Terms and Conditions
Please read these terms and conditions carefully before using this website or ordering any products from Smallwares Limited. By continuing to use this website or ordering products from Smallwares Limited you agree to be bound by these terms and conditions.
1. Ownership and Definitions
1.1 The owner of injectionmoulding.ie (“this website”) is Smallwares Limited whose registered office is Brewery Street, Castlebellingham, Co. Louth, Ireland A91 PW42. Registration number 9271.
1.2 “The Company” means Smallwares Limited registered in Ireland under number 9271.
1.3 “Buyer” means any persons, firms, companies or authorities who shall order or buy the Goods,
1.4 “Goods” means the Goods, products or materials supplied or sold by the Company to the Buyer.
1.5 “Order” means an order placed for the Goods.
1.6. In this document headings are for convenience only and shall not affect the interpretation of this document.
1.7 In this document the use of the plural shall include the singular and the use of the singular shall include the plural.
2. Applicability of Terms
2.1 All Orders accepted by the Company shall incorporate these terms and conditions.
2.2 No variation, modification or substitution of these terms and conditions (even if included in or referred to in the document placing the Order) shall be binding on the Company.
3. Prices, Publications and Representations
3.1 The Company reserves the right to vary the price quoted for Goods in order to conform to the Company’s price of such Goods ruling at the date of despatch or to take into account any increase in wages, salaries or costs of materials between the date of the Order and the date of delivery.
3.2 Information regarding any data generally relating to the Company’s products contained in any document submitted to the Buyer for use by the Buyer or the Buyer’s customer must be regarded as only approximate and intended to present a general description only. The Company accepts no liability whatsoever for any error or omission therein.
3.3 Where the Company provides specifications, advises on or approves the use of any of its products then such service advice or approval is given without responsibility and subject to the condition that the Company shall be under no liability of any kind in connection therewith.
4. Reservation of Title
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery.
4.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, title to the Goods shall only pass to the Buyer when the Company has received payment in full for the Goods.
4.3 Until such time as the title to the Goods passes to the Buyer (and provided the Goods are still in separate identifiable existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
4.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods over which the Company still retains title, but if the Buyer does so, all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
5.1 Unless otherwise agreed in writing payment for Goods shall be made not later than 30 days from date of invoice.
5.2 Notwithstanding the provisions of Clause 5.1 the Company reserves the right to require payment in full for the Goods on or before the time of delivery or otherwise to change any credit facility from time to time given by the Company. This includes the Company reserving the right to require payment by direct debit.
5.3 If the Buyer disputes any invoice or other request for payment, the Buyer shall immediately notify the Company in writing giving its reasons why. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. The Company shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment.
5.4 In the event that any invoice is overdue the Company reserves the right in its absolute discretion to cancel any existing contracts or to suspend delivery of further Goods until the outstanding invoice[s] are settled.
6.1 Any periods or dates quoted for delivery (which shall he made at the Company’s works unless otherwise agreed in writing) are to be agreed as approximate only and the Company accepts no liability for any loss, injury, damage or expense consequent upon delay of delivery of Goods.
6.2 Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any Order or to refuse to accept delivery notwithstanding that the title in the Goods may not have passed.
6.3 Should the Company be prevented from making delivery owing to any cause whatsoever beyond the Company’s control the Company shall be at liberty to cancel or suspend the Order without incurring any loss or be liable for loss or damages resulting thereof.
7. Warranty and Liability
7.1 The Company shall not be liable in respect of any claim made against them for the infringement of any letters patent or registered designs which may arise as a result of the Company carrying out instructions given by the Buyer and the Buyer hereby agrees to indemnify and keep indemnified the Company from and against all or any such claim and against all costs damages and demands arising in respect of any such claim.
7.2 The Company hereby warrants that in the manufacture of its Goods only sound workmanship and materials are employed and that all Goods supplied are free from defect in materials and workmanship. Provided always that the Company’s liability be limited as follows:
7.2.1. If the Buyer shall within fourteen days after delivery of the Goods give written notice to the Company of any alleged defect and shall forthwith return the Goods in question carriage-paid to the Company’s works, the Company will (if satisfied upon examination of the Goods that they are defective) without charge to the Buyer replace such Goods or such parts thereof as in the opinion of the Company may be necessary.
7.2.2. The Company’s obligations to replace such Goods or any part or parts thereof is conditional on the Buyer having complied with all instructions given by the Company concerning the manner in which such Goods should be stored, applied and used.
7.2.3. Subject as aforesaid, all conditions and warranties whatsoever whether arising at common law or by statute are expressly excluded and the Company shall not in any circumstances be liable to the Buyer in respect of consequential loss or damage or injury howsoever arising.
7.3 No claim for damage in transit or shortage in delivery will be entertained in cases where the Company has agreed to deliver the Goods to the Buyer unless a detailed and complete claim in writing is submitted to the Company within seven days of delivery.
7.4 In the event of loss or destruction of the Goods in transit, advice of non-delivery must be submitted in writing to the Company within seven days of the date of the consignment as advised by the Company to the Buyer.
7.5 Subject to the acceptance of claims made as aforesaid the Company will replace free of charge Goods lost or damaged in transit but shall be under no further liability to the Buyer in respect thereof.
9. Governing Jurisdiction
Any contract to which these conditions apply, and any issues regarding this website including Terms and Conditions, is governed exclusively by Irish law and subject to the exclusive jurisdiction of the courts located in the Republic of Ireland.
10. Age Restriction
You must be eighteen years old to use this website. If you are under eighteen years old you may only use this website with the consent and under the supervision of a parent or guardian. If you do not qualify please do not use this website.
By using this website you understand that you are financially responsible for all use of this website.
12. Email Communication
When we communicate with you we may do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
13. Availability of Products
Unfortunately, we cannot guarantee that products advertised on this website are available. If we do not have all the products you wish to order in stock we may offer you alternatives which you may choose to accept, or you can cancel all or part of your order. In addition, we sometimes change product specifications or withdraw product lines. We accept no responsibility if we are unable to supply products ordered as a consequence.
14. Cookies and Privacy Policies
We at Smallwares Limited respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003. Please click here to read our full Cookies and Privacy Policies.
15. Manufacturer’s Warranty
There is no manufacturer’s warranty provided on any products on this website or for any products we manufacture.
16. Use of this Website
Smallwares Limited own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of this website, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
We make every effort to ensure the accuracy of information on Injectionmoulding.ie but the information on this website is provided ‘as is’ or ‘as available’ and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use of the results of the use of the materials available through Injectionmoulding.ie or from third parties will be correct. We accept no liability in relation to any of the above other than as may be provided under you statutory rights.
We reserve the right to refuse you access to this website.
You will not use this website for spamming which includes the sending of unsolicited messages, or the sending of unsolicited emails to either Smallwares Limited or any of our customers.
18. System Security
We will do our best to maintain this website in order that you have constant use, but there will be times when your use may be interrupted. By using this website you agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of this website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
19. Limitation of Liability
We give no warranty and make no representation, express or implied, as to the adequacy of appropriateness of products for your purpose.
Our website may contain links to other internet websites outside our power and control. By using this website you accept that we will not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of this website or the purchase of goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is applied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
20. Modification of Terms
21. Laws of the Republic of Ireland
22. Termination of Website
We reserve the right to terminate at our sole discretion this website at any time. In addition we reserve the right to amend these terms and conditions from time to time.