Terms and Conditions

PRICES

All prices quoted by Powerpoint Engineering Limited (“the Company”) are ex-works and the purchaser shall in addition pay the VAT arising, all charges for carriage, insurance and (where appropriate) any export or customs duties. Products sold without quotation will be charged at prices prevailing at the date of collection or despatch.

DESPATCH/DELIVERY

Delivery dates are provided as accurately as possible but cannot be guaranteed. Late delivery does not entitle the Purchaser to repudiate the contract or to claim damages. The Company may invoice the Purchaser earlier than:

  • The date the goods are shipped
  • The date the goods are ready for shipment but are held pending instruction from the Purchaser

CARRIAGE

Delivery of goods to the carrier shall constitute delivery thereof to the Purchaser, and thereafter such goods shall be at the Purchaser’s risk. Any claims for damages or shortages occurring after such delivery should be directed by the Purchaser to the carrier.

PAYMENT

Where the purchaser has agreed credit terms with the Company, payment will be 30 days from date of invoice, unless otherwise agreed in writing. If payment is not received within the agreed payment terms the Company is entitled to charge and recover interest from the Purchaser on the price of goods calculated at the rate of four percent from the due date until date of full payment.

TITLE

Although a binding agreement for the sale of goods is formed when an order (whether written or verbal) is received by the Company and the Company, may at their discretion, despatch an acknowledgement of the order together with the terms and conditions, the title in the instruments shall remain with the Company and shall not pass to the Purchaser until the amount due under the invoice (including interest and costs) has been paid in full.

Until title passes the Purchaser shall hold the instruments as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.

The Company may at any time before title passes and without liability to the Purchaser, and to which the Purchaser hereby gives its irrevocable authority to the Company and its agent to repossess and dismantle whether tangible or intangible and use or sell any of the instruments and by doing so terminate the Purchaser’s rights to use, sell or otherwise deal in them and, (for that purpose of determining what if any instruments are held by the Purchaser and inspecting them) enter the premises of or occupied by the Purchaser.

The purchaser is licensed by the Company to agree to sell on the Company’s goods save that no title in the goods shall pass on the sub-sale unless and until payment is made for these goods and subject to the express condition that the entire proceeds thereof are held in trust for the Company and not mingled with other monies or paid into any overdrawn bank account and at all times be identifiable as the Companies monies.

The Company may maintain an action for the price of any instruments notwithstanding the title in them has not passed to the Purchaser.

LIABILITY

No liability is accepted by the Company for any labour charges incurred in replacing parts or complete equipment under guarantee. Save as aforesaid, no liability is accepted by the Company for any loss, destruction, business interruption, financial penalties, damage, or injury, suffered by the Purchaser, or any other person arising from the Purchase, storage, handling, use or resale of goods purchased from the Company. Where goods are collected by or on behalf of the purchaser they undertake to immediately deliver to the stated invoice address and provide to the Company full particulars of such delivery in a timely fashion. The purchaser indemnifies the Company against any taxes arising as a result of the purchaser (or their agents) failing to deliver to the stated invoice address and/or failing to produce full particulars of delivery to the purchasers address.

RETURNED GOODS

Save as aforesaid, the Company is under no obligation to accept goods returned by the Purchaser and will do so only on terms to be agreed in writing.

FORCE MAJEURE

The Company shall not be liable for failure to ship, or delay in shipment, due to any cause outside the reasonable control of the Company including, but not limited to, non-availability of materials, shortage of transport facilities or delays in transit, governmental administration laws and/or regulations affecting the Company’s performance.

TERMINATION

The Company reserves the right to unilaterally terminate any Contract of Sale, or suspend delivery of goods to any Purchaser forthwith, by notice in writing to the Purchaser:-

  • If compelled to do so by reasons outside the Company’s control.
  • In the event of failure by such Purchaser to pay any sums outstanding due to the Company.
  • If such Purchaser shall pass any resolution for winding up, or be the subject of any bankruptcy proceedings, or a receiver is appointed for the whole of, or part of, the Purchaser’s assets

In the event of the Purchaser wishing to terminate the contract the Company will, without prejudice to its other rights, require a payment from the Purchaser to cover any non-recoverable costs incurred up to the time of termination.

REPRESENTATIONS

No statement, description, information, warranty, condition, or documentation contained in any catalogue, price list, advertisement, drawings or communication, or made verbally by any agents or employees of the Company, shall be construed to enlarge, vary or override, in any way, any of these conditions.

CALIBRATIONS

  • For items that require calibration, please specify in your purchase order:
    • calibration frequency – this should be based on your quality system and/or manufacturer recommendations, or else it will be considered as one year.
    • if there are any specific requirements for the calibration including specific ISO accreditation request.
    • If a compliance statement is required to be included in the calibration certificate
  • For any test equipment that we are unable to calibrate to your requested ISO accreditation, Powerpoint Engineering will complete the calibration in accordance with our existing accreditations or on request it will be subcontracted by our approved subcontractor who will complete the calibration to your required ISO accreditation.
  • Powerpoint Engineering will issue you with a calibration certificate. For accredited calibration only this will include INAB logo.
  • Please note that our calibration certificates will not contain any recommendation on the calibration interval, except where this has been agreed with you. This is in accordance with ISO/IEC 17025:2017 clause No.7.8.4.3.
  • Where a compliance statement is required, the assessment will be undertaken in accordance with ILAC-G8:09/2019 or the manufacturers specification or per your specified requirements. You will need to complete this form and you will need to email this to us at calibration@powerpoint.ie.
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