GlenEco Enterprises Ltd. offer a full refund (including your deposit) if you cancel your order before the unit has gone into production.
If you cancel your order while the unit is in production or if you have requested a special-order item, GlenEco Enterprises Ltd reserve the right to withhold the cost of the special-order items.
Refunds will be made via the method of payment you used to make your purchase. Refunds (either full or partial if only a deposit has been paid) will normally be processed within seven (7) days of receipt of the returned goods (as set out herein) or cancellation of the order.
In these Conditions:
BUYER- means the person who buys or agrees to buy the Goods from the Seller. CONDITIONS- means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
CONTRACT- means a contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Conditions.
DELIVERY DATE- means the date specified by the Seller when the Goods are to be delivered, or the date on which delivery takes place, whichever is later. DELIVERY DESTINATION- means the location specified in the Contract for the delivery of the Goods ordered by the Buyer under the Contract.
PRODUCT – means the Sheds and associated products which the Buyer agrees to purchase from the Seller.
SELLER- means GlenEco Enterprises Ltd. having their registered office at Crossmahon, Lissarda, Macroom, Co.Cork.
SALES INVOICE/ORDER FORM-means the Product(s) which the Buyer has agreed to purchase in accordance with these conditions.
BASE- means floor of the Product(s)
MEDIATION NOTICE – notice to resolve dispute by mediation.
2.1 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 All orders for Product(s) shall be deemed to be an offer by the Buyer to purchase Product(s) pursuant to these Conditions.
2.3 Acceptance of delivery of the Product(s) shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract/Order Form/Sales Invoice. All changes to orders must be made and agreed in writing.
2.5 Quotations issued by the Seller (Unless in writing) do not constitute an offer by the Seller to supply the Product(s) referred to therein.
3.1 The Seller reserves the right to increase from time to time the current price list without giving written notification to the Buyer due to the volatile nature of the raw materials used and specific market conditions.
3.2 All prices are quoted in Euros unless otherwise specified, and all payments must be made in Euros unless otherwise agreed in writing by the Seller.
4.1 Delivery shall take place by such method as the Seller may in its absolute discretion decide, to the location specified by the Buyer on or as close to the Delivery Date as is reasonably practicable in all the circumstances. For the avoidance of doubt, the Delivery Date is approximate only, and unless otherwise expressly agreed in writing by the Seller, time is not of the essence for delivery.
4.2 Costs of constructing and delivery of the Product shall not be included in the price of the Product(s), unless otherwise stated in the Sale Invoice/Order Form.
4.3 No delay in the delivery of the Product(s) shall affect the price of the Product(s) or entitle the Buyer to reject any delivery or any further instalment or part of the order or any other order from the Buyer or to repudiate the Contract or the order.
4.4 If, for any reason, the Buyer fails to accept delivery of any of the Product(s) when they are ready for delivery or delivered, or the Seller is unable to deliver the Product(s) on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, the Seller may store the Product(s) until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). This provision is without prejudice to any of the Seller’s rights in relation to a failure by the Buyer to take delivery of the Product(s) or pay for them in accordance with the terms of the Contract.
4.5 Subject to the other provisions of these Conditions the Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs damages, charges or expenses caused directly or indirectly by a delay in the Product's delivery(s) (even if caused by the Seller’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds sixty (60) days. Neither shall the Seller be held responsible for accidental damage to the Buyer’s property at the time of deliver unless such damage is deemed to be intentional or malicious in nature.
5.1 Payment for the Product(s) shall be strictly in accordance with the payment terms of the Sales Invoice/ Order Form.
5.2 If the Order is cancelled after manufacture of the Product or manufacture of special order items have commenced the Seller reserves the right to enforce the contract in full and collect the full contract value.
5.3 In the event that payment is to be made by a letter of credit then it shall be an express condition of the Contract that the letter of credit is irrevocable and is drawn on or confirmed by a bank in the Republic of Ireland and paid over the counter in the Republic of Ireland and all the documentation is presented to the Seller when requested by the Seller or otherwise in accordance with the terms of the Contract.
5.4 All payments payable to the Seller under the Contract shall become due immediately on its termination despite any other provision.
5.5 Time for payment shall be of the essence.
5.6 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.
6.1 In the event that the Buyer fails to make payment of any invoice within its due date for payment then the Seller shall be entitled to (without limitation):
6.1.1 Charge interest on such invoice from the date of the invoice until the date of payment of the invoice at a rate of 8% above the base rate from time to time in force at the European Central Bank and such interest shall accrue at such rate after as well as before judgment;
6.1.2 Charge additional interest in accordance with the provisions of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 at such rates and for such times as may be permitted under these regulations;
6.1.3 Suspend or cancel deliveries of any Product(s) due to the Buyer;
6.1.4 Appropriate any payment made by the Buyer to such of the Product(s) (or any other Product(s) supplied under any other Contract with the Buyer) as the Seller may in its sole discretion think fit;
6.2 For the avoidance of doubt, the rights and remedies of the Seller set forth hereto are cumulative, not exclusive, and the exercise of one thereof shall not deprive the Seller of the right to exercise others.
6.3 The Seller shall be entitled to exercise the remedies in Condition 4 above
notwithstanding that risk and / or title to the Product(s) may not have passed to the Buyer.
7.1 Notwithstanding that delivery may have taken place and / or risk in the Product(s) may have passed to the Buyer, title to the Product(s) shall not pass to the Buyer until such time as the Seller has received in cash or other cleared funds full payment of the price of the Product(s) and all other Product(s) agreed to be sold by the Seller to the Buyer for which payment is then due.
7.2 Until such time as title in the Product(s) passes to the Buyer:
7.2.1 The Buyer shall hold the Product(s) as the fiduciary agent and bailee of the Seller, and shall keep the Product(s) separate from those of the Buyer and third parties, and shall keep the Product(s) properly stored, protected and insured against all normal risks, to the reasonable satisfaction of the Seller and identified as the Seller’s property and shall not destroy, deface or obscure any identifying mark or packaging on or related to the Product(s);
7.2.2 the Buyer shall be entitled to use, re-sell or distribute the Product(s) in the ordinary course of its business (save that such entitlement may be terminated forthwith by notice from the Seller to the Buyer, and shall automatically terminate without notice in the event that a receiver or examiner is appointed over any of the assets or the undertaking of the Buyer, or a winding up order is made against the Buyer, or the Buyer goes into voluntary liquidation (other than for the purpose of a solvent reconstruction or amalgamation) or calls a meeting for or makes any arrangement or composition with its creditors or any act analogous to the foregoing in any jurisdiction, and in the event of a liquidator or receiver being appointed then the buyer shall pay into a separate bank account any sums received from third parties in respect of the sales to them of Product(s) by the Buyer up to the amount of any indebtedness of the Buyer to the Seller for the sole benefit of the Seller); and
7.2.3 provided that the Product(s) are still in existence and have not been sold by the Buyer in accordance with Condition 7.2.2 hereto, the Seller shall be entitled at any time to require the Buyer to deliver up the Product(s) to the Seller, and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Product(s) are stored and repossess the Product(s).
7.3 Any Product(s) repossessed by the Seller may be resold or otherwise listed on such terms as the Seller may in its absolute discretion determine and the Buyer shall remain liable to the Seller for the difference between the net proceeds of such resale and all outstanding sums due to the Seller in respect of the Product(s) and for all costs and expenses incurred by the Seller in repossessing, storing, insuring and re selling the same.
7.4 The Buyer shall not pledge in any way, or charge by way of security for any indebtedness any of the Product(s) which remain the property of the Seller. Without prejudice to the other rights of the Seller, in the event that the Buyer purports to do so then all sums whatever owing to the Seller by the Buyer shall immediately become due and payable.
7.5 The provisions of these Conditions relating to payment for the Product(s) shall apply equally (and without limitation) to payment for fees or charges incurred by the Seller in undertaking any extra work, requirement, modification, test or inspection. 7.6 Upon termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this Condition 7 shall remain in effect.
7.7 Except where, prior to deliver the Seller agrees in writing to accept return of the Product(s) sold hereunder, Seller reserves the right to decline at its sole discretion requests from Buyer to return the Product(s) ordered but not accepted by Buyer for any reason. No returns may be made without Seller’s written approval. For approval and issuance of Product(s) return instructions, Buyer should contact Seller. Buyer shall pay all return transit charges to the location designated by Seller. Buyer may not set off from payments due to Seller any amounts for returns or expected returns except with Seller’s written permission. Seller shall not be obligated to issue any payments or credits for returned amounts where Buyer is in default of any of its payment obligations.
8.1 Subject to the provisions of Condition 9 below, the Seller warrants that the
Product(s) will correspond with their specification at the time of delivery and installation and will be free from defect in both materials and workmanship for a period of time from the delivery and installation date in accordance with the duration of the guarantee outlined in 8.2.
8.2 This warranty shall enter into effect from the delivery and Installation of the Product(s) and shall not in any event exceed the following time periods: (a) One year for the structural framework of the Product(s). (b) One year for the profiled steel sheeting of Products located in inland locations (locations more than 1km from the coast) (c) One year for the profiled steel sheeting of Product(s) located within 1km of the sea. (d) One year for Green house sheeting. (e) One year for doors, windows and moving parts.
8.3. Conditions of this Warranty and Product Guarantee
8.3.1 Products shall be maintained free of mechanical damage and accumulations of debris and other pollutants.
8.3.2 Products with roller doors shall have the roller door guides cleaned annually.
8.3.3 Hinges shall be lubricated annually.
8.3.4 Locks shall be lubricated annually.
8.4 Exclusions from the Guarantee – This Guarantee shall not cover:
8.4.1 The performance of the base (whether it be concrete or any other material).
8.4.2 Work carried out by Third Party Contractors.
8.4.3 Corrosion or other defects initiating or resulting from non- protected holes and cut edges.
8.4.4 Corrosion or other defects resulting from exposure to harmful chemicals.
8.4.5 Corrosion or other defects due to accumulations of dirt or other contaminants on or around the Products.
8.4.6 Corrosion or other defects resulting from the ingress of moisture through ventilation holes.
8.4.7 Defects initiating from fair wear and
tear.
8.4.8 Defects initiating from fire, lightning, flood, explosion, abnormal winds, earthquake, acts of war, riots, civil commotion, radiation, falling objects, vandalism and other extraneous causes, over which the Seller has no control. 8.4.9 Damage caused by misuse, wilful act or negligence, by the Buyer, or any other party.
8.4.10 Products exposed to the seafront as defined by a zone where sea water is capable of spraying, either partially or momentarily over the Products. 8.4.11 Any alteration or modification to the
Products.
8.4.12 The performance of any touch-up paint or over-paint used on the panels.
8.4.13 Colour fading of the
Products.
8.5 Assignment of this Guarantee is not permitted
8.6 Except where the Buyer is dealing as a consumer (within the meaning of section 3(1) of the Sale of Product(s) and Supply of Services Act 1980 (the “1980 Act”)), all other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Product(s) (including but not limited to sections 13, 14 and 15 of the Sale of Product(s) Act 1893 (as amended by section 10 of the 1980 Act)), whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
9.1 Without prejudice to the generality of Condition 8 above, the Seller shall be under no liability to the Buyer:
9.1.1 In respect of any defect arising from wear and tear, wilful damage, negligence, abnormal conditions, a failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Product(s) under the contract without the Seller’s approval;
9.1.2 whatsoever in the event that the full price (including, without limitation, those matters set out in Condition 7) for the Product(s) has not been paid by the due date for payment;
9.1.3 or otherwise be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the Seller’s obligations in relation to the Product(s) if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: (a) Act of God, explosion, flood, tempest, fire or accident;
(b) war or threat or war, sabotage, insurrection, civil disturbance or requisition; (c) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery; (g) power failure or breakdowns in machinery.
9.2 Where any valid claim in respect of any of the Product(s) is based on any defect in the quality or condition of the Product(s) or their failure to meet their specification is notified to the Seller in accordance with these Conditions then the Seller shall be entitled to fix or replace the Product(s) (or the part in question) free or charge, or at the Seller’s sole discretion refund to the Buyer the price of the Product(s) (or a proportionate part thereof calculated as follows- number of years on the maximum duration in accordance with condition 8.2, divided by the length of the duration of the term and multiplied by the sale value ), but upon the Seller undertaking either of the steps in this Condition 9.2 the Seller shall have no further liability to the Buyer. In any event, and notwithstanding anything else to the contrary, The Buyer shall not be entitled to any additional amounts or any other reimbursement, except as explicitly set forth in the preceding sentence of this Condition 9.2. For the removal of doubt, Buyer shall not be entitled to any reimbursement due to defect in the quality or condition of the Product(s) or their failure to meet their specification, unless Seller was notified of such defect and decided, at its sole discretion, not to replace the Product(s) (or any applicable component thereof) with conforming Product(s) or components. Notwithstanding anything else to the contrary in these Conditions,
Seller shall not be under any obligation to fix or replace the Product(s), or refund the price of such Product(s), unless (i) it was notified of the defect in the quality or condition of the Product(s) or their failure to meet their specification, and (ii) it had the opportunity to inspect the Product(s) within a reasonable time after it was notified of the defect/non-conformity of the Product(s). The Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Product(s).
9.3 Any claim (including any relating to the quality of the Product(s)) by Buyer arising out of this Contract shall be notified by the Buyer to the Seller by written notice setting forth fully the facts on which it is based immediately after the date when the facts were discovered or reasonably should have been discovered, but in any event no later than 90 days after the date the Product(s) were delivered by Seller. Buyer unconditionally waives any and all claims that are not made during the requisite period required by this Contract and Seller shall not be obliged to accept any such claims made after such period.
10.1 As between the Buyer and the Seller, all intellectual property rights and all other rights in the Product(s) and the Seller’s website shall be owned by the Seller, the Seller’s agents, subcontractors, consultants and employees as appropriate. 10.2 The Buyer shall indemnify the Seller on a full indemnity basis against any and all actions, costs (including, without limitation, the costs of defending any legal proceedings), claims, proceedings, accounts and damages regarding any
infringement of any patent, registered design, copyright, trademark or other industrial or intellectual property rights resulting from compliance by the Seller with the Buyer’s specific instructions relating to the use of the Buyer’s intellectual property rights.
11.1 All differences and disputes between the parties or any controversy of claim arising out of the Contract shall in the first instance be referred to mediation. To initiate the mediation a party shall give notice in writing (the “Mediation Notice”) to the other party requesting mediation. Unless otherwise agreed between the parties, the mediator will be nominated on the application of either part by the President for the time being of the Law Society of Ireland (or other officer endowed with the functions of such President or other officer as aforesaid if the President is unable of unwilling to make the appointment). The mediation will start not later than 28 days after the date of the appointment of the mediator. If the mediation does not start within 28 days (or such longer period as the parties agree in writing) from the date of appointment of the mediator or if the parties are unable to resolve the difference or dispute by mediation within fifty six days from the date of appointment of the mediator the difference or dispute shall be submitted to arbitration by a sole arbitrator to be appointed (in the absence of agreement between the parties upon such appointment and on the application of either of them) by the President (or other officer endowed with the functions of such President) for the time being of the Law Society of Ireland or (in the event of the President or other officer as aforesaid being unable or unwilling to make the appointment) by the next senior officer of that Society who is so able and willing to make the appointment and such arbitration shall be governed by the Arbitration Act 2010 provided however that if the arbitrator shall relinquish his appointment or be unable to complete his duties for any reason or if he be removed a substitute may be appointed in his place and in relation to such appointment the procedures hereinbefore set forth shall be deemed to apply as though the substitution were an appointment de novo which said procedures may be repeated as many times as may be necessary. The language which shall be used in these proceedings shall be English and the place of the proceedings shall be Cork.
The Buyer acknowledges and agrees that details of the Buyer’s name, address and payment record may be submitted to a credit reference agency, and the Revenue commissioners and personal data will be processed by and on the Seller’s as is necessary in connection with the Product(s).
