All orders are accepted subject to Conditions of Sale and Terms & Conditions.

Definitions

“Seller” means [ACS], or any of its divisions, subsidiaries or associated companies. “Buyer” means the party seeking to purchase Goods from the Seller. “Goods” means the products sold by the Seller from time to time. “Order” means an order placed by the Buyer for the supply of Goods.

Applicability

These Terms and Conditions of Sale (“Terms”) shall be the only terms of the contract between the Buyer and the Seller and shall apply to all sales of the Goods. No other terms shall have effect unless agreed in writing by the Seller. In any conflict between these Terms and the Seller’s invoice, these Terms shall prevail.

Payment

Credit facilities are offered at the Seller’s discretion and may be withdrawn at any time without notice or explanation. For an Order value of up to € 5,000 including VAT payment in full must be made within 30 days from date of Statement. For an Order value of over €5,000 including VAT when the Order is confirmed to the Seller, payment of one-third of the total invoice value must be made before the Order can be processed (“Due Date 1”). A further payment of one-third of the total invoice value is to be made once the Goods have been delivered and installed (“Due Date 2”). The final payment of one-third of the total invoice value must be made within 30 days of installation (“Due Date 3”). You may pay the Seller by cheque, draft or EFT to the Seller’s bank account, to provide the Seller with cleared funds on or before the appropriate Due Date. Cheques and drafts should be made payable to ACS and crossed “& Co.” Time is of the essence for the purpose of payment. The Seller may charge interest on overdue accounts in accordance with and at the rate provided by the European Communities (Late Payment in Commercial Transactions) Regulations, 2002. Failure to meet these payment terms will result in all monies owed by the Buyer to any member of the group of companies of which the Seller is a part becoming payable immediately on demand, and the Seller shall have the right to levy administration charges. Charges are twenty Euro for any dishonoured payment plus any legal or other costs that the Seller incurs in pursuing or enforcing any legal or debt recovery action.

Delivery

Free delivery on all stationery orders above 75€, orders below 75€ may be subject to a charge. Every reasonable endeavor will be made by the Seller to meet Delivery dates given by the Seller but the Seller shall not be liable for the consequences of any delay. When the Buyer specifies Delivery is to be made in instalments, each instalment shall be deemed to be a separate contract. The Buyer shall use all reasonable endeavours to accept Delivery in accordance with any agreed delivery schedule and if the Seller requests, assist with the unloading of any Delivery. Where it is agreed that the Buyer will collect the Goods from the Seller or Seller’s agent, Delivery shall be deemed to take place at the time that the Goods are made available for collection. The Buyer must check that the quantity and specifications of Goods delivered correspond to the relevant Order before signing any delivery note. The signature of the Buyer or its authorised employee or agent of the delivery note or similar document is conclusive evidence of the Buyer’s inspection and acceptance of the consignment as being for the correct amount and free from damage visible on inspection. In all other cases, written claims for damage, short delivery or other delivery error must be given to the Seller within three working days of Delivery. The Buyer shall retail damaged goods for inspection.

Prices

All Orders are accepted subject to the prices and terms in force at the time the Order is delivered, unless agreed otherwise in advance. Prices are quoted exclusive of  V.A.T. (where applicable). Prices are subject to change without notice.

Risk and Title

Risk in the Goods will pass to the Buyer or his agent at the time of Delivery of the Goods. Title in the Goods will not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are or become due to the Seller from the Buyer on any account. From the point of Delivery until title passes to the Buyer, the Buyer shall hold the Goods on a fiduciary basis as the Seller’s bailee. The Buyer must take proper care of the Goods to prevent any deterioration of them and must keep the Goods free from any encumbrance. If payment for any Goods is overdue in whole or part, the Seller may (without prejudice to any of the Seller’s other rights) suspend Delivery of any Goods ordered. The Seller reserves the right to repossess any Goods held by the Buyer for any reasonable cause. The Buyer irrevocably grants to the Seller such right, licence or waiver as may be requisite to enable the Seller, its employees or agents to enter for that purpose the premises where the Goods are situated.

Intellectual Property Rights

All intellectual property rights in the Goods are reserved by the Seller and the Buyer agrees that the Buyer will not alter or remove any trade mark or label or otherwise interfere with the Goods.

Termination

If the Buyer shall be in breach of any of these Terms, becomes bankrupt, or being a company goes into liquidation (whether voluntary or otherwise), or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof or is overdue in settlement of its debts, the Seller at its sole discretion may terminate this contract with immediate effect but without prejudice to the rights of the Seller accrued prior to such termination.

Governing Law & Jurisdiction

These Terms will be governed and construed according to the laws of the Republic of Ireland. The Buyer submits to the exclusive jurisdiction of the Irish Courts.

Acceptance

The placing of an order for goods shall be deemed to be acceptance by the Purchaser of these terms.

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