ESPAC LIMITED CONDITIONS OF SALE
All
transactions will be conducted under our Terms and Conditions of Sale and
Purchase, and we would bring to your attention that such Terms and Conditions
include a Retention of Title Clause, full details of which are set out below:
a.) The ownership of the property in the goods shall
remain in the company until the full price of the goods has been received by
Espac Limited (the Company).
Until payment, the Purchaser shall
keep the goods separate and store them in such a way that they are identifiable
as the property of the Company. Until the property and the goods pass to the
Purchaser, the Purchaser shall hold them as bailee for the company and as such
be bound by all the fiduciary obligations arising out of such bailment.
Notwithstanding the foregoing, the Purchaser shall be entitled to sell the
goods but the Purchaser, in his fiduciary capacity as bailee, shall be bound to
account fully to the Company in respect of the proceeds segregated in a
separate account. The said duty to account is absolute and shall arise on every
resale of goods which have been supplied by the Company to the Purchaser and
shall not be deemed to be waived whether the resale shall occur within the
period of credit granted by the Company to the Purchaser or otherwise.
b.) The Company reserves the right to repossess any goods
sold hereunder to the Purchaser in respect of which payment is overdue and
thereafter to resell the same.
For this purpose,
the Purchaser hereby grants an irrevocable right and licence to the Company
through its servants and agents to enter with or without vehicles upon all and
any premises on which such goods may be located.
c.) Notwithstanding any of the
foregoing, nothing in these Conditions of Sale shall be construed so as to
create a Contract of Agency between the Company and the Purchaser vis-Ã -vis
any third party and the Purchaser shall at all times resell goods sold to it by
the company as a principal in relation to such a third party.
d.) Any problems with invoices must be notified to the
Accounts Department within 3 working days of receipt of Invoice.
Invoices cannot be held for payment after 3 working days
without notification to the Company.
e.) Please note that in the event of any sums of money not
being paid by the Purchaser to the Company within fourteen days of the due date
for payment of such sum the Purchaser shall pay interest to the Company upon
any such sum from the due date until the actual date of payment at a rate
provided by the European Communities (Late Payment in Commercial Transactions)
Regulations 2002 (SI 388 of 2002).
Methods
of Payment for Cash Customers:
We accept the following methods of payment:
•
Cash
•
Cheque
•
Bank Transfer - If paying by bank Transfer, goods will be
released once the funds reach our bank account. Please note as we are Bank of
Ireland transfers from other banks can take up to 3 working days.
Damaged
Delivery:
If you have
received a delivery from our courier and the material is damaged, the drivers
manifest must be clearly indicated with explanation of damage of material and
signed for. Espac Limited must be notified immediately by phone (01 2805257) or
email ([email protected])
In most cases
unless otherwise agreed the unloading of machinery is the responsibility of the
receiver.If damages occur during unloading the cost of repair is born by the
receiver.
Goods Return
Procedure:
If you are looking to return
material back to us which you no longer want, the material must be in its
original packaging and not opened or used. There will be a 10% re-stocking fee
applied. If the material is not in the original packaging a 15% re-stocking fee
will be applied. We must be informed within two days of receiving the material.
The material needs to be returned within 10 working days. Once the material
arrives back to Espac Limited, the material will be inspected to ensure that it
is in good condition. If material is not in good condition, credit will be
refused. If your order is incorrect, we must be informed of this immediately.
Espac Limited are not liable for late delivery or short delivery of material.
Faulty Goods:
If you have
received packaging material or machinery which you believe may be faulty, you
must contact Espac Limited immediately, below is an outline of guidelines to be
followed.
•
Full
details of complaint submitted by email in writing to [email protected]
•
Batch details from the material must be provided or Serial
number of the machinery must be provided.
•
Samples of the material must be sent back to us. Or in the
case of machinery, images can be sent direct to us by email ([email protected])
•
The
fault must be identified in the material / machine.
When all relevant information is
received, then all samples and information will be sent back to our supplier
for material to be tested. Once we have received feedback from our supplier, we
will then pass any information onto you, if a credit note is being processed
for material, then a credit note will be issued to our customer. Please note
that Espac Limited are not liable for any indirect or economic loss arising
from Faulty material. Espac Limited must be informed before any material is
sent back to Espac Limited. If material is sent back before Espac Limited is
informed material may be refused. Ownership is not transferred until goods are
paid for in full.
GDPR
General Data
Protection Regulation (GDPR) comes into effect on 25th May 2018 and emphasises
transparency, security and accountability by data controllers, while at the
same time standardising and strengthening the right of European citizens to
data privacy.
At Espac
Limited, through the course of our day to day business and transactions, we
will have collected information about you or your business and under GDPR we
need to disclose how that information is held, processed and managed.
For business reasons, we hold the following information on
our IT system
•
Name
/ address / contact details including phone number, email address and website
address.
•
Credit
balance / vat number / company reg number.
The information
is held on a secure password protected network at our office in Bray.
Information is held for day to day business reasons to enable contact between
our office and yours and to ensure we can dispatch items to you like
statements, invoices and also for sales related promotions and special offers.
Should you wish to have access to this information or wish to have this
information removed from our system please contact us on 01 2805257 or
[email protected]
Your rights to
information
Only
employees of our business have access to information. Other entities who would
see this information are professional auditors who would access this
information within the confines of our building in a secure environment.
You can at any time, make a request to see the information
we hold about your account.
Rights for individuals under the GDPR include:
•
subject
access
•
to
have inaccuracies corrected
•
to
have information erased
•
to
object to direct marketing
•
to
restrict the processing of their information, including automated
decision-making
•
data
portability
If you ask us to update, remove of
delete information about you, we will comply with your request within 28 days.
Further information about GDPR can be obtained by contacting our office on 01
280 5257 or [email protected].