Bewley’s Limited Terms and Conditions
These conditions shall form part of all agreements for the supply of goods and services by Bewley’s Limited (herein called ‘the Company’) to any other person (herein called the ‘Customer’) and shall prevail over any inconsistent terms or conditions contained in or referred to in the customer order or in correspondence or elsewhere and all or any conditions or stipulations contrary to these are hereby excluded and extinguished. No employee has authority to vary or add to or depart from these terms or make any representation about the goods and/or services or the agreement made herein.
The obligations of both the Company and the Customer are defined herein.
Section 1: Supply of Goods and Services
1. Reservation of Title
1.1 Title to the property supplied by the Company to the Customer shall not pass until the Company has received payment in full of the purchase price howsoever arising, for which payment is due from the Customer to the Company.
1.2 The Company reserves the right to re-possess any goods supplied to the Customer in respect of which payment is overdue and/or terms of supply have not been complied with.
1.3 Risk of damage to or loss of the deliverables shall pass to the customer upon delivery to the Customer in accordance with this agreement and the signature of any employee of the Customer on the delivery docket shall be conclusive evidence of such delivery.
2. Order Fulfilment
2.1 The Company will not be liable for claims for damage or short delivery unless the Customer sends notice of any alleged damage or short delivery to the Company (through the Customer Care team) within two days of delivery of the goods.
2.2 The Customer will be liable for non-delivered goods unless notice of the alleged non-delivery is sent to the Company at its appropriate point of distribution within two days of the receipt of the relevant invoice.
2.3 No goods are to be returned unannounced. In the event of goods returning unannounced and without the appropriate documentation, the goods will be refused. If the Customer wishes to return goods, a Returns Request must be communicated to the Customer Care team within 2 days of delivery of the goods and approved by the Customer Care Manager.
Valid reasons for return of goods are as follows: –
- Fulfilment Error
- Defective Product
Non-valid reasons for return of goods include: –
- Out of date stock or short dated stock (where such stock has been in Customer storage)
- Product damaged by Customer
- Over stocking by Customer
On receipt of an approved Returns Request, a returns order number will be issued to the Customer.
Goods returned will be checked by the Company and a Credit Note if required will be raised by the Customer Accounts team.
3. Delivery Times
3.1 All delivery dates mentioned by the Company are approximate only and not of contractual effect. Time of delivery is not the essence of the agreement nor shall the Company be under any liability in respect of any delay in delivery for whatever reason.
3.2 Orders are delivered on normal delivery schedules. The Company will endeavour to meet requests for specific delivery times outside of these schedules but it may be liable to an additional charge. The Customer will be advised of this at the time of order.
4. Force Majeure
4.1 Any delay in or failure of performance by the Company of any of its obligations shall not constitute default by the Company or give rise to any claim for damage if and to the extent such delay or failure of performance is caused or contributed to by any event, which, by the exercise of reasonable diligence, the Company is unable to provide against.
5. Operation of Law
5.1 All contracts between the Company and the Customer shall be construed and take effect in accordance with the laws of the Republic of Ireland.
Section 2: Equipment Service
Bewley’s Standard Service Agreement is available on request.
6.1 The Company will not be liable under the terms and conditions of this agreement for any work in relation to or required as a result of the following:
a. Issues of cleaning which remain the sole responsibility of the Customer.
b. Poor water quality including high lime-scale content.
c. Defective or unstable power supply to the equipment or fall in water pressure below 1.8 Bar.
d. Failure to follow the Company’s or the relevant manufacturers’ instructions in relation to the use of the equipment, whether oral or written.
e. Any repair or movement of the equipment without the Company’s consent or by any party other than the Company or a party engaged by the Company for that purpose.
f. Any misuse, malicious or wilful damage, accidental damage, neglect, burglary, fire or theft or the loss of parts by the Customer or the Customer’s clients.
g. A request by the Customer for a complete refurbishment of the equipment off-site. An estimate can be given by the Company in relation to requests which are outside the parameters of this agreement. In this instance, the Company will charge for any work at normal service rates, the breakdown of this charge to include labour and parts cost. Any invoice(s) will be issued separately from any service agreement charges.