TERMS & CONDITIONS

DEFINITIONS

“THE COMPANY” means Leinster Pellets Limited.

“PURCHASER” means the person, firm or company to whom the Order is addressed.

“GOODS” means the articles or things or any they described in the Order.

“ORDER” means the Order placed by the Purchases for the supply of the Goods.

“ACKNOWLEDGEMENT” The Purchaser hereby acknowledges that the supply of the Goods by the Seller is subject to the acceptance of these conditions by the Purchases who is deemed to accept the Goods on this basis.

“PAYMENTS” (a) Unless otherwise agreed in writing, payment is due in full on delivery of the Goods. (b) Where the Contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part shall be made as if the same constituted a separate contract.

“ALTERATIONS” Leinster Pellets Limited reserves the right to alter any specification given without notice.

“SALE BY SAMPLE” As wood is a natural product variations in colour, grain and composition are considered acceptable. The Company accepts no responsibility for variations which may occur. Goods within reason shall correspond with sample and description.

“QUOTATIONS” Only Orders that refer to a specific quotation shall be deemed acceptable.

“CANCELLATIONS” After the Goods have been ordered cancellations will not be entertained.

“REPOSSESSION” Should the Purchaser be in breach of any of the conditions herein contained or, if the Purchaser is a limited company, shall go into liquidation or have a Receiver appointed or, being an individual, shall be adjudicated bankrupt or shall enter into any composition or arrangement with his Creditors, then, in any such case the Seller shall be absolutely entitled to enter into any premises wherein the Goods supplied, to the Purchaser are stored for the purpose of repossessing such Goods without notice to the Purchaser or any person claiming title by or on behalf or in trust for the Purchaser and the Purchaser hereby agrees to indemnify the Seller in respect of any claim arising from the exercise by the Seller of the powers herein contained.

“APPLICABLE LAW” The proper law of this contract shall be deemed to be the law for the time being of the Republic of Ireland. The Parties hereby agree that this contract shall be deemed to have been entered into at the premises of the Seller.

RETENTION OF TITLE CLAUSE

In accordance with the provisions of Section12 of the Sale of Goods Act 1979. (As amended), the following provisions shall apply. The Goods are sold subject to RETENTION OF TITLE in favour of the Company until such times as all monies due to the Company(together with VAT and any interest which may have become due) with respect to the Goods are paid and received by the Company. Pending receipt by the Company of the full purchase price (together with VAT and interest due) the Goods are in the possession of the Customer as bailee in a fiduciary capacity for the Company and as such the following provisions shall apply

i)The Goods may be disposed of by the Purchaser provided always that in the event of such resale by the Purchaser, the Purchaser shall hold any monies received therefrom in trust for the Company.

ii)In the event that the Goods are mixed or fused with material belonging to the Purchaser or to third parties in such a manner as to form a new inseparable product, ownership in the new product shall be deemed to arise in the hands of the Company to the extent of the value of the contribution of the Goods supplied by it to the new product.

iii)Pending receipt of all monies due to the Company with respect to the Goods, the Goods shall be stored by the Purchaser in a manner so as to make them all easily identifiable from other goods stored by the Purchaser at his or its premises.
Pending receipt of all monies due to the Company with respect to the Goods, the Purchaser HEREBY AUTHORISES the Company to enter onto any of the

iv)premises owned or occupied by the Purchaser and at which the Goods are stored or kept for the purpose of removing the said Goods.

v)In the event of the resale of the Goods prior to receipt of all monies due to the Company with respect to same, the Purchaser shall notify all subsequent sub-purchasers of the Goods of the provisions of this Retention of Title clause.

vi)In the event of the Purchaser being (a) an entity other than a registered company, rendered bankrupt or commits an act which is likely to render an application for bankruptcy against them, or (b) a company has a receiver or examiner to it, or (c) is otherwise to cease trading, the Purchaser shall not be entitled to take a lien or charge or other encumbrance whatsoever over and against the goods and furthermore any right of selling shall be automatically terminated.

RISK

Notwithstanding the foregoing, Risk shall pass to the Purchaser and the Purchaser is responsible for all loss, damage or deterioration to the Goods:

1. if the Company delivers the goods by its own transport – at the time when the Goods arrive at the place of delivery. The Purchaser agrees that they shall make a representative available at the place of delivery to sign a form of acceptance of the consignment.

BUYER’S DISCLAIMER

The Purchaser will be responsible for providing safe and suitable bulk storage and for ensuring that it will take the full quantity ordered and will indemnify the Seller against damages, claims, expenses or costs which may arise as a result of the buyer not observing these conditions.

VERIFICATION

Where bulk delivery of fuel is by a pneumatic hose, the quantity shown by the on-board weight management system shall, for the purposes of the account, be accepted by you as the quantity delivered. You may check the weigh system on-board at any time of the delivery. Print outs of weights delivered may be available but in the event they are unavailable you will have had had visual confirmation of the weight delivered by checking the on-board weights management system.

RETURNS

Returns will only be accepted provided that:

(a) the Purchaser has complied with the provisions of the above Disclaimer clause ; and

(b) the Company has agreed in writing to accept the return of the Goods; and

(c) the Goods are returned at the Purchaser’s cost within 5 working days of the delivery date and time; and

(d) the Company will not be liable for Goods which have not been stored or sold in a proper manner;

The Company may (in its discretion) accept the return of Goods for credit or refund but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.

REFUNDS

Leinster Pellets Ltd. operates a customer care policy, if the customer is unhappy with the goods and feels they should be returned issuing an acceptable reason for return, they must inform Leinster Pellets Ltd. in writing by letter or email [email protected]. Goods may be returned to Leinster Pellets Ltd. at the Purchaser’s cost. Upon receipt of the goods (goods must be returned in the same condition and unused as delivered originally) a full refund or exchange may be due. Where pellets/ other products have been partially used it remains at Leinster Pellets Ltd. discretion whether to issue a refund. Receipt of partial goods will incur a 10% re-supply/ re-stocking charge, deducted from the original cost to the Purchaser. Partial refund may apply at the discretion of Leinster Pellets Ltd. Refunds will be made using the original payment method.

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