The Contract shall constitute the agreement between Willie Duggan and the Buyer in respect of the supply of Lighting Goods and services to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
The Buyer’s Order shall be deemed to incorporate and accept fully these conditions and shall not be deemed to be accepted by Willie Duggan unless and until confirmed order details and payment have been received by Willie Duggan in full.
The price of the goods shall be the Willie Duggan quoted price and are expressed in Euro (including and excluding VAT). These prices are subject to change without prior notification in order to cover any variation in cost to Willie Duggan of supplying the goods. Orders below €100 before VAT will be charged with an extra €25 euro handling fee.
Terms of Payment
Unless otherwise agreed in writing by Willie Duggan Lighting and as a condition precedent to the performance of Willie Duggan’s obligations under the contract, payment in full for all products supplied by Willie Duggan is due in advance.
Payment shall be made in Euro as set out on the invoice. In the instance of online ordering a customer may select a currency whilst ordering, choices currently are €, $ or £.
If the buyer fails to make any payment on the goods than the contract will be suspended or cancelled until such time as payment is made.
Timeframe for ordering and delivery of items will not start until all specification details have been agreed between the Buyer and Willie Duggan and payment is received
Delivery dates quoted by Willie Duggan are given in good faith but are estimated only. Willie Duggan shall not be liable to the Buyer for any delay in delivery or any injury or loss resulting from delay in delivery
Willie Duggan undertake to provide all our customers with accurate delivery information, however at times, delivery may be outside of our control. We undertake to do our very best to make sure that customers are aware of any delay to the delivery of their order. We ask all customers who are working to a tight deadline to contact us first before ordering so we can confirm delivery dates. Customers should note that at busy periods such as at Christmas & summer holidays extra time should be allocated for orders to be fulfilled.
Willie Duggan may suspend the whole or part of the contract if by some unforeseen circumstance that may prevent or hinder from performing obligations or is rendered difficult to perform.
Willie Duggan reserves the right to cancel, without any penalty, any order without specifying a reason. In such cases, provided the payment has been paid and has cleared properly, Willie Duggan will undertake to issue a refund by the original method of payment within 7 working days.
Goods are only returnable in the case of damage as above.
Non-standard or special order products cannot be accepted for return.
Title, Property, Risk
Risk of damage to or loss of the goods shall pass to the Buyer once Goods are delivered to the delivery address supplied.
The goods (legal and/or equitable) shall not pass to the buyer until Willie Duggan has received in cash or cleared funds, payment in full on the price of the goods and all other goods agreed to be supplied by Willie Duggan to the Buyer for which payment is then due.
In cases where Willie Duggan makes a contract of carriage and/or arrange for insurance of Goods in transit they shall be deemed to be acting as the Buyer’s agent.
All estimates of costs, plans, drawings, catalogues, photographs, illustrations and similar descriptive material remain the property of Willie Duggan and shall be returned to them unless agreed otherwise. No item may be copied or handed to a third party without the written consent of Willie Duggan.
Defective Goods, Limitation of Liability and Indemnity
Willie Duggan warrants that Goods will conform in all material respects to their specification and will be free from defects in design, material and workmanship under normal conditions of use for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire provided that the defect is not attributable to fair wear and tear or any fault or damage arising from impact, modification, accident, neglect, abnormal working conditions, inappropriate working conditions, inappropriate use or treatment, incorrect handling or exposure to such other substances as may be injurious to such materials.
If delivery is not refused, and the Buyer does not notify Willie Duggan in accordance with clause Breakages, shortages and other claims, the Buyer shall not be entitled to reject the Goods and Willie Duggan shall have no liability for any defect or failure which was reasonably apparent upon inspection, and the Buyer shall be bound to keep the goods as if the Goods had been delivered in accordance with the Contract. In no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, which is so slight that it would be unreasonable for him to reject them.
Willie Duggan sole liability for breach of the warranty set out above shall be Willie Duggan option to repair or replace defective Goods, or to refund the Contract price.
If Willie Duggan complies with above, it shall have no further liability for a breach of the warranty in respect of such Goods.
Any Goods replaced by Willie Duggan will belong to Willie Duggan and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
Nothing in these conditions excludes or limits the liability of Willie Duggan for death or personal injury caused by Willie Duggan negligence or fraudulent misrepresentation.
Willie Duggan shall not be liable for any loss of profit, loss of business, depletion of goodwill, damage to reputation or otherwise or other economic loss (whether direct or indirect) or any special or indirect losses, costs, expenses or other claims for special compensation whatsoever and howsoever caused (whether by negligence or otherwise) which arise out of or in connection with the Contract.
Without prejudice to the other provisions of this clause, Willie Duggan aggregate liability under the Contract in respect of any breach of contract, negligence or otherwise, shall not exceed the price paid by the Buyer for the Goods and/or Services.
All other conditions, warranties or other terms whether, express or implied, statutory or otherwise, inconsistent with this clause are hereby expressly excluded to the fullest extent permitted by law.
The Buyer shall indemnify Willie Duggan against all liability incurred by Willie Duggan to third parties arising in any way out of the performance of the Contract.
Suspension and Termination
No order which has been accepted by Willie Duggan may be cancelled by the Buyer except with the agreement in writing of Willie Duggan and on terms that the Buyer shall indemnify Willie Duggan in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages, charges and expenses incurred by Willie Duggan as a result of cancellation.
In the case of an online order the customer or buyer has two working days in which to cancel the order from date of order. Cancellation must be made in writing and must be agreed by the Digital Marketing Manager to be valid. In the case of acceptance of cancellation a refund will be made in the original form of payment within 7 working days from date of cancellation.
The Buyer shall be exclusively responsible for (and shall indemnify Willie Duggan against) all customs duties and other costs of importation and costs of obtaining confirmation of payments, letters of credit and for obtaining all licenses relevant to the sale and delivery of and payment for the Goods (delivery being subject to the Buyer obtaining all such licenses).
Unless otherwise agreed in writing payment for international sales shall not be deemed completed unless payment in full has either been received by PayPal, Credit Card Payment or Bank Transfer to Willie Duggan account.
Willie Duggan delivery terms will conform to Incoterms 2000.
Breakages, shortages and other claims
The Buyer will inspect the goods on delivery and any defect or damage which is not reasonably apparent on receipt shall be notified by the Buyer to Willie Duggan by email to [email protected] within three (3) working days of receipt. Damaged goods must be returned to Willie Duggan before replacement will be considered. The cost of picking up damaged goods and arrangement of same shall be the responsibility of Willie Duggan. Agreement and a goods return number must first be obtained from Willie Duggan sales office before any goods are returned. No goods will be accepted back without prior consent of the Digital Marketing Manager at Willie Duggan.
Specifications, Warranties, Liabilities
The assessment of the Goods, suitability, quality and fitness for purpose is the Buyer’s responsibility irrespective of any specifications, formulations, data, literature and statements as to content, suitability, performance or otherwise, issued, and description and samples given, by Willie Duggan.
Goods are supplied on condition that the Buyer undertakes at all times to take notice of and comply with (and draw to third parties’ attention and require them to take notice of and comply with) all instructions and recommendations issued with or contained on or relating to the Goods or relevant data sheets, and all reasonable and prudent precautions as to installation, use, maintenance, cleaning and otherwise. For the avoidance of doubt, where the Goods comprise internal or external lighting, the Buyer shall be responsible for ensuring that such equipment is properly installed by a qualified electrician. Where the Buyer carries out or procures installation, Willie Duggan shall not be liable to the Buyer or any third party for any loss or damage, which arises, from the installation and/or use of such equipment.
All sizes, colours, finishes and any other descriptions or specifications published in any brochures, promotional or other information published in any medium are as accurate as possible within normal manufacturing tolerances and, in keeping with its policy of continual development, Willie Duggan reserves the right to alter such specifications and to supply Goods to the Buyer reflecting such altered specifications without prior notice to the Buyer provided that such alterations do not materially affect the characteristics of the Goods. Slight deviations within accepted tolerances shall not entitle a Buyer to cancel an order, return Goods or claim compensation.
When colours are shown in printed form they have been reproduced as accurately as possible within the limits of the printing process.
Any typographic, clerical or other error or omission in sales literature, quotation or price list, acceptance of offer, invoice or other document or information issued by Willie Duggan shall be subject to correction without any liability on the part of Willie Duggan.
VAT / TAX is applicable at 23% on products that are ordered for delivery within the EU. If a product is being delivered outside the EU, the product is VAT exempt.
Within the EU a customer may apply for VAT exemption on production of their VAT number.
Example of VAT exempt countries: Switzerland, Ukraine, Russia, Norway, USA, Canada, Australia, New Zealand, etc.
Personal Customers must pay VAT unless they are able to provide a VAT number or are outside the EU.
These terms & conditions were last updated: December 2014