Terms and Conditions of Sale

Terms and Conditions of Sale

These Terms and Conditions govern all sales made by ZeNK Private Limited and apply to every contract between ZeNK Private Limited (the “Seller”) and the customer (the “Buyer”). Any variations to these Terms and Conditions will only be valid if agreed in writing by ZeNK Private Limited.

  1. General

  • These Terms and Conditions apply to all sales and no variation (including any terms on the Buyer’s contract or order form) will be effective unless expressly agreed to in writing by ZeNK Private Limited.
  • A contract is formed only when the Buyer’s order is accepted by the Seller.
  • The Buyer’s statutory rights under Sections 12, 13, 14, and 15 of the Sale of Goods Act, 1893 (as amended) remain unaffected, except as permitted by law where the Buyer is not dealing as a consumer.
  • Words and terms used herein shall have the same meanings as defined in the Sale of Goods Acts, 1893 and 1980, unless otherwise stated.

  1. Transfer of Ownership

  • Ownership of the goods remains with the Seller until full payment has been received for all amounts due from the Buyer.
  • If the Buyer sells or disposes of the goods before full payment is made, the Buyer shall act on their own behalf and not as the agent of the Seller. All proceeds of such sales shall be held in trust for the Seller.
  • Until payment is made, the Buyer must store the goods in a manner that clearly identifies them as the Seller’s property. The Seller retains the right to reclaim possession of the goods at any time.
  • The Buyer has no right to return goods except where agreed by the Seller.

  1. Delivery

  • Delivery times are estimates only. The Seller shall not be liable for delays in delivery.
  • If goods are not received within 5 days of the invoice date, the Buyer must notify the Seller and the carrier immediately.
  • The Seller reserves the right to make partial deliveries. Each partial delivery shall be treated as a separate contract.
  • Variations in the quantity of goods delivered, not exceeding 10% by value, will not entitle the Buyer to reject the goods or claim damages. The Buyer must accept and pay for the quantity delivered.
  • Carriage will be charged at a flat rate of €10 for net orders.

  1. Risk of Loss or Damage

  • Risk of loss or damage to goods passes to the Buyer once the goods are delivered to the carrier or to the stipulated delivery location.
  • The Buyer must indemnify the Seller against any loss or damage to the goods from the time the risk passes until full payment is made.
  • The Buyer must insure the goods for their full value and hold the insurance proceeds in trust for the Seller.

  1. Prices

  • All prices are as per the Seller’s current price list unless otherwise agreed in writing. Prices exclude VAT and other applicable taxes.
  • The Seller reserves the right to adjust prices before delivery to account for fluctuations in costs, currency rates, or other factors affecting the price of goods.
  • Carriage will be charged at a flat rate of €10 on all purchases unless otherwise specified.

  1. Terms of Payment

  • Payment must be made no later than the last day of the month following the month in which the goods are invoiced.
  • Late payments will incur interest, calculated on a day-to-day basis at the Seller’s current overdraft borrowing rate. Interest will be payable on demand and may be compounded.
  • This clause does not limit any other rights of the Seller to recover overdue payments.

  1. Product Description and Errors

  • While every effort is made to keep product descriptions and pricing accurate, errors may occur. If an error is discovered after an order has been submitted, the Seller will contact the Buyer with the correct details before accepting the order. The Buyer may cancel or confirm the order based on the revised information.
  • If the Seller is unable to contact the Buyer, the order will be treated as cancelled.

  1. Remedies for Defects

  • In the event of defects in goods, the Seller may at its discretion repair, replace, or issue a credit for the goods, provided that:
    • The Seller is notified in writing within 7 days of discovering the defect, and no later than 10 days after purchase.
    • The goods are returned to the Seller at the Buyer’s expense.
    • The Seller’s examination confirms that the defect is not due to misuse, neglect, or improper handling by the Buyer.
  • The Seller’s liability for defective goods shall not exceed the price paid by the Buyer. The Seller is not liable for indirect or consequential damages, including loss of profits.
  • This warranty does not apply to parts or accessories not manufactured by the Seller. However, the Seller will pass on any manufacturer’s warranty where applicable.

  1. Default by the Buyer

  • The Seller may cancel any uncompleted orders or withhold further deliveries if the Buyer:
    • Fails to comply with the terms of the contract, including payment terms.
    • Becomes insolvent, makes an arrangement with creditors, or is subject to bankruptcy or receivership proceedings.
  • In the event of default, the Seller may resell goods and hold the Buyer liable for any resulting losses.

  1. Infringement

  • The Buyer shall indemnify the Seller against any damages, costs, or liabilities arising from claims of infringement of patents, copyrights, trademarks, or other intellectual property rights as a result of goods being manufactured or supplied according to the Buyer’s specifications.

  1. Force Majeure

  • The Seller is not liable for non-performance due to causes beyond its control, including war, strikes, government actions, natural disasters, or supply chain disruptions. In such cases, the Seller may cancel or modify the terms of the contract without liability.

  1. Assignment

  • The Buyer may not transfer or assign their rights or obligations under the contract without the written consent of the Seller.

  1. Below Cost Selling

  • The Seller reserves the right to discontinue the supply of goods if the Buyer sells the goods at a price below the invoice cost.

  1. Product Images

  • Product images are for illustrative purposes only. The actual product may vary in design, color, and appearance from the images shown.

  1. Governing Law

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland.

 

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