Please wait while processing...
Logout
Thank you for your visit, see you soon on Lyreco
Terms & Conditions
1.
Conditions Applicable
1.1 These Conditions shall apply to all contracts for the sale of goods
(which expression shall where the context so permits include the supply of
services) by Lyreco Ireland Ltd (The Company) to a buyer who is acting in the
course of a business (including in the course of any business) to the exclusion
of all other terms and conditions.
1.2 The Company reserves the right to add to, alter, amend or withdraw
at any time without notice any of these Terms and Conditions or the Company's
Service Guarantee referred to in clause 4
1.3 Orders for goods will only be accepted from Buyers acting in the
course of a business and the Company will not accept orders from office supply
businesses or other wholesale or retail businesses.
1.4 Where the Company knows or is made aware or suspects that the Buyer
is a dealer in or is a supplier of office supplies or is otherwise engaged in
the office supplies business, then the Company will not sell goods to that
Buyer and can withdraw from any transaction entered into between the Company
and the Buyer and reserves the right to refuse to sell to that Buyer in its
sole discretion.
1.5 All orders for goods until accepted or rejected at its discretion by
the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant
to these Conditions and all goods are offered subject to availability.
1.6 Whilst the Company has attempted to ensure that the information
within its catalogues, web site and other publications is correct at the time
of publication they do not form part of any contract for the sale of goods. For
technical reasons colour illustrations should be viewed as a guide only.
1.7 Any typographical, clerical or other error or omission in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Company shall be subject to correction
without any liability on the part of the Company.
1.8 In these Terms and Conditions 'Working Day' means Monday to Friday
in each week except any Bank or Public Holiday in either the Company's place of
business or the country of delivery within Ireland or such other days when the
Company's sales office is closed as notified to the Buyer from time to time.
2. Orders, Specifications and Returns
2.1 The Company reserves the right to make any changes in the specification
of the goods which are required to conform with any applicable safety or other
statutory requirements, or where the goods are to be supplied to the Company's
specification which do not materially affect their quality or performance.
Whilst the Company will endeavour to supply the
product ordered, the Company reserves the right to supply stationery products
of a comparable specification without notice and to vary to a reasonable extent
the quantities delivered from those ordered to conform with the Company's or
its suppliers standard packaging.
2.2 The goods sold by the Company are at its discretion categorised as:-
(i) Stock Stationery Products being stationery
products ordinarily held in stock by the Company for direct delivery.
(ii) Furniture Products being furniture products not ordinarily held in stock
by the Company.
(iii) Non-Stock Products (or Specials) being products not ordinarily held in
stock by the Company.
2.3 Any non-returnable goods sold by the Company will only be accepted
as a return either at the Company's absolute discretion or where the goods are
found to be defective at the date of delivery.
2.4 Orders for stock stationery products may be cancelled at any time
prior to the despatch of the goods. Orders for other
stationery products may only be cancelled with the written agreement of the
Company.
2.5 The Company shall credit the Buyer for Stock Stationery Products
which are returned within 30 days of delivery provided always that the goods
remain unopened and are returned in their original packaging and in the
condition in which they were originally delivered otherwise the Company shall
have the sole discretion not to accept the return of goods. Furniture Products
may only be returned with the written agreement of the Company and only if
within 30 days of delivery. Non-Stock Products (or Specials) cannot be returned
for credit. This does not affect your statutory rights. For Health & Safety
reasons, no consumable food products may be accepted for return.
3. Price and Payment
3.1 The Company's policy is to offer competitive prices wherever
possible. The prices quoted in the Company's sales literature are so far as
possible the Company's correct selling price. Due however to the ever changing
nature of the office supplies market unless otherwise agreed in writing, the
Company reserves the right at any time to revise the price of goods without
notice to the Buyer. The price of the goods shall be the price stipulated in the
Company's price list current at the date of despatch
of the goods. The Company will however wherever it is
practical to do so endeavour to notify price changes
prior to their implementation.
3.2 Prices quoted are except where otherwise stated in writing exclusive
of VAT at the rate prevailing on the date of despatch
of the goods.
3.3 Payment of sums due to the Company shall be made without any
deduction at the end of the calendar month immediately following that of the
Company�s invoice not withstanding that the property in the goods has not
passed to the Buyer. The time of payment shall be of the essence of the
contract.
3.4 The Company reserves the right to grant, refuse, withdraw, restrict,
alter, suspend or cancel credit terms at their sole discretion. The Company,
without limitation, reserves the right to refuse or cancel orders for goods
where the buyer is or is liable to become in breach of its agreed credit terms.
3.5 Where the Buyer's account has been suspended or cancelled or if the
Buyer's credit limit is reached or exceeded the Company shall be under no obligation
to accept any further Orders for goods and the Company shall not be held to be
in breach of its Service Guarantee as provided in clause 4
3.6 If the Buyer fails to make payment on the due date then without
prejudice to any other right or remedy available to the Company, the Company
shall be entitled to charge the Buyer:-
(i) Interest (both before and after any judgement) on the amount unpaid at the rate of 10% per
annum until payment in full is made (a part of a month being treated as a full
month for the purpose of calculating interest).
(ii) An administration fee of �30.00.
4. Delivery
4.1 Except for Buyers who have an account with Lyreco Ireland Ltd.
Corporate Accounts Division:-
4.1.1 save for the provisions of clause 6.8 and subject always to these
Terms and Conditions, and
4.1.2 in the case of stock stationery products (with the exception of
goods to be delivered on a pallet) all accepted orders received by 5.30pm where
the goods ordered are held in stock and unsold by the Company at the time the
order is placed with the Company the Company under its Service Guarantee
guarantees to deliver not later than 6.00pm on the next working day after the
order is received.
4.2 If the Buyer reasonably (in the opinion of the Company) considers
that the Company has failed to honour this guarantee
the Company will if the Buyer, within 5 Working Days of the due date of
delivery so requests (time being of the essence), complete where necessary the
delivery of the undelivered goods, the Company will waive up to a maximum sum
of �350.00 of the cost to the customer of those goods. This shall be the Buyers
sole remedy for breach of this guarantee.
4.3 The Company's guarantee of delivery is subject to the Buyer
providing sufficient accurate information and appropriate facilities to enable
the Company to effect delivery of the goods. The Company's Service Guarantee
shall not be applicable where:-
4.3.1 the Company is unable to deliver the goods because the Buyer has
not provided the Company with sufficient delivery information or
4.3.2 if the Buyer is not available to take delivery of the goods
4.4 For Buyers who have an account with Lyreco Ireland Ltd. Corporate
Accounts Division:-
4.4.1 Any dates quoted for delivery of the goods or supply of services
are approximate only. The Company shall not be liable for any delay with regard
thereto howsoever caused. Time for delivery or supply shall not be of essence
unless previously agreed in writing by the Company.
4.4.2 The Company reserves the right to make a separate charge for
deliveries where the Buyer specifically requests and the Company agrees to
making a delivery by an agreed time
4.4.3 If the Company fails to deliver the goods for any reason other
than any cause beyond the Company's control or the Buyer's fault and the
Company is accordingly liable to the Buyer, the Company's liability shall be
limited to the excess (if any) of the cost to the Buyer (in the cheapest
available market) of similar goods to replace those not delivered over the
price of the goods.
4.5 Following the delivery of goods unless the Buyer notifies the
Company within 5 days of any discrepancies in the goods received all the goods
ordered as stated on the delivery note shall be deemed to have been delivered.
5. Risk and Property
5.1 Risk of damage to or loss of the goods shall pass to the Buyer at
the time of delivery.
5.2 Notwithstanding delivery and the passing of risk in the goods or any
other provision of these Conditions, title to the goods or any part thereof
shall not pass to the Buyer until:-
5.2.1 The Company has received payment of all monies owed due and
payable by it to the Company for the goods and all other goods agreed to be
sold by the Company to the Buyer for which payment is then due;
or
5.2.2 The Company serves notice in writing on the Buyer specifying that
title in the goods or any specified part thereof has passed to the Buyer. Until
title to the goods has passed, the Buyer shall possess the goods or any part
thereof as a bailee of the Company and shall store
the goods or any part thereof in the same state and condition in which they
have been delivered separately from other goods so as to ensure that they are
clearly identifiable as the property of the Company.
5.3 The Company shall be entitled to recover the goods in respect of
which title has not passed to the Buyer at any time and the Buyer hereby licences the Company, its officers, employees and agents to
enter upon any premises of the Buyer for the purpose either of satisfying
itself that clause 5.2 hereof is being complied with by the Buyer or
recovering any goods in respect of which title has not passed to the Buyer.
5.4 Until such time as the title to the goods passes to the Buyer, the
Buyer shall be entitled to use the goods in the ordinary course of business.
6. Warranties and Liability
6.1 The Company will replace products found to be defective on delivery
without charge. Goods incorrectly supplied or invoiced as a result of error on
the part of the Company will be collected or credited without charge. Any
stationery item in its original, undamaged packaging, except special order products
and furniture products, may be returned within 30 days of delivery.
6.2 Subject to the conditions set out below the Company warrants that
all non-consumable goods will correspond with their specification at the time
of delivery and will be free from defects in material and workmanship for a
period of 12 months.
6.3 The above warranty is given by the Company subject to the condition
that the Company shall be under no liability in respect of any defect arising
from fair wear and tear, wilful damage, negligence,
abnormal working conditions, failure to follow the manufacturers' or the
Company's instructions (whether oral or in writing), misuse or alteration or
repair without the Company's approval.
6.4 Subject as expressly provided in these Conditions, all warranties,
conditions or other terms implied by statute or common law are excluded to the
fullest extent permitted by law. Without prejudice to the generality of the
foregoing all terms implied by Sections 13, 14 and 15 of the Sale of Goods Act
1893 are hereby excluded to the extent that such is fair and reasonable. All
terms implied by the Sale of Goods and Supply of Service Act 1980 are hereby
excluded. For the avoidance of doubt, the Buyer confirms that he enters into
these Conditions in the course of its business and not as a consumer for the
purposes of or within the meaning of the Sale of Goods and Supply of Services
Acts 1893 and 1980.
6.5 Where any valid claim in respect of any goods is based on any defect
in the quality or condition of the goods or their failure to meet specification
is notified to the Company in accordance with these Conditions, the Company
shall be entitled to repair or replace the goods (or the part in question) free
of charge or, at the Company's sole discretion, refund to the Buyer the price
of the goods (or proportionate part of the price), but the Company shall have
no further liability to the Buyer.
6.6 Except in respect of death or personal injury caused by the
Company's negligence, the Company shall not be liable to the Buyer by reason of
any representation, or any implied warranty, condition or other term, or any
duty at common law, or under the express terms of the contract for any
consequential loss or damage (including, without limitation, loss of business,
revenue or profits, loss of use or data, loss of savings or anticipated
savings, loss of investments or loss of reputation or goodwill), costs,
expenses or other claims for consequential compensation whatsoever (and whether
caused by the negligence of the Company, its employees or agents or otherwise)
which arise out of or in connection with the supply of the goods or services or
their use or resale by the Buyer.
6.7 The Buyer agrees that it is best able to estimate the extent and
nature of the insurance cover suitable for its business and property from time
to time and that it is reasonable for the Company to sell the goods and fix the
purchase price on the basis of the exclusions and limitations of liability
which price would be higher were such provisions altered in these conditions
and the Buyer agrees that it will be responsible for effecting insurance cover
as mentioned above including (but not limited to) any required insurance cover
in respect of any loss or damage of whatsoever kind or howsoever caused either
by reason of the negligence of the Company or otherwise to premises, plant or to
other property and the Company shall have no legal liability in respect of any
such loss or damage.
6.8 The Company shall not be liable to the Buyer or be deemed to be in
breach of the contract by reason of any delay in performing, or any failure to
perform, any of the Company's obligations in relation to the goods, if the
delay or failure was due to any cause beyond the Company's reasonable control.
Without prejudice to the generality of the foregoing, the following shall be
regarded as causes beyond the Company's reasonable control:-
(i) Act of God, adverse weather conditions,
(ii) War or threat of war, sabotage, insurrection, civil disturbance or
requisition.
(iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of
any kind on the part of any governmental, parliamentary or local authority.
(iv) Import or export regulations or embargoes.
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether
involving employees of the Company or of a third party).
(vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
(vii) Power failure or breakdown in any vehicle or machinery or any computer
malfunction.
(viii) The imposition of restrictions in respect of access to, or parking or
stopping vehicles in the vicinity of, the Buyer�s place of delivery which delay
or prevent the Company from reasonably affecting delivery of the goods.
7. General
7.1 The contract shall be governed by Irish law
and the Parties agree to submit to the exclusive jurisdiction of the Irish
courts.
7.2 If any provisions of these terms and conditions is found by a Court
or other competent authority to be void or unenforceable, such provision shall
be deemed to be deleted and the remaining provisions of these terms and conditions
shall continue in full force and effect.
Edition 2004/1