Refund Policy

1. DEFINITIONS AND INTERPRETATION

“Company” means IPL Group.

“Customer” means the person who buys or agrees to buy the Goods or Services from the Company or whose order for the Goods is accepted by the Company.

“Goods” means the goods or services which the Company is to supply in accordance with these Conditions.

“Conditions” means the terms and conditions of sale set out in this document and any Terms and Conditions agreed in writing by the Company.

“Price” means the price for the Goods excluding carriage, packing, insurance and Value Added Tax.

“Delivery Date” means the date specified by the Company when the Goods are to be delivered.

“Special Order” means an order by a customer of Goods of non-standard material, design, colour or finish.

“Writing” means letter, email, cable, facsimile transmission and comparable means of communication.

“In Writing” shall mean written agreement or confirmation signed by a Director of the Company.

 

2. BASIS OF CONTRACT
   • The Conditions apply to all contracts for the sale of Goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document, unless accepted in writing.
   • All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions and shall be subject to acceptance by the Company.
   • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
   • Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed In Writing by the Company.
   • The Customer will indemnify the Company against all actions, proceedings, costs, claims or demands or other expense resulting from all illegal, libellous or other matter manufactured or printed for the Customer, or for any infringement of any copyright, trade mark, patent or design. All blocks, drawings, sketches, artwork, designs, proofs and original work shall remain the property of the Company unless otherwise agreed.
   • Where any special part or product is manufactured and delivered in accordance with the Customer’s design, pattern, drawing, sample or material:
     • The Company’s interest is confined to manufacture in accordance with the Customer’s requirements. Under no circumstances shall the Company be liable or responsible for any loss or damage consequential or otherwise caused directly or indirectly by any fault in design, pattern, drawing, sample or material.
     • The Customer will indemnify the Company against all claims arising out of any breach or infringement of any patent rights, registered design, copyright or other analogous protection.

 

3. THE PRICE AND PAYMENT
   • The Price shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company’s price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only, or until earlier acceptance by the Customer, after which time the company without giving notice to the Customer may alter them.
   • The Customer shall pay the Price and VAT as directed by the Company by the last day of the month following the month of invoice.
   • If the Customer fails to make any payment by the due date then without prejudice to any of the Company’s other rights the Company may:
     • Cancel or suspend deliveries of any Goods due to the Customer
     • Appropriate any payment made by the Company to such of the Goods (or Goods supplied under any other contract between the Company and the Customer) as the Company may think fit, and
     • Charge interest on the amount unpaid (both before and after any judgement) at the rate of 1.5% per month or part thereof until payment is made in full.

3.4           The Company may recover Goods supplied at any time from the Customer if in the Customer’s possession and the due date for payment has passed.  The Company, its servants or agents may enter upon any land or building upon which the Goods are situated to recover such Goods.  On subsequent sale of the Goods the Company must account to the Customer for any excess realised over the debt owed by the Customer, less expenses incurred by the Company in recovering and selling the Goods.

 

4. THE GOODS
   • The quantity, quality and description of and any specification of the Goods shall be those set out in the Company’s quotation. All quotations made and the price or product list provided by the Company shall be invitations to treat only.
   • The Company will endeavour to use materials stipulated in the order but, in the event of non-availability, reserves the right to use suitable alternatives.
   • All Goods delivered shall be of normal commercial and industrial quality unless stated to the contrary. Since the Company has no control over the storage, handling, mixing and use of the Goods and no control over the conditions in which they are used, no assurance or warranty is given as to the durability of the Goods supplied nor as to their fitness or suitability for any particular purpose or use under any particular conditions, notwithstanding that such purpose or conditions may be known or made known to the Company.  All conditions, warranties and representation, express or implied by statute or otherwise as to the quality, soundness or fitness of the Goods for any purpose and hereby excluded save as expressly provided herein.
   • The Company may from time to time make changes in the specifications of the Goods which are required to comply with any applicable statutory or European Union requirements or which do not materially affect their quality or performance without notification to the Customer.
   • Where any specification or design has been supplied by the Customer for manufacture by or to the order of the Company then the Customer warrants that the use of any such specification or design for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.

 

5. PACKAGING
   • The packaging of Goods shall be entirely at the discretion of the Company and the Company shall have the right to pack all Goods in such a manner and in such quantities as the Company thinks fit and shall not be obliged to comply with any packaging requests or instructions from the Customer unless agreed by the Company and the Customer in writing.
   • Where it is agreed that the Company shall package the Goods in a manner requested by the Customer and such packaging is in addition to that normally used by the Company then the Company shall be entitled to charge the Customer for the associated costs and such costs shall be an Additional Charge.

 

6. CLAIMS FOR DEFECTS, DAMAGE, LOSS OR NON-DELIVERY
   • The Customer shall inspect the Goods on delivery and shall within 3 days of delivery notify the Company in writing of any shortage in quantity, damage in transit or failure to comply with the description or specification and in such circumstances the Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Customer fails to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and the Customer shall be deemed to have accepted the Goods.
   • The Customer shall notify the Company of any non-delivery of a whole or part of a consignment of Goods within 7 days of despatch. Notwithstanding the receipt by the Company of any such notice, a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of Goods indicated on the advice sheet intact and in good condition.
   • The Customer shall notify the Company of any alleged defect in material or workmanship within 6 months of receipt. The Company does not accept any returns including defective product after 6 months from date of receipt of the goods.  The Goods shall be returned to the Company at the cost of the Customer.
   • Defects in quality and dimension of the Goods or part thereof shall not be a ground for cancellation of the remainder of an order or contract.
   • If the Goods are not in accordance with the contract, the Company shall at its discretion replace the Goods (or the part in question) free of charge or refund to the Customer the Price (or a proportionate part of the Price) but the Company shall have no further liability to the Customer.
   • The Company’s liability to the Customer whether for any breach of contract or otherwise, shall not exceed the Price and the Company shall not be liable for any direct or indirect loss and/or expense suffered by the Customer which arises out of or in connection with the supply of the Goods or their use or resale by the Customer.
   • All warranties and conditions whether implied by statute or otherwise are excluded from the contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Customer dealing as consumer.

 

7. CANCELLATION AND RETURNS
   • Once an order has been placed by the Customer, if the Customer seeks to cancel any such Order the Company reserves the right to charge the Customer up to 100% of the quoted price proportional with the materials purchased and the volume of work done to the point of cancellation for the cancellation of any Special Order.
   • In the event of returns being accepted by the Company and such returns being in their original saleable condition, there is a 25% restocking charge.

 

8. DELIVERY
   • Delivery of the Goods shall be made by the Company delivering the Goods to the place of delivery specified by the Customer, or by the Customer collecting them at the Company’s premises at any time after the Customer has been notified by the Company that they are ready for collection.
   • If the Customer requests expedited delivery, the Company reserves the right to make a charge to cover necessary extra costs.
   • The Company reserves the right to make delivery by instalments. Each instalment shall be charged for as if a separate contract.  If the Customer shall make default in payment of such instalment, the Company may withhold or suspend further deliveries until payment has been made and need not result deliveries unless and until arrangements have been made for future payments which are acceptable to the Company or may rescind the Contract without prejudice to its rights to take back at once from the Customer all Goods so withheld, or for Goods stored at the Customer’s request after the date of delivery.
   • Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any loss or damage due to the Company’s failure or delay in delivering the Goods (or any part of them)
   • If the Customer fails to take delivery of the Goods or to give adequate delivery instructions at the time stated for delivery (unless attributable to circumstances beyond the Customer’s reasonable control or by reason of the Company’s fault) then the Company may (without affecting its other rights or remedies):
     • Store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance); or
     • Sell the Goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account to the Customer for the excess over the Price or charge the Customer for any shortfall below the Price.

 

 

 

9. RISK AND TITLE

The Customer acknowledges that before entering the contract for the purchase of the Goods from the Company, it has expressly represented and warranted to the Company that it is not insolvent and has not committed any act of bankruptcy or being a Company with limited or unlimited liability there are no circumstances which would entitle any debenture holder or secured creditor to appoint a Receiver or entitle any person to petition for the winding up of the Customer or exercise any other right over and against the Customer or its assets.

Risk in the Goods shall pass to the Customer:

• Where the Goods are to be delivered to the Customer’s premises or, when the Company notifies the Customer that they are ready for collection, the risk therein passes to the Customer at the point when delivery begins and the Customer should insure the Goods accordingly. In the event of any loss or damage to the goods prior to the Company receiving payment in full for the goods or in respect of any sums owed by the Customer to the Company, the Customer shall hold the proceeds of any such insurance on behalf of the Company, as Trustee.
• Notwithstanding the delivery and passing of risk in the Goods, the legal and beneficial property and title in the Goods shall remain in the Company and shall not pass to the Customer until:
  • The Customer has paid the Price plus VAT in full; and
  • No other sums whatever are due from the Customer to the Company.
• So long as the property in the Goods remains vested in the Company, the Customer shall keep the goods as the Company’s fiduciary agent and bailee and, in so far as may be possible, store them in such a way that they are identifiable as the property of the Company and separate from all other goods in the Customer’s possession.
• If any Goods to which these conditions apply are sold by the Customer to a bona fide Purchaser for value, then title to those Goods shall pass to the Person buying from the Customer only when the monies due from that Person have been paid to the Customer. In all other cases title to the Goods shall remain with the Company.  This provision should also apply to any further Persons who may in turn purchase the Goods.  Until such time as all sums owing to the Company in respect of the Goods shall have been paid, the proceeds of any such re-sale and/or the claim to such proceeds shall belong to the Company and such moneys received by the Customer as trustee of the Company.  The Customer undertakes to segregate the proceeds of such sale(s) from all other funds and to maintain an independent bank account for all sums so received and on request to provide detail so such sums and account.
• The Company shall have the right to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed to the Customer.
• Until the property in the Goods passes to the Customer, the Company shall have the right to require the Customer to deliver up such of the Goods to the Company as have not ceased to exist or have not been resold. If the Customer fails to do so, the Company may enter upon any premises owned or occupied by the Customer where the Goods are stored and repossess the Goods.
• The Customer shall not pledge or in any way charge by way of security any of the Goods which are the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall forthwith become due and payable.
• Upon the appointment of a Receiver to the Customer of the whole or any part of the Customer’s undertaking or on the passing of a resolution or the making of an Order to wind up the Customer, the Company shall be entitled and the Customer hereby grants to the Company a licence to enter upon the premises of the Customer during normal business hours for the purpose of removing such goods where title has not passed to the Customer.

 

10. INTELLECTUAL PROPERTY RIGHTS

10.1         The Customer acknowledges that the Company is the owner or the licensee of all Intellectual Property Rights in the Goods.  Under no circumstances shall any of the Intellectual Property Rights transfer to the Customer other than       as expressly stated within these Conditions and/or Contract details.

10.2         The Company grants to the Customer a non-exclusive licence (without the right to sub-licence) to use any Intellectual Property Rights in the Goods for the purpose of making reasonable use of the Goods.

10.3         The Customer shall provide the Input Materials for the purpose of providing the Goods.

10.4         The Customer shall indemnify and hold the Company harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by, the Company as a result of or in connection with:

10.4.1      any alleged or actual infringement, whether or not under Irish Law, of any third party’s Intellectual Property Rights or other rights arising out of the use of the Input Materials; or

10.4.2      any claim made against the Company in respect of any liability, loss, damage, injury, cost or expense sustained by the Company, or the Supplier’s employees or agents or by any third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to, or arises from the use of the Goods as a consequence of a direct or indirect breach or negligent performance or a failure or delay in performance of this Contract by the Customer.

 

11. WARRANTIES & LIABILITY
    • Subject to the terms and conditions set out in this Condition 9, the Company warrants to the Customer that the Goods will correspond with their specification at the time of delivery.
    • The warranty in condition 10.1 above is subject to the following conditions:-
    • The Company shall be under no liability in respect of any defect in the quality or condition of the Goods or their failure to meet specification unless the Customer’s claim is notified to the Company within a reasonable time after the date upon which such defect or failure was or should reasonably have been discovered and the allegedly defective Goods are returned at the risk and expense of the Customer to the Company forthwith;
    • The company shall be under no liability in respect of any defect in the Goods arising from any drawing or specification supplied by the Customer;
    • The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, misuse or alteration or repair of the Goods without the Company’s approval;
    • The Company shall be under no liability under such warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment
    • Such warranty does not extend to parts, materials or equipment not manufactured or supplied by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company
    • Subject as expressly provided in these Conditions and warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
    • Where any valid claim in respect of any Goods or part(s) thereof based on any defect in the quality or condition of the Goods or part(s) thereof or their failure to meet specification or perform is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the Goods (or the part(s) in question) free of charge or at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
    • Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at law, or under the express terms of the Contract, for any consequential loss “or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, it’s employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
12. EXPORT TERMS & LICENCES

The Customer is responsible for obtaining all necessary export licenses and complying with all regulations governing the admission of the Goods into the country of destination, and for the payment of all custom duties, port duties and charges.

 

13. FORCE MAJEURE

The Company shall not be liable for failing to perform the contract whether in whole or in part if the failure is caused by any inability to secure labour, materials or supplies, any Act of God, explosion, flood, tempest, fire or accident, strike, lockout, industrial action or trade disputes, terrorist action or other event outside the Company’s control, and shall have the right by notice in writing to the Customer to rescind the contract or to elect or impose such variation in the contract as may in its opinion be necessary. 

 

14. NOTICES

Any notice by either party to the other shall be in writing addressed to the other party at its registered office or principal place of business or such other address as either party may at the relevant time notify the other.

 

15. SEVERANCE

Any provision of the Conditions which is or may be void or unenforceable in whole or in part shall not affect the validity or enforceability of the remaining provisions.

 

16. LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland.