General Terms and Conditions of Sale and Supply

1. Scope and your statutory rights

The following General Terms and Conditions of Sale and Supply form part of the contract between Flanagan Kerins and the customer. Amendments to these General Terms and Conditions of Sale and Supply may only be made in writing by Flanagan Kerins.

If you are buying as a consumer, nothing in these terms affects your statutory rights, including your rights under the Consumer Rights Act 2022. If any term conflicts with those rights, your statutory rights apply.

2. Offers / Conclusion of contract

Offers made by Flanagan Kerins are without obligation in respect of prices, quantities and delivery dates. The contract exists to the extent that Flanagan Kerins has confirmed in writing its acceptance of the order or accepts the order through the delivery of the goods.

3. Prices and terms of payment

Unless otherwise specially agreed, prices are ex-works Flanagan Kerins, Bray, as per quotation. (Delivery terms and conditions are set out in item 4.) Invoices are payable immediately and without deduction. Payments are not considered to have been made until cleared funds are available in Flanagan Kerins's bank account. Flanagan Kerins reserves the right to apply payments by the contracting party in settlement of the oldest invoice items outstanding plus default interest and costs. Payment will be applied in the order of costs, default interest, principal claim. A right of retention on the part of the contracting party is excluded. The contracting party may set off claims against Flanagan Kerins only if these claims are accepted by Flanagan Kerins or recognised by declaratory judgment.

4. Deliveries

Delivery is ex works Flanagan Kerins, Bray, Co. Wicklow. Unless definite fixed delivery dates or a definite period of delivery are expressly agreed in writing in individual cases, the dates or periods of delivery quoted shall be regarded as guidelines which Flanagan Kerins will endeavour to comply with. Exceeding these dates or periods shall not constitute any default on the part of Flanagan Kerins. Alternatively, in the event that delivery dates / delivery periods are expressly agreed, the delivery period shall commence upon dispatch of the order confirmation, however not before the documents, permits and approvals to be furnished by the contracting party are to hand and any agreed advance payment has been received. The delivery period shall be regarded as complied with provided that, prior to its expiry, the contracting party shall have been notified that the delivery item is ready for dispatch. The delivery period shall be appropriately extended in cases of force majeure such as, for example, industrial disputes, in particular strikes and lockouts, fire, flood, want of energy, raw materials or process materials, official injunctions or other impediments for which Flanagan Kerins is not responsible. This shall likewise apply in the event that such circumstances afflict subcontractors to Flanagan Kerins. Should Flanagan Kerins be in default in the performance of the service it has committed to deliver, the contractual partner's claim for compensation shall be governed, mutatis mutandis, by section 11 of these terms and conditions. Flanagan Kerins reserves the right, should the manufacturer or supplier change the design and shape or change the scope of the delivery or vary the colour tone up to the time of delivery, to change the order provided however that such changes and variances are reasonable from the point of view of the customer, due regard having been paid to Flanagan Kerins's interests.

Where the customer is a consumer and no delivery date has been agreed, Flanagan Kerins will deliver the goods without undue delay and in any event within the period required by law.

5. Reservation of title

The goods delivered by Flanagan Kerins (reserved goods) remain its property until its full claims under the purchase agreement against the contractual partner are fulfilled.

Until ownership of the goods has passed from Flanagan Kerins to the contracting party, the contracting party will: store the goods (at no cost to Flanagan Kerins) separately from all other goods and goods of any third party in such a way that they remain readily identifiable as Flanagan Kerins's property; not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Flanagan Kerins's behalf for their full price against all risks to the reasonable satisfaction of Flanagan Kerins. On request the contracting party shall produce the policy of insurance to Flanagan Kerins, and hold the proceeds of the insurance on trust for Flanagan Kerins and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

6. The parties' financial condition

Should it become apparent for Flanagan Kerins after the conclusion of the contract that the entire performance of the contractual obligations of the contracting party are at risk due to the lack of capacity, Flanagan Kerins shall be authorized to refuse any previous performance of its contractual obligations, unless and until such time the contracting party provides any and all consideration owed under the contract or gives security in the form of a deposit of the respective money amount for the benefit of Flanagan Kerins. Flanagan Kerins is entitled to terminate its contractual obligations to the contracting party without any further liability, as far as the contracting party does not comply with the order to perform the consideration or to achieve the security contemporaneous performance for the performance during a reasonable period of time determined by Flanagan Kerins. Flanagan Kerins is entitled to withdraw from the contract without setting a final deadline or to terminate the contract without notice in the event the contracting party shall become insolvent or over indebted or insolvency proceedings are initiated. In case of withdrawal from the contract or termination, the contracting party shall remain obligated to compensate Flanagan Kerins for any and all resulting damages associated with non-performance and termination hereunder.

7. Assignment of debts

The contracting party is not entitled to assign his debts or to have them collected by a third party without Flanagan Kerins's prior written consent, which may not, however, be unreasonably withheld. Should the contracting party assign his debts to a third party without Flanagan Kerins's consent, the assignment is nonetheless valid. Flanagan Kerins may, however, make payment to the contracting party or the third party at their discretion with the effect of discharging the debt.

 

8. Faulty or non-conforming goods

If goods supplied by Flanagan Kerins are faulty, damaged or not as described, consumers have rights under the Consumer Rights Act 2022. These rights apply in addition to any guarantee or warranty, and nothing in these terms limits them.

If a lack of conformity becomes apparent within 12 months of delivery, it is presumed to have existed at the time of delivery unless Flanagan Kerins can show otherwise. Depending on the circumstances, a consumer may be entitled to cancel the contract and receive a full refund (where the goods are returned within 30 days), to repair or replacement of the goods, or to a price reduction or to terminate the contract and receive a refund.

There is no fixed number of days within which a consumer must tell Flanagan Kerins about a fault. We ask that you contact us as soon as reasonably possible so that we can resolve the matter quickly, but a delay in notifying us will not affect your statutory rights. Please contact us at web@flanagankerins.ie or 01 281 3338 before returning any goods, so that we can arrange collection or return.

For customers who are not consumers (business customers), defects should be notified to Flanagan Kerins in writing promptly after delivery, or after discovery in the case of concealed defects, together with the necessary documents. Goods which are the subject of a complaint may be returned to Flanagan Kerins only when approved in writing by Flanagan Kerins.

9. Warranty

In the event of defects Flanagan Kerins will carry out rectification or supply a replacement, subject always to the statutory rights of consumers described in clause 8, including the right to choose among the remedies available under the Consumer Rights Act 2022. Claims by a business customer to compensation for expenses incurred in conjunction with the subsequent performance, in particular transport, travel, labour and material costs, are excluded where such expenditure is increased because the defective delivery item has been transferred to a location other than the contracting party's premises which does not accord with its evident purpose. Warranty claims are likewise excluded if defects are attributable to the contracting party in consequence of a breach of operating, maintenance or installation instructions, unsuitable or improper use, incorrect or negligent treatment, overuse, natural wear and tear, or incorrect repair.

10. Extent of warranty

Flanagan Kerins's warranty extends to all parts of the product supplied, as well as any modifications of the fittings and to all specially designed product components for a period of one (1) year from date of delivery and acceptance. Reasonable wear and tear should be allowed for by the customer. This warranty is in addition to, and does not replace or limit, a consumer's statutory rights.

11. Liability

Subject to the following paragraph, Flanagan Kerins shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law, including a consumer's rights under the Consumer Rights Act 2022.

12. Nature and quality

The nature and quality of the goods supplied shall be as specified in the product descriptions and specifications issued by Flanagan Kerins. For consumers, goods must also conform to the requirements of the Consumer Rights Act 2022, which may take into account public statements made about the goods, including in advertising. Advice both verbal and written is given by Flanagan Kerins to the best of its knowledge and belief. Such advice is non-binding and does not exempt a business customer from the need to independently verify that the goods supplied are suitable for the intended processes and purposes.

13. Applicable law & Jurisdiction

These General Terms and Conditions of Sale and Supply will be subject to the laws of Ireland and the Irish courts will have jurisdiction in respect of any dispute arising from the contract. This does not affect any mandatory consumer protection rights you may have.

14. Severability

Should any individual provisions among these General Terms and Conditions of Sale and Supply be or become invalid, the validity of the remaining provisions hereof shall in no way be affected.