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CONDITIONS OF SALE

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CONDITIONS OF SALE 19/08/2012
DEFINITIONS
A. "Seller" means Paul Glennon T/A Palmac
B. "Purchaser" means the person, firm or company to whom the Order is addressed.
C. "Goods" means the articles or things or any of them described in the Order.
D. "Order" means the Order placed by the Purchaser for the supply of the Goods.

ACKNOWLEDGEMENT
The Purchaser hereby acknowledges that the supply of the Goods by the Seller is subject to the acceptance of these conditions by the Purchaser who is deemed to accept the Goods on this basis.

DEPOSIT
A non-returnable deposit of 40% of the total purchase price (inclusive of VAT) will be required by the Seller before an Order is accepted.

PAYMENTS
(a) Unless otherwise agreed in writing, payment is due in full on delivery of the Goods.
(b) Where the Contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part shall be made as if the same constituted a separate contract.

VARIATIONS
Any variation, waiver or addition to these conditions shall not bind the Seller unless previously agreed in writing by a duly authorised offer of the Seller.

ALTERATIONS
Paul Glennon T/A Palmac reserves the right to alter any specification given without notice.

QUALITY AND DESCRIPTION
Unless the purpose for which the Goods are required is indicated in the Order either expressly or by implication, the goods are sold on the understanding that no warranty is given by the Seller that the goods are fit for any specific purpose. Price-lists, brochures and other descriptive matter relating to Goods produced or sold by the Seller are prepared to be best of the Seller's information, knowledge and belief at the time of such preparation but are under no circumstances warranted to be accurate or correct in any particular detail.

SALE BY SAMPLE
As woods and veneer are natural products variations in colour and grain are considered acceptable. Stains, paints, laminates are man-made products and consequently the Seller accepts no responsibility for variations which may occur. Goods within reason shall correspond with sample and description.

QUOTATIONS
Only Orders that refer to a specific quotation shall be deemed acceptable.

GOODS MANUFACTURED TO ORDER
As goods are custom made for the Purchaser, once the Purchaser orders them the contract herein contained becomes binding.

PASSING OF PROPERTY AND RISK
The property in the Goods supplied shall pass to the Purchaser when the purchase price for the Goods and for any Goods previously supplied has been paid in full. The Goods shall be at the entire risk of the Purchaser from the time the Goods are delivered to the Purchaser or to any third party on the Purchaser's instructions.

RETENTION OF TITLE
(a) The Goods are sold subject to RETENTION OF TITLE in favour of the Seller until such times as all monies due to the Seller with respect to the Goods are paid and received by the Seller.
(b) Until such time as the full purchase price is received by the Seller the following provisions shall apply:
(i) The Goods may be disposed of by the Purchaser provided always that in the event of such resale by the Purchaser the Purchaser shall hold any monies received therefrom in trust for the Seller.
(ii) In the event that the Goods are mixed or fused with material belonging to the Purchaser or to third parties in such a manner as to form a new inseparable product, ownership in the new product shall be deemed to arise in the hands of the Seller to the extent of the value of the contribution of the Goods supplied by it to the new product.
(iii) If the Goods are processed by the Purchaser so as to form new products, ownership in the new products shall be deemed to arise in the hands of the Seller in the proportion of the value of the Goods supplied by it.
(iv) Pending receipt of all monies due to the Seller with respect to the Goods, the Goods shall be stored by the Purchaser in a manner so as to make them easily identifiable from other goods stored by the Purchaser at his or its premises.
(v) Pending receipt of all monies due to the Seller with respect to the Goods, the Purchaser HEREBY AUTHORISES the Seller to enter onto any premises owned or occupied by the Purchaser and at which the Goods are stored or kept for the purpose of removing the said Goods.
(vi) In the event of the resale of the Goods prior to the receipt of all monies due to the Seller with respect to same, the Purchaser shall notify all subsequent sub-purchasers of the Goods of the provisions of this Retention of Title clause.

CANCELLATIONS
After the Goods have been ordered cancellations will not be entertained.

RE-POSSESSION
Should the Purchaser be in breach of any of the conditions herein contained or, if the Purchaser is a limited company, shall go into liquidation or have a Receiver appointed or, being an individual, shall be adjudicated bankrupt or shall enter into any composition or arrangement with his Creditors, then, in any such case the Seller shall be absolutely entitled to enter into any premises wherein the Goods supplied, to the Purchaser are stored for the purpose of re-possessing such Goods without notice to the Purchaser or any person claiming title by or on behalf or in trust for the Purchaser and the Purchaser hereby agrees to indemnify the Seller in respect of any claim arising from the exercise by the Seller of the powers herein contained.

LAW APPLICABLE
The proper law of this contract shall be deemed to be law for the time being of the Republic of Ireland. The Parties hereby agree that this contract shall be deemed to have been entered into at the premises of the Seller.



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