Terms & Conditions
Conditions of Sale
These conditions of sale constitute the entire agreement between Walkair Limited (the supplier) and the customer, they override all other conditions including conditions stipulated by the customer and cannot be altered otherwise than by agreement in writing.
2. Statutory Rights
The provisions of these general conditions of sale shall not prejudice any right to which the customer, were it not for these conditions of sale, will be entitles by virtue of section 12, 13, 14 and 15 of the Sale of Goods Act 1893, as amended, save only to such extent as may be permitted by law in relation to any particular sale.
A quotation is not an offer and any order given in respect of a quotation shall not be binding on the supplier until accepted by the supplier in writing. Acceptance by the supplier shall be deemed to include acceptance of these conditions which shall form the conditions of the contract and shall apply to the exclusion of any terms or conditions put forward on behalf of the customer.
4. Price & Specifications
All quotations are given at current prices, but are subject to alterations without notice in accordance with prices ruling at date of despatch. The supplier reserves the right to alter prices of the goods or the specifications, types or models of the goods at any time without notice to the customer.
While the supplier shall use its best endeavours to adhere to any stated or estimated despatch, delivery, installation or completion date, no liability is accepted by the supplier for any loss, damage or expense resulting from any delay in same howsoever arising.
The supplier must be notified in writing, within three days of receipt of goods, of any claim in respect of damage or non-conforming goods or short delivery, and in the case of non-delivery within five days of receipt of invoice.
7. Terms of Payment
Prices quoted are net ex-works unless otherwise stated. V.A.T where applicable will be added at the rate ruling at the date on invoice. Payment is due within 30 days from the date of invoice. Interest at the rate of 1.5% per month or part of month shall be paid on all amounts outstanding after the due date.
8. Risks & Reservation of Title
The risk in the goods shall pass on delivery to the customer or carrier whicHever is the eariler. Property in and title to the goods shall pass to the customer on payment in full to the customer of all sums payable in respect thereof. Until such time the goods remain the absolute property of the supplier and the customer shall keep the goods in such a way that they are readily identifiable as the property of the supplier and ensure that the same are properly stored, protected and insured and shall allow the supplier to enter onto its premises and to re-possess such goods at its entire discretion.
The supplier gives no warranty in respect of the goods other than such warranty, if any, as is given by the manufacturer of the goods. In the event that a warranty applies to the goods, such warranty shall cease to be valid if the goods are repaired, altered or applied for a purpose for which the goods were not designed, or installed or applied in a manner which is not in accordance with the instructions or recommendations given by the manufacturer of the goods.
The customer shall indemnify the supplier in full against all claims, demands, damages, penalties, costs and expenses awarded against or incurred by the supplier as a result or in connection with any claim against the supplier by any third party to include but not by way of limitation the infringement of any intellectual property right of whatever nature.
The customer shall not assign or transfer or purport to assign or transfer to any other person the contract with the supplier or the benefit thereof or the benefit of any condition, warranty or guarantee or other terms or condition (express or implied) forming part thereof or relating to the goods without the prior written consent of the supplier.
The contract between the supplier and the customer shall be subject to and construed in accordance with the laws of the Republic of Ireland.