TERMS & CONDITIONS
1. Price and Payment
1.1 The price payable for the Goods that you order is clearly set out on our website.
1.2 It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
1.3Prices include Irish value added tax (“VAT”).
1.4 Sale special price applies to stock items only. Sale special prices do not apply to custom made items.
1.5 If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
1.6 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
1.7 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
1.8 If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
1.9 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
1.10 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
2. Quotations
2.1 All quotations by the Company are subject to acceptance within 28 days. The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Customer. No quotation issued by the Company shall constitute an offer to supply goods.
2.2 Verbal quotations for stock availability and current price are correct at the time given by the Company, but unless confirmation of an order by the Customer is given immediately, and deposit placed at this time, the Company cannot guarantee stock availability or price.
2.3 Quotations are only valid in writing & when signed by authorised personal only, or in the form of official company paperwork (invoice, quotation, pro-forma etc).
2.4 A contract exists only when a deposit is placed on a quotation.
Terms of Trade for Forté Flooring Ireland
1. General
(a) Forté Flooring Ireland ("the Company") acknowledges the customer's order based on these terms, constituting the entire agreement between the Company and the customer. No other understandings, representations, or warranties form part of this contract unless expressly modified in writing by both parties.
(b) Placement of an order by the customer with the Company indicates acknowledgment and agreement with these terms.
(c) In the event of invalidity of any part of these terms, the remaining provisions shall remain effective.
(d) In case of default in payment, the customer shall bear all reasonable costs, charges, and legal expenses incurred by the Company in the recovery of outstanding amounts.
(e) Customer's assignment of rights or obligations under these terms requires prior written consent from the Company.
(f) For business-to-consumer transactions, where applicable under the Consumer Guarantees Act 1993, the provisions of that Act remain effective. Otherwise, the customer contracts for business purposes and opts out of the Consumer Guarantees Act 1993.
2. Price and Payment Terms
(a) Prices are subject to change without notice. The price applicable for goods ordered is the price at the date of dispatch.
(b) All prices exclude Goods and Services Tax (GST), which the customer is liable to pay. Any other taxes or duties are the customer's responsibility.
(c) For exported goods, payment must be made in Euro.
(d) Unless otherwise stated, all prices are due for payment prior to product dispatch.
(e) Deposits required with an order are non-refundable for custom/indent products and may be partially refundable at the Company's discretion for standard products.
(f) In case of late payments, the Company may charge interest or demand advance payment for undelivered goods.
3. Delivery
(a) The Company may withhold delivery if the customer breaches any obligations under Clause 2.
(b) Failure or refusal by the customer to accept delivery constitutes delivery as per the Company's willingness to deliver.
(c) The Company reserves the right to dispatch orders in one delivery or by instalments.
(d) Delivery time estimates are made in good faith but are not binding.
(e) Customer-requested delivery methods incur delivery costs from the point of dispatch, unless otherwise agreed upon.
4. Shortages
(a) The Company's liability for shortages is limited to rectifying the shortage. Claims must be reported within 3 days of delivery.
5. Risk and Loss in Transit
(a) Risk passes to the customer upon collection or passage to a carrier for delivery.
(b) Claims for damage or loss in transit must be made following specific procedures within 3 days of receipt of goods.
(c) Claims after 3 days of receipt are not considered.
(d) While the Company doesn't accept liability for goods damaged or lost in transit, it should be informed of any claims.
(e) The Company's liability for inadequately packed goods or its own delivery vehicles is limited.
6. Return of Goods for Credit
(a) The Company is not obligated to accept returned goods and will do so only with express approval.
(b) Returned goods must be delivered at the customer's expense in their original condition and packaging.
(c) The customer must provide the original invoice number and reasons for return.
(d) The Company may levy a restocking fee on returned goods, at its discretion.
7. Disputes
In case of invoice disputes, the disputed amount shall be promptly paid.
8. Ownership
(a) Ownership of goods remains with the Company until full payment is received.
(b) Until payment, the customer agrees to identify and maintain the goods as Company property and return them upon request.
(c) The customer agrees to meet all costs in reclaiming goods upon default.
(d) The customer may sell goods on behalf of the Company until payment, holding proceeds in trust for the Company.
(e) The customer cannot charge or deal with the goods contrary to these terms.
(f) The Company reserves the right to cancel the customer's rights under these terms upon default.
(g) Upon termination of rights, the Company may repossess goods and take necessary action for recovery.
9. Company's Liability and Maintenance Guarantee
(a) Goods ordered must be fit and suitable for their intended purpose, and the Company holds no liability if they are not.
(b) For goods not of the Company's manufacture, the customer is entitled only to benefits received from manufacturer guarantees.
(c) The Company's liability is limited to replacement or repair of defects arising under normal use within the guarantee period.
(d) This warranty excludes damage from misuse, neglect, or improper operation.
(e) Customer information provided by the Company is without liability or responsibility.
10. Errors or Omissions
Clerical errors or omissions are subject to correction.
11. Force Majeure
The Company shall not be liable for loss or damage arising from any delay or failure beyond its control.
12. Compliance with Regulations
The customer is responsible for obtaining necessary permits and complying with all applicable laws.
13. Proper Law
The contract and these terms are governed by Irish Law, and the Irish courts have exclusive jurisdiction.
14. Privacy Act
The customer authorizes the Company to collect and hold information as required for credit inquiries.
15. Personal Property Securities Act 1999 ("PPSA")
This clause outlines the Company's rights in relation to goods supplied under this contract and registration of security interests.
16. Acceptance
Placing an order or accepting delivery indicates the customer's acceptance of these terms, prevailing over any other document or agreement.
17. Security and Charge
The customer charges its rights in any assets to secure performance under this contract.
18. Construction Contracts Act 2002
For construction work under this Act, payments must be made according to specified schedules.
19. Deposits
Deposits for custom/indent products are non-refundable, and for standard products, refundability is at the Company's discretion.