The acceptance of this tender includes the acceptance of the following terms and conditions.
No order shall be binding until confirmed in writing by us
Unless expressly accepted in writing by us, any variation in these Conditions must be deemed to be and will be
treated as inapplicable.
Payment net 30 days following the date of delivery.
The time given for the execution of the order shall be reckoned from the date on which we receive your written
order. We will use our best endeavours to dispatch by the date given, but will not accept any liability for failure to
do so. Should dispatch be hindered or delayed by your instruction or lack of instruction or by any cause
whatsoever beyond our reasonable control (including strikes, lock-outs, fire, accidents, or defective materials) a
reasonable extension of time will be granted.
We will only be responsible for the capacity and the performance of the goods supplied being sufficient
and/or suitable for your purpose. Whilst we can use our best endeavours in regards to design, quality of
material and workmanship of the goods supplied, we give no guarantee or warranty in respect thereof, nor shall
any express of implied conditions, statement, guarantee or warranty arise by virtue of any statutory enactment
or otherwise, but in lieu thereof, we undertake to replace or repair at our option and to deliver, carriage paid
within Ireland, free delivery area, any goods or parts thereof proved to have been originally defective in design,
material or workmanship, if promptly returned to our workshop at Naas Ireland, carriage paid within 12
months from the date of dispatch.
Save and except as specifically provided under the foregoing clauses, we accept no liability for any loss or
damage consequential or otherwise attributable to our acts, defaults or failure to carry out the contract.
If at any time any question, dispute or difference shall arise between us, upon in relation to, or in connection
with the Contract, either of us may give to the other notice in writing of the existence of such question, dispute
or differential and the same shall be referred to the arbitration of a person to be mutually agreed upon, or
failing agreement to an arbitrator to be appointed by the president for the time being of the Law Society of
Ireland. Work under the contract shall, so far as may be reasonably practicable, continue during the
Arbitration proceedings and no payments which may or shall be withheld on account of such proceeding.
It is the responsibility of the Purchaser to examine and test the equipment on a daily basis. DEM will accept
no liability for losses due to inaccurate weights. The company is in no way liable for consequential loss or
damage of any kind arising from the performance or non-functioning of the equipment.
9. Retention of Title Clause:
Title shall not pass on any goods supplied by DEM Machines Limited to the customer until such time as the
full price thereof together with all taxes and other charges have been paid in full by the customer to DEM
Machines Limited. Any goods so supplied shall be at the customer’s risk from the time they are delivered to
their premises or such premises to which DEM Machines Limited may be directed for the purpose of
delivering. The Buyer shall permit the servants or agents of the Seller to enter on the Buyer’s premises and
repossess the goods at any time prior thereto. In the case of non-payment on the due date and upon demand
the Buyer must return forthwith to the Seller all merchandise unpaid for.
10. Jurisdiction and Applicable Law
The Proper Law of this Contract shall be deemed to be Law of the Republic of Ireland.