1.1 These Terms and Conditions shall apply to the purchase of the goods detailed overleaf (“Goods”) by you (“Buyer”) from Vape Source Ltd a company registered in The Republic of Ireland under number 07208486 whose registered office is at Unit 19, Seatown Business Campus, Swords, Co. Dublin (“Seller”) and to the payment of this invoice. No other terms and conditions shall apply to the sale of the Goods or to this invoice unless agreed upon in writing between the Buyer and Seller.
1.2 The essence of these Terms and Conditions remains the same as those included with the Seller’s quotation or sales order. The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3.1 The description of the Goods are as set out in the Seller’s product list or website (Www.VapeSource.ie) and confirmed in the quotation and this invoice. In accepting this quotation the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out in the Seller’s product list or website (Www.VapeSource.ie) shall be binding on the Seller and are intended as a guide only.
3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
4.1 Subject to sub-Clause
4.2, the price (“Price”) of the Goods shall be that detailed in the quotation, accepted by the Buyer and confirmed in this invoice.
4.3 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.
4.4 Any increase in the Price under sub-Clause 4.2 shall only take place upon the Seller informing the Buyer of the increase in writing.
4.5 The Price is exclusive of fees for packaging and transportation / delivery.
4.6 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Basis of Sale
5.1 The quotation constitutes written acceptance and confirmation by the Seller of the Buyer’s order for the Goods.
5.2 The quotation is a contractual offer to sell the Goods which the Buyer has accepted. The Seller and the Buyer have entered into a contract for the sale of the Goods.
6.1 The Buyer shall pay the Price stated in this invoice within 48 hours of the date of this invoice.
6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods has not passed to the Buyer.
6.3 If the Buyer fails to make payment within the period in sub-Clause 6.1, the Seller shall suspend any further deliveries to the Buyer, cancel any pending orders from the Buyer and charge the Buyer interest at the rate of 10% per annum above the Ulster Bank Ireland DAC base rate from time to time on the amount outstanding until payment is received in full.
6.4 Time for payment is of the essence of the Contract between the Seller and the Buyer. 6.5 All payments must be made in Euro (€) unless otherwise agreed in writing between the Seller and the Buyer.
7.1 The Seller has delivered the Goods to the Buyer, OR has notified the Buyer that the Goods are ready for collection by the Buyer OR will deliver the Goods on 2 to 4 day service.
Inspection of Goods
8.1 The Buyer is under a duty to inspect the Goods on delivery or collection.
8.2 If the Goods cannot be examined, the carriers note or such other note as appropriate must be marked “not examined”.
8.3 If the Buyer identifies any damage or shortages it must inform the Seller in writing within 48 hours of delivery, providing details of the alleged damage or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.
8.4 The Seller must be permitted to inspect the affected Goods before the Buyer uses, alters or modifies them in any way.
8.5 Subject to the Buyer’s compliance with this Clause 8 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.
8.6 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
9.1 Goods may not be returned without the prior written agreement of the Seller.
9.2 Subject to sub-Clause 9.4, the Seller shall only accept returned Goods if it is satisfied that those Goods are defective and that such defects would not be apparent on inspection.
9.3 The Seller shall have the option of either replacing defective Goods within 14 days of receipt of them or shall refund to the Buyer the Price for those Goods which are defective.
9.4 The Buyer may return any Goods within six months of those Goods coming to market (that is, the launch of such goods) within 30 days of delivery provided that: (a) the Buyer bears the risk and cost of returning the Goods; (b) the Buyer indemnifies the Seller against any costs incurred in rectifying any deterioration of the Goods resulting from the Buyer’s incorrect handling or storage of the Goods.
9.5 The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.