1. Interpretation
Supplier: Gaynor Pears Motor Factors Unlimited trading as J&S Automotive Distributors registered in Ireland no. 61033 based at Unit 17, Park West Road, Park West, Dublin 12, Ireland.
Customer: the person who purchase the Goods.
Goods: the Goods ordered by the Customer from Supplier, in an order which has been accepted by the Supplier.
2. Property of Goods
All Goods supplied to the Customer shall remain the property of the Supplier until the entire of the purchase price, therefore by the Customer to the Supplier, has been paid in full and until such payment, the Customer shall hold all Goods supplied hereunder and all Goods incorporating the same in trust for the Supplier.
If any amount owing by the Customer to the Supplier is overdue the company may, without prejudice to any of its other rights or remedies, whether at law or under the provision of these terms and conditions of sales, repossess or resell any or all of such Goods and may with or without the Customer’s permission enter upon the Customer’s premises for the purpose.
The provisions of this clause shall not entitle the Customer to refuse or delay payment on the grounds that the property in the Goods Supplier may not have passed on.
3. Delivery Date
The Supplier shall use reasonable efforts to meet any stated delivery date on the day of purchase, but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.
Delivery Location: Delivery shall be at the Customer’s premises stated on the purchase order, unless otherwise agreed.
4. Risk
The risk on all Goods purchased shall pass to the Customer upon dispatch. Dispatch is deemed made when the Goods are made available to the Customer. The Supplier cannot be made responsible for delivery and uploading of the Goods at the point of delivery. In the event of Goods being returned by the Customer, the risk remains with the Customer until the Goods are delivered to the Supplier.
5. Force Majeure
In the event of the performance of an obligation accepted by the supplier being prevented, delayed or in any way being interfered with by any cause beyond the supplier’s control, the supplier may at its option suspend performance or cancel its obligations under the contact without for any damages or consequential loss resulting therefrom, such suspension or cancellation being without prejudice to the supplier’s right to recover all sums owing to it in respect of costs incurred to date.
6. Price
The price of Goods is the price given to the Customers from the Supplier by the day of purchase. Supplier cannot make responsible for prices changes on price queries given from the Supplier to an early date than the purchase date. It is the responsibility of the Customer to verity the prices at the time of ordering.
7. VAT
Unless expressly quoted as including VAT, all prices are exclusive of value added tax (VAT) or any other government taxes or duties which, if applicable, shall be paid by the Customer.
8. Time of Invoice
The Supplier may invoice the Customer upon dispatch of the Goods.
9. Payment Terms
Unless the Supplier agrees to supply the Goods on credit, payment shall be made upon receipt of the Goods. Where the Supplier agrees to supply the Goods on credit, the Customer shall make all payments due to the Supplier within the Terms agreed, by cheque or via direct transfer method. For clarification on your payment terms please contact Judy McGillicuddy @ 01-629 7916 or ask your J&S Sales Representative.
The Customers shall make all payments in Euro.
10. Returns, Warranty and Claims
All shortage, damage, defects or non-delivery of Goods must be reported immediately to the Suppliers Sales Team. By short supply or non-delivery of Goods the J&S Sales Team may be able to deal with your query almost immediately.
Goods must be returned in a condition of merchantable quality. Single boxes should not exceed 20kg due to health and safety concerns. Any items not conforming with this will either be returned to the customer or subject to a re-boxing charge. Goods must have been originally purchased from J&S AUTOMOTIVE. Goods not purchased from J&S will be returned to the customer. There will be a return charge of €6.95 for these goods. Goods returned after 30 days from date of purchase may be subject to a handling charge as stated on all invoices. This is an automated charge of 12% of the value of the item. Goods returned after 6 months, one year, and thereafter, will be subject to a higher handling charge. A 12% handling charge will be applied on all JLM, Liqui Moly, Granville and liquid products. A 30% handling charge will be applied to all Arnotts products. Goods returned under warranty must be accompanied by completed warranty paperwork and identified with a J&S Yellow Warranty Returns Label. Warranty items must be authorised by our Returns Team prior to returning. In the case of a labour claim, you must contact your Area Manager and/or our Returns Team. Any goods returned which do not meet all of the above criteria will be refused and returned to the customer. Returns Books, Warranty Returns Books, and all Returns Labels are available at request from our Returns Team. Warranty Register and Warranty Labour Claim forms are available on www.jsautomotive.ie in digital and printable format. A full version of the Returns Policy for J&S can be found under the ABOUT US section on www.jsautomotive.ie
11. Liability
No representation is given as to the specification, performance or otherwise of the Goods sold, nor is any assurance given as to the liability of any data included in any publications such as catalogue, price list and marketing material. While every effort is made to ensure that all publications are correct, no responsibility can be accepted for errors especially on publications including prices as we are constantly reviewing our prices to provide our Customers with the best value (subject to clause 5)
12. Reservation of Title
The ownership of all goods sold by the supplier to the customer shall remain with the supplier until all debts due to the supplier from the customer have been discharged in full. This shall not preclude the customer from selling the good to a third party in the normal course of business and delivering them subject to the condition that as long as the customer has not fully discharged any debt of J&S Automotive Distributors, J&S Automotive Distributors shall be entitled to pursue any claims the customer has against the purchaser emanating from that transaction. On appointment of a receiver or commencement of proceedings for bankruptcy or the winding up of the business of the purchaser, the supplier’s representative or agents may repossess or trace any goods or the proceeds of sales or insurance in the purchaser.
13. Consequential Loss Etc.:
Subject to Clause 21, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sales, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damage.
14. Non-Excludable Liability
Nothing in these conditions of sales shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, or shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a customer.
15. Application
These terms and condition of sales shall apply to any purchase of Goods under an order which is accepted by the Supplier.
16. Governing Law
These conditions of sale shall be governed by Irish law.