IMF Group Limited (Galvotech, CPS, Waterford Plating, Metal Colours, In-House Finishing) Terms and Conditions of Trading
- All orders are accepted subject to these conditions and no others shall apply.
- Normal delivery will be 3 – 4 working days from receipt of order. A charge may be made for special deliveries.
- All orders are subject to confirmation. However, every effort can be made to maintain quoted prices. Minimum orders will be €100.00 on any one invoice.
- Packing is not included.
- Payment for all goods sold or services performed is due by the 30th of the month following the date of the invoice. Except in the case of gold plating the credit extended on gold plating is limited to 14 days from date of shipping.
- Discount at the rate of 1.8% may be earned, if payment is received within 14 days from the date of the Invoice and all other outstanding Invoices are cleared. These discounts will be issued as a Credit Note by IMF companies.
- All accounts not paid within one month will be subject to a surcharge of 5% plus a further 1.5% for each further month’s delay thereafter.
- We reserve the right to make an
additional charge to cover any changes in transport or import costs or exchange rates where applicable, occurring between the date of contract and the date of delivery.
- Our liability for failure of goods
supplied is limited to the value of the coating on the goods supplied and the Purchaser shall not be entitled to any claim for damages for consequential loss on any contract between the parties or in tort.
- Reject product will be recoated free of charge once the reject product is returned to our facility and the cause for rejection is established as caused by our company.
- We will endeavour to comply with any delivery date or period quoted but we shall not be liable for any damages by reason of any failure to do so.
- Without prejudice to any other available remedy we reserve the right to withhold further deliveries of goods where invoices are not paid by the due date for payment.
- We can only accept responsibility for goods damaged in transit if the damage is reported in writing to ourselves and to the carriers within seven days of delivery.
- We cannot accept responsibility for non delivery of goods unless written notice is given to ourselves and our carriers within 14 days after the Invoice date.
- The risk in the goods shall pass to the Buyer on delivery.
- Until payment has been received by us for goods supplied and or services rendered property in the goods shall remain in us.
- Should the goods be converted into a new product; the conversion shall be deemed affected on behalf of us and we shall have the full legal and beneficial ownership of the new products but without accepting liability for such converted goods in relation to any third party.
- Subject to 19 and 20 below, the Buyer shall be at liberty to sell the goods and the new products referred to in 20 below in the ordinary course of business on the basis that the proceeds of sale shall belong to us to whom the Buyer shall account.
- We may at any time revoke the Buyer’s power of sale by notice to the Buyer if the Buyer is in default in the payment of any sum due to us whether in respect of the goods or any other goods supplied or services rendered at any time by us to the Buyer or if we have bona fide doubts as to the solvency of the Buyer.
- The Buyer’s power of sale shall automatically cease if a Receiver is appointed over any of the assets, or the undertaking of the Buyer, or a Winding up Order is made against the Buyer, or the Buyer goes into liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting of or makes any arrangements with Creditors or commits any act of Bankruptcy.
- Upon termination of the Buyer’s power of sale under 19 or 20 above, the Buyer shall place the goods and the new products at our disposal and
we shall be entitled, using such force as is reasonably necessary, to enter upon any premises of the Buyer for the purpose of removing such goods and new products from the premises (including severance from the reality where necessary).
- Products are for industrial use only. IMF gives no warranty, express or implied, and all products are sold upon the conditions that purchasers will make their own tests to determine the quality and suitability of the product.
- IMF companies shall be in no way, responsible for the proper use and service of the product. Any information or suggestions given are without warranty of any kind and purchasers are solely responsible for any loss arising from the use of such information or suggestions.
- No information or suggestions given by us shall be deemed to be a recommendation to use any product in conflict with any existing patent rights.
- Reports will not be used for the purpose of advertising, publicity or litigation without the written consent of IMF Group in advance.
- The construction, validity, and performance, of this contract shall be governed by the Laws of the Republic of Ireland.