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+353 (0)1 4600 363

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  • 1 Dublin - Kylemore Rd                             +353 (0)1 4600 363

  • 2 Galway - Tuam Rd                                +353 (0)91 730622 

  • 3 Nordan Ireland                                     

  1890 455555

 

Door Depot Dublin

Kylemore Road,
Dublin 12

Phone: +353 (0)1 4600 363
Email: info@doordepot.ie
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Door Depot Galway

Northpoint,
Tuam Road,
Galway

Phone: +353 (0)91 730622
Email: info@doordepot.ie
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  • Terms & Conditions

CARROLL DOOR DEPOT LIMITED t/a CARROLL RESIDENTIAL


CONDITIONS OF SALE


1. DEFINITIONS
In these conditions:

“The Supplier” means Carroll Door Depot Limited;
“The Customer” means any person or persons who orders goods from the Supplier;
“Delivery” shall occur when The Goods are placed on the Customer’s lorry or other transport or on a site or in a warehouse or other location nominated by the Customer;
“The Goods” means the articles or products ordered by the Customer from the Supplier;
“The Order” means the acceptance of a quotation or the instruction to supply or deliver The Goods given by the Customer;
“The Price” shall mean the sum quoted on a quotation or where no sum is quoted the Suppliers list price (subject to agreed discounts) prevailing at the date of Delivery and shall in all cases be exclusive of all taxes and other third party liabilities;
“The Quotation” means the official quotation of Carroll Door Depot Limited and all documents incorporated in it.


2. GENERAL
(a) Notwithstanding any previous correspondence, representations, warranties or other terms including those contained in any brochures, sales leaflets or otherwise between the Supplier and Customer or other parties it is agreed that these conditions of sale represent the sole and only terms and conditions of sale between the parties and all prior written or oral communications are to be regarded as superseded and not forming part of this contract.

(b) These conditions shall bind both parties immediate The Order being given by the Customer.
(c) No amendment or variation of these conditions shall be valid except the same shall be in writing and signed by an authorised officer or employee of the Supplier and of the Customer.
(d) In the case of any conflict between any conditions purported to be contained in a quotation and the provisions of these conditions the latter shall prevail.


3. DELIVERY

(a) If The Goods are to be delivered away from the pre s of the Supplier and no express agreement has been reached as to the method or route of carriage from the premises of the Supplier, the Supplier shall have the option at the risk and expense of the Customer of nominating the method and route and the Customer shall have full responsibility for any loss or damage howsoever caused to the said goods once they have left the premises of the Supplier.
(b) The Supplier shall be entitled to deliver goods by instalments. Each such Delivery shall be deemed to be a separate contract and failure on the part of the Supplier to deliver any instalment shall not be a ground of complaint by the Customer or a ground for cancellation of an order relating to any other instalment.
(c) Delivery dates are by way of estimate only and the Supplier shall be under no liability whatsoever for the consequences of any delay in any Delivery howsoever arising.


4. WARRANTIES AND LIABILITIES
The Supplier warrants that:-

(a) At the time of sale, it shall have title to sell the Goods to the Customer; and
(b) The Goods sold to the Customer will conform with the specification for them published by the Supplier or their manufacturer.
Subject to clause (e) if the Supplier is in breach of the warranties given by it under clause 4(a) its liability shall be limited to replacement of the goods concerned or at the option of the Supplier, reimbursement of the Price.
(c) The Supplier shall have no further liability to the Customer other than as described in Clause 4(b) above whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of the Goods.
(d) The Supplier shall not under any circumstances by liable to the Customer by reason of any representation or warranty, condition of sale for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise even if advised of the possibility of such damages.
(e) Nothing in these conditions of sale shall exclude or limit the liability of the Supplier for damage or personal injury resulting from the negligence of the Supplier or any of its employees or agents, not shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited including the statutory rights of a Consumer.


5. PAYMENT, CURRENCY AND INTEREST
(a) Unless otherwise agreed in writing payment of The Price is due by deposit on order and the balance on the date that Delivery takes place (“the due date”). Interest at the rate of 1.5% per calendar month, or part of a calendar month, shall be payable on all accounts outstanding after the due date until the date upon which payment is received by the Supplier.

(b) Default in payment by the Customer shall entitle the Supplier, without prejudice to his other rights to repudiate The Order placed in respect of this quotation or other quotations with the Customer and to suspend deliveries pursuant to such order and/or quotations until payment is made.

(c) If the Customer cancels an order the Customer shall indemnify the Supplier, against all losses and expenses incurred by the Supplier whether such losses and expenses arise directly or indirectly from the cancellation and including but not limited to all losses of profit and contribution to overheads.
(d) The Customer shall make all in Euros without set off for counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
(e) Unless expressly quoted including VAT the Price is exclusive of value added taxof any other government taxes or duties which, if applicable, shall be paid by the Customer.


6. LOSS OR DAMAGE IN TRANSIT
The risk in The Goods passes to the Customer when The Goods are placed on transport or delivered to a site, warehouse or other location nominated by the Customer or when loaded on board ship (Irish port as appropriate) and the Supplier accepts no responsibility for any damage, shortage or loss in transit thereafter. The Customer must immediately, upon Delivery, inspect The Goods and any defect or damage, shortage or loss in transit shall be notified to the Supplier within three days by telephone, email or fax and confirmed in writing to the carrier and to the Supplier and the carrier’s conditions in relation to claims for damage, shortage or loss in transit must be strictly complied with. If the carrier’s conditions are not strictly complied with, the Customer will indemnify the Supplier against any
loss resulting there from.

 

7. SPECIFICATIONS

If The Goods shall be ordered by reference to a specification it shall be the sole responsibility of the Customer to ensure that the specification accurately sets out all the requirements of the Customer.

 

8. RESPONSIBILITIES OF THE CUSTOMER
It is the responsibility of the Customer, and a condition precedent to any liability of the Supplier that:–
(a) All goods are stored in a dry place, stacked flat, slightly raised from the ground and adequately protected from damage.
(b) All joinery is stored correctly in accordance with normal trade practices and adequately maintained in service.
(c) Paint work or other protective surface finish is maintained in service and moisture is not allowed to penetrate into the timber.


9. RETENTION OF TITLE
(a) The risk in The Goods shall pass to the Customer upon Delivery but all The Goods remain the property of the Supplier until payment has been made by the Customer to the Supplier of all sums payable in respect of The Goods and also of any other monies due by the Customer to the Supplier whether due in connection with The Order or otherwise. The Customer shall be bound to insure The Goods for their full value.
(b) Should The Goods become constituents of or converted into other products (“new products”) before full payment for them or for any other monies due by the Customer to the Supplier is received by the Supplier the ownership of these new products shall pass to the Supplier as security for such full payment and the Customer shall hold such new products on trust for the Supplier.
(c) Until payment has been made in respect of The Goods, and of any other monies due by the Customer to the Supplier, the Customer shall, if the Supplier so requires, suitably mark or otherwise plainly identify The Goods or new products as being the property of the Supplier and shall set aside and store The Goods safely.
(d) Until payment in full of any monies due by the Customer to the Supplier has been made, the Customer shall have possession of The Goods as bailee of the Supplier and shall have authority until such authority is countermanded by the Supplier to sell The Goods on behalf of the Supplier to third parties at arms length in the ordinary course of the Customer’s business. The Customer shall hold all proceeds of sale in trust for the Supplier and shall maintain such proceeds separately identified. The Supplier shall be entitled to all rights and claims, which the Customer may have against its Customers arising from such sales, until such payment aforesaid is made in full.
(e) The Customer grants to the Supplier irrevocable authority and licence to enter upon the premises of or in the occupation of the Customer for the purpose of repossessing goods where payment in respect thereof or in respect of any other monies due by the Customer to the Supplier has not been received.


10. FORCE MAJEURE

If the fulfilment of The Order by the Supplier is at any time prevented, hindered, interfered with or prejudiced by war, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, riots, civil commotion, rebellion, revolution, insurrection or military or usurped power, by any statute, rules, regulations, orders or requisitions issued by any Government department, Council or other duly constituted authority or by official or unofficial strikes, lockouts, go slows, shortage of labour, damage or breakdown of plant, shortage or delay of transport, stress of weather, fire, riot, or other cause (whether or not of like nature), beyond the reasonable control of the Supplier, the Supplier shall be at liberty to suspend deliveries or to cancel the unfulfilled part of  The Order in whole or part and shall have no liability to the Customer arising from such cancellation.


11. RIGHTS OF THE SUPPLIER
If the Customer shall make any default in or commit any breach of his obligations to the Supplier or if any distress or execution shall be levied on the Customer, his property or assets or if the Customer shall make or offer to make any composition with his creditors or shall commit any act of bankruptcy, or if a Customer, being a limited company enters into liquidation, whether compulsory or voluntary (except liquidation for the purpose of reconstruction) or has a receiver appointed over the company’s undertaking property or assets or any part thereof the Supplier may without notice deter The Order without prejudice to any other claim or right and the Supplier may also stop any goods in transit and the Customer shall not accept Delivery of any goods under The Order and shall, at the request of the
Supplier, return any goods delivered forthwith.


12. COMPLAINTS AND DISPUTES
(a) The Customer shall immediately upon Delivery inspect The Goods and any defect or damage shall be noted by him on the Delivery docket and further the Customer shall within 3 days of Delivery taking place give notice in writing to the Supplier of any matter or thing by reason where of the Customer alleges that The Goods are not in accordance with The Quotation and time shall be the essence in this respect. The Supplier shall have no liability to the Customer if such notice is not given.
(b) When The Goods are ordered by reference to size and colour such order shall be subject to reasonable commercial variation and no complaints shall be made by the Customer if The Goods supplied correspond with The Order within the limits of reasonable trade practice.
(c) If the defects are not such as is or should have been noticed by inspection of The Goods the Customer shall notify the Supplier in writing of any alleged defects in goods within t days of same coming to the knowledge of the Customer or within 7 days of the date of Delivery whichever shall be the earlier. The Supplier shall have no liability of the Customer in the event that such notice is not given.


13. INTERPRETATION
(a) These conditions and The Quotation and order shall be subject to and construed in accordance with the laws of the Republic of Ireland and shall be subject to the jurisdiction of Irish Courts.
(b) The Order shall be deemed to be made at the registered office of the Supplier.
(c) Any notice of written communication provided for in these conditions shall be sufficiently given if sent by prepaid ordinary post to the other party at the last known registered address of sa d shall be conclusively deemed to be given on the second business day following the date upon which the same was so sent. 
(d) In the event that any provision or provisions of these conditions is or are illegal or otherwise ineffective the same shall be deemed severed from these conditions so that the remainder thereof shall continue to be effective.