivery docket and be returned within five days of receipt. All such goods returned will be subjected to a deduction of 10% re-handling charge.
  12. In the event of a cancellation of an order by the customer he shall indemnify the Company against any commitments, liabilities and expenditure reasonably and properly incurred by the Company in connection with the order.
  13. All goods shall be at risk of the customer from the date of despatch thereof from the Company’s premises the delivery thereof to the customer premises and until such delivery the rick of any loss or damage to or deterioration of the said goods from whatsoever cause arising shall be borne by the customer.
  14. The customer shall be liable for all charges incurred and any consignment of goods done by the Company on behalf of a customer shall be done as Agent for the customer.
  15. Payment shall become due on delivery of goods unless satisfactory prior arrangements are made for credit , where the Company agrees to open a Credit Account it is on strict understanding that payment is made within 30 days from date of invoice. Where credit terms are not strictly honoured the Company reserves the right to suspend deliveries and discontinue credit facilities. Over dues accounts will be subject to a credit charge of 2.5% per month.
  16. Notwithstanding that credit has hereinbefore been given for the price of the said goods the Company shall be entitled to retain possession thereof until payment in full has been received.
  17. Ownership in the goods shall not pass to the customer until payment has been made.
  18. It is a condition that goods supplied by the Company are sold to third parties on a first in first out basis and that of the Company’s products held at any one time by the Buyer relate to the most recent invoices so that all stocks of the Company’s products held are identified and are related to specific invoices.
  19. The clauses herein relating to retention of the title shall not be construed so as to constitute an agency between the company and the buyer in any circumstances.
  20. The clauses herein relating to the retention of the title do not entitle the Buyer to return goods and refuse or delay payment on the grounds that the property in such goods has not passed to the Buyer.
  21. The sale of goods Act 1893, Section 20 shall not apply to goods supplied under these conditions, such goods shall be in the Buyers risk ex-factory, warehouse or other premises used by the company as and from the date of delivery the said goods to the Buyer not withstanding the property in the said goods has not passed to the Buyer.
  22. The Company reserves the right to enter onto the customers properly to identify and take inventory of any goods supplied by the Company in the event of payment not having been received by the due date.
  23. In the case of a re-sale of the goods in any conditions or form whatsoever the customer aggress to resign to the Company at the conclusion of the supply contract and effective up to the time of the payment of all debts owing to the customer to the Company any claims against the customer which may have arisen or arise in the future from the re-sale by way of security and undertakes to notify the Company as its request of the name of Third Party debtors and of the amount of debts owing by these to the customer. So long as the customer complies with his payments obligation and no detrimental change occurs in his Financial standing the Company will not collect the debts assigned.
  24. The Company reserves and shall have the right to set off against any monies due to the Company, by the customer, any amount which may be due by the Company to said customer. This shall apply irrespective of whether the customer is in receivership or in the course of liquidation or, in the case of an individual, whether he is subject to Bankruptcy proceedings or has been declared Bankrupt or whether the customer has assigned his debts to another party.
  25. These terms and Conditions may be varied by the Company only if the variation in writing and signed by a Director of the Company.