Ballygarvan Stonecraft and Paving Company
Tel: 021 488 8205
With over 35 years of experience in this business we have learned what is possible and feasible and what is not. Sometimes the expectations of customers are impractical and it is very important for all our customers to make themselves aware of our terms and conditions, so as to avoid any misunderstandings that could arise. At all stages we endeavour to produce and provide the best service and product range. However, we do not make the claim of perfection Sometimes our best efforts may not meet everyone’s expectations. We always appreciate feedback from our valued customers. See the following links to our terms and conditions pages.
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General Terms and Conditions
In these terms and conditions of sale the “Seller” means Ballygarvan Stonecraft and the “Buyer” means the person, firm or company purchasing the goods from the Seller.
1. The risk in the goods shall remain with the seller until the point of delivery stated in this contract, thereafter the risk shall be with the buyer notwithstanding clause 2.
2. Notwithstanding the passing of risk in the goods at the time of delivery, the title of the goods shall not pass to the buyer until the buyer shall have discharged all sums due by the buyer to the seller on the date of the handing over of possession of the Goods, whether such sum shall be due on foot of the transaction or transactions. In default of payment the seller shall be entitled to repossess all goods without notice and the Buyer hereby authorises the Seller to enter its property in order to attract such repossession in such event.
3. The buyer acknowledges that the nature of the raw materials and processes involved in the production of pre-cast concrete products are such that they are liable to vary in colour or texture or size or shape or occurrence of minor defects. Samples which are provided for the purpose of selection are indicative of the type of goods quoted for and no guarantee of appearance or quality is given or implied. The seller’s printed catalogues, specifications, etc., are for general guidance only and particulars contained therein shall not constitute representations by the seller, and the seller shall not be bound thereby.
4. The seller cannot guarantee that all deliveries will be identical in colour or texture or size or shape or occurrence of minor defects as the properties of pre-cast concrete products are likely to vary as a result of change in raw materials and process variation. It is advisable to inspect the goods prior to offloading from our delivery vehicles as the return of off loaded goods will incur a collection, re-delivery and re-stocking charges of 30%. A waiting period may then apply.
5. The seller shall not be under any liability for loss or damage resulting from advice or representations given in good faith by the seller, it’s employees or agents regarding estimates or quantities or regarding time of delivery, the use, performance or suitability of it’s goods.
6. The seller’s liability for defective goods is strictly limited to free replacement of the goods. In no circumstances whatsoever shall the seller be liable in contract or tort to a set-off or otherwise for any consequential or indirect damage or loss howsoever caused. No liability for defects will be accepted by the seller if the defect has been caused by the buyer.
No complaint regarding appearance, size or shape will be considered after the product has been installed. No claim shall be entertained by the seller in respect of general weathering of goods supplied.
7. 1 Other than where it is agreed that the buyer shall collect the goods from the seller, the seller shall not be liable for damage in transit, shortage or delivery or loss of goods in transit. In all cases of claims by buyers for goods allegedly damaged in transit or otherwise defective, the allegedly faulty goods must be held for examination by the supplier’s representative.
7.2 Notwithstanding Clause 8, the seller will not be liable for any claim arising out of events howsoever occurring after the risk has passed to the buyer.
8. No representation or warranty is given as to suitability or fitness of the goods for any particular purpose and the buyer shall satisfy itself in this respect and shall be totally responsible therefore. The buyer expressly acknowledges that for all purposes the ability and expertise of the buyer in the use of the goods in evaluating any description of or information as to the goods is equal to that of the seller and the buyer has not relied on the skill and judgement of the seller in selecting the goods for any purposes.
9. Time of delivery shall not be of the essence. The seller will make all reasonable efforts to adhere to the agreed delivery programme, if any (subject to satisfactory processing and manufacturing of the goods). The seller shall not be liable for any losses, costs, damages or expenses suffered by the buyer or any other person, howsoever arising, whether caused directly or indirectly out of any failure to meet the date of delivery. Where the seller does not deliver the goods, the buyer on collecting the goods at the supplier’s premises will be required to sign a Sales Docket from before departure. Delivery of all orders shall be contingent upon strikes, fires, accidents or other causes beyond our control.
10. The buyer will provide safe and unrestricted access to the delivery address on hard roads suitable for heavy vehicles for the purposes of off-loading and undertakes to ensure that there is adequate level stocking area for the purpose. The buyer undertakes to re-imburse the seller for any demurrage charges incurred as a result of delays in unloading. Any packaging supplied is intended for delivery to site and off-loading only. It is not designed for onward transportation on or from site and the buyer is responsible for any subsequent movement of goods.
11. The Seller accepts no responsibility for damage to gates, gate piers, walls, manholes, water, sewerage, gas mains, driveways, etc or on approaches to or on site while delivering loads.
12. The buyer is responsible for unloading the goods once delivered to the delivery address unless at the seller’s discretion the delivery vehicle used is fitted with a mechanical device for unloading. The buyer is required at all times to provide sufficient labour for off-loading the Goods from the Sellers vehicles. Labour provided for this purpose shall be at the risk of the Buyer. The Buyer shall be responsible for employer;s liability and public liability insurance in respect of the labour. Any claim for injury or otherwise shall be the liability of the Buyer. In cases of supply and delivery to site only, the Seller’s lorry crews are not obliged to do more than off-load the Goods as near as possible to the delivery vehicle.
13. The seller will not be bound by any clerical or arithmetical errors occurring in any tender, quotation, invoice or statement of account issued by it.
14. The buyer shall indemnify the seller against any loss, injury, damage expense or claim of whatsoever arising out of the storage, installation, use, operation or maintenance of the goods once the risk has passed to the buyer.
15. Except in respect of damage or injury to a person or injury to a person other than the buyer or property not belonging to or in the occupation or possession of the buyer, the liability of the seller shall in no case exceed the value of the order.
16. Should any dispute or difference arise between the Seller and the Buyer, such dispute or difference shall be referred to an Arbitrator to be agreed by the Company and the customer, and the award of such arbitrator shall be final and binding upon the parties.
17. If for any purpose at any time the Buyer, or, any representative of the Buyer, shall mount any of the sellers Delivery Vehicles he does so at his own risk entirely and the Seller accepts no responsibility whatsoever in any event.