Terms and Conditions

OCON Chemicals Terms & Conditions 


1. Interpretation

In these conditions of sale:

 ‘‘Supplier’’  means OCON Chemicals Limited, a company registered  in  Ireland  no. 80132,  whose registered office is at Unit 5, South Cork Industrial Estate, Vicars Road, Pouladuff, Cork

‘‘Customer’’ means any person, firm, company or unincorporated association which orders Goods.

 ‘‘Goods’’  means  the  goods  ordered  by  the  Customer  from  the Supplier,  in  an  order which has been accepted by the Supplier.

2. Delivery Date

The Supplier shall use reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.

3. Delivery  Location

Delivery shall be at the Customer’s premises stated on the purchase order, unless otherwise agreed.

4. Installments
Unless otherwise expressly agreed, the Supplier may make delivery in one or more installments.

5. Packaging, Carriage and Insurance
The Prices are inclusive  of  any  costs of standard packaging, carriage and insurance, which shall be arranged by the Supplier but paid by the Customer in addition to the Price, unless otherwise expressly agreed at the time of order.

6. Title
Title to the Goods only passes to the Customer when payment is made for them in full.

7. Risk
Risk in  the  Goods  purchased  shall  pass  to  the  Customer  upon delivery regardless of whether title has passed.

Delivery  is  deemed  made  when  the  Goods  are  made  available  to  the  Customer  at the point of delivery, and for the avoidance of doubt, the Supplier is solely responsible for unloading.   

8. Returnable Packaging

If the Goods are supplied with packaging designated by the Supplier as returnable, the Customer shall return it, carriage-paid and in good order and condition to such premises in Ireland as may be specified by the Supplier.

9. Queries and Complaints

The Customer shall inspect the Goods immediately upon delivery and shall give written notice of any queries and/or complaints to the Supplier within three days of delivery of the Goods.   If the Customer fails to give such notice within this period then the Goods delivered shall be presumed to be in accordance with the Order.

10. Price.

The price quoted by the Supplier to the Customer at the date of the order is the relevant price.

11. VAT

Unless  expressly  quoted  as  including  VAT,  all  prices  are  exclusive  of  value added tax which shall be paid at the appropriate rate by the Customer in addition to the price.

12. Time of Invoice 

The Supplier may invoice the Customer for Goods dispatched upon  dispatch  of  the Goods whether the Order is dispatched in installments or otherwise.

13. Payment Terms

Unless otherwise agreed in writing by the Supplier, the Customer shall make all payments due to the Supplier, on or within 30 days of the date of the invoice, by cheque or in cleared funds to the bank account nominated by the Supplier.

14. No Deductions

The Customer shall make all payments in Euros, and shall not exercise any rights of set-off (statutory or otherwise) or counterclaim against invoices.

15. Interest.          

The Customer shall pay interest on overdue accounts (including VAT) at 7% per annum above the main refinancing rate of the European Central Bank from time to time accruing daily from the due date for payment under Clause 13.   Interest will be payable before and after judgement.

16. Warranties

The Supplier warrants that:

16.1.    at the time of sale, it will have title to sell the Goods to the Customer; and

16.2.    the Goods sold to the Customer will conform with the specification for them published by the Supplier or their manufacturer.

17. Remedy
Subject to Clause 21, if the Supplier is in breach of the warranties given by it under Clause 16, its liability shall be limited to:

17.1.    replacement of the Product concerned; or

17.2.    at the option of the Supplier, reimbursement of the price.

18. No Other Liability

Subject to Clause 21, the Supplier shall have no further liability to the Customer other than as described in Clause 17, whether under these conditions of  sale  or on  any other  basis  including  liability  in  tort  as  a  result  of  the  sale and/or condition of  the Goods.

19. Consequential  Loss

Subject  to  Clause 21,  the  Supplier  shall  not  under  any circumstances be liable to the Customer by reason of any representation or warranty, condition  or other  term  or  any duty of  common  law,  or  under  the  express  terms  of these  conditions  of  sale,  for  any  consequential,  special,  incidental  or  punitive  loss or  damage  (whether  for  loss  of  current  or  future  profits,  loss  of  enterprise  value  or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.

 20. Non-Excusable Liability

Nothing in this these conditions of sale shall exclude or limit  the  liability  of  the  Supplier  for  death  or  personal  injury  resulting  from  the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude  or  limit  any  statutory  rights  which  cannot  be  legally  excluded  or  limited.

21. Application

The within Terms and Conditions shall apply to any purchase of Goods under an Order which is accepted by the Supplier.   These Terms and Conditions are subject only to the written Special Conditions (if any) indicated by the Supplier at the time of Order,   and any such Special Conditions shall prevail in the event of any conflict between them and the within Terms and Conditions.  No other terms shall apply to the sale of the Goods, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.

22. Force Majeure

The Supplier shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a result, directly or indirectly, of the supply of the Goods by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the reasonable control of the Supplier; including but not limited to Act of God, war, riot, civil disobedience, strike, lock-out, trade dispute, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the Goods or of the Supplier’s normal sources of supply for the Goods or the Supplier’s normal means of delivery of the Goods.

23. Governing Law

These conditions of sale shall be governed by Irish law.

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