SOMORA motor parts

Terms & Conditions

1. Interpretation. In these conditions of sale:
    

   "Supplier" means Somora Motor Parts Limited registered in Ireland no. 111229, having its place of business at Unit 32, Lavery Avenue, Park West Industrial Park, Nangor Road, Dublin 21.

   "Customer" means the person who purchases the Goods.

   "Goods" means the goods ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.
    

2. Guarantee. Goods supplied are guaranteed for 12 calendar months from the date of purchase against faulty materials or workmanship (but not against defects arising from misuse, neglect or normal wear and tear). Any goods considered faulty should be returned promptly to the supplier with details of the purchase and the reason for their return. Goods found to be faulty under the terms of this guarantee shall be replaced or, in the alternative, a credit note for their replacement cost shall be issued. The supplier reserves the right to charge a handling fee if the goods are found not to be faulty. This guarantee does not affect the statutory rights of any customer.
    
3. Delivery Date. The Supplier shall use reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused. Delivery Location: Delivery shall be at the Customer's premises stated on the purchase order, unless otherwise agreed.
    
4. Instalments. Unless otherwise expressly agreed, the Supplier may make delivery in one or more instalments.
    
5. Packaging, Carriage and Insurance. The Prices are exclusive of any costs of standard packaging, carriage and insurance, which shall be arranged by the Supplier but paid by the Customer in addition to the price.
    
6. Reservation of Title. The ownership of all goods sold by the supplier to the customer shall remain with the supplier until all debts due to the supplier from the customer have been discharged in full. This shall not preclude the customer from selling the good to a third party in the normal course of business and delivering them subject to the condition that as long as the customer has not fully discharged any debt of Somora Motor Parts Limited, Somora Motor Parts Limited shall be entitled to pursue any claims the customer has against the purchaser emanating from that transaction. On appointment of a receiver or commencement of proceedings for bankruptcy or the winding up of the business of the purchaser, the supplier's representative or agents may repossess or trace any goods or the proceeds of sales or insurance in the purchaser.
    
7. Risk. The insurance risk on all Goods purchased shall pass to the Customer upon delivery. Delivery is deemed made when the Goods are made available to the Customer for unloading at the point of delivery, and for the avoidance of doubt, the Customer is solely responsible for unloading. In the event of goods being returned by the customer, the insurance risk remains with the customer until the goods are delivered to the supplier.
    
8. Queries and Complaints. All shortage, damage, defects or non delivery of goods must be reported in writing to the supplier within three (3) working days of the dispatch of the goods from the supplier. When reporting a claim, the customer shall quote the invoice number and the supplier will then issue a claim number which shall be quoted in all correspondence relating to the claim. Goods shall not be returned by the customer after delivery without the supplier's prior consent. The supplier will not accept goods returned three months after the date of delivery. In the event that the supplier consents to the return of goods, a handling charge of up to 25% will apply unless otherwise agreed between the parties. This does not affect the statutory rights of any customer.
    
9. Force Majeure. In the event of the performance of an obligation accepted by the supplier being prevented, delayed or in any way being interfered with by any cause beyond the supplier's control, the supplier may at its option suspend performance or cancel its obligations under the contract without liability for any damages or consequential loss resulting therefrom, such suspension or cancellation being without prejudice to the supplier's right to recover all sums owing to it in respect of costs incurred to date.
    
10. Prices. The price of goods is the price quoted in the supplier's catalogue unless the supplier gives notice in writing of a price change. It is the responsibility of the customer to verify the price at the time of ordering.
     
11. 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.
     
12. Time of Invoice. The Supplier may invoice the Customer upon despatch of the Goods.
     
13. Payment Terms. Unless the supplier agrees to supply the goods on credit, payment shall be made upon receipt of the goods. Where the supplier agrees to supply the goods on credit, the Customer shall make all payments due to the Supplier, on or within 30 days of the last day of the month in which the invoice is issued, by cheque OR in cleared funds to the bank account nominated by the Supplier.
     
14. No Deductions. The Customer shall make all payments in Euro, without set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
     
15. Interest. The Customer shall pay to the Supplier interest on any overdue amount at a rate of 7% 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.
     
16. Inability to pay debts. If the customer shall become bankrupt or insolvent or is unable to pay its debts or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a receiver, manager, administrator or examiner is appointed over all or any part of its assets or undertakings, the supplier shall be entitled to cancel the contract in the whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the supplier.
     
17. Warranties. The Supplier warrants that:
    1. at the time of sale, it will have title to sell the Goods to the Customer; and
        
    2. the Goods sold to the Customer will conform with the specification for them published by the Supplier or their manufacturer.
        
18. Liability. Subject to clause 23, all conditions and warranties express or implied (other than as to title) are hereby excluded except the supplier's implied undertakings as to conformity of goods with description of sample, quality and fitness for a particular purpose (so far as applicable) which apply in any sale by the supplier direct to any person dealing as a consumer. No representation is given as to the specification, performance or otherwise of the goods sold, nor is any assurance given as to the liability of any data included in any catalogue or other document, none of which shall accordingly form part of the contract or we be liable for. The total liability in respect of all claims of loss or damage attributable to any defect in or failure or unsuitability of goods supplied or to any negligence or breach of duty in relation thereto shall be limited to their contract price.
     
19. No Other Liability. Subject to Clause 23, the Supplier shall have no further liability to the Customer other than as described in Clause 20, whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of the Goods.
     
20. Consequential Loss Etc. Subject to Clause 2121, 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 sale, 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.
     
21. Non-Excludable Liability. Nothing in this these conditions of sale shall exclude or limit the liability of the Supplier for death or personal injury resulting from 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 consumer.
     
22. Application. These conditions of sale shall apply to any purchase of goods under an order which is accepted by the Supplier. No other terms shall apply to the sale of the Goods, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.
     
23. Severance. In the event that any of the terms, conditions or provisions of this contract shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions of this contract which shall continue to be valid to the fullest extent permitted by law.
     
24. Governing Law. These conditions of sale shall be governed by Irish law.