Mac Cann & Byrne Limited – Terms & Conditions of Trade

Definitions
1. Ecological Building Systems trading as Ecological Building Shop is a division of Mac Cann & Byrne Limited, Main Street, Athboy, Co. Meath, Republic of Ireland .
2. "Agent" shall mean Mac Cann & Byrne Limited its successors and assigns or any person acting on behalf of and with the authority of Mac Cann & Byrne Limited.
3. "Customer" shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
4. "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
5. "Goods" shall mean Goods supplied by the Agent to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Agent to the Customer.
6. "Services" shall mean all services supplied by the Agent to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
7. "Price" shall mean the cost of the Goods as agreed between the Agent and the Customer subject to clause 3 of this contract.
Acceptance
1. Any instructions received by the Agent from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Agent shall constitute acceptance of the terms and conditions contained herein.
2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Agent.
4. The Customer undertakes to give the Agent at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.
Price And Payment
1. At the Agent’s sole discretion the Price shall be either;
  1. (a) as indicated on invoices provided by the Agent to the Customer in respect of Goods supplied; or
  2. (b) The Agent’s quoted Price (subject to clause 3.2) which shall be binding upon the Agent provided that the Customer shall accept the Agent’s quotation in writing within thirty (30) days.
2. The Agent reserves the right to change the Price in the event of a variation to the Agent’s quotation.
3. At the Agent’s sole discretion a deposit may be required.
4. Time for payment for the Goods for approved customers shall be thirty (30) days from date of invoice.
5. At the Agent’s sole discretion;
  1. (a) payment shall be due before delivery of the Goods, or
  2. (b) Payment for approved Customers shall be made by instalments in accordance with the Agent’s payment schedule.
6. Payment will be made by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Agent.
7. VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Delivery of Goods
1. At the Agent’s sole discretion delivery of the Goods shall take place when;
  1. (a) the Customer takes possession of the Goods at the Agent’s address or
  2. (b) the Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Agent or the Agent’s nominated carrier); or
  3. (c) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
2. The Agent has a minimum delivery charge of €10 but we reserve the right to charge more depending on the mileage or the size of the order.
3. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take elivery of the Goods as arranged then the Agent shall be entitled to charge a reasonable fee for redelivery.
4. Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5. The Agent may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
6. The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
  1. (a) such discrepancy in quantity shall not exceed 5%, and
  2. (b) The Price shall be adjusted pro rata to the discrepancy.
7. The failure of the Agent to deliver shall not entitle either party to treat this contract as repudiated.
8. The Agent shall not be liable for any loss or damage whatever due to failure by the Agent to deliver the Goods (or any of them) promptly or at all.
Risk
1. If the Agent retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Agent is entitled to receive all insurance proceeds payable or the Goods. The production of these terms and conditions by the Agent is sufficient evidence of the Agent’s rights to receive the insurance proceeds without the need for any person dealing with the Agent to make further enquiries.
Title
1. It is the intention of the Agent and agreed by the Customer that ownership of the Goods shall not pass until:
  1. (a) the Customer has paid all amounts owing for the particular Goods, and
  2. (b) The Customer has met all other obligations due by the Customer to the Agent in respect of all contracts between the Agent and the Customer.
2. Receipt by the Agent of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Agent’s ownership or rights in respect of the Goods shall continue.
3. It is further agreed that:
  1. (a) where practicable the Goods shall be kept separate and identifiable until the Agent shall have received payment and all other obligations of the Customer are met; and
  2. (b) Until such time as ownership of the Goods shall pass from the Agent to the Customer the Agent may give notice in writing to the Customer to return the Goods or any of them to the Agent. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
  3. (c) the Agent shall have the right of stopping the Goods in transit whether or not delivery has been made; and
  4. (d) the Customer is only a bailee of the Goods and until such time as the Agent has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Agent; and
  5. (e) the Customer shall not deal with the money of the Agent in any way which may be adverse to the Agent; and
  6. (f) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Agent; and
  7. (g) the Agent can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
  8. (h) Until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Agent will be the owner of the end products.
Customer’s Disclaimer
1. The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Agent and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
Defects
1. The Customer shall inspect the Goods on delivery and shall within fifteen days (15) days notify the Agent in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Agent an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Agent has agreed in writing that the Customer is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing the Goods or repairing the Goods.
Returns
1. Special Orders, None Stock Items and all Natural Insulation Products will not be accepted for return.
2. Returns will only be accepted provided that:
  1. (a) the Customer has complied with the provisions of clause 8.1; and
  2. (b) the Agent has agreed in writing to accept the return of the Goods; and
  3. (c) the Goods are returned at the Customer’s cost within fifteen (15) days of the delivery date; and
  4. (d) the Agent will not be liable for Goods which have not been stored or used in a proper manner; and
  5. (e) The Goods are returned in the condition in which they were delivered packaging material and brochures
Online Competitions Terms & Conditions

1) Competition details form part of these terms and conditions
2) Entry is open to residents of Ireland except employees (and their families) of Ecological Building Systems
3) The entrant(s) must be aged 18 or over.
4) Proof of identity and age may be required.
5) Use of a false name or address will result in disqualification.
6) All entries must be made directly by the person entering the competition.
7) Entries made online using methods generated by a script, macro or the use of automated devices will be void.
8) No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
9) The prizes are as stated, are not transferable to another individual no cash or other alternatives will be offered.
10) The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prize.
11) Prizes are subject to availability and Ecological Building Systems terms and conditions.
12) Ecological reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
13) In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
14) The winner(s) agree(s) to the use of their name, photograph and co-operate with any other reasonable requests by Ecological Building Systems relating to any post-winning publicity.
15) Unless stated otherwise the winner(s) will be drawn at random from all entries received by the closing date stated within the promotional material.
16) Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random.
17) Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
18) Competitions may be modified or withdrawn at any time at the discretion of Ecological Building Systems.

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