Terms & Conditions

SECTION 1 – INTERPRETATION

1.1 Definitions In these Conditions “Buyer” means the person whose order for the Goods is accepted by the Seller. “Contract” means the contract for the purchase and sale of the Goods. “Goods” means the goods (including any instalment of the goods or any parts for them), which the Seller is to supply in accordance with these Conditions. “Seller” means Adman Steel Limited of Ballycanew, Gorey, Co. Wexford, Ireland. “Writing” means includes telex, cable, facsimile transmission, electronic mail and comparable means of communication.

SECTION 2 – DESIGN AND BUILDING SPECIFICATION

2.1 Design Specifications The Seller’s Buildings are designed to the requirements outlined in Eurocode 0, Eurocode 1 & Eurocode 3 for locations similar to “town” environment with an altitude up to 100m above sea level. All buildings are designed to meet the requirements of execution class 2 i.e. the building is designed to be used for general storage and domestic recreational use such as garden sheds, garages, workshops etc. where in the event of building failure the consequences for loss of human life are low, and economic, social or environmental consequences small or negligible.

2.2 Base Requirements and Specifications Detailed base specifications will be provided upon request and should be used as a guide only. It is the sole responsibility of the Buyer to ensure that all concreting and ground preparations are carried out correctly and to the appropriate specifications to suit the intended use and location of the building.

2.3 Design Alterations The Seller reserves the right to make design changes, alterations and improvements to any of our buildings without notice. The design and construction detail of any of our buildings currently being displayed for sale purposes may vary to that of buildings currently being manufactured and delivered to site.

2.4 Building Specification and Intended Use The quantity, layout and description of and any specifications for the building shall be those set out in this order only, subject to such amendment, clarification, addition and deletion as is contained by the Seller’s acceptance. It is ultimately the sole responsibility of the Buyer to ensure that the building ordered is suitable for the purpose they intend to use it for.

SECTION 3 – DELIVERY

3.1 Re-scheduling and Cancelation In the event of the Buyer not having the site ready to accept delivery and fitting of the building, the Buyer must give no less than three working days written notice for re-scheduling. In the event of insufficient notice been given, the Seller reserves the right terminate the order and retain all deposits held. In the event of the Buyer cancelling this order the Seller also reserves the right to retain all deposits held.

3.2 Delay Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing.

SECTION 4 – PAYMENT

4.1 Method of Payment All payments are due in cash, banker’s draft, credit card or by cheque. The Seller reserves the right in respect of every payment to decline to accept payment by cheque and to require instead payment by (at the Seller’s option) banker’s draft, cash, or credit transfer.

4.2 Full Payment The Buyer shall not make any set-off against the price of the Goods or raise any counterclaim in diminution of the price due but must pay the price and all other charges due on the date of delivery of the Goods or on a previously written agreed date by the Seller. Any complaints regarding short delivery, alleged defects or faults in the goods, failure to deliver in accordance with the terms of the Contract, or other complaint shall leave the Buyer’s obligation to pay the entire price for the Goods and all other charges due under the Contract intact.

SECTION 5 – TITLE AND RECOVERY

5.1 Retention of Title The ownership of the Goods will only be transferred to the Buyer when he/she has met all that is owing to the Seller no matter on what grounds.

5.2 Recovery of Goods Following non-payment by the Buyer, the Seller has right of entry onto the Buyer’s premises in order to recover any Goods in question and the buyer permits the seller a right of access to the goods whenever there arises a right to repossession.

SECTION 6 – COMPLAINTS, WARRANTY AND LIABILITY

6.1 Damaged or Defective Goods On request from the Seller’s representative the Buyer or Buyer’s representative must sign off on the Goods upon delivery. It is the Buyer’s responsibility to inspect and highlight any damage or defects with the goods supplied at this point. In circumstances where the Buyer has not signed off on the delivered Goods the Buyer must report in writing within three working days any damage or defects. The Seller will not accept liability for such damage or defects outside of the above conditions.

6.2 Seller’s Liability Notwithstanding any of the provisions hereof the Seller’s liability in respect of any Goods supplied to the Buyer proved to be defective shall be limited to giving to the Buyer a reasonable credit or allowance in respect of such defective Goods or, at the Seller’s option, to replace such Goods or to repair such Goods but under no circumstance shall the liability of the Seller exceed the invoice price of the Goods supplied under any Contract.

6.3 Non-Liability of Seller representative In no case shall the Seller be liable for: –

(a) any adverse effects resulting from application to the Goods of any process, operation or treatment unless specifically recommended or agreed to by the Seller; or

(b) any expenditure incurred by the Buyer in respect of Goods alleged to be defective, or

(c) any loss of profit or any consequential or indirect loss or damage of any kind to the Buyer howsoever caused; or

(d) any Goods which have been processed in any way by the Buyer or damaged after the risk in the Goods has passed to the Buyer; or

(e) any Goods which have not been operated, handled or managed in accordance with manufacturers instructions; or

(f) breach of contract, negligence or any other liability howsoever arising, whether by statute or otherwise; or

(g) any damage to Buyer’s property stored within the goods.