Terms & Conditions

1. Introduction;

“Contract” means the contract between ALMA and You the Buyer for the supply of Goods in accordance with these Terms;

“Goods” means the goods supplied by ALMA to You, the Buyer as set out in the Order;

“ALMA” or “Company” means Alma Engineering Supplies Limited;

“Order” means the method by which You communicate Your order for the Goods You require from ALMA from time to time;

“You”,”Your” or “the Buyer“means the person or firm who purchases Goods from ALMA.

These Terms apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade,
custom, practice or course of dealing.

No variation, and no additional terms and conditions to this Order, will be valid unless accepted in writing and signed by ALMA .

2. Delivery;

(a) All obligations to supply materials are entered into by ALMA. upon the express condition that the Company has the right to suspend deliveries without involving any responsibility upon the Company during any period of prevention or delay attributed to the following causes: War, fire, strikes, lockouts, combinations of workmen, fog, weather conditions, shipping delays, road transport delays, unavailability of materials, or any accident or other cause beyond the Company and/or its suppliers.

(b) ALMA will use all reasonable endeavours to meet any delivery dates specified by You, but any date for delivery named by the Company is an estimate only and in no circumstances shall the failure of the Company to deliver on or before the names date either entitle the Buyer to rescind or terminate the contract or make the Company liable in any way for the consequences of any delay. Material from stock is offered subject to being unsold upon receipt of order.

(c) PLEASE NOTE: Any claim relating to goods delivered under this contract shall be notified to the Company in writing within 3 working days from the date on which the said goods are received by the Buyer or his agent. The Buyer shall afford the Company reasonable facilities for examining the goods before they have been disposed of, or treated, or in any way altered. All goods damaged in transit and accepted in that condition by the Buyer shall not be subject of any claim hereunder.

(d) The signature of any employee or agent or ostensible agent of the Buyer acknowledging receipt of the goods shall be conclusive evidence of receipt of the goods specified on the relevant Delivery Docket.

3. Your obligations. You will;

Ensure the details of the Order and any information provided regarding a specification are complete and accurate.

Ensure that any specification requested by You or proposed by ALMA is sufficient to ensure that the end product of the Goods is fit for the purpose required by You.

Provide ALMA with such information as it may reasonably require in order to supply the Goods.

Notify ALMA within 3 days of delivery where a defect is discovered in the Goods upon delivery.

4. Specification and performance;

ALMA will provide the Goods to You, the Buyer, in accordance in all material respects with any specification You have supplied and that has been referenced in the Order Acceptance.

Where You have supplied a specification to ALMA, You shall indemnify ALMA against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by ALMA in connection with any claim made against ALMA for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with ALMA’s use of the specification. This shall survive termination of the Contract.

Where the Goods are manufactured in accordance with information or drawings supplied by You or to Your design or specification or where standard Goods are altered in accordance with Your instructions, no guarantee or warranty is given by ALMA as to the practicability, efficiency, safety or otherwise of the Goods (this being without prejudice to any of the other Terms).

Where no specification has been supplied by You: ALMA will provide the Goods based on the information You have supplied and use all reasonable endeavours to ensure the Goods meet the purpose for which they are required.
ALMA will not be liable if the Goods do not meet the particular level of performance that they are required for. Where ALMA provides advice on specification, You remain responsible for ensuring that the specification is adequate for the purposes You require. No variation in the specification or design of any Goods, which in the reasonable opinion of ALMA does not affect the suitability of the Goods for the purpose for which they are supplied, will constitute a breach of Contract or impose upon ALMA any liability whatsoever.

5. Order / Quotations and Payment;

All quotations are subject to prices ruling at date of despatch (notwithstanding prices quoted).
The prices quoted are exclusive of VAT which will be added to the invoice at the rate then current and appropriate to the transaction.

Accounts must be settled within SIXTY days from date of invoice / E.O.M as per terms agreed. Otherwise overdue accounts will be put on hold until payment. Interest shall be charged by the Company at the current rate of interest on all amounts remaining due and owing after the credit period referred to in the Application for Credit Facilities form has expired and such interest shall accrue on a daily basis. If no Credit Application Form has been completed and signed then payments must be made in THIRTY days (EU Directive 2000/35/EC). Alma is currently covered by Credit Insurance therefore failure to pay within the terms agreed may result in debts being passed on for collection by the Insurance Company.

The company reserves the right to cancel or refuse to accept any order for goods quoted, without any reason therefore. Cancellation or refusal shall be communicated in writing to the buyer’s last known address. Any cancellation of order received by the company must be in writing, otherwise the order stands.

Orders are accepted only on the strict understanding that the Company’s responsibility for any claim connected with materials supplied by the Company shall be limited to the replacement of such materials and shall exclude all consequential claims. Any recommendation made by the Company relating to the use of the goods is given in good faith, but it is for the Buyer to satisfy himself as to the suitability of the goods for his own particular purpose and the Company gives no warranty as to the fitness of goods for any particular purpose.

6. Warranty;

ALMA warrants that the Goods will be free from any defects in material or workmanship for a period of one year after the date of delivery to You, the buyer.
As ALMA is not the manufacturer of the Goods ALMA will use reasonable endeavours to transfer to You the benefit of any warranty or guarantee given by the manufacturer.

7. Title and Risk;

The risk in the Goods shall pass to You on completion of delivery.
Title to the Goods shall not pass to You until ALMA has received payment in full (in cash or cleared funds) for the Goods.
Ownership of goods shall be governed by the ‘Reservation of Title’ as agreed and signed by your company. Until title to the Goods has passed to You, You shall:
(a) hold the Goods on a fiduciary basis as ALMA’s bailee;
(b) store the Goods separately from all other Goods and any other stock held by You so that they remain readily identifiable as ALMA’s property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
(e) notify ALMA immediately if You become subject to any of the events listed in Clause 9 but You may resell or use the Goods in the ordinary course of Your business.

If, before title to the Goods passes to You, You become subject to any of the events listed in clause 9, or ALMA reasonably believes that any such event is about to happen and notifies You accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy ALMA may have, ALMA may at any time require You to deliver up the Goods and, if You fail to do so promptly, enter Your premises or those of any third party where the Goods are stored in order to recover them.

LIEN on Goods;
ALMA shall have a lien on all of the goods of the Buyer from time to time in the possession of the Company whether pursuant to this Contract of sale or Otherwise for all amounts due to the Company hereunder or otherwise. If the Buyer does not discharge the lien within thirty days of it being imposed, by payment of all amounts due, the Company shall have the rights to sell the goods, the subject of the lien and to deduct from the net proceeds of sale all amounts due to the Company.

If the Buyer, being an individual, or where the buyer is a firm, any partner in it, shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or if the Buyer being a company shall pass a resolution or a court shall make an order that it be wound up (not being a Members of Voluntary winding up for the purpose of reconstruction or amalgamation) or if a receiver or manager on behalf of a creditor shall be appointed or if circumstances arise which entitle the court to make a winding-up order or if the Buyer becomes insolvent then the company shall be entitled forthwith on notice to the Buyer to terminate the contact without compensation to the buyer but without prejudice to any rights of the company hereunder.

8. Liability

Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Terms excludes or limits ALMA’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
ALMA will not be liable to You, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or an indirect or consequential loss arising under or in connection with the Contract.
ALMA shall have no liability for defective Goods unless the relevant Goods are returned to ALMA for inspection within 28 days of the discovery of any defect. ALMA shall use all reasonable endeavours to rectify defects in the Goods, provided that the defective Goods are made available to ALMA in the same condition as they were supplied i.e. are not damaged or altered.
This Clause shall survive termination of the Contract.

9. General;

All notices, etc, to be served hereunder shall be deemed duly served or delivered within two days of posting or within twenty-four hours of faxing same to the receiving party.
(i) This contract is governed by Irish Law
(ii) Any dispute under the contract shall be referred to an Arbitrator or Arbitrators to be appointed by the parties, or in default of agreement, by the President of the Law Society of Ireland for the time being and his discretion shall be binding on both parties, and this shall be a submission to Arbitration within the Arbitration Act, 1954 or any statutory amendment thereof for the time being in force.
(iii) In this clause ‘dispute’ does not include a claim for the price of goods sold by the Company to be Buyer.
The above terms are accepted as overriding any terms or conditions that may be included in any request document or subsequent order
from the Buyer.
No variation of these terms shall be entertained unless in writing and signed on behalf of the Company.

10. DATA PROTECTION

ALMA ENGINEERING SUPPLIES LTD are legally obliged to inform you that we currently hold the following details on our secure accounting software / server. This information is purely for maintaining our trading relationship and general communication purposes. Your information is backup for security purposes by a trusted 3rd party.

We do not share the information with any 3rd parties, other than limited courier companies for delivery purposes and our approved and compliant Merchant Service supplier if you avail of our Credit Card facility. If you visit our Website we only gather anonymous 3rd. party data.
Terms and Conditions are subject to change and up to date T&C will always be available to view on our website.

The information retained is all or part of the following;

1. Company name
2. Contact name/ /Trading name for buyers, sales, accounts and management
3. Trade References (if given at time of account setup).
4. Head office / Invoicing address including various possible 3rd party site location delivery addresses.
5. Contact numbers and fax numbers as supplied by yourselves
6. Email addresses as supplied by yourselves
7. Invoice and Product Acquisition/Quoting Activity.
8. Vat No. / Company Registered No.
9. Bank account details
10. Atradius Credit Rating (if applicable)

If you object to any of the data listed above being held on you, please contact us directly and we will remove any of the information.
By law were are required to keep a record of financial transactions for a period of 7 years, thereafter, we delete the details of these transactions.
By continuing to communicate with, supply or order from Alma, you will have indicated your acceptance of our GDPR policy.