CapCon Terms & Conditions
RollCage.ie website is operated by Capcon Limited and this policy sets out the trading terms and conditions. Capcon’s primary business address Unit B05 Nutgrove Enterprise Park, Nutgrove Way, Dublin 16. As user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions.
1. “Order” means the purchase order form together with all documents to which it refers and which are attached to it.
2. “Goods” means all items specified in the Order.
3. “Site” means the address designated as the delivery address in the Order.
4. “Services” means the services described in the Order or any services required to fulfil the Seller’s obligations under the Order.
5. “Buyer” means the company placing the Order.
6. “Seller” means Capcon Limited – Unit B05, Nutgrove Enterprise Park, Dublin 16.
2. ACCEPTANCE CONDITIONS
1. The display of items for sale on the website is only an invitation to treat.
2. By completing and submitting the electronic order form (or proceeding through the ‘checkout process’) the buyer is making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.
3. Acceptance of payment by our payment gateway does not mean the seller accepts the contract. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Capcon Limited. If the contract is refused the payment will be refunded.
4. The Seller’s acceptance of the Order involves the acceptance of these Terms and Conditions by the Buyer. These shall not be deemed to have been varied unless the both parties sign a written confirmation of their variation.
1. Unless otherwise stated in the Order and subject to clause 4.1, all prices shall be fixed. The price, unless stated in the Order, does include the Seller’s costs of transporting the Goods to the Site.
2. All prices exclude Value Added Tax.
1. The price you pay is the price displayed on this website at the time we receive your order apart from the following exception: While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
2. If invoiced on receipt of the Goods the Buyer shall, unless previously agreed, pay the invoiced amount together with VAT within 30 days from the end of the month during which the invoice is received.
5. DELIVERY AND INSPECTION
1. The Buyer shall inspect all Goods supplied immediately on delivery. If any Goods are found to be faulty the Buyer shall return within 7 days any Goods that are faulty in design, quality or construction or which do not comply with the specification referred to in the Order, and the Seller shall, at the Seller’s option, either refund the Buyer the price paid for the Goods or replace the Goods.
6. QUALITY AND WARRANTIES
1. The Seller warrants that the Goods are fit for the purposes for which they are designed and that they are free from manufacturing and design faults. The Seller shall indemnify the Buyer against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by the Buyer as a direct result of any breach of this warranty. The Seller makes no other warranty in connection with the fitness for any purpose of the Goods and any such warranties are expressly excluded to the fullest extent permitted by law.
2. The Seller’s liability for breach of the warranties set out in this clause 7 is limited to repair or replacement of any defective Goods at the Seller’s option.
7. LIABILITY AND INDEMNITIES
1. The Seller does not limit its liability for death or personal injury arising from the negligence of the Seller, its employees, agents or subcontractors.
2. The Seller’s liability for damage to property as a result of breach by the Seller of any of the terms of this agreement is limited to the lesser of the price paid by the Buyer for the Goods or €10,000.
3. The Seller shall not be liable for any loss of profits, consequential or indirect loss arising to any person as a result of breach by the Seller, its employees, agents or subcontractors of any of the terms of this agreement.
4. If the supply of Goods involves the Seller carrying out any work on the Buyer’s premises, the Seller shall take reasonable precautions to prevent injury to persons or damage to property.
5. The Seller indemnifies the Buyer against losses, claims, costs, expenses, or damages which the Buyer may sustain or for which the Buyer may be liable as a result of the infringement by any Goods of any third party intellectual property right. If a claim of infringement of any intellectual property right arises the Seller shall at its expense either procure for the Buyer the right to continue to use and dispose of the Goods supplied or replace or modify the Goods.
8. USE OF INFORMATION
1. All information supplied by either party to the other party shall be treated as confidential and shall not be used for any purpose other than completing Order. Any written material or drawings supplied by either shall remain their copyright material and shall not be copied or used for any purpose other than completing the Order.
1. Either party may cancel the whole or part of the Order at any time by written notice if the other party fails to comply with any of its terms and conditions or if the other party:
1. Appoints or suffers the appointment of any type of receiver, liquidator or trustee in bankruptcy of any or all of its assets;
2. Has a voluntary or involuntary petition in bankruptcy filed by or against it;
3. Ceases to trade;
4. Is acquired by or merged with any third party; or
5. Purports to assign any of its obligations under this Order without the prior written consent of the other party.
10. ASSIGNMENT AND SUB-CONTRACTING
1. Neither party may assign or subcontract the Order or any of its rights or obligations under this agreement without the prior written consent of the other party, which shall not be unreasonably withheld.
11. TITLE AND RISK
1. Risk in the Goods shall pass to the Buyer upon delivery to the Site.
2. Title to the Goods shall pass to the Buyer on payment by the Buyer.
1. Any failure of either party to carry out any of these conditions or to exercise any right under them shall not be construed as waiver or relinquishment of that party’s right to invoke that provision in the future.
13. ORDER AMENDMENTS
1. No amendments to the Order shall be binding on the Seller until the Seller receives written confirmation of the amendments from an authorised representative of the Buyer. The Seller will be entitled in its sole discretion to refuse to accept any amendments to the Order.
2. The Seller may claim reasonable additional costs or extensions to delivery schedules which arise as a result of any amendment to the Order.
1. The Seller may refuse to send any instalment of Goods if the Buyer has not paid any sum due and payable in respect of any earlier instalment, whether that non-payment relates to the Order placed under this agreement or to any other Order.