We accept orders and do business on the following conditions, which shall be deemed to be incorporated into any agreement between any customer and us.  Any term or condition which a customer may purport to stipulate or incorporate into an order which is inconsistent with these conditions or purports to increase or extend the obligations of us, our servants or agents beyond those arising hereunder shall be of no effect.

None of our servants or agents have any authority whatsoever to agree to vary or wave any of these conditions of business.

In these Terms and Conditions the following words shall have the following meaning.

• The Company' shall mean M & S Plant Spares Limited
• The Customer' shall mean the person, firm or company offering to purchase goods from the company.

Conditions of Sale

Reservation of Title

1. The customer acknowledges that before entering into agreement for the sale or supply of goods from or for work to be done by us he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy, or being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, to petition for winding-up of the customer or to exercise any other rights over or against the Customers assets.

2. Any goods sold or supplied by us to the customer shall remain our sole and absolute property as legal and equitable owner until such time as the Customer shall have paid to us.

1. The agreed price therefor
2. The full price of any other goods the subject of any agreement between the Customer and us.
3. The full amount of any charges owing to us for work done by us pursuant to any agreement between the Customer and us.

3. Where any agreement order or request we carry out work for the customer upon goods the property of the Customer those goods shall at the time when the work begins become our sole and absolute property as legal and equitable owner.

When the Customer shall have paid us

1. The agreed charges for work
2. The full price of any goods the subject of any agreement between the customer and us.
3. The full amount of any charges owing to us for work done by us pursuant to any agreement between the customer and us.

The legal and equitable ownership of the said goods shall revert to the customer.

4. Irrespective of who at any time is the owner of any goods the subject of any agreement between the Customer and us the risk of any loss or damage to or deterioration of any such goods shall be the Customer's as soon as they are delivered at the place agreed or nominated by him.

5. The Customer acknowledges that as he is in possession of any goods, which are our property, he is so as bailee for us.

6. So long as the Customer is in possession of any goods, which are our property, he will keep them in his own exclusive possession separately from his own goods, separately from the goods of any person and in a manner which makes them readily identifiable as our goods.

7. Subject to the items hereof the customer is licensed by us to attach or incorporate any of our goods which are in his possession to or into any other property of the Customer upon condition that those other goods are kept by the Customer in his own exclusive possession, separately from his own goods, separately from the goods of any other person and in a manner which makes them readily identifiable as our goods.

8. The Customers right to possession of any of our goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which, would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up, for the purpose of taking possession of our goods we may enter upon any premises where they are stored or where they are reasonably thought to be stored and may take possession of them, if our goods have become attached to or incorporated into any other goods we may take possession of those goods also.

9. In any case where we become entitled to take possession of any goods or of any other goods to which they have become attached or into which they have become incorporated the Customer will upon being so required by us

1. Immediately refrain from using our goods
2. In case our goods have been attached to or incorporated into other goods, immediately and at his own expense and without damaging our goods, detach or separate our goods from the other goods and until such detachment or separation has been completed refrain from using the other goods.

10. So long as we retain ownership of any goods the subject of an agreement between the Customer and us, the Customer shall not offer for sale, sell or purport to sell our goods or any other goods to or into which the have become attached or incorporated.

If in beach of this provision the Customer so sell such goods the Customer shall receive and hold the entire proceeds of any such sale (including the proceeds of sale of the other goods) on trust for us and shall not mix such proceeds with any other monies.

The Customer will if so require by us immediately assign to us any rights to receive such proceeds.  After all sums which become payable or owing by the Customer to us including any costs or expenses incurred after any such sale have been paid, any balance remaining shall be paid to the Customer.

11. It is hereby part of the contract of a sale that any vehicle or equipment requiring Engineering Inspection Certificates as required under legislation must be obtained by the customer and no liability will be accepted by the Company for failure to do this.

Refund and Return Policy

12. In the event of goods being returned that have been incorrectly ordered, any expense involved in the delivery or return of the said goods will be payable by the Customer together with a handling charge of 5%

13. In the event of us the supplier sending out the wrong parts we will be happy to replace these items or over all handling expenses.

14. In the event of electrical goods been returned these are non-refundable.

Subcontracting

15. We are entitled to subcontract the fulfillment of any order or any part thereof.

Delivery Times & Dates

16. Delivery time and dates quoted by us are to be treated as estimates only and not binding in any way.  We are not to be liable for any loss incurred by the Customer in consequence of any delay in delivery whatsoever, in particular but without prejudice to the generality of the   foregoing in the event of any delay in delivery or performance by us caused by lockouts, strikes or other industrial action, breakdown of plant, non availability of parts or raw materials, interruptions in transport facilities, fuel or electricity supply or be any cause beyond our control, any such delivery time or date is to be deemed to be extended by the period of such delay.

17. Where queries on accounts arise, such queries must be communicated in writing to the Company within 1 month of receipt of relevant documentation, otherwise no liability will be accepted by the Company.  Queries on isolated elements on the account must not hold up settlement of the remainder of the account.

18. Claims for short delivery or damage in transit will not be entertained unless brought to the attention of the delivery man at the time of delivery. 

19. The Company shall be entitled to charge the Customer with an amount equal to all costs and expense (weather incurred pursuant to the issue of legal proceedings or not), incurred by the Company in any way connected with the collection of monies due to the Company from the Customer by a statement and thereupon such costs and expenses shall immediately become due to the Company.

Shipping Costs

20. Shipping is free for delivery addresses within island of Ireland.

21. Customers outside of the Republic should contact us for shipping details.

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