Terms and Conditions of Sale
1.0 Definitions In these Terms and Conditions the following words shall have attributed to them the meanings specified
1.1 The address of CELTIC SURVEYS LTD. is Dunshaughlin Business Park, Dunshaughlin, Co. Meath, Ireland.
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.
1.3 ‘Consumer’ shall mean an individual who buys Goods for their own use.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.
1.5 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Celtic Surveys Ltd. including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.6 ‘Contract’ shall mean the Contract between Celtic Surveys Ltd and the Customer for the sale of Goods by Celtic Surveys Ltd. to the Customer.
1.7 ‘Catalogue’ shall mean any published promotional material produced by CELTIC SURVEYS LTD
1.8 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.9 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with CELTIC SURVEYS LTD or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.CELTIC SURVEYS LTD. Electronics Registration Number : 119330CELTIC SURVEYS LTD. Electronics VAT number : IE 4812739U2 General
2.1 All orders for Goods are accepted by CELTIC SURVEYS LTD. subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between CELTIC SURVEYS LTD. and the Customer for the sale of Goods. CELTIC SURVEYS LTD accepts responsibility under these terms and conditions for its commitments to the consumer.
2.2 Any Catalogue published by CELTIC SURVEYS LTD. is an invitation to treat and not an offer to supply.
3 Prices
3.1 All prices for the Goods are in Euro and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with CELTIC SURVEYS LTD. Prior to the conclusion of the contract CELTIC SURVEYS LTD will inform the customer of the total amount to be debited.
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue. CELTIC SURVEYS LTD. reserves the right to alter prices at any time. Prior to the conclusion of the contract CELTIC SURVEYS LTD. will inform the customer the total amount to be debited.
3.3 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract CELTIC SURVEYS LTD. will inform the customer of the total amount to be debited. Customers will be notified of any errors in prices as soon as possible and will be given the option of reconfirming the order at the correct price or cancelling it.
4 Orders
4.1 CELTIC SURVEYS LTD. reserves the right to deliver part orders, or hold orders until all items are available, as required. Internet orders which will be charged at the point of order.
4.2 If the Customer is buying as a Consumer unwanted Goods must be returned within 14 working days of delivery for an alternative product, credit note or full refund. To return an order, the Customer must contact CELTIC SURVEYS LTD. within 7 days of the date that the order was delivered. This can be done by telephoning the Customer Service Department on 0035318011335 , or by email to sales@celticsurveys.ie or in writing to the registered address of CELTIC SURVEYS LTD. In all cases the order number relevant to the goods being returned must be quoted. CELTIC SURVEYS LTD will refund in full to the Customer the invoice value of the Goods. The Goods must be returned by courier or registered post with proof of posting. The Customer must take reasonable care of the unwanted Goods and return them in the original packaging and suitably protected to ensure safe delivery to CELTIC SURVEYS LTD.
4.3 When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Customer Service Department by telephoning 0035318011335 . In the event of the Trade Customer cancelling part of an order CELTIC SURVEYS LTD. reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.
4.4 CELTIC SURVEYS LTD. reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, CELTIC SURVEYS LTD. may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by CELTIC SURVEYS LTD. of an order. In the event that CELTIC SURVEYS LTD. declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5. Delivery Charge
Carriage will be charged at the appropriate rate prevailing at the date of dispatch. For delivery charges outside Ireland an additional charge will be levied – see SHIPPING for details. The current charge can be ascertained by contacting CELTIC SURVEYS LTD. Prior to the conclusion of the contract CELTIC SURVEYS LTD. will inform the customer of the total amount to be debited.
6. Payments
Payment shall be made at the time that the order is placed. Payment may be made by major credit and debit cards and by PayPal.
7 Delivery
When we receive your order we will issue an order conformation by email. Stock items will be delivered within 7 working days within the island of Ireland. Items to be delivered to the rest of the world will take longer. Items to be ordered will take on average about 30 days.
8 Export
8.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of dispatch – see SHIPPING for details. Prior to the conclusion of the contract Celtic Surveys Ltd. will inform the customer of the total amount to be debited.
8.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority. The customer is responsible for the payment of excise duty or import duty or any other taxes that apply in their country on the import of goods.
9 Transit Delays and NonDelivery
9.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 7 days of such delivery or receipt give notice to the Customer Service Department of Celtic Surveys Ltd. of any apparent physical or delivery damage in the Goods.
9.2 Queries regarding shortages of Goods must be made within 7 days of delivery date and must be accompanied by the order number. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Celtic Surveys Ltd. within 7 days of invoice date and the invoice number must be quoted.
9.3 Celtic Surveys Ltd. shall not be liable to compensate the Trade Customer by way of damages or otherwise for nondelivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.
9.4 Conditions 14.1 to 14.3 inclusive do not affect the statutory rights of a consumer under the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulation 2007, the Consumer Information Act 1978 and the Sale of Goods and Supply of Services Act 1980.
10 Order Cancellations
10.1 In the event of cancellation of part of an order by the Trade Customer Celtic Surveys Ltd. reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
11 Warranty and Returns
11.1 In the event of the customer being dissatisfied with the quality of the goods or the goods being found to be damaged the customer must contact CELTIC SURVEYS LTD. within 7 days of delivery.Return Policy - To return a product under this policy the Customer should:• Return the product to Celtic Surveys Ltd. within 14 days or• Email Celtic Surveys Ltd. at sales@celticsurveys.ie or• Telephone Customer Service on 0035318011335 or• Write to Celtic Surveys Ltd. at the address in Condition 1.1. A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software and consumables. Celtic Surveys Ltd. will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. Celtic Surveys Ltd. will deem such registration by the Customer as acceptance of the Goods. Celtic Surveys Ltd. must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Celtic Surveys Ltd. proof of despatch to Celtic Surveys Ltd. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulation 2007, the Consumer Information Act 1978 and the Sale of Goods and Supply of Services Act 1980 the 14 day returns policy will commence after the 7 day cooling off period.
11.2 Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by Celtic Surveys Ltd. either by repair or, at the sole discretion of Celtic Surveys Ltd., by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and, all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.
11.3 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Celtic Surveys Ltd.
11.4 Celtic Surveys Ltd. Reserve the right to inspect any Goods returned prior to issuing credit for those Goods.
11.5 Warranty seals applied to any Goods supplied by Celtic Surveys Ltd. must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
11.6 The warranty period as stated in 11.3 is from the date of purchase If goods are replaced within this warranty period, the warranty will continue from the original date of purchase.
11.7 Conditions 11.1 to 11.6 inclusive do not affect the statutory rights of a Consumer under the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulation 2007, the Consumer Information Act 1978 and the Sale of Goods and Supply of Services Act 1980.
12 General Descriptive Matter
12.1 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication but we reserve the right to update and amend prices and illustrations without notice.
12.2 If the description of any Goods which are not directly manufactured by Celtic Surveys Ltd. contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Celtic Surveys Ltd. The updated and complete manufacturer’s description is available from Celtic Surveys Ltd. on request before any order is placed.
12.3 In the event of any material change to any description of goods since the date of publication of the last catalogue by Celtic Surveys Ltd., Celtic Surveys Ltd. will advise the Customer of the revised description prior to any order being accepted by Celtic Surveys Ltd.
12.4 Celtic Surveys Ltd. reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
13 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer.
14 Country of Origin
Goods listed in any Celtic Surveys Ltd. Catalogue may originate from a Non-EU source. Any published information by Celtic Surveys Ltd. as to the country of origin of Goods is an indicator only of the source of supply to Celtic Surveys Ltd. and does not constitute a warranty or representation.
15 Copyrights, Patents, Intellectual Property & Information
15.1 Goods referred to in any Celtic Surveys Ltd. Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. Celtic Surveys Ltd. owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Celtic Surveys Ltd. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Celtic Surveys Ltd. and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Celtic Surveys Ltd. are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
16 Data Protection
16.1 By placing an order with Celtic Surveys Ltd. the Customer agrees to data relating to the transaction being retained and processed by Celtic Surveys Ltd. in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Celtic Surveys Ltd. for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
16.2 Celtic Surveys Ltd. may send to the Customer details of other Goods and services offered by Celtic Surveys Ltd. that Celtic Surveys Ltd. may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Celtic Surveys Ltd. either in writing at Dunshaughlin Business Park, Dunshaughlin, Co. Meath, Ireland. By facsimile on 0035318011338, by telephone on 0035318011335 or by e-mail at sales@celticsurveys.ie requesting that data is removed from the marketing database. Celtic Surveys Ltd. subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Service Department of Celtic Surveys Ltd., request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Celtic Surveys Ltd. For Trade Customers Celtic Surveys Ltd. will also retain and process information in its capacity of a credit reference agency. Telephone calls and e-mails to Celtic Surveys Ltd. may be recorded or monitored for the purposes of security training and quality assurance.
17 Limitation of Liability
17.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application, Celtic Surveys Ltd. accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Celtic Surveys Ltd. negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
17.2 To the extent permitted by law, Celtic Surveys Ltd. shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Celtic Surveys Ltd., its 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.
17.4 The entire liability of Celtic Surveys Ltd. under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
18 Force Majeure
Celtic Surveys Ltd. shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Celtic Surveys Ltd. in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Celtic Surveys Ltd. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Celtic Surveys Ltd.: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Celtic Surveys Ltd. or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
19 Law
All contracts between Celtic Surveys Ltd. and the Customer shall be governed by and interpreted in accordance with Laws of the Republic of Ireland and both Celtic Surveys Ltd. and the Customer submits to the exclusive jurisdiction of any competent Court in the Republic of Ireland.
20 Consumer Protection
Nothing contained herein shall affect a Consumer’s rights under the The Sale of Goods and Supply of Services Act 1980.
21 Insolvency
21.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
21.2 Celtic Surveys Ltd. may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.
22 Headings
All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Celtic Surveys Ltd. and a Customer.
23 Severance
Any provision of any contract with Celtic Surveys Ltd. which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.
24 Waiver
No waiver or forbearance by Celtic Surveys Ltd. (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.
25 Rights of Third Parties
It is agreed by Celtic Surveys Ltd. and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.