General sales conditions
Article 1: General and applicability
In the General Terms and Conditions of Sale, the following definitions apply:
- CLIENT : the party placing the order
- CONTRACTOR : Funeral supplies Donegal
- assignment(s) or agreement(s) : agreement(s) of assignment(s) whereby the CONTRACTOR undertakes vis-à-vis the CLIENT to perform works with a view to providing services or selling goods in particular.
Unless otherwise agreed in writing, each agreement is governed by the following general terms and conditions, which the CLIENT declares to have taken cognizance of and to accept.
Article 2: Deliveries
Any proposal for an order, noted or received by our company or by its representative, commits us only after our written confirmation. From that moment on, the order is considered final.
Article 3: Delivery term and modalities
Unless expressly provided to the contrary, the delivery period is not a deadline. The delivery period is only stated as an indication and is not an essential condition of the contract. Failure to meet this term cannot give rise to dissolution for the client or to claim compensation.
Article 4: Risk transfer
The goods travel at the risk of the client.
Article 5: Retention of property
Without prejudice to the provisions of Articles 3 and 4, the goods remain the property of the contractor until full payment of their price.
Article 6: Acceptance
The goods will be considered accepted if no complaint is lodged by registered letter within 8 days of their receipt.
Article 7 : Conformity of execution
The conformity of execution is only guaranteed subject to a customary tolerance.
Article 8 : Complaints, cancellation and return
Complaints other than those relating to invisible defects are of no value if they are not formulated by the customer by registered letter within 8 days of receipt of the goods. Are regarded as visible defects, all defects that are observable upon inspection, even carefully, of the delivered merchandise, but without resorting to unusual, special means of inspection, such as examination of the wash fastness, shrinkage resistance, color fastness,etc. Lack of conformity with regard to sizes and colours, defects in cut and presentation of the merchandise are expressly and in all cases regarded as visible defects. In the event that the made-up raw material should show an invisible defect that enables the client to submit a complaint to the tailors, the tailors would therefore be forced to take action against the manufacturer and/or seller of the raw material in question. In such a hypothesis, the customer undertakes to provide the fabricator with all elements concerning the damage he suffers, such that the fabricator can submit a complaint to the manufacturer and/or seller within the shortest possible time with a view to repairing the damage suffered by the parties involved. No return shipment may be made without the prior written permission of the contractor, on the understanding that this permission does not imply any harmful acknowledgment for the latter. This possible return will be at the risk of the customer. The recourse against the contractor, in the event of a complaint, is limited to the amount of the invoice for the order concerned.
Article 9 : Payment conditions
Payment must be made no later than the last contractual day, without any deduction of costs or discounts for which no credit note or other proof from the contractor exists on the due date. If the contract does not provide for any payment method, it is considered that payment must be made at the latest within 30 days. The drawing of a bill of exchange or any other arrangement does not novate or deviate from the clause of this Agreement. Failure to pay one of the invoices on the stated or contractually foreseen due date makes all the claims due by operation of law, even those that have not expired. The merchandise is payable at the contractor’s home. Any late payment obliges the client, by operation of law and without notice, to pay interest of 15% per year, without prejudice to any compensation.
In the event of non-payment on the due date of the invoice, the contractor reserves the right to proceed with the collection of the principal amount, increased by interest and costs, by means of a bill of exchange, accepted or not, a receipt card, a receipt, on the understanding that the costs arising from these collections will be borne by the client. If the invoice has not been paid on the due date, the client will owe the contractor a compensation equal to 15 days after the sending of a reminder by registered letter and without prejudice to the preceding paragraph, by way of additional costs. % of the amount of the invoice, with a minimum of 50€.
Article 10 : Explicitly scathing clause
In the event that the client fails to perform this contract or any other contract concluded with the contractor in whole or in part, the latter is authorized by operation of law and without notice to suspend the performance of its obligations. In addition, and without prejudice to the right to claim compensation, the contractor may at any time, without prior notice, invoke the legal dissolution of all or part of the contract, subject to notification by registered letter with acknowledgment of receipt, in this In this case, the buyer will immediately, and at the latest within 48 hours of receipt of the notification, make the identifiable goods available to the contractor.
Article 11 : Force majeure
Depending on whether they constitute a temporary or permanent obstacle to the performance of the contract, cases of force majeure shall automatically suspend or terminate the Contractor’s obligations in connection with this contract and release the Contractor from any responsibility or compensation that may arise. to follow. The following are regarded as cases of force majeure on the part of the contractor: war or similar events, government decisions or acts, general strike, lock-out, union riots, fire, flood, fuel shortage, energy or raw material shortage or impossibility of transport or any other cause, regardless of the will of the contractor which would hinder the production, supply or transport of the goods. This list is not limiting. However, anyone has the right to cancel the contract without compensation if the extension thus caused causes a delay of more than 60 days. The additional periods after a reminder are not suspended due to unforeseen events and cases of force majeure.
Article 12 : Jurisdiction, Applicable Law and Disputes
Any dispute between the contractor and the principal in connection with the sales contract is governed by Irish law in general and by these general terms and conditions of sale in particular (excluding the uniform laws on the international sale of movable tangible goods, on the formation of international sales contracts of immovable property and all other commercial use).
The contractor reserves the right to submit any dispute arising from this agreement to the courts of its territory.