1 Interpretation

1.1 In these Conditions:

  • “Customer” means a person to whom the Company supplies, or contracts for the supply of goods and/or hires or contracts for the hire of equipment;
  • “Equipment” means the silo together with any other device, pump, blower, tool and accessories which the Company is to hire to the Customer in accordance with these Conditions;
  • “Goods” means the goods which the Company is to supply in accordance with these Conditions and which may be more particularly described in the Company’s written order acknowledgement;
  • “Company” means F.P. McCann Limited whose Head Office is situated at Knockloughrim Quarry, 3 Drumard Road, Magherafelt, BT45 8QA, Northern Ireland;
  • “Company’s Insurances” means insurances effected and maintained by the Company in accordance with condition 12.1 hereof;
  • “Conditions” means the standard conditions of sale and/or hire set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the parties;
  • “Contract” means any contract for sale of Goods and/or hire of Equipment by the Company;
  • “Hire Period” means the period for which the Customer is required to pay the Company for the hire of the Equipment, which shall commence when the Equipment is delivered to
    the Customer and shall terminate when the Equipment is returned to the Company;
  • “Hire Rate” is the Company’s charging rate for each charging period (which, unless agreed otherwise in writing by the Company, will be one calendar week or part thereof) during
    the Hire Period.

1.2 The headings in these Conditions are for convenience only and shall not affect interpretation.

2 Orders

2.1 Orders accepted by the Company are accepted on these Conditions (as evidenced by any written order acknowledgement which might be provided by the Company) to the exclusion of all other conditions including any the Customer purports to apply to any purchase order, confirmation or order, specification, delivery note or other document or which might otherwise have been relied upon by the Customer whether in negotiation or at any stage in the dealings between the parties in respect of any Goods and/or Equipment. Any Contract (whether, for example, by an exchange of correspondence or over the telephone and which may be followed up by the Company’s written order acknowledgement) shall be subject to these Conditions.

2.2 In the event of inconsistency between these Conditions and any other apparent Contract term, these Conditions shall apply except where a change to these Conditions is expressly agreed to in writing and signed by an authorised representative of the Company. Any representations about the Goods and/or Equipment shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Company.

2.3 Each order placed by the Customer shall be deemed to be an offer by the Customer to purchase Goods and/or hire Equipment subject to these Conditions.

3 Specifications

3.1 The quantity, quality, description of and specification for the Goods and/or Equipment shall be those set out in the Customer’s order (if accepted by the Company) provided always that the acceptance by the Company shall only be valid if an order acknowledgment is sent to the Customer.

3.2 The Company reserves the right to make any changes in specification of Goods and/or Equipment required to conform with any applicable safety or other statutory requirements or, where Goods and/or Equipment are to be supplied to the Company’s specification, which do not materially affect their quality or performance.

3.3 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all losses (including loss of profit), costs (including cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

4 Prices

4.1 The price of Goods and Hire Rate of Equipment shall be the Company’s quoted prices and rates or where no price or rate has been quoted (or a quoted price or rate is no longer valid), the Company’s current price or rate at the date of dispatch of the order.

4.2 All prices and rates quoted are valid for 21 days only or until earlier acceptance by the Customer, after which time they may be altered by the Company without giving notice to the Customer.

4.3 If at any time after the acceptance of an order any duty or tax of any kind whatsoever shall be levied by the Government or other authority, or any duty or tax in existence at the date of acceptance of the order shall be increased and such duty or tax or increased duty or tax shall be payable by the Company, the amount of such duty or tax or the increase in duty or tax, as the case may be, shall be borne by the Customer and shall be repaid by the Customer to the Company as an increase in the price of Goods and/or Hire Rate.

4.4 The price of Goods and Hire Rate are exclusive of any applicable insurance, customs and Value Added Tax and other duties which the Customer shall be additionally liable to pay to the Company.

5 Terms of Payment

5.1 Unless otherwise agreed, accounts are strictly nett and payment in full must be made within 30 days from the date of invoice notwithstanding that where delivery is on a consignment basis full delivery may not have taken place and property in the Goods has not passed to the Customer. Settlement discount, where agreed by the Company, may be deducted only where the account is paid within 30 days of the date of invoice irrespective of whether the total order has been executed or not. Accounts are due and should be paid to F.P. McCann Ltd, Knockloughrim Quarry, 3 Drumard Road, Magherafelt, BT45 8QA, Northern Ireland.

5.2 If the Customer fails to make a payment on a due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

  • (a) cancel the Contract or suspend any further deliveries to the Customer;
  • (b) appropriate any payment made by the Customer to such of the Goods for goods supplied under any other contract between the Customer and the Company as the Company may think fit (notwithstanding any purported appropriation by the Customer);
  • (c) charge interest on overdue accounts at the rate of 3% above the Bank of England Base Rate for sales in Pounds Sterling or 3% above the Euro Repo Rate for sales in Euros;
  • (d) enter the Customer’s premises or site and uplift and remove the Equipment; and
  • (e) use any legal means deemed appropriate to recover any amounts owing by the Customer and then recoup the costs associated therewith from the Customer.

5.3 The Customer shall make all payments to the Company without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

6 Delivery

6.1 Any time named by the Company for delivery shall mean the time of delivery at the Company’s works and time required for transit is additional. When goods and/or equipment are offered for delivery to site the Company’s obligation is to deliver to the nearest hard road to site, it is the Customer’s responsibility to off-load without any undue delay to the Company’s delivery vehicle.