Statement of Trading Conditions
1. Interpretation – In these conditions of service
“Supplier” means Bee Bathrooms Ltd registered in Ireland No. 714118, whose registered office is at 5 Slaney Court, Slaney Road, Dublin Industrial Estate, Glasnevin, Dublin 11.
“Customer” means the person who purchaser the Services.
“Services” means the materials, goods and services ordered by the Customer from the Supplier following the completion of a survey and, itemised in an order which has been accepted by the Customer.
2. Performance Dates: The Supplier shall use reasonable efforts to meet any stated dates for performance but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused. The time for delivery of the Services shall run from the date of payment of the deposit by the Customer.
3. Queries and Complaints: Notification of queries and/or complaints must be sent in writing by post within 30 days of the problem arising or, days of completion of the Services, whichever is the earlier.
4. Prices: The price of the Services is as stated on the Supplier’s quotation as at the date of the order.
5. VAT: Unless expressly quoted as including VAT, all prices are exclusive of value added tax or any other Government taxes or duties which, if applicable, shall be paid by the Customer.
6. Payment Terms: Unless otherwise agreed in writing by the Supplier, the Customer shall make a deposit payment of 25% of the price on the acceptance of the order. Another 25% is payable at commencement of works, the balance due for payment on completion of the Services. The deposit paid by the Customer is non refundable in all cases.
7. Title: Title to the materials and goods supplied by the Supplier as part of the Services shall only pass to the Customer on payment in full to the Supplier in accordance with the payment terms.
8. No Deductions: The Customer shall make all payments in Euro, without any set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
9. Interest: The Customer shall pay to the Supplier interest on any overdue amount a rate of 2% per annum above the refinancing base rate of the European Central Bank from the due date for payment until payment, calculated on a daily basis and compounded monthly. Interest will be payable both before and, after judgment.
10. Warranties: The Supplier warrants that the Services will be provided with due skill, care and diligence and, that any materials used will be sound and reasonably fit for the purpose for which they are supplied. The benefit of any manufacturer’s warranty on materials or goods included in the Services will be assigned to the Customer on payment in full in accordance with the payment terms.
11. Remedy: Subject to clause 14, if the Supplier is in breach of the warranties given by it under clause 10, its liability shall be limited to: Correcting the relevant fault at its own expense; or at the option of the Supplier, reimbursement of the price of the Services in question.
12. No Other Liability: Subject to clause 14, the Supplier shall have no further liability to the Customer other than as described in clause 14, whether under these conditions of service or on any other basis including liability in tort as a result of the sale of the Services.
13. Consequential Loss, Etc.: Subject to clause 14, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of service, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.
14. Non-Excludable Liability: Nothing in these conditions of service shall exclude or limit the liability of the Supplier for death or personal injury resulting form the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a Customer.
15. Sub-Contracting: The Supplier may in its discretion delegate any of its duties in the provision of the Services.
16. Relationship of the Parties: Nothing in these conditions of service or elsewhere shall be deemed to make the Supplier and employee, agent or partner of the Customer for any purpose whatsoever.
17. Power to Vary: The Supplier reserves the right to alter or vary these conditions at any time on giving days notice thereof to the Customer.
18. Governing Law: These conditions of service shall be governed by Irish Law.