1.1 The Contract constitutes the terms and conditions governing the relations between the Compan y and the Purchaser. This Contract constitutes the entire agreement between the parties.
1.2 The date of this Contract is the date upon which an order which is placed by the Purchaser (which expression includes the Purchaser’s entities, servants, agents, sub contractors and assignees including any persons with sufficient and express authority to bind the Purchaser) either verbally or in writing with ZETES (“hereinafter the Company”) is accepted by the Company in writing. The placing of an order does not bind the parties to a Contract.
1.3 It is deemed that the person placing the order on behalf of the Purchaser with the Company, is authorised and empowered to bind the Purchaser.
1.4 It is deemed that the person issuing the said acknowledgement is authorised and empowered to bind the Company.
1.5 The Company agrees to supply to the Purchaser products including barcode scanners, label printers, label applicators, labels and any such other products which at the time of the Contract are sold by the company, to the Purchaser in consideration of receipt of payment subject to the terms of payment below.
1.6 The quantity and identity of products ordered are as per the invoice issued by the Company.
2.1 All prices quoted are exclusive of taxes and transportation charges unless otherwise agreed by the Company. Value Added Tax is shown separately on the Invoice to the Purchaser. The Invoice will indicate the product purchased, the quantity purchased, the price per unit, the delivery and/or shipping fees, the overall cost and VAT applicable as well as any pertinent information. Any amendment to the original order placed by the Purchaser will entitle the company to reserve the right to increase the price payable to reflect such variation, if necessary. The company reserves the right to amend accidental errors and omissions.
3.1 An Invoice is a bill drawn by the Company and issued to the Purchaser specifying money owed for an order. The date of the Invoice is the date appearing on the Invoice and not the date of receipt.
3.2 Payment is to be made by cheque, bank draft, money order or electronic transfer. Payment is received by the company upon receipt of cash or upon clearance by the company’s financial institution of any money order, cheque, draft or electronic transfer. Payment is not deemed to be made until the company receives all monies due and owing pursuant to any Invoice issued.
3.3 Payment must be made by the Purchaser within thirty days from the date of the Invoice. The Purchaser will immediately be in default of payment thereafter without reminder. A penalty at a rate of 1% of the total amount of the Invoice less shipping, per week or part thereof will be immediately payable by the Purchaser, such payment to be made in the manner outlined above. In the event of non payment, the company reserves the right to suspend credit, delay delivery of other orders and pursue any remedies available at law under this agreement.
3.4 Any grace periods for payment afforded by the Company to the Purchaser is without prejudice to the aforementioned payment terms.
4.1 Cancellation of all or any part of the or der placed by the Purchaser once the Contract is in existence will result in the payment of a cancellation fee at a rate of 20% of the value of the order cancelled less shipping and transportation. If an order is cancelled within seven days of the delivery date the company reserves the right to charge a cancellation fee up to 75% of the value of the order cancelled less any shipping or transportation costs.
4.2 Cancellation fees will be paid by the Purchaser within 30 days of cancellation.
4.3 The levying of a penalty or cancellation fee is without prejudice to the company’s right to pursue the Purchaser for losses arising due to late payment or cancellation otherwise at law.
5.1 The Company will use reasonable endeavours to meet a delivery date as indicated on the Invoice. The Company will not be liable for any loss, damage or consequential loss or damage whatsoever resulting from any delay in delivery. Upon delivery of the goods to the Purchaser all goods indicated in the Invoice are deemed to be received.
5.2 In the event that the delay in delivery is attributable to either an act of God or to circumstances of the Purchaser, the Company may fix a new delivery date. In the event that any delay in delivery is attributable to the Company, the Purchaser may cancel it’s order without compensation being due to either side, provided notice of default is sent by the Purchaser to the Company in writing and the products remain undelivered for another period equal to the period for delivery originally agreed.
5.3 Products shall not be returned to the Company in any circumstances without prior notice in writing issuing from the Purchaser to the Company and prior authorisation in writing being issued by the Company to the Purchaser.
6.1 The Company warrants, that on the date of delivery of any products supplied by it, shall be in good working order and in conformity with the original specifications in relation to the products.
6.2 In the event of a defect or fault effecting any products supplied by the Company, it shall, in it’s discretion, arrange for the products to be repaired or replaced in whole or in part, such defect or fault being notified to the Company in writing within a period of six months from the date of delivery of the product in question.
6.3 The Company alone shall assess the type of parts to be deployed for the purpose of repair or replacement and in particular, whether it is worth making standard changes or incorporating new or used components, providing the latter are in good operating order.
6.4 Products taken back or parts that are replaced shall revert to the ownership of the Company at the time they are taken delivery of, exchanged or replaced. The Purchaser shall do what is necessary to ensure transfer of title to such product or parts free from any charges.
6.5 In order to claim under the warranty, the Purchaser shall at it’s cost dispatch the product or defective element to the address provided by the Company. After repair or replacement by the Company, the product or element concerned will be returned to the customer such delivery being the responsibility of the Company. The Purchaser shall be responsible for installing and checking the repaired or replaced product.
6.6 In order to claim under the warranty, the Purchaser shall at it’s cost dispatch the product or defective element to the address provided by the Company. After repair or replacement by the Company, the product or element concerned will be returned to the customer such delivery being the responsibility of the Company. The Purchaser shall be responsible for installing and checking the repaired or replaced product
6.7 Prior to any warranty services being carried out (if ever) the Company reserves the right to check whether the services required by the Purchaser are indeed covered within the limits ofthe warranty granted. If not, the Company may require the Purchaser to accept an estimate before carrying out any services.
6.8 The aforementioned warranty is not applicable in the following circumstances:
6.9 The Company warrants the proper operation of the specific parts and items repaired or replaced by it for a period of three months as and from the date of their delivery. In the event of repair or replacement, it is not the proper operation of the product in it’s entirety that is warranted but the absence of defects in the part or right and repaired and replaced by the Company.
7.1 Title in the products is vested in the Company until the Company has received payment of the Invoice or amended Invoice in full. For the period until which the products remain in the Company, the Purchaser must keep the products free from any charge, lien or encumbrance. The Purchaser must also keep the products free from any loss or damage and indemnifies the Company in respect of any loss or damage occasioned to the products for that period.
8.1 Any reference in this Contract to “writing” or to equivalent expressions includes a reference to telex, fax or electronic mail.
8.2 The address of the Company for the service of notices in the state is The National Technology Park, Limerick.
8.3 The address of the Purchaser for the service of notices in the state is the registered office of the Purchaser or place of business, such registered office or place of business being within the state of Ireland. The Company shall be entitled to rely on any information provided by the Purchaser in this regard.
8.4 This Contract is governed by and interpreted in accordance with the laws of the Republic of Ireland.
8.5 Blackbird Data Systems Ltd trading as Zetes Ireland are registered with the Producer Register Limited for the WEEE and batteries and can offer WEEE takeback to our customers. Contact us for more information.