Terms & Conditions
All sales are made by McNamara Feeds subject to the following conditions:
That all terms and conditions of the contract are agreed to be contained or deemed to be contained in the invoice comprising the condition of sale.
1. Supply of Goods
1.1 The Supplier shall make all reasonable efforts to deliver on specified dates but any such dates are estimates.
1.2 All orders for goods are subject to acceptance by the Supplier, the Supplier reserves the right to refuse service.
1.3 Custom orders cannot be cancelled without the Supplier’s agreement.
1.4 The Supplier shall ensure that each delivery of goods is accompanied by a docket detailing the date of delivery, the type and quantity of the Goods and special storage instructions.
1.5 The Supplier shall deliver to a location agreed at time of ordering.
1.6 Delivery is complete upon discharge of goods at agreed delivery location regardless of whether the delivery docket has been signed by the client. A signature of a weighbridge operator or haulier will be sufficient evidence of delivery.
1.7 No dispute regarding weight of Goods shall be made against the Supplier after client accepts delivery of Goods. Weight of the Goods shall be deemed equal to the weight recorded by the suppliers certified weighbridge as stated on delivery docket.
2.1 The Supplier warrants that on delivery, and within forty-eight hours of delivery (“Warranty Period”), the Goods shall conform to their description and any applicable specification; and be of satisfactory quality (within the Sale of Goods Act, 1980 as amended)
2.2 If the Client gives notice in writing to the Supplier during the Warranty Period that some or all of the Goods are non-conforming with product specifications the Supplier shall at its option, replace the Goods or refund the price of the Goods.
2.3 The Supplier shall not be liable for the Goods failure to comply with the warranty set out above in the event that the defect arises because the Client failed to follow the Supplier’s oral or written instructions as to use and storage; such as Goods to be stored in a cool, dry place/appropriate conditions for animal feed.
3. Title and Risk
3.1 The risk in the Goods shall pass to the Client on completion of delivery.
3.2 Title to the Goods shall not pass to the Client until the Supplier receives payment in full for the Goods and any other Goods that the Supplier has supplied to the Client in which case title to the Goods shall pass at the time of payment of all relevant sums.
4. Client’s Responsibilities
4.1 Client shall co-operate with Supplier in all matters relating to the supply and delivery of Goods.
4.2 If Supplier’s duties under an order agreement are prevented or unreasonably delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, then, the Supplier shall be allowed an extension of time to perform its duties equal to the delay caused by the Client, and/or may invoice the Client for costs incurred for the Goods provided to date.
4.3 Client shall ensure that the terms of the order are complete and accurate.
5. Price and Payment
5.1 The price of Goods are determined by sales team prior to orders, if no price in quoted the price for an order shall be the price set out in the suppliers price list on the date of accepting the order.
5.2 All prices are set by the Supplier and any increase in costs may be added to the sale price and shall be paid by the Client.
5.3 The Client shall pay each invoice submitted by the Supplier within the specific terms agreed by the Supplier, maximum terms are 30 days
5.4 Credit terms are at the discretion of the Supplier. The Supplier is not under any obligation to issue a Client with a credit facility. The maximum term of credit is 30 days. The credit terms shall be indicated to the Client at the point of sale on each particular order. The Supplier can extend or reduce the term of credit at its sole discretion.
5.5 If the Client fails to make a payment due to the Supplier under the agreement by the due date then, the client shall pay compound interest at a rate of 2% per month.
5.6 The Supplier reserves the right to require immediate payment and stop supplies in the event the Client suspends payment of sums due, commits an act of bankruptcy, or shows evidence of insolvency.
5.7 All amounts due under the agreement shall be paid in full without any set-off, counterclaim, deduction or withholding.
6. Force Measure
6.1 Neither party shall be in breach of the agreement nor liable for delay in performing, or failure to perform, any of its duties under the agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.