These terms and conditions set out below do not affect your statutory rights as a customer.
Payment of order terms and conditions/policy
LAMARTINE TERMS AND CONDITIONS OF SALE
1.1. In these conditions
1.1.1. “Buyer” means any person, firm, company or body to whom LAMARTINE supplies any Goods;1.1.2 “LAMARTINE” means LAMARTINE (Company number 93120) whose registered office is Ballymount Road, Walkinstown, Dublin 12
1.1.3. “these Conditions” means the terms and conditions set out below (as amended from time to time by LAMARTINE) and any other conditions and/or terms of sale set out or referred to in LAMARTINE’S acknowledgement of order;
1.1.4. “Contract” means any contract between LAMARTINE and the Buyer for the sale of Goods by LAMARTINE to the Buyer, which contract shall comprise only these Conditions together with any terms specifically agreed in writing between the parties;
1.1.5. “Goods” means any goods which LAMARTINE agrees to sell to the Buyer (including any part or parts of them);
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. CONTRACT FORMATION
2.1. No order in pursuance of any quotation or otherwise will be binding on LAMARTINE unless and until it is accepted by LAMARTINE in a written acknowledgement of order or by despatch of the Goods.
2.2. Any quotation given by LAMARTINE does not constitute an offer and may be withdrawn by LAMARTINE at any time. In any event, any tender or quotation by LAMARTINE is deemed withdrawn unless accepted in writing by the Buyer within 30 days from its date, unless stated otherwise in the relevant tender or quotation.
2.3. Each Contract shall be subject to these Conditions to the exclusion of any conditions of the Buyer; any variation to these Conditions will only bind LAMARTINE if expressly agreed in writing by a director of LAMARTINE.
2.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document or information issued by LAMARTINE shall be subject to correction by LAMARTINE without any liability on the part of LAMARTINE.
2.5. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
3. PRICES AND PAYMENT
3.1. Subject to clause 3.2 the Contract price of the Goods shall be the price set out in LAMARTINE’s acknowledgement of order, or the price otherwise specified by LAMARTINE in writing.
3.2. Unless agreed otherwise in writing LAMARTINE shall be entitled to increase its prices at any time prior to despatch to take account of any increase in the cost to LAMARTINE of purchasing or supplying the Goods (including but not limited to any increase arising from any changes to the Buyer’s order requested by the Buyer or any change in carriage charges, insurance premiums, exchange rates, taxes or customs duties) and such increased prices ruling at the date of despatch by LAMARTINE shall be substituted for the previous Contract price.
3.3. Unless specified otherwise in writing by LAMARTINE all retail prices quoted are inclusive of VAT. Trade prices are exclusive of VAT which the Buyer shall be obliged to pay in addition to the quoted price.
3.4. The Buyer shall pay for all Goods in full no later than the time specified by LAMARTINE in its invoice or acknowledgement of order notwithstanding that title to the Goods has not passed to the Buyer. The time for payment of the price shall be of the essence of the Contract.
3.5. Without prejudice to LAMARTINE’s other rights and remedies, if the Buyer is overdue with any payment owed to LAMARTINE, LAMARTINE reserves the rights of ownership of any goods purchased.
3.6. Payment shall be made by the Buyer without deduction or set off of any kind.
3.7. Without prejudice to the other rights of LAMARTINE the Buyer shall pay all costs and expenses (including but not limited to legal expenses and other debt collection expenses) incurred by LAMARTINE in recovering and attempting to recover all or any amounts due to LAMARTINE from the Buyer.
3.8. LAMARTINE reserves the right to update its normal standard payment policy, which is deemed current at the time of contract. The payment policy is available on request
3.9 .Where a site survey is required there is an initial nonrefundable fee of €100. This fee is deductible from your total fireplace order and is not an extra cost. (i.e. where customer proceeds and places an order this €100 is deducted from your fireplace/granite order overall cost (i.e. Site survey carried out €100 already paid customer places an order of €2500 as you have already paid €100 your outstanding bill is now €2400). Where customer does not proceed with order following a site survey the site survey fee will not be refunded
3.10. On completion of your site survey and to proceed with your order Lamartine will require a 50% non-refundable deposit of your outstanding bill (i.e. using example above total €2500 less site survey fee paid €100 therefore €2400 @ 50% is €1200 leaving your balance at €1200 still outstanding).
3.11. Prior to installation and agreed fitting date you will be required to attending a viewing of your fireplace to confirm you satisfaction with your chosen fireplace
3.12 The balancing amount of your order is paid on satisfactory viewing of your fireplace prior to installation.
3.13 Prior to installation Lamartine policy is that any outstanding payments are paid in full and before fitting. This can be paid by cheque/cash/laser & credit card.
3.14 Laser cards/Cash/Cheque are also acceptable for payment these are not subject to a charge.
3.15 Cheque’s are made payable to Lamartine Ltd.
3.16 Where credit card/laser transactions are processed over the phone a C.V.V. three digit security code must be given by the purchaser. This number is located on the back of your card the last three digits after the end of your card number.
3.17 Where customer unable to supply their C.V.V. security code they must make payment with their card in person for swiping.
3.18 Upon payment an invoice/receipt will be processed and given to customer as proof of purchase.
3.19 Your purchase constitutes your acceptance of these terms and conditions and shall be deemed full and unconditional acceptance of our terms and conditions.
4.1. If the Buyer fails or refuses to take delivery of the Goods at the time and place stated for delivery, or the Buyer fails to give LAMARTINE adequate delivery instructions then, without prejudice to any other rights LAMARTINE may re-schedule delivery for a later date.
4.3. All delivery and performance dates quoted by LAMARTINE or included in the Contract are given in good faith but are estimates only. LAMARTINE reserves the right to change delivery dates and shall notify the Buyer as soon as reasonably practicable. Time for delivery and/or performance shall not be of the essence of the Contract and LAMARTINE shall have no liability for late delivery or performance. LAMARTINE shall also be entitled to defer delivery until all monies due from the Buyer (whether under the Contract or otherwise) have been received.
4.4. LAMARTINE may at its discretion deliver the Goods by instalments and invoice the Buyer for each instalment individually. Failure by LAMARTINE to deliver any one or more of the instalments or any claim by the Buyer in respect of one or more of the instalments shall not entitle the Buyer to refuse to accept delivery of any other instalment.
4.5. Unless specified otherwise by LAMARTINE delivery shall take place immediately prior to the offloading of the Goods at the Buyer’s premises or at such other premises as the Buyer and LAMARTINE may agree.
4.6 All goods will be deemed to have been delivered in good order unless LAMARTINE is notified in writing within 1 working day from receipt of goods. Quantities appearing on LAMARTINE’s delivery and returns docket shall be binding on the buyer unless written notification of any question relating thereto is received by LAMARTINE within 1 working day from receipt of goods.
4.7. Delivery charges (if applicable) are noted in LAMARTINES standard payment policy, which is deemed current at the time of contract. The payment policy is available on request.
5. TITLE AND RISK
5.1. Risk in the Goods will pass to the Buyer on the earlier of:-
5.1.2. when the Goods are ready for delivery but delivery is postponed at the Buyer’s request; or
5.1.3. the date on which the Buyer fails to take delivery in accordance with the Contract.
5.2. Until the Contract price of the Goods comprised in the Contract or any other contract between the Buyer and LAMARTINE, and all other sums whatsoever which are or may become outstanding from the Buyer to LAMARTINE, shall have been paid or satisfied in full as cleared funds:
5.2.1. the Buyer shall insure the Goods and, in the event of any loss or damage, shall immediately on receipt of the insurance monies remit to LAMARTINE the full Contract price of the Goods lost or damaged less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee for LAMARTINE;
5.2.2. the Buyer shall store the Goods in such a way (i) that is appropriate for such Goods, in accordance with any packaging instructions, legislation relating to such Goods and any other instructions of LAMARTINE (and LAMARTINE may request proof of storage on these terms); and (ii) that they can be readily identified as being LAMARTINE’s property;
5.2.3. the Buyer shall on request notify LAMARTINE of the precise location of each item of the Goods, identified where applicable by its invoice number, and shall return them to LAMARTINE on request;
5.2.4. the Buyer may sell the Goods in the ordinary course of business in the name of the Buyer as principal and not as agent for LAMARTINE; the Buyer acts as LAMARTINE’s bailee in respect of such sales and shall immediately upon such sale, and whether or not payment has become due under clause 3, remit to LAMARTINE the full purchase price of the Goods sold less any part of it which has already been paid and, until such amount has been so remitted, shall hold such amount as trustee for LAMARTINE;
5.2.5. LAMARTINE may at any time revoke the Buyer’s power of sale;
5.2.6. the Buyer’s power of sale shall in any event automatically cease in any of the circumstances set out in clause 8.3;
5.2.7. the Buyer shall notify LAMARTINE without delay of any attachment of the Goods or actions by third parties which might infringe LAMARTINE’s title to the Goods;
5.2.8. upon determination of the Buyer’s power of sale LAMARTINE shall be entitled by itself its servants or agents to enter upon any of the Buyer’s premises for the purpose of removing and repossessing such Goods or their proceeds of sale and LAMARTINE shall be entitled to claim from the Buyer the costs and expenses incurred by LAMARTINE in and ancillary to the process of removal and repossession; and
5.2.9. the Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of LAMARTINE, but if the Buyer does so, all moneys owing by the Buyer to LAMARTINE shall (without prejudice to any other right LAMARTINE may have) immediately become due and payable.
5.3.1 LAMARTINE may at any time give notice to the buyer requiring the buyer to redeliver at the buyers expense any goods supplied by LAMARTINE where the buyer is in default of payment or on dishonour of any bill of exchange or other negotiable instrument or at any time without any reason for so doing.
5.3.2 Nothing in these Conditions shall:
5.3.3.constitute or be deemed to have constituted the Buyer as LAMARTINE’s agent, or
5.3.3.prevent LAMARTINE from maintaining an action for the price, notwithstanding that the property in the Goods may not have passed to the Buyer.
6. DAMAGE OR LOSS IN TRANSIT
6.1. LAMARTINE will have no liability for damage in transit, shortage of delivery, non-delivery or loss of Goods unless the Buyer shall have given to LAMARTINE written notice of such damage, shortage or loss with reasonable particulars thereof within 24 hours of receipt of the Goods or (in the case of total loss or non-delivery) of receipt of the invoice or other notification of despatch. LAMARTINE's liability, if any, shall be limited to resupplying such Goods and it shall be a condition precedent to any such liability that the Buyer shall if so requested return the damaged Goods at its own expense to LAMARTINE within 24 hours of such request.
7. LIMITATION OF LIABILITY
7.1. LAMARTINE’s liability for defective Goods is limited to resupplying or (in its discretion) repairing Goods or providing a credit to the Buyer of the Contract price for Goods which in each case are found within 28 days of delivery to be defective because of faulty or incorrect design, workmanship, parts or materials.
7.2. If there is any error in any weight, dimension, colour or other description which has formed a representation or is part of the Contract LAMARTINE’s liability in respect of any loss, costs, expenses, liability or damage which the Buyer suffers as a result shall not exceed the price of the Goods in respect of which the description is incorrect.
7.3. Subject to clause 7.7, in the event of any negligence by LAMARTINE its employees or agents in or in connection with the supply of the Goods or the design or manufacture thereof, LAMARTINE shall have no liability to the Buyer save as expressly set out in this clause 7
7.4. LAMARTINE shall have no liability to the Buyer under these Conditions or under any Contract or otherwise:
7.4.1. where the Buyer has not within 7 days of discovering the same and within the time period specified in clause 7.1 given to LAMARTINE notice of any defect in the Goods and provided authority for LAMARTINE’s employees or agents to inspect the Goods or (at LAMARTINE’s request) returned the relevant Goods to LAMARTINE at LAMARTINE’s request and at the Buyer’s expense for the purposes of inspection; or
7.4.2. in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal use, failure to follow the manufacturer’s instructions, or the instructions set out in the instruction manual, or any other instructions (including any relevant legislation or regulations) misuse or alteration or unauthorised repair or use of the Goods; or
7.4.3.where the allegedly defective Goods have not been returned to LAMARTINE in their original packaging together with all related accessories and components.
7.5. LAMARTINE shall in no circumstances be liable for any indirect or consequential losses including, without limitation, loss of profits, loss of contracts, loss of business or loss of reputation of the Buyer even if LAMARTINE has been advised of the possibility of such loss.
7.6. To the fullest extent permitted by law all warranties, conditions and other terms implied by statute or common law are excluded from the Contract.
7.7. LAMARTINE shall not be liable for any delay or failure to perform its obligations under any Contract to the extent that such performance is delayed, prevented or hindered by acts of God, failure of suppliers, breakdown of machinery, war, riot, sabotage, explosions, strikes, lockouts, shortages of labour, materials or fuel, fire, storm, flood or any circumstances which are outside the reasonable control of LAMARTINE (“Force Majeure Events”). If delivery is delayed for more than 3 months from receipt of the order by LAMARTINE as a result of a “Force Majeure Event”, then either LAMARTINE or the Buyer may cancel the Contract and LAMARTINE will refund to the Buyer any payment made by the Buyer for such order but LAMARTINE shall have no liability in respect of such cancellation.
7.8. Subject to and without prejudice to the other provisions of this clause 7 if LAMARTINE has any liability to the Buyer under or arising out of a Contract (whether in contract, tort (including but not limited to negligence) or otherwise) such liability shall not in aggregate exceed the Contract price.
8. CANCELLATION AND TERMINATION
8.1. No cancellation, suspension or variation of the Contract by the Buyer shall be valid unless agreed by LAMARTINE in writing and such agreement will only be given on terms which fully compensate LAMARTINE in respect of any losses, costs, liabilities and expenses arising as a result of such cancellation.
8.2. If there shall be a Default as defined in clause 8.3 below LAMARTINE may, within a reasonable time after the Default defer or cancel any further deliveries, stop any Goods in transit and/or treat the Contract (and any other order or contact LAMARTINE may have with the Buyer) as determined but without prejudice to its rights to the full purchase price for Goods delivered and damages for any loss, cost, expense, liability or claim suffered by LAMARTINE in consequence of such determination.
8.3. A Default shall be any of the following:
8.3.1. failure by the Buyer to make any payment when it becomes due;
8.3.2. breach of contract by the Buyer;
8.3.3. the Buyer exceeds the credit limit set by LAMARTINE;
8.3.4 the buyer fails to meet any commitments it has made to LAMARTINE;
8.3.5. if the Buyer becomes bankrupt or insolvent or if a petition is presented, an order is made or a resolution is passed for the winding up of the Buyer or if an examiner is appointed in respect of the Buyer or if an encumbrancer takes possession of or a receiver is appointed over the undertaking of the Buyer or any of its property or assets;
8.3.6. if the Buyer ceases or threatens to cease to trade, or if LAMARTINE shall reasonably doubt the solvency of the Buyer.
8.3.7 If order cancelled deposits paid are non-refundable.
9. RETURNS POLICY
9.1. The Buyer shall not be entitled to return for credit any Goods unless LAMARTINE agrees in writing to such return. Any request for the return of Goods for any reason must be accompanied by the invoice number and the date on which the Goods were received or delivered together with the reason for the request. Save where LAMARTINE agrees that the returned Goods are defective due to faulty or incorrect design, workmanship or materials, LAMARTINE reserves the right to make a charge to cover the costs of administration and a handling charge up to 10% of the original invoice price of such Goods will be payable by the Buyer to LAMARTINE. Where any Goods are returned requiring reboxing or rework LAMARTINE reserves the right to make a charge for the costs for carrying out such work.
9.2Any Goods which LAMARTINE may agree in writing may be returned by the Buyer must be returned at the Buyer’s expense. The Buyer agrees to comply with LAMARTINE’s Returns Procedure (a copy of which is available upon request) when returning Goods to LAMARTINE
9.3 Any deposits paid are nonrefundable
10.1 The Buyer is responsible for checking the patent situation in the country of destination and in the country of sale for all products purchased. LAMARTINE shall have no liability for any patent infringement.
11.1. Any notice required or permitted to be given by either party to the other under the Contract shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time be notified pursuant to this provision to the party giving the notice.
11.2. Failure by LAMARTINE to enforce strict compliance with these Conditions by the Buyer shall not constitute a waiver of any provisions of these Conditions. No waiver by LAMARTINE of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3. If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
11.4. LAMARTINE shall be entitled to sub-contract, assign or transfer all or any of its rights and/or obligations under the Contract to any person, firm or company. The Buyer shall not be entitled to assign all or any of its rights and/or obligations under the Contract without the prior written consent of LAMARTINE.
11.5. All Contracts shall be governed by and construed in accordance with the laws of Ireland and for the exclusive benefit of LAMARTINE the Buyer agrees to submit to the exclusive jurisdiction of the Irish Courts provided always that LAMARTINE shall be entitled to proceed against the Buyer in any jurisdiction.