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O’BRIEN COMPUTERS TERMS AND
CONDITIONS OF SALE All orders for goods accepted by
O’Brien Computers also known as OBC and OBC Systems (“the vendor”) are accepted
subject to the following conditions, which shall form part of and govern the
contract of sale. Acceptance of goods or placement of order shall be deemed to
be acceptance of these conditions of sale. Any term sought to be imposed by a
purchaser either in a document or otherwise that conflicts with or adds to these
conditions is not accepted. No agent or representative of the vendor has
authority to vary these conditions unless accepted in writing by a director of
O’Brien Computers (“a director”). 1.
Payment and Price
a)
The vendor reserves the right to vary the quoted price
for the goods by in accordance with market conditions at the date of actual
supply and the purchaser shall pay such amended price. Price Lists do not
constitute an offer.
b)
Where the purchaser had paid a deposit of 50% or greater
of the total order price, the vendor will guarantee the price upon the order for
a period not exceeding one calendar month.
c)
All deposits paid are non-refundable except where the
vendor is unable to effect delivery within one calendar month from the order
date. d) All invoices are due for payment on the date shown on the invoice. Payment is to be made in euros only. e)
No credit terms are available. 2.
Availability of Goods The vendor will use its best
endeavours to comply with the date named for despatch or delivery Any such dates
are given and intended as estimates only and is not to be the essence of the
contract. If owing to non-availability of the goods or any other causes beyond
the vendor's control, the vendor shall be unable to effect delivery hereunder it
shall be at liberty to determine the contract or part thereof by giving notice
in writing to the purchaser. 3.
Property and Risk For so long as any amounts remain
owing from the purchaser to the vendor (whether immediately due or not) title to
the property of the goods shall remain in the vendor and ownership will not pass
to the purchaser until the vendor has received payment in full. At any time
after, the due date for payment from the purchaser to the vendor, and so long as
such amounts have not been received by the vendor, in full, the vendor, at the
purchaser’s expense, shall have the right to enter the purchasers premises and
remove therefrom all goods which remain the property of the vendor. 4.
Design Variation Whilst the vendor makes every
effort to ensure that goods supplied correspond to in every respect with the
sample, specification or description provided as the case may be, the vendor is
not responsible for the minor variations in specification, in colour or other
design features, and no such minor variation shall entitle the purchaser to
rescind the contract or shall be the subject of any claim against the vendor, by
the purchaser. 5.
Claims
a)
No liability for any claim for damage or
non-functionality shall be accepted unless the purchaser notifies the vendor in
writing within seven days of delivery. This period may be extended at the sole
discretion of the vendor where the manufacturer's replacement policy exceeds
this deadline.
b)
No liability for any claim for missing items such as
manuals, etc. shall be accepted unless the purchaser notifies the vendor in
writing, within seven days of delivery.
c)
No liability for any claim will be accepted in the case
of goods differing in quantity or descriptions from the particulars given on the
delivery note unless the purchaser notifies the vendor in writing within seven
days of delivery and the onus is on the purchaser to prove any shortage.
d)
In the case of active third-party on-site maintenance
contracts, the purchaser accepts an obligation to use the services of the
contracted third-party to resolve claims under clause 5(a).
e)
In the case of manufacturers who operate direct product
support and returns procedures, the purchaser accepts an obligation to process
their claim directly through the manufacturer. 6.
Guarantee
a)
The purchaser shall, unless specified otherwise in
writing, be responsible for all carriage, telephone, postal and other incidental
charges incurred during the guarantee period.
b)
All guarantees’ are on a ‘return-to-base’ basis. The
vendor may at its discretion perform ‘on-site’ repair work. c) Except where otherwise explicitly stated all new goods shall be guaranteed for a period not exceed 12 months. On occasion where second-user goods are supplied at the purchasers request any such goods are supplied on an 'As is' basis, any guarantee is limited to a 'Dead On Arrival' check. d) Any goods supplied as replacements under any form of claim during the guaranty period shall be guaranteed for the remainder of the original guaranty period only. 7.
Returned Goods
a)
The vendor will not accept goods for credit or
rectification unless such return has been authorised by a director, and the
goods are received by the vendor in stock condition, with original packaging and
the vendor retains the right at its sole discretion whether to accept the return
of the goods or whether, to rectify the goods or whether to issue a credit note
in respect thereof. The vendor reserves the right to charge a restocking fee on
goods returned for credit, which are not in stock condition.
b)
The purchaser shall unless otherwise stated be
responsible for the cost of outward and return carriage and insurance of all
goods returned by the purchaser to the vendor for service or credit which goods
shall be at the risk of the purchaser until actual receipt of the goods by the
vendor. The onus of proof of safe delivery shall rest with the purchaser. c) All items returned to the vendor, by prearrangement and found to contain no fault, will be subject to a 25% restocking charge, providing the goods are in original stock condition. Acceptance of goods not in original stock condition shall be at the sole discretion of the vendor
d)
No credit shall be allowed for goods until they have been
received complete. 8.
Consequential Loss The extent of the vendor
liability to the purchaser for any default or breach whatsoever and howsoever,
arising shall in no case exceed the invoice value of the goods and the vendor
shall in no circumstances whatsoever be liable to the purchaser in respect of
any loss or damage whether suffered by the purchaser or any customer of the
purchaser and whether direct, indirect, consequential, or however else arising. 9.
Law
a)
If any part of these terms and conditions shall be found
to be unlawful it shall not affect the validity or enforceability of the
remainder of the conditions.
b)
This contract is and shall be deemed to have been made in
Ireland and shall in all respects be governed by Irish Law
c)
In respect of consumer sales only, statutory rights are
unaffected by these terms and conditions. 10. Web Services Additional terms apply to these services, see here for details
Updated may 2007 (Removed references to Nokia mobile phone unlocking services) Updated Aug 2004 Updated Nov 2003 11th Sep 2002
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Site Last Updated: June 12, 2010 Copyright O'Brien Computers ©2002 - 2010
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