Terms & Conditions

INTERPRETATION

In these Terms:

"Customer" means the person who accepts the Company's Written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Company;

"Goods" means the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Terms;

"Company" means Clery & Co. (1941) plc and its wholly owned subsidiary Denis Guiney Furnishings Limited trading as "Clerys Home Furnishings".

"Contract" means the contract for the sale and purchase of the Goods;

"Terms" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Customer and the Company.

BASIS OF THE SALE

The Company shall sell and the Customer shall purchase the Goods in accordance with the Company's Written quotation (if accepted by the Customer), or the Customer's Written order (if accepted by the Company), subject in either case to these Terms

No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Company.

The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

The Company shall not be liable for any advice or recommendation concerning the Goods their storage or application which is not confirmed in writing by the Company.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, computation, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

Where the Customer does not approve of or accept a correction made by the Company pursuant to clause 2.5, the Company shall be entitled to cancel the Contract.

ORDERS AND SPECIFICATIONS

No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company's authorised representative.

The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.

The quantity, quality and description of the Goods and any specification for them shall be as set out in the Company's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Company).

Where the Customer cancels an order within three working days from the date upon which the order was accepted by the Company, the Customer shall be entitled to receive a full refund of the deposit paid in respect of the Goods the subject of the said order

If however, the Customer cancels an order after three working days from the date upon which the order was accepted by the Company, the Company shall, (without limiting any other right or remedy available to the Company), retain the full deposit paid in respect of the Goods.

PRICE OF THE GOODS

The price of the Goods shall be the Company's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company's published price list current at the date of acceptance of the order.

Unless otherwise agreed in Writing between the Customer and the Company, all prices are given by the Company on an ex-works basis, and, where the Company agrees to deliver the Goods otherwise than at the Company's premises, the Customer shall be liable to pay the Company's charges for transport.

The Customer shall be liable to pay the Company's charges (including transport charges) in connection with the re-delivery of the Goods if, by reason of the Customer's fault, (including, a failure by the Customer or a designated agent to be present at the place agreed for delivery at the relevant time) it is not possible for the Company to deliver the Goods to the Customer upon arrival at the place agreed for delivery.

TERMS OF PAYMENT

The Customer must pay for the Goods using one of the following four options: (i) cash; (ii) laser; (iii) banker's draft; or (iv) credit card.

The Customer must pay a deposit of 20% of the price of the Goods (except in the case of a bed or beds) upon acceptance of an order by the Company and the Customer must pay the balance of the price before the delivery of the Goods and within a period of 14 days from the date upon which the Company notifies the Customer that the Goods are available for delivery. Where more than one delivery is required to complete an order, the Customer shall pay the balance due in respect of each instalment before the delivery of the relevant instalment and within a period of 14 days from the date upon which the Company notifies the Customer that the relevant instalment is available for delivery. Where the Goods comprise a bed or beds, the Customer shall pay the full purchase price upon acceptance of an order for the Goods by the Company.

If the Customer fails to pay for the Goods in full within the said period of 14 days, the Company may, (without limiting any other right or remedy available to the Company):

cancel the contract or suspend any or further deliveries to the Customer;

keep the deposit or any payment made by the Customer as the Company may think fit; and charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of one per cent per month, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

DELIVERY

Delivery of the Goods shall be made by the Customer collecting the Goods at the Company's premises at any time after the Company has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.

Any dates and/or times quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by the Company in advance of the quoted delivery date on giving reasonable notice to the Customer.

Where the Goods are to be delivered in instalments, failure by the Company to deliver any one or more of the instalments in accordance with these Terms or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.

The Customer shall ensure that, in advance of the arrival of the Company's agents, all furniture and carpeting are removed from any rooms in which new carpeting is to be fitted.

The Customer shall be solely responsible for noting the size and dimensions of the Goods ordered and ensuring that the Goods fit into their intended location and through any passages, stairwells, landings and doorways on the way into their intended location. The Company shall not be liable to the Customer in respect of any goods which do not fit into their intended location and/or do not fit through any passages, stairwells, landings and/or doorways on the way into their intended location.

If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company's reasonable control or the Customer's fault, and the Company is accordingly liable to the Customer, the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

If the Customer fails to take delivery of the Goods within a period of 21 days from the date upon which the Company notifies the Customer that the Goods are available for delivery or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of the Company's fault) then, without limiting any other right or remedy available to the Company, the Company may:

store the Goods until actual delivery and charge the Customer for the costs (including insurance) of storage at the rate of €30 per week or part thereof; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.

RISK AND PROPERTY

Risk of damage to or loss of the Goods shall pass to the Customer:

in the case of Goods to be delivered at the Company's premises, at the time when the Company notifies the Customer that the Goods are available for collection;

or

in the case of Goods to be delivered otherwise than at the Company's premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.

Title to the Goods shall not pass to the Customer until the Company has received payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.

WARRANTIES AND LIABILITY

Subject to the following provisions, the Company warrants that, at the time of delivery, the Goods will correspond with their specification and the standards set by the manufacturer.

The above warranty is given by the Company subject to the following conditions:

the Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;

the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Company's approval;

the Company shall be under no liability in respect of any variations in the colours or composition of fabrics, leathers, wood or other materials which form part of the Goods and the Customer is specifically advised of the following:

(a) fabrics and leather may vary due to dye lot variations;

(b) leather and wood products are subject to grain variations; and

(c) all removable covers of a matching suite must be washed at the same time in order to avoid colour variations.

the Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.

Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

The Customer shall be solely responsible for undertaking a thorough inspection of all of the Goods upon delivery thereof. The Company will not be responsible for any damage not reported on delivery. If the Customer does not notify the Company or its agent of any claim , defect or damage in accordance with this clause, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect, damage or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification or standards set by the manufacturer is notified to the Company in accordance with these Terms, the Company may replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case the Company shall have no further liability to the Customer.

Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company's reasonable control.

The statutory rights of the Customer under the Sale of Goods and Supply of Services Acts 1893 - 1980 are not affected by the Contract and these Conditions are subject to such statutory rights where appropriate.

GENERAL

If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

The Contract is deemed to be made at the registered office of the Company which is situated at 18-27 Lower O'Connell Street, Dublin 1.

The Contract shall be governed by the laws of Ireland, and the Customer agrees to submit to the non exclusive jurisdiction of the Irish courts.

The Dublin Metropolitan District Court shall have unlimited jurisdiction to hear any dispute arising under or in connection with the Contract or the sale of the Goods.