Terms & Conditions
Kielty Ink terms and conditions of sale.
1. Terms and Conditions: These terms and conditions form part of every proposal, quotation, offer or contract of sale made by Kielty Ink to the
purchaser or customer (hereinafter called the “Buyer") and shall not be varied without the express written agreement of Kielty Ink. Kielty Ink herein includes Kielty Ink’s agents or servants. Kielty Ink reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Kielty Ink grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
2. Prices: All orders are accepted at prices ruling. Kielty Ink reserves the right to execute orders at prices ruling at the time of delivery. Kielty Ink reserves the right to amend prices to correct errors or omissions. Prices quoted are always on an "ex works" basis and Kielty Ink will, if requested, make a charge to cover the packaging, transportation's and insurance on the goods being supplied. All prices quoted are inclusive of VAT, which is added at the prevailing rate.
3. Terms of Payment: Full payment is due at the time the order is submitted, unless otherwise stated.
Kielty Ink reserves the right to withhold or cancel deliveries and to revoke any credit extended to the Buyer for any failure to pay for goods when due under this or any other contract with Kielty Ink. The Buyer shall indemnify Kielty Ink for any loss caused by reason of such withholding or cancellation of delivery.
3. Identity of Purchasing Party: Due to the nature of our business and the nature of the products we sell you may be contacted to provide photographic identification when you purchase certain products. If you purchase a product that requires identification and do not supply or refuse to supply identification your order will be cancelled. Where the order has been paid Kielty Ink reserves the right to make an administrative deduction to cover packaging and/or shipping label costs and/or order handling. Where the order has not been paid you will be invoiced for the administrative costs. IN ALL EVENTS your account will be disabled AND in some events your attempt to purchase will be reported to An Garda Síochána.
4. Delivery Dates: All delivery dates quoted are estimated, are not guaranteed and do not form a term of this contract. Kielty Ink undertakes to make every endeavor to adhere to the delivery schedule but will not accept cancellation of contract for, or liability for, any direct or indirect losses which may arise from late delivery. Where an order calls for a number of items, Kielty Ink reserves the right to dispatch all or any number of items as and when available and the buyer shall pay all invoices in respect of such deliveries in accordance with the terms of payment set out above.
5. Damage or Loss in Transit: Kielty Ink accepts no responsibility for damage or loss of goods in transit. Any such damage should be noted on the carrier’s paperwork and notified to Kielty Ink within four days of receipt and the goods held for inspection to enable a claim to be made on the carrier. If the goods are lost or not received by the Buyer within fourteen days of invoice Kielty Ink should be immediately notified.
6. Reservation of Title: Kielty Ink reserves title to the goods and the Buyer holds the goods delivered hereunder as bailee for Kielty Ink until the Buyer has:
(a) Paid Kielty Ink in full for such goods, or
(b) Resold such goods or articles containing such goods, and discharged funds to Kielty Ink.
whichever shall first occur.
As such Bailee the Buyer will store such goods, if unused, separately and so as to be identifiable as the property of Kielty Ink and the Buyer will on request and at the Buyer's expense separate the goods from any machinery or other articles in which they may be incorporated and re-deliver them to Kielty Ink. If the buyer shall resell the goods or machinery or other articles incorporate such goods to a sub-buyer without having paid Kielty Ink as aforesaid, the Buyer shall pay the proceeds of such resale to the extent that the Buyer has not so paid Kielty Ink, into a separate account in Kielty Ink’s name in trust for Kielty Ink and pending payment of such proceeds hold the right of enforcing such payment against the sub-buyer in trust for Kielty Ink.
7. Representation, Conditions and Warranties: Save as expressly set out herein, Kielty Ink shall not be liable for any representation made by or on behalf of Kielty Ink and all conditions and warranties expressed or implied, statutory or otherwise are excluded.
8. Warranty and Liability of Kielty Ink: Kielty Ink shall make every reasonable effort to have repaired or replaced free of charge any goods which are, or become, defective through any fault in design, material or workmanship in the manufacture thereof provided that such defect occurs within the lesser of 12 months of the date of purchase and provided that the Buyer notifies Kielty Ink of any such defect immediately after it occurs. Save as aforesaid under no circumstances will Kielty Ink be liable in contract or otherwise, for any loss, damage, expense or injury whatsoever, consequential or otherwise, arising out of or in connection with the supply, installation use or failure of, or defect in, the goods sold hereunder.
9. Events beyond Kielty Ink’s Control: If Kielty Ink shall be unable to comply with the terms of this contract by reason of: -
(a) War, mobilisation, riot, act of terrorism, civil commotion, strike, lockout or other industrial action or other circumstances beyond Kielty Ink’s control, or
(b) The fact that all or part of the goods ordered by the Buyer hereunder have become obsolete or unobtainable from the manufacturers for any reason whatsoever; Kielty Ink shall be entitled, on giving notice to the Buyer to such effect, to be discharged from further performance under this contract, without prejudice to the rights and obligations of Kielty Ink and the Buyer existing up to the time of giving such notice.
10. Claims: Save as set out under the condition regarding Damage or Loss in Transit, claims of whatever nature in respect of any goods sold or to be sold hereunder must be made in writing within 30 days from receipt of such goods or, in the case of non-delivery, within 30 days from quoted delivery date. Failing such claim, Kielty Ink shall not be liable to the Buyer in any circumstances.
11. Return of Goods: No goods may be returned without Kielty Ink’s written consent. Where goods are alleged to be defective or not in conformity with the manufacturer’s published specification, full details must be given and credit (or replacements) will not be issued until the manufacturer has agreed defects. In no circumstances will goods that have been used, altered or soldered be considered for credit or replacement.
12. Indemnity for the Buyer: The Buyer shall indemnify Kielty Ink against any claim by any person or corporate body in respect of any loss injury or damage howsoever caused, arising out of, or in connection with the goods to be supplied hereunder after their receipt by the Buyer.
13. Telephone Orders: Kielty Ink will accept orders provided the Buyer is able to supply an order reference, has an up to date account with Kielty Ink. The Buyer should send within 24 hours of Kielty Ink’s acceptance of the telephone order, an order which states clearly "Confirmation of telephone order". Kielty Ink’s conditions of sale will apply to all telephone orders. If the order is duplicated as a result of failure to send such written confirmation, the Buyer will accept the duplicated consignment unless otherwise agreed with Kielty Ink who may impose a cancellation charge.
14. Legal: This contract shall be governed by Irish law and any dispute arising out of it, or in connection with it, shall be justifiable only in the Courts of the Republic of Ireland.
15. Cancellation: Requests by a Buyer for cancellation of order will only be considered by Kielty Ink if made in writing and shall be subject to the written acceptance of Kielty Ink whereupon the Buyer shall indemnify Kielty Ink against all loss, costs, damages charges and expenses arising out of the order and the cancellation thereof. If the Buyer cancels an order there will be a minimum 30% cancellation charge.
16. Our maximum liability to you under the contract shall be the value of the goods that you ordered.