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Terms and Conditions

All orders are accepted by Timoney Technology subject to these Conditions of Sale.

1. General

All orders for products and services in the Timoney ‘Off-Highway Aftermarket Limited ' e-commerce site (“Catalogue”) are accepted by Timoney Technology Limited ("Timoney"), both wholly owned subsidiaries of Timoney Holdings Limited and Subsidiaries, subject to these conditions of sale, which (unless otherwise specifically agreed in writing by a director of Timoney) override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or during any negotiations or any course of dealing established between Timoney and the Customer, and constitute the entire understanding between Timoney and the Customer for the sale of products or the provision of any services relating to them.
All descriptions and illustrations of the products and services contained in the Timoney Catalogue or otherwise communicated to the Customer are approximate only, and shall not form any part of the contract between Timoney and the Customer. Timoney may correct any errors in the Timoney Catalogue without liability to the Customer.
Timoney is a business-to-business supplier. The Timoney Catalogue is intended for use by business customers and not for consumers or private individuals
In these conditions of sale: "Account" means an open credit account, but excludes transactions on specially designated account numbers used for cash, credit cards or purchasing cards, and excludes transactions on "facility accounts" used for one-off transactions or transactions pending credit checking; "Timoney Catalogue" means the current catalogue of products and services published by Timoney in Off-Highway Aftermarket Limited portal.

2. Prices

The price of products and services are those set out in US Dollars in the Timoney Catalogue that is current at the date of despatch. Prices quoted verbally are not binding. Whilst Timoney will try to maintain the prices quoted in the current Timoney Catalogue (including for suspended orders and backorders), Timoney reserves the right to effect changes without prior notice at any time before despatch. In the case of superseded products, the price charged shall be the current price of the replacement product.
All prices exclude Sales Tax, which Timoney will add at the rate applicable at the date of despatch. The pricing shown on the invoice is definitive, errors and omissions excepted.

3. Ordering

The advertising of products on ‘Off-Highway Aftermarket Limited' catalogue merely constitutes an invitation to treat. Timoney reserves the right to decline to trade with any business entity or person. In addition, Timoney may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer within a reasonable period of receiving the order. If Timoney declines to accept an order where payment has been received, Timoney will refund the payment. Despatch of products is deemed to be confirmation of order acceptance.
Timoney executes orders to the Customer’s exact requirements, and does not substitute one product for another unless instructed to do so, or unless the product has been superseded. To the extent that orders cannot be met completely from existing stock, the unfulfilled balance may be cancelled at Timoney's discretion and the appropriate refund will be made.
All tenders and quotations issued by Timoney shall be treated as invitations to treat and may be withdrawn at any time before Timoney accepts any order from the Customer. Prices specified on tenders or quotations are only valid for 30 days from the date thereof, unless otherwise expressly stated therein.
Timoney reserves the right to require the customer to confirm telephoned or faxed orders. All conformations must be marked "CONFIRMATION ONLY" to avoid duplication. Customer orders must state:

  1. Full account reference number
  2. Part numbers
  3. Quantity required
  4. Desired method of delivery, if different from the Company’s normal delivery -methods.

A handling charge will apply in accordance with clause 11 to all goods returned because of duplication.

4. Delivery

Timoney will endeavour to achieve same day despatch of product orders accepted by Timoney (subject to stock availability), except non-stocked parts which the customer will be contacted directly to determine the despatch date. Timoney will normally only deliver to the Customer’s usual business address as notified to Timoney by the Customer. Delivery shall be deemed to have taken place when the products have been delivered to, or delivery has been tendered to, the Customer (or the Customer’s agent or nominee).
Timoney shall use reasonable endeavours to effect delivery on or before any promised delivery dates or within any delivery periods agreed, but all such dates and periods are estimates only and Timoney will not be liable for any delay in delivery. Where the products are to be delivered by instalments over a period, the instalments will be reasonably apportioned at Timoney’s sole discretion over such period taking into account so far as is reasonably practicable delivery dates requested by the Customer. In any event Timoney may at its option elect to effect partial delivery of any products unless otherwise agreed with the Customer to the contrary.
If the Customer fails to take delivery of the products, then Timoney may at its sole option and without prejudice to any of its other rights or remedies effect delivery of the products by whatever means it thinks most appropriate, at the Customer's risk and expense.

A schedule of standard and special delivery methods, including the related delivery charges, is available on request. The delivery charges are exclusive of Sales Tax. A standard delivery charge is applied per order provided the method of despatch is determined by Timoney. Additional costs arising from the Customer’s special requirements are subject to additional charges which, on request, are available in advance.

5. Inspection, Transit Delays and Non-delivery

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of delivery, give notice to Timoney in detail of:

  1. Any defect in the product that is apparent on reasonable examination. In this case Timoney shall, at its discretion, replace the products or, if this is not possible, refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
  2. Any shortfall in products delivered. In this case Timoney shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
  3. Any delivery of products not in accordance with the order. In this case Timoney shall, at its discretion, replace the products or refund the purchase price.
  4. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Timoney shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.
The remedies set out above are the Customer’s exclusive remedies for non-delivery, late delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Where the Customer owes sums to Timoney, Timoney can refund by way of credit note. Timoney shall not be liable for any losses, consequential or otherwise, arising from non-delivery or late delivery.

6. Payment

All payments must be made without any set-off, deduction or counterclaim. Unless otherwise agreed in advance, payment should be made by credit card as an online transaction. All charges associated with any other payment method, for example paper order processing shall be at the expense of the Customer, i.e. the amount paid net of clearing charges will be credited to the Customer's Account.
Credit and purchase card transactions are processed on the date of despatch of the products.

7. Passing of Risk and Property

Risk of loss or damage to the products shall pass to the Customer on delivery. The property in the products shall not pass to the Customer until all sums due to or owing to Timoney by the Customer been paid and, until payment, the following provisions shall apply. If the Customer defaults in the punctual payment of any sum owing to Timoney, then Timoney shall be entitled to the immediate return of all products sold by Timoney to the Customer in which the property has not passed to the Customer. The Customer hereby irrevocably authorises Timoney and its employees and agents to recover the products and to enter any premises of the Customer for that purpose. Demand of or recovery of the products by Timoney shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Timoney’s right to sue for the whole of the price.

8. Product and Availability Information

Dimensions and other physical characteristics are subject to normal commercial tolerances. Products which will be available only until stocks are exhausted will be indicated in the Timoney Catalogue. However, Timoney reserves the right without prior notice to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability. Where possible, future design changes will be indicated in the Timoney Catalogue and such changes may take place during the life of the Timoney Catalogue. Timoney recommends that the Customer verifies dimensions and other data published in the Timoney Catalogue, together with future availability, before incorporating products into designs or for other critical purposes.
Where the Customer intends to supply the product to any other person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the products or their use which are supplied with the products are not lost or damaged in any way whilst the products are in its possession or under its control and that they are supplied with the products when the Customer releases them from its possession or control.
Unless otherwise confirmed, nothing in the Timoney Catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

9. Warranty

For products purchased from Timoney: Timoney warrants that if defects appear in products, under proper use, it will, at its option, replace or repair the product or, if this is not possible, refund the purchase price. This warranty is subject to a claim being made in writing to Timoney within 12 months after the original date of despatch, or such other period as may be indicated by Timoney for specific products from time to time.
For services purchased from Timoney (as referred to in clause 13): Timoney warrants that it will, at its option, either rectify defectively serviced products or, at its sole discretion, supply to the Customer free of charge a substitute product in place of the defectively serviced product, subject to the Customer submitting to Timoney a written claim specifying the defect and returning the product to Timoney within 30 days of the date of the invoice or such other periods as may be indicated by Timoney for specific products from time to time.
These warranties are also subject to the products or parts to which the claim relates being returned to Timoney within the applicable warranty period suitably packaged, carriage paid and, where relevant, in accordance with any particular instructions which Timoney may have notified to the Customer at the time of supply. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products or services and the nature of any claimed defect, together with such further information as Timoney may at the time of supply have stipulated.
Where the Customer returns products otherwise than in accordance with these warranty provisions, Timoney may refuse such products and return them to the Customer at the cost of the Customer.
Any products or parts which are replaced by Timoney shall become the property of Timoney.
This ‘Warranty’ paragraph sets out the Customer’s exclusive remedy in respect of defective products and services. Save as expressly provided in these conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law and Timoney will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Timoney by operation of law. The Customer acknowledges that it is responsible for ensuring that the products it orders are fit for the purposes for which it intends to use them.

10. Liability

Decisions for the selection and use of products remain the responsibility of the Customer, and exclusively involve the Customer's subjective knowledge and judgement. Therefore Timoney shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to Timoney’s negligence or that of its employees, agents or sub-contractors.
Timoney shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:

  1. any express or implied terms of the contract between Timoney and the Customer, or of any order accepted by Timoney;
  2. any duty of any kind imposed on Timoney by law arising out of or in relation to the contract or order; or
  3. any defect in the products or services.

If, notwithstanding clauses 9 and 10, any liability attaches to Timoney, Timoney’s liability to the Customer in respect of one or more of

  1. any express or implied terms of the contract between Timoney and the Customer, or of any order accepted by Timoney;
  2. any duty of any kind imposed on Timoney by law arising out of or in relation to the contract or order; or
  3. any defect in the products or services;

shall be limited in the aggregate to the purchase order value of the affected part or parts.

Nothing in this clause 10 shall exclude or limit the liability of Timoney for death or personal injury caused by the negligence of Timoney or its employees, agents or sub-contractors, or for fraud.

11. Returns and Handling Charge

The Customer may only return products to Timoney, and receive a credit or refund, on the following conditions:

  1. The Customer must contact Timoney and obtain the prior consent of Timoney for the return, using the returns enquiry form available upon request from Timoney. This should be completed and returned to Timoney. If Timoney consents to the request, this enquiry form will be returned to the Customer giving details of handling charges to be applied (see below). The Customer must sign this form (acknowledging acceptance of any conditions) and return it to Timoney with the relevant products at the address below using registered delivery.
  2. The Customer must return products to Timoney in an unused condition and in their original packaging within 30 days of the invoice date, stating the relevant invoice number. The cost of return shall be borne by the Customer.
  3. Where specific instructions appear in the catalogue against any product regarding its return to Timoney, the Customer must follow such instructions.
  4. All items added to the product by the Customer must be removed from the product prior to return to Timoney, otherwise Timoney shall be entitled to remove them and not be obliged to reconnect them.
  5. All products are returned at the Customer’s risk and Timoney accepts no responsibility for any loss or damage to them, or to any items received by Timoney with them.
  6. Delivery and other charges cannot be credited or refunded, and will be deducted after the appropriate handling charge is applied.
  7. All correspondence relating to products returned must be in writing either by fax to +353 46 9054424, e-mail to hping@timoneygroup.com, or by mail to Timoney Technology, IDA Technology Park, Johnstown, Navan. Co. Meath, IRELAND
  8. Products must be adequately packed and despatched freight prepaid, clearly labelled to: Transtrade, 1040 Trade Ave, DFW Airport, TX 75261, USA

Products accepted for return will be credited at invoice value, subject to the following handling charges. If product packaging is unopened a 10% minimum handling charge will apply with a minimum charge of $20.00. A higher rate may be levied where: the product is returned outside this period; where product packaging has been opened or damaged but the product remains in an unused condition; or where the quantity of product ordered required special provision.

12. Order Cancellations

The Customer may not cancel orders once accepted by Timoney. Any cancellation or part cancellation of an order by the Customer will only be accepted on written agreement with Timoney, the terms of which will indemnify Timoney against any expense incurred by Timoney. In the event of part cancellation Timoney may invoice the Customer for any difference in selling price per unit applicable to the quantity despatched up to the time of cancellation compared to the quantity ordered.

13. Termination

If the Customer breaches any provision of these conditions of sale or of any provision of the contract between Timoney and the Customer or shall be adjudicated bankrupt or have a receiving order made against it or, if a company, shall have a receiver or administrator appointed of all or any part of its assets or undertaking or if a petition shall be presented or a resolution passed to wind-up the Customer or if the Customer shall be in arrears with any sum due and payable by it to Timoney or in the opinion of Timoney is unable to pay its debts as they fall due for payment, then (without prejudice to any other rights or remedies available to Timoney):

  1. the price of and all other sums payable in respect of the products or services which are then outstanding shall become immediately due and payable; and
  2. Timoney may on notice, effective immediately, terminate all or any part of all or any contracts and/or suspend or cancel deliveries under them.

14. Copyright

The Customer acknowledges that Timoney and its licensors own the copyright in the Timoney Catalogue and all materials and works set out in them, and that their whole or partial reproduction without the prior written consent of Timoney is prohibited.

 

15. Force Majeure

Timoney will not be in breach of its contract with the Customer for any delay in performing, or failure to perform, its obligations under these conditions of sale if that delay or failure was due to any cause or circumstance beyond Timoney’s reasonable control or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices. In these circumstance, Timoney may at its sole option delay the performance of, or cancel the whole or any part of the contract without liability to the Customer. If Timoney cancels part of the contract the Customer shall pay for the products delivered on a pro rata basis.

16. Privacy and Customer Information

Timoney may keep and use personal details of the Customer and its employees for the purposes of providing services to the Customer. In addition Timoney may need to disclose the Customer’s and its employees’ details to organisations working on its behalf anywhere in the world (for example credit reference agencies, mailing houses and call centres).
Timoney may send to the Customer and its employees details of other products and services offered that may be of interest to the Customer. If the Customer or its employees do not wish to receive details of these other offers then they should advise Timoney either by fax on +353 46 9054424, e-mail to pcurtis@timoneygroup.com, or by post at Timoney Technology, IDA Technology Park, Johnstown, Navan, Co. Meath, IRELAND

17. Governing Law and Jurisdiction

The contract between Timoney and the Customer shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The Customer submits to the jurisdiction of the High Court of the Republic of Ireland, but Timoney may bring legal proceedings against the Customer in any court of competent jurisdiction.