General Terms & Conditions
Callaghan Forklifts Ltd
Terms of Sale (September 2013)
Formation and object of the contract
- The presentation of our products and service offer visible in the Online Store, including related illustrations and drawings, and dimensions, weight and performance data, shall not constitute a legally binding offer, but an invitation for submission of an offer by the Customer.
Prices & Payment terms
- The price list is revised continuously and the supplier has the right to change the prices specified therein without notice. All prices exclude VAT.
- The listed price does not include transport costs. These will vary depending on location.
- Payment terms are net 30 days after the invoice date. No discounts are given for prompt payment.
- The Customer shall not be entitled to make any deduction by way of set-off, counterclaim, discount, abatement or otherwise.
- If it can reasonably be assumed that the Customer will not be able to perform it’s payment obligations due to the Customers insolvency or if circumstances otherwise indicate a significant deterioration in the Customer’s ability to pay, we reserve the right to suspend delivery of one or more orders for Products or Services or to terminate such order(s) with immediate effect.
Delivery period and delay
- We only deliver to Customers with a registered office in Ireland (billing address) and who has a shipping address within Ireland.
- Information about delivery lead times and delivery times are approximate.
- Delivery will be made to the delivery address specified by the customer. If the address is incorrect, incomplete or unclear, the Customer shall be responsible for all resulting costs.
- Defective delivery shall not be considered delayed delivery. If the products are damaged on delivery or delivered in a quantity which falls short of the ordered number of products, then unless the customer notifies us in writing by the close of business of the third day after delivery no claim against us may be made in respect of damage to or shortfall of such products.
- If the customer is late taking delivery or fails to give us accurate delivery instructions, then without prejudice to any other right or remedy available to us, we may a) store the goods at our facility and invoice the customer for storage, transport and loading fees incurred and/or b) sell or supply the products to a third party in any country at the best price readily obtainable and charge the customer for any shortfall in the price (including all storage and selling expenses).
- If orders include several products we are entitled to make partial deliveries. Each delivery incurs a cost for transport that the customer must pay.
Delivery Lead Times and Force Majeure
- We reserve the right to defer the delivery of the products or to cancel the order confirmation or reduce the volume of the Products to be delivered to the Customer and we shall not be in breach of any of our obligations due to circumstances beyond our control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our or the Customer’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials.
- Returns are done at the Dealers discretion.
- New products are protected by the manufacturer’s product warranty indicated on the product page.
Long and Short Term Rental
- Generic lists of Forklifts, available for Hire, are shown on our Hire Page. The exact Forklift delivered may vary in style, colour or make but will meet the required lifting weights, mast height and fork requirements as set out by the customer.
- Callaghan Forklifts is the owner of the equipment. The Hirer is the person, firm or company taking the equipment for hire. Equipment can be hired on a long term (1-5years) or short term basis (daily/weekly/monthly).
- All days including Sundays and holidays are chargeable
- Charges start from the time the equipment leaves our premises until it is returned to our premises.
- The cost of transport for each hire vehicle is chargeable to the customer.
- The Hirer agrees to indemnify the owner against all claims of damage to property or injury to workmen or third parties arising from the use of equipment while on hire.
- The Hirer must be satisfied that the equipment is in good working order and take all steps to keep themselves acquainted with the state and condition of the equipment for the duration of the hire.
- Charges are payable immediately at the finish of the hiring period, approved accounts excepted.
- The Hirer is responsible for the equipment while on hire and agrees to pay the cost of repairs, replacement, cleaning and/or delivery/collection.
- The Hirer shall insure the Plant/vehicle and keep it insured under a fully comprehensive policy, during the currency of the contract.
- The person signing the hire contract warrants that they have the authority of the Hirer to make the contract on the Hirer’s behalf and agrees to indemnify the owner against all losses and costs that may be incurred, this being not so.
- The Hirer must ensure that all persons using the equipment have adequate qualifications and training.
- The Hirer authorises the Owner to enter any premises where the owner believes that any equipment may be located, for the purposes of inspection, repair or repossession.
- The Hirer will be responsible for compliance with all regulations issued by the government or Local Authorities, including regulations under the Factories Act 1955, Safety Health & Welfare Act 2005 and observance of the Road Traffic Acts, should they apply.
- The duration of any long term hire will be set out in the customer agreement. If for any reason the customer is unable to fulfil the contract they will be liable for the full amount.
- All servicing is performed during the Supplier’s normal business hours on weekdays between 08:00 and 17:00.
- Overtime and delivery of spare parts and accessories, and any other additional costs incurred by the Customer, will be according to the Suppliers price list in effect at the time of execution of maintenance.
Limitation of Liability
- The Supplier shall not be liable by way of indemnity or by reason of any breach of these general terms and conditions or of statute, tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts, loss of revenues or of anticipated savings, any increase in operating costs, or for any financial or economic loss or for any indirect or consequential damage whatsoever that may be suffered by the Customer or any third party.