Whether as the basis of a contract or not, any information, advice, drawings, technical details, given by us, is given in good faith and in light of our available knowledge and experience. Every effort is made to ensure that the information is reliable, but we cannot be held responsible for any loss (financial or otherwise), injury or damage which may result there from. Your acceptance of any quotation, submitted in accordance with Condition 5, constitutes acceptance of these conditions as terms of any contract made between us for the supply of our material. All other conditions and any modifications of these conditions and all other conditions and warranties in any other document upon which you may claim to rely are excluded, unless we have expressly accepted them in writing.
2. CONDITIONS AND WARRANTIES:
No guarantee warranty or condition whether express or implied by Common Law, statute or otherwise is given by us in relation to materials supplied or to be supplied as to their fitness for any particular purpose or for use under any specific conditions, even though such purpose or condition may be known or made known to us.
3. DEFECTIVE MATERIAL:
(a) Materials supplied by us and represented by you to be defective shall not form the subject of any claim against us or for any loss, damage or expense arising directly or indirectly from such defects, but such material if reported to us within three days of delivery and returned to us and accepted by us as defective, will at your request and if practicable be replaced as originally ordered. Defects in quality or specification in any delivery shall not be a ground for cancellation of the remainder of the order or contract. McMonagle Stone will not be responsible for any shortages of materials or defects in materials reported more than three days after delivery. Client should check all materials immediately upon delivery. No remedial work should be undertaken to remedy defective materials without the express written consent of McMonagle Stone.
(b) Where a claim for remedial work arises, McMonagle Stone will not accept any costs arising from such works whether carried out by sub contractors or others unless previously agreed and accepted in writing by McMonagle Stone.
Where materials are required to comply with a particular specification the request for a quotation by us must be accompanied by sufficient information to enable us to proceed with the order forthwith on acceptance of our quotation.
Unless previously withdrawn our quotation is open for acceptance by you by the placing of an order within 30 days of the date of the quote or such longer period as we may prescribe. Our quotation includes only such materials stated therein and, where appropriate, to such specifications. The price quoted on our quotation relates only to such materials as are stated therein and/or such materials as may be required pursuant to any specification given by you in accordance with Condition 4 above.
6. TERMS OF PAYMENT:
The Company's terms of payment are strictly cash before supply of the goods. Where an account has been approved by the Company, unless otherwise agreed in writing, payment shall be made by the end of the month following that in which the invoice is dated. McMonagle Stone will not be held responsible for any delays caused by client's non compliance with terms of payment. The customer shall not make any set-off against the sum due or raise any counterclaim in diminution of the sums due, but must pay the purchase price and other charges (if any) on the date or dates agreed. McMonagle Stone should be notified immediately of any error on Invoice.
7. COST OF DELIVERY:
Unless otherwise stated, the price quoted includes carriage to destination in any part of Ireland, and a maximum off loading time of One Hour. Any period over One Hour would be charged at a rate of €127.00 per hour or any part thereof.
Any delivery period specified in our quotation is our normal delivery period ruling at the date of the quote and begins to run from acknowledgement of your order, or from receipt of information required under Condition 1 if later. We will use our best endeavours to dispatch from our works within the delivery period, but accept no liability for failure to do so unless a guarantee has been given in writing with a specified rate of liquidated damages for late delivery and you have suffered loss by the delay, provided that no liability is accepted if the failure to deliver on the guaranteed delivery date or within the guaranteed delivery period results from any cause outside our control including, without prejudicing the generality of the foregoing, strikes, lockouts and other industrial disputes. Date of delivery shall mean date of first delivery if and where there are any subsequent deliveries.
9. DAMAGE IN TRANSIT:
When the price quoted in our quotation includes delivery to customer, we will replace free of charge materials damaged in transit, provided that notice is given both to the carriers and to our offices to arrive within three days of delivery to you of the material and the damaged materials are dispatched back to us within 14 days of such delivery.
If you purchase our materials for the purpose of re-sale in the course of trade, you undertake with us not to make representations to or to give guarantees to your customers more extensive than those made or given by us.
Any extension of time or waiver of the terms of the contract by us shall not release you in any other respect from the terms of the contract.
Any notice invoice or document which we have to send to you shall be deemed to have been received by you in the normal course of post if we send it by pre-paid post (by air-mail in case of export sales) to the most recent address which you have notified to us for correspondence.
If you fail to make payment to us in accordance with these conditions, or commit any other substantial breach, or if you commit an act of bankruptcy, call a meeting of your creditors, or if (being a limited company) you commence to be wound up or have a receiver appointed to your undertaking or assets or a substantial part thereof, we may suspend or cancel work on the manufacture of materials ordered by you, or cancel delivery or stop the material in transit, and upon giving you notice thereof in writing and without prejudice to our accrued rights against you we may at our option cancel the contract.
No material supplied to you by us shall be exported by you without our prior consent in writing.
15. IRISH LAW:
The contract shall in all respects be construed and shall operate as an Irish contract and in conformity with the laws of the Republic of Ireland.
16. PASSING OF RISK AND TITLE:
(a) Unless otherwise stipulated in writing the risk in the goods shall pass to the purchaser when a Proof of Delivery has been signed by the purchaser or by the purchaser’s Representative.
(b) The property in the goods shall remain with the vendor until payment has been made and the purchaser hereby declares it to be the trustee thereof for the vendor.
(c) If the goods are sold by the purchaser such sale shall be as agent and for the account of the vendor and the vendor shall be entitled to the proceeds of such sale to the extent of any sums in respect of the goods due to it from the purchaser and the purchaser hereby declares itself trustee thereof for the vendor.
(d) Until payment for goods the purchaser shall keep them insured in their full replacement value on behalf of the vendor but at the cost of the purchaser. The purchaser shall do all such things including the execution of deeds and documents as may be necessary to protect the vendor's property of other rights in the goods.
(e) We reserve the right to charge interest on overdue accounts.
17. IMPORTED STONE:
Should the cost of imported stone (from the date of this quotation to actual date of import) exceed the stated or agreed formula the Company would charge this extra on production of supporting documentation.
18. TRADEMARKS, WARRANTIES & COLOUR:
(a) No guarantee or warranty is given that these goods are designed or suitable for the purpose of which they may be intended.
(b) Samples are only submitted as indicative of the product quoted for without any guarantee as to the colour or quality of the bulk. All quotations are made on the basis that sales are by description and not by sample, unless otherwise agreed specifically by the Company in writing
(c) Materials are supplied subject to natural formation characteristics, colour and marking variations.
(d) To avoid permanent staining remove any excess mortar from Stone surface immediately.
(e) To avoid any possibility of colour banding build from two separate packages.