GENERAL: All orders accepted by us are subject to the conditions below.
DEFINITIONS: ‘Seller’ means Burnside Eurocyl Ltd.
‘Buyer’ means any customer purchasing goods from the seller.
PRICES: All orders are accepted on the basis of prices ruling at date of despatch. Adjustments may be made due to currency fluctuations.
DRAWINGS & DESIGN SPECIFICATIONS: Burnside Eurocyl drawing & design specifications are and shall remain the property of Burnside Eurocyl Limited. The buyer shall not use the drawings and specifications for third parties except by agreement in writing.
PAYMENT: Credit Terms as agreed between seller and buyer must be strictly adhered to. Failure will result in interest charges on overdue amounts.
CANCELLATION OF ORDERS: Order cancellations cannot be accepted without sellers consent. The buyer is liable for the cost of all materials which have been purchased exclusively for that buyer on foot of a purchase order or forecast.
DELIVERY: Whilst every effort is made to adhere to delivery dates quoted by the sellers no liability can be accepted in case of delayed delivery, or the consequences thereof, however caused.
DAMAGE OR LOSS IN TRANSIT SHORTAGES: The seller must be notified in writing within 3 days of receipt of goods of any damage or shortages, otherwise the seller will not be obliged to make good.
RETENTION OF TITLE: Title in the goods shall not pass to the buyer until the full amount of purchase price has been discharged. In default of payment title shall remain with the seller and pending payment in full by the buyer, the seller shall be entitled to re-possess the goods without prejudice.
LIABILITY: Every care is taken to ensure the goods are satisfactory. If any article is found to be defective within a reasonable period, it should be returned, carriage paid, to the sellers works for examination, and at their discretion it will be replaced or repaired. In no circumstances whatsoever do the sellers accept any liability for direct or consequential loss or damage, including claims for death or personal injury attributable directly or indirectly to the seller’s goods.
It is a condition of these terms that Environmental and Working Conditions in which the goods will be used, must be stated by the buyer when placing orders for such goods.
Liability shall not apply to:
(a) Any deterioration of goods due to adverse environmental and/or working conditions.
(b) Any goods which have been damaged by unfair wear and tear, neglect or improper use.
(c) In the case of hydraulic equipment, a load has at any time been imposed in excess of the manufacturer’s recommendations.
(d) The goods have, without written consent of the seller been altered or repaired otherwise than by the seller.
STORAGE OF CYLINDERS: Burnside Eurocyl will not accept liability for cylinders damaged due to incorrect storage when not in use.
(a) Hydraulic cylinders must be stored in dry conditions at a constant temperature with the rod retracted and the oil ports sealed and un-painted areas coated in oil or grease.
(b) Cylinders must not be stored in the same area as corrosive agents or close to steam pipes or outlets.
(c) Chromed rods which are exposed to the elements must be coated with a film of rust inhibiting agent such as Klüber Lubrication Corrosion Inhibitor. The rods must then be inspected every four weeks and the inhibitor re-applied where necessary.
(d) Under the above conditions cylinders can be stored for up to 12 months. After 12 months the cylinders must be inspected and preservative agents applied.
FORCE MAJEURE: No liability will rest with the seller for damage/loss caused as a result of conditions outside their control, e.g. war, industrial disputes, strikes, lockouts, accidents, fires, floods etc.
LEGAL BASIS: These conditions and all contracts shall be subject to and constructed in accordance with the law of the Republic of Ireland.