APPLICATION OF TERMS
1.1 Subject to any variation under condition 1.3, any contract (“Contract”) between Stacked Limited (“Company”) and a person, firm or company (Buyer) who purchases goods (“Goods”) for a price (“Purchase Price”) from the Company, shall be in accordance with these terms and conditions (“Terms and Conditions”) to the exclusion of all other terms and conditions and the Buyer is deemed to have accepted these Terms and Conditions upon placing an order (“Order”) with the Company.
1.2 The Company reserves the right to add, alter, amend or withdraw at any time without notice any of these Conditions. The current Conditions can be found on the Website and attached to the current offline catalogues.
1.3 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.4 A Contract will form upon acceptance of the Order by the Company.
2.1 The Company’s quotations are valid for 30 days, subject to stock availability and without obligation.
2.2 Quotations are for the sole use of the addressee and are given on the basis that no Contract shall come into existence until the Company accepts the order or, failing that by means of delivery and/or invoice.
2.3 STACKED is entitled to refuse any offer or order from the Buyer without having to give any reason.
3.1 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. If a delivery date is quoted, the Goods may be delivered by the Company or by a third-party supplier in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
3.2 Goods will be delivered to the delivery address supplied by the Buyer. The Buyer is considered to have given authority to accept a delivery on its behalf to any person who accepts delivery at the delivery address.
3.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, damage to the Buyer’s property or property of another person or body, personal injury or death to the Buyer or any other person other than that caused by the Company’s negligence, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any reasonable delay entitle the Buyer to terminate or rescind the Contract.
3.4 The Buyer is obliged to take receipt of the purchased goods at the time they are made available. If the Buyer refuses to take delivery or fails to provide the information required or appropriate facilities to enable the Company to effect delivery:
- (a) risk in the Goods shall pass to the Buyer
- (b) the Goods shall be deemed to have been delivered and:
- (c) the Company may store the Goods until delivery.
STACKED may demand that the invoiced amount is paid as if delivery had taken place. All expenses incurred as a result of late delivery or in the event that delivery is not possible, will be charged to the Buyer.
3.5 If the Company delivers in installments to the Buyer, then each installment is a separate Contract. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract. No cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment. If payment is not made to the Company in accordance with the terms of the Contract then the Company may withhold or cancel delivery of any other of the Buyer’s Orders which have not yet been delivered.
- (a) The Purchase price for the Goods shall be exclusive of any value added tax, which will be charged at the rate prevailing on the date of dispatch or on the date of the Company’s invoice for the Goods if earlier.
- (b) Subject to 4 (c) the Purchase Price for the Goods is inclusive of the costs and charges of packaging, insurance and transport of the goods.
- (c) The Company reserves the right to charge additional carriage on specified deliveries where they may fall outside the normal delivery area or fall below a previously agreed value level.
- (d) For orders through our IT hardware website, it is possible that a price may increase from the displayed price. If this happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Whilst every effort is made to minimise/absorb manufacturer price increases, occasionally external factors dictate we can’t avoid them. In all instances, where a manufacturer indicates a price increase this will be backed-up in writing outlining the increase factors.
5.1 Unless otherwise stated, invoices must be paid within 30 calendar days of the date stated on them. No payment shall be deemed to have been received until the Company has received cleared funds. If the Buyer fails to pay the Company any sum due pursuant to the Contract:
- (a) the Buyer will immediately be in default.
- (b) the Company will be entitled to charge the Buyer interest at 3% above the current base-lending rate of the Central Bank Of Ireland, compounded daily, on the amount outstanding until it has been paid in full; and
- (c) the Company will be entitled to sue the Buyer and or pass the debt onto a Debt Collection Agency for the money and all costs incurred by the Company in connection with the Contract
5.2 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
Data collected by the Company in the course of its business dealings will be retained in accordance with these Terms and Conditions and any prevailing privacy, use or data protection policy in force from time to time by the Company. Some or all of that data may be personal data that is subject to the Data Protection Act 1988 & 2003. The data supplied to the Company will be processed by it to execute the Buyer’s Order, to monitor the Buyer’s account, to select and send to the Buyer marketing material and periodically to conduct trade and bank reference enquiries and other credit checks. This will involve the disclosure of the Buyer’s data to and from third parties. The Buyer consents to the processing of its data for those purposes. Prior to progressing the Buyer’s Order the Company will attempt to verify the Buyer’s identity (or the identity of the individual on whose behalf the Buyer is acting).
This process involves checking the details the buyer supplies against those held by credit reference agencies and scoring methods may be utilized in the verification process. A record of this process will be kept that may be used to help other companies to verify the Buyer’s identity. The Company may also pass information to organizations involved in fraud prevention to protect itself and its customers from theft and fraud. If the Buyer supplies false or inaccurate information and the Company suspects’ fraud, the Company will record this and share this information in line with any relevant legal obligations.
7.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
7.2 Subject to this clause 7, the Company warrants that on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1980.
- (i) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 5 days of the time when the Buyer