CONDITIONS OF SALE –LIKESTONE IRELAND LTD.
1.1 In these Conditions “the Company” means Likestone Ireland Ltd and “the Customer” means the individual firm, company or other party with whom the Company contracts.
2. Basis of Quotations and Orders
2.1 No order placed on the Company in pursuance of any quotation or otherwise shall be binding on the Company unless and until such order is acknowledged in writing by the Company. Any contract made between the Company and the Customer (hereinafter called “the Contract”) shall be subject to these Conditions and save as mentioned no representative or agent of the Company has authority to agree any terms or make any representation inconsistent with them or to enter into any Contract except on the basis of them. Any such term of representation and any variation of these Conditions will bind the Company only if confirmed in writing and signed by a Director or Secretary of the Company. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.2 The price quoted is fixed only where this has been stated by the Company in writing together with the period during which such price will remain fixed. In all other cases the price charged shall be the price ruling at the date of delivery. Quotations will lapse after 30 days of the date thereon.
2.3 Quotations are based on deliveries being in full lorry loads and the purchase price will be subject to surcharge where deliveries are in part loads.
2.4 Other than during the period when a fixed price agreed as above shall apply, if at any time prior to delivery there shall be an increase in the general ex-works price of the class of materials included within the quotation or in the cost of transport or any other service necessary for the completion of the Contract, the Company shall be entitled to make a corresponding adjustment to the quoted price.
2.5 Unless otherwise agreed in writing by a Director or the Secretary of the Company these Conditions shall override any terms and conditions stipulated or referred to by the Customer in his order, pre-contract negotiations or otherwise if the terms and conditions stated in the Customer’s order are inconsistent herewith or if they contain a provision either in similar terms to this Condition or otherwise purporting to exclude these Conditions the Company’s acknowledgement of the Customer’s order shall constitute a counter-offer and the Customer shall be deemed to have accepted these Conditions unless it notifies the Company to the contrary within 5 days of receiving the Company’s acceptance of the order. Acceptance of any delivery shall constitute confirmation of the ongoing acceptance of these Conditions.
2.6 No part of the Contract may be cancelled by the Customer except with the agreement in writing of the Company.
3.1 No condition is made or to be implied and no warranty is given or to be implied that the type and/or specification of the goods to be supplied under the Contract are suitable for any particular purpose intended by the Customer or for use under any specific conditions and the Customer must satisfy itself that the type and/or specification of the product is suitable for the particular purpose intended and for use under any specific conditions notwithstanding that such purpose or condition may be known or made known to the Company. The Company shall not be under any liability for loss or damage resulting from advice or representation given in good faith by the Company, its employees or agents regarding the use, performance or suitability of its products or their equivalent. This clause shall not limit the statutory obligations of the Company.
3.2 Any sample provided to the Customer or any description contained in the Company’s catalogues, price lists, or other promotional material is intended merely to present a general indication of the Company’s products and should be used for guidance purposes only. All sales by the Company are made by description and not by sample.
3.3 The Customer’s attention is drawn to unsuitable applications for the use of reclaimed bricks: in locations subject to sever weather exposure; in environments or positions of prolonged dampness eg below damp proof courses or in copings or external pavements; in free standing walls and chimney stacks without adequate protection; with raked out joints; in rendered skins/walls when backed with insulation or other impermeable medium. Reclaimed bricks and reclaimed stone products will in general vary more in size, colour, texture, regularity of shape and strength than new products. No such products are covered by BSS.
- Performance of the Contract by the Company at the quoted price is subject to the availability of all materials, services and labour required for the execution of the order and the Company shall be under no liability for delay in the event of the non-availability of any materials, service or labour. The Company shall be entitled to make part deliveries of goods against an order or contract and the Customer shall be bound to accept and make payments against such part deliveries. In the event that materials ordered are no longer available and capable of being sourced by the company the company shall be at liberty to cancel or at its sole discretion suspend in whole or in part the performance of the Contract without incurring any liability for any loss or damage arising therefrom.
The Company reserves the right to modify or withdraw from sale any of its products without notice and without any liability on the part of the Company.
Unless otherwise agreed in writing by the Company:
6.1 Where delivery is to be made by the Company or its agent, delivery of the goods shall be by the means most convenient to the Company to the address or addresses specified by the Customer and the Customer shall take delivery accordingly. Should the Customer fail to accept delivery of the goods when tendered, the Customer will pay the Company’s reasonable storage charges. Delivered prices and delivery charges are quoted on the assumption that the Customer will provide safe and unrestricted access to the site or delivery address on hard roads suitable for heavy vehicles during reasonable business hours for the purpose of off-loading and undertakes to ensure that there is an adequate level stocking area for the purpose. The Customer undertakes to reimburse the Company for any demurrage charges incurred as a result of delays in unloading.
6.2 The Company shall not be responsible for any variation in goods or deviation from agreed delivery schedules or quantities made at the request of the Customer. Where delivery is made in accordance with schedules supplied by the Customer, the Customer undertakes to accept the goods in accordance with such schedules.
6.3 Whilst the Company will endeavour to deliver the goods by any date or within any period agreed upon, such dates and periods are estimates only given in good faith and the Company will not be liable for any of the consequences of failure to deliver by the due date or within such a period. The quoted delivery period shall be dependent on receipt of the Customer’s formal order, delivery schedules and final specifications. Manufacture of non-standard materials or special shapes will not commence until final specification and/or drawings have been supplied to and agreed by the Company and any modification by the Customer to design, specifications or quantities may result in delay in delivery. The Company shall be entitled to defer delivery until any monies due from the Customer have been received. Thus the time of delivery or completion shall not be of the essence, unless agreed in writing and signed by a Director of the company. The Company shall not in any case be liable for any loss or damage, or any consequential loss, arising directly or indirectly from a delay in delivery.
Custody of Goods
7.1 Notwithstanding delivery of and the passing of risk in the goods, the Customer shall hold the goods solely as fiduciary agent and bailee for the Company and the goods shall remain the property of the Company until such time as the Company shall have received payment in full for the goods and for all other goods agreed to be sold by the Company to the Customer for which payment is then due. The Customer grants to the company, its servants or agents, the right to enter upon any land or building in which the goods may be situated to recover goods in respect of which such title remains vested in the Company at any time including (but not limited to) when the amount owed to the Company by the Customer is in excess of the credit limit from time to time imposed by the Company or where credit facilities have been varied or withdrawn by the Company. The Company reserves the right to vary such credit limits or withdraw credit facilities at any time upon written notice to the Customer.
7.2 Where as part of his normal business the Customer shall sell or use goods, title to which remains vested in the Company, such part of the sale proceeds or otherwise (including insurance proceeds) received or receivable by the Customer as relates to the goods shall be held on trust for the Company in a separate bank account which shall remain identifiable as money belonging to the Company.
7.3 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company.
Should the Company be delayed in or prevented from making delivery of the goods due to war, local government or parliamentary regulations, strikes, lock-outs, goods, labour disturbances, trade disputes, stoppage, delay or interruption of work in the establishment of either the Company or the Customer, damage to or destruction of the goods, abnormal weather conditions, spread of infectious diseases, fire, explosions, acts of terrorism or any other reasons of force majeure beyond the control of the Company and the Customer respectively, the Company shall be at liberty to cancel or at its sole discretion suspend in whole or in part the performance of the Contract without incurring any liability for any loss or damage arising therefrom.
9.1 Unless otherwise agreed in writing, accounts are payable on or before the 28th day of the month following the month of delivery or tendered delivery. In the event that the Customer fails to pay any account on the due date, the Company shall have without prejudice to any other remedies, the right to cancel any part of its performance of the Contract and/or cease further deliveries without notice. The Company reserves the right to charge interest on all sums overdue (both before and after judgement) at the rate of 5% above the prevailing base bank interest rates.
9.2 If the Customer shall fail to make any payment when it becomes due, or shall enter into any composition or any arrangement with its creditors, or if distress or execution shall be levied on the Customer’s property or assets, or if the Customer shall commit an act of bankruptcy or if any petition or order in bankruptcy shall be presented or made against the Customer, or if being a company shall have a received appointed, or shall pass a resolution for winding up, or a court shall make an order to that effect, or if there shall be a breach by the Customer of any of the terms and conditions hereof, the company may treat the Contract as determined but without prejudice to any claim or right the Company may make or exercise including (but not limited to) for the full purchase price of the goods delivered and damages for any loss suffered in consequence of such determination.
9.3 If this contract is terminated or delivery is cancelled or postponed by or as a result of actions taken by the Customer then without prejudice to any other remedy which might be open to the Company, the Company shall have the right to claim in full the ex-works selling price of any products made together with any other costs or liabilities incurred by the Company to enable it to perform the Contract.
10.1 No claim shall be entertained by the Company in respect of defects apparent on inspection, including shortages, damages or variations in colour, shape, size or texture unless:
1 the goods are inspected by the Customer immediately on delivery or collection .
2 written notification is received by the Company and the haulier within three days of receipt of goods followed by a complete claim in writing within seven days thereafter.
3 the Company is given reasonable opportunity to inspect the goods and investigate complaints before the goods are used.
10.2 In the absence of any complaint made in accordance herewith the goods shall be deemed to be free from any defects apparent on inspection and the Customer shall be deemed to have accepted them accordingly.
10.3 The Company’s liability in respect of any defect in workmanship or material in the goods supplied is limited to
replacement of goods or if the Company chooses, an allowance to the Customer of the price of the defective goods.
10.4 If the condition or quality of goods supplied is such as might (subject to these Conditions) entitle the Customer to claim damages or terminate the contract, the Customer shall not do so without first asking the Company to supply satisfactory replacement goods, whereupon the Company shall have the option of replacing goods deemed to be defective and supplying the Customer with replacement goods free of charge within a reasonable period. The Customer shall be bound to accept such satisfactory replacement goods and the Company shall not be under any liability in respect of any loss or damage suffered by the Customer as a result of the initial delivery or delay pending delivery of replacement goods. Defects in part only of the goods delivered shall not entitle the Customer to cancel the remainder of the order or the Contract.
10.5 Save as hereinbefore provided and subject to the provisions of Section 2(1) of the Unfair Contract Terms Act 1977, the Company limits its liability for any claims arising from negligence to £500,000. In any event the Company shall not be liable for any indirect or consequential loss arising therefrom.
The Customer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Customer’s specifications which involves the infringement of the intellectual property rights of any third party including (but not limited to) copyrights, patent and design rights.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected thereby.
- Dispute Resolution
The Company shall be entitled to refer any dispute arising under the Contract to adjudication in accordance with the Scheme for Construction Contracts made pursuant to the provisions of Section 114 of the Housing Grants Construction and Regeneration Act 1996 for which purpose this Contract is deemed to be a construction contract.
The proper law of all Contracts with the Company shall be Irish Law, and all disputes arising under any Contract shall be subject to the jurisdiction of the Irish Courts. _________________________________________________ ______________________________________
HEALTH AND SAFETY INFORMATION
Products Covered by this Notification
Clay masonry units manufactured to EN 771-1, bricks of a rectangular paralellapiped shape.
Clay Pavers manufactured to EN 1344, clay paving units for rigid, flexible or SUDs laying.
Physical and Chemical Characteristics
Bricks and pavers are made from naturally occurring clays and aggregates and may be decorated by the application of sands and colour stains. They are then fired to vitrification temperature rendering them inert and insoluble for all practical purposes. Transportation and Handling
Bricks and pavers are delivered in packs, suitable for forklift handling, which can weigh up to 1.5 tonnes. It is important to ensure that the safe working load of the handling equipment is not exceeded and to stand well clear during loading and unloading. Packs should be unloaded on to a dry, firm and level surface of adequate bearing capacity. On no account should the strapping be used to lift the packs. Brick packs put to stock should be placed on a level reinforced concrete standing. Packs or part packs being lifted by crane, hoist or similar device should be enclosed in a suitable safety cage or net. To open packs the strapping should be cut carefully with suitable strap cutters as the tensioned straps could cause injury if broken carelessly. Operators and observers should wear gloves and goggles and always stand at the side when cutting so that the strap falls away to left and right. Polythene and other packing materials should be disposed of in compliance with Local Environmental and Safety Regulations.
Inhalation of dust created by cutting, grinding or drilling constitutes a health hazard. When carrying out these operations water should be used as a damping agent and BS Standard masks, goggles and gloves should be worn together with ear defenders. When breaking or trimming bricks, gloves and goggles should be worn. Bricks have sharp edges and suitable gloves should always be worn when handling them.
If more information is required about any aspect of this notification or if it is intended to use the Company’s products in a situation or manner not scribed, Likestone Ireland Ltd should be contacted.