1. Interpretation In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“ the Buyer” means the person, firm or company who purchases the Goods from the Company:
“ the Company” means Island Energy Solutions T/A Leisure Batteries Ireland of registered address: 60 Loughinisland Road, Downpatrick, Co. Down
“ Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“ Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“ Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time (normally the next working day for small items). Cylinders are made to order and may take up to 14 days. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 30 days.
If items are required urgently then the Buyer should contact the Company to arrange an urgent delivery prior to placing the order.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery. Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
The price for the Goods shall, unless otherwise agreed, be the price displayed at the time of purchase minus any applicable quantity discounts. The displayed price for the Goods are exclusive of carriage and insurance which will be added at the checkout dependent on the weight of the Goods and the shipping method chosen.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds via credit card, electronic fund transfer or by check.
The Company warrants that the Goods are of satisfactory quality. All our products carry a return to base warranty (the length of which varies depending on the product) - any products deemed to be faulty within this period can be returned for repair or replacement without charge. If you are unhappy with your purchase for any reason and you wish a refund, you must contact us within 7 days of receiving the item and return the unit to us in good condition and in the original packaging within 21 days and we will refund you the original purchase price excluding carriage fees. All Goods returned to the Company for any reason must be accompanied by a Return Materials Authorization which can be obtained by contacting the Company.
The Company shall not be liable for any breach of warranty if the Buyer alters or repairs the Goods without the agreement of the Company or uses the goods outside of their rated specifications.The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the original purchase price of such Goods.
8. Limitation of Liability
The Company’s liability shall not exceed the purchase price of the Goods supplied and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to the laws of the United Kingdom and the parties submit to the exclusive jurisdiction of the United Kingdom.