Forte Healthcare Limited (Ireland)

General Terms and Conditions of Sale (“Terms”)

In these terms of sale ‘Company’ means Forte Healthcare Limited, Company Number  348132  and ‘Customer’ means the person or company to whom the document is addressed.

These terms shall form the basis of the contract between the company and the customer. Notwithstanding anything to the contrary in the customer’s standard conditions of purchase, these conditions shall apply save where otherwise expressly agreed in writing by the company. No representative or agent of the company has authority to vary these terms or to make representations or warranties about the condition of the Company’s products, their fitness for any purpose, or any other matter whether relating to the products or these terms or otherwise either orally or in writing.

Unless otherwise expressly stated in writing, all prices quoted by the company incorporate these terms and are an invitation to treat. The customer’s order is an offer on these terms which will become binding upon the company posting its confirmation of the order, or by the company making delivery to the customer  The Company reserves the right to recover any cost, loss or expense arising from customer cancellation or variation of an order confirmed by the Company.

Whilst every precaution is taken in the production, packaging and shipping of the products, the customer shall carry a thorough inspection of the products within five working days of their delivery and shall give written notification with vouching photographs to the company’s email of any defects which a reasonable examination would have revealed. No claims will be accepted thereafter. Any liability of the company under this clause shall be limited to the invoice value of the products or replacement and the company shall not be liable for any consequential loss arising.

Unless otherwise stated, all prices assume delivery in full loads.  The company reserves the right to charge extra for delivery in partial loads where requested by the customer.  Route of delivery shall be at the discretion of the company.  Where the invoice value of the products does not exceed €300.00, cost of delivery shall be charged in addition of the price.

The customer shall note any claim for short delivery on the delivery schedule at the time of delivery and shall confirm such claim in writing to the company’s head office email within five working days from the date of delivery.  Compliance with this requirement shall be a condition precedent to any claim for short delivery.  If short delivery does take place, the customer undertakes not to reject the goods but to accept the goods delivered as a part performance of the contract.

The company will use all reasonable endeavours to despatch the products on a specified delivery date but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing.  If manufacture or delivery is delayed by force majeure, pandemic, strikes, lockouts, fire, consequences of war, accidents, defective materials, delays in receipt of raw materials or brought in products or components, or any other cause beyond the reasonable control of the company, the company may at its option rescind the contract without cost or compensation or seek a reasonable extension of time for delivery.

If the customer fails to take delivery on the agreed date or, if no specific date has been agreed, when the products are ready for despatch and the company has given written notice of such readiness, the company shall be entitled to store and insure the products and to recoup the cost of same by way of additional charge to the customer.

Products may only be returned to the company following its written consent to accept back same.  A credit note will not be issued for any products returned by the customer to the company which were delivered to the customer more than six months previously or have less than six months shelf life before expiry date on the date of such return.

Prices quoted exclude VAT.  Any variations to prices quoted resulting from increase in government taxes or levies both on the products and on the raw materials will be for the customer’s account.

The customer shall pay strictly net 30 days after the date of invoice and shall pay interest on overdue accounts at 4 per cent above the European Central Bank Fixed Tender Rate, with interest at the rate calculated and accruing daily.

Ownership of products delivered by the company shall only be transferred to the customer when the customer has paid for the products in full and met all that is owing to the company on whatever grounds and until then the customer shall hold the products in trust for the company and to its order.  The risk of accidental deterioration or destruction of the products shall pass on delivery and the customer shall insure against such risk.

The customer shall pay all accounts in full and not exercise any rights of set-off or counterclaim against invoices submitted.

All new customer account set-up & subsequent orders are accepted subject to trade references being satisfactory.

Any disputes which may arise out of this contract shall be determined in accordance with the laws of the Republic of Ireland.

If the customer is in breach of any of its obligations under this contract or if the customer offer to make an arrangement with his creditors or commits an act of Bankruptcy or in the case of a limited company and examiner or receiver is appointed or a petition to wind up the customer is presented the company can forthwith terminate the contract.

The Company shall be under no liability to respect of any damage or loss to third parties caused directly or indirectly by the customer’s breach of these conditions and the customer shall at all times indemnify the company against any such loss or damage or demands or claims and costs or expenses in connection therewith.

Products are intended for sale only to the Customer and shall not be exported and it is a condition of sale that the customer guarantees that any products purchased will be dealt with in a conformity with appropriate current statutory requirements and in conformity with any recommendations made by the company for the relevant products.  The customer shall not adulterate the products in any way or give any representation on behalf of the company other than those contained in the company’s data sheet, relating to the products nor shall the customer interfere in any way with the labels and other markings used by the company for the packaging of the products.