Euromax Commodities Ltd Terms and Condtions
*Euromax Commodities Ltd. International (and National), Terms and Conditions of Sale.
Terms and Conditions (revised) 1st March 2010
These conditions preclude any terms or conditions of purchase the “Customer” may attempt to impose. Acceptance of goods under these terms and conditions constitute a contract of agreement between the company and the “Customer”. Unless the “Customer” has varied Terms and Conditions of sale agreed in writing (from a Director of the “Company”) prior to accepting the goods; which is clearly marked on the Invoice and or Delivery Note, the below terms and conditions will prevail at all times.
These terms and conditions will be printed on the back of all invoices /delivery notes and are also available by contacting the sales team at *Euromax Commodities Ltd.
*Euromax Commodities Ltd reserves the right to vary these conditions upon giving all “Customers” a minimum of seven days notice prior to accepting any orders or dispatching any goods to them, in writing. Such notice shall be deemed as given when sent by first class letter to all customers at their last known trading address, at least seven days prior to implementation. All new customers will receive the current “Terms and Conditions” before any sales are made to them.
For the purpose of these conditions:
- ”Company” shall be deemed to mean *Euromax Commodities Ltd (also trading as; Greenline Trading, Drinks Are Us, Beers are Us and Euromax (Wines & Beers). which is a private limited company incorporated in the Republic of Ireland. (Company Registration Number: 357683 – Registered during June 2002 in Dublin). And “Customer” shall be deemed to mean, the individual or the organization purchasing the goods. “Onward Customer”, shall be a customer that the “Company” introduces to the “Customer” for a commission, which would be payable by the “Customer”, to the “Company”.
- ”goods” shall be deemed to mean all products and all Packaging supplied under the cover of each delivery. The goods shall also be recognized in the case of “Under Bond transactions” as a separate entity from any Taxes or Duties the goods may attract in the country of delivery
- ”Delivery” shall mean the lodgment of the goods at the pre-agreed delivery point or at the Duty Suspended Warehouse, for the Duty Suspended Account of the “Customer”. Such lodgments shall be deemed to constitute the fulfillment of the duties of the “Company” in each contract and the responsibility for all remaining duties rests with the “Customer”.
Such duties shall include the protection of the goods from all risks of the goods must be properly stored and identifiable as the property of the “Company” until all such duties have been exhausted and the title in the goods passes to the “Customer”.
Where goods are delivered into a bonded warehouse for the Duty Suspended Account of the “Customer”, the liability for such Taxes or Duties as the goods may attract in the country of delivery (or the country it is in transit to) rests with the “Customer”. Where such sale is “Under Bond” the duty suspended warehouse and or the “Customer” (where the “Customer” has its account) is entirely responsible for making sure all obligations to pay Duties or Taxes in whatever country the goods are destined for are paid in full. Furthermore the “Customer” and duty suspended warehouse, will indemnify the “Company” for any shortfall that any government and/or Tax authority may think is payable or is the responsibility of the “Customer” or its bonded warehouse.
- Delivery will be made by the “company” or its nominated agents or contractors. The “company” shall not be liable for any loss or damage whatsoever arising out of failure to deliver the goods by any particular time or date.
- Any shortages or damages shall be notified on the delivery note before signature and must be countersigned by the driver before they leave the “Customers” premises. Any subsequent claims may only be entertained at the absolute discretion of the “Company”. The price of the goods shall be the price agreed in writing with the “company” at the date of dispatch and noted on the Sales Invoice to the “Customer”.
- Payment for the goods will be made by the “Customer” in cleared funds before delivery unless credit terms have been specified in writing under the signature of the Director of the “Company” and clearly marked on the Invoice and or Delivery notes.
Interest will be charged @ 5% above the Republic of Irelands base rate, on any overdue transactions and this will be invoiced on a monthly basis, starting 30 days after the due date for payment.
- The “Company” will not accept third party cheques and a receipt should always be obtained for “cash” transactions. The “Company” reserves the right to conduct due diligence and request further identification for any “Customer” who wishes to pay his account in cash and will refuse to accept the cash unless such due diligence is fully completed to the satisfaction of the “Company”.
- The “Company” will not supply any goods on a “sale or return” basis and is under no obligation to accept the return of any goods ordered by the “Customer” which were delivered in accordance with these conditions
Should the “Company”, at its sole discretion, agree to the return of any goods, all risks in the goods whilst they are in transit will be the responsibility of the “Customer” and the “Company” reserves the right to charge compensation for transport costs and loss of trade?
- The title to the property in the goods remains with the “company” until the “Customer” has satisfied all money’s due to, or falling due to the “Company” under that or any other contract; until such time, the “Company” may exercise its right to inspect the goods and or to regain custody of the goods if it considers the “Customer” may be, or may become, unable to fulfill it’s duties in any contract with the “company”.
Where goods are delivered into a Bonded Warehouse for the Duty Suspended Account of the “Customer”, clauses 2) and 3) do not prejudice the “Companies” entitlement to the property in the goods.
- The “Company” may exercise a lien on any property owned by the “Customer” in the event that there may be insufficient value in the goods to fulfill the “Customers” liability towards the “Company”.
- The “Company” may on occasion, find an “Onward Customer” for one of its “Customers”. Under these circumstances the “Customer” must not release the goods to the “Onward Customer” until fully cleared funds have been received by the “Customer” from the “Onward Customer”. Furthermore all responsibility for verifying that the “Onward Customer” is a reputable company (that conducts itself in a legal and responsible manner) is the responsibility of the “Customer”.
- Any commissions payable by the “Customer” for a sale that was made to an “Onward Customer”, that was introduced by the “Company” is payable within seven days of the “Onward Customer” paying for the goods. It is further agreed that any further sales that are made to the said “Onward Customer”, will attract commissions at the same rate at the first sale, or such further rate that may be agreed between both parties in writing.
- The “Company” may also supply goods to the “Customer” that is “Republic of Ireland duty paid” and on these occasions the invoice will clearly state “Republic of Ireland duty paid” invoice. On these invoices duty will be included in the charge for the goods. At the end of the invoice these goods (if applicable for Vat) will have a separate charge for Vat at the current Republic of Ireland rate. The “Company” guarantee’s to account for the VAT charged to its “Customer” to the Republic of Irelands, Tax authorities at the correct time and in the correct manner.
- Where the goods sold have had Republic of Ireland, duty paid on them by the “Company”; a complete record of this payment will be kept for inspection by the relevant authorities, upon the proper representation.
- Where the “Company” has purchased goods “Republic of Ireland duty paid” for onward sale, it will also obtain an invoice from its supplier clearly stating that the goods are “Republic of Ireland duty paid” The “Company” cannot be held responsible, apart from producing the purchase invoices to the correct authorities, for any Vat/duty or other Republic of Ireland, taxes that was not paid on goods purchased by the “Company” in good faith. Under these circumstances the “Customer” agrees to indemnify the “Company” against any claims that Republic of Ireland Vat or duty or other taxes have not been accounted for to the Republic of Ireland tax authorities, by any person or organization what so ever.
The “Company” accepts responsibility for verifying the suppliers details (including, but not limited to) the current status of their Vat and “Company” registration Number, before purchasing any goods from the supplier and to cease trading with any supplier that is not shown as currently registered to trade.
- In the event that the “Company” may feel the need to terminate a contract, the “Company” reserves the right to stop any goods in transit, to suspend further deliveries to the “Customer” and to exercise it’s rights under these terms and conditions without prejudice to conditions 8) and 10) above.
These conditions are printed on the reverse of all invoices and or delivery notes and acceptance of our conditions is deemed to be accepted by all “Customers” that wish to do any business what so ever, with the “Company”, unless a written variation is sent by a director of the “Company”, to the “Customer” and this variation is clearly shown on the Invoice and or delivery note.
These conditions shall be governed by and construed in accordance with Republic of Ireland, law and shall be the exclusive jurisdiction of the Republic of Ireland courts, provided that nothing in these conditions shall prevent the enforcement of any court order or other award in any other jurisdiction.
*Euromax Commodities Ltd are licensed in the Republic of Ireland (TAN No.51089) to deal in Wines, Beers, Spirits, Soft Drinks and other Commodities.
Please read these terms and conditions and do not hesitate to contact the sales team at *Euromax Commodities Ltd, if you require any further information.
*Greenline Trading, Drinks are Us, Beers are Us and also Euromax (Wines & Beers) are Registered trading names of Euromax Commodities Ltd
Liam Butler Certified Public Accountants – Church Street – Cahir – County Tipperary – Republic of Ireland –
Web page: www.drinksareus.com Email: firstname.lastname@example.org, Telephone: +353 24 90760/61 Fax: +353 51 841 676.
Thank you very much for your custom.
Youhal International Transport & Bonded Warehousing, Springfield Industrail Estate,
Youghal, Co. Cork, Republic of Ireland.