In the conditions:

"Buyer" means the individual whose order for goods is accepted by the seller.

"Goods" mean the products which the seller is to supply in accordance with these conditions to the buyer.

"Seller" means SandBag.ie

"Conditions" mean the standard terms and conditions set out within this site & document and includes any special terms and conditions agreed in writing between the buyer and a Director of the seller (unless the context otherwise requires).

"Writing" includes telex, cable, facsimile and comparable means of communication.

"Contract" means the contract for the purchase and sale of the goods.

 

No variation of these conditions shall be binding unless agreed in writing with the buyer and a Director of the seller.

Any recommendation given by the seller or the seller's employees or agents to the buyer or its employees or agents as to storage or use of goods is acted upon entirely at the buyer's own risk.

Any typographical, clerical or other error/omission in any sales literature, quotation, acceptance of order, invoice or other documentation issued by the seller shall be subject to correction with any liability on the part of the seller.

 

No order submitted by the buyer shall be deemed accepted until confirmed in writing by the seller.

The buyer is responsible to the seller for ensuring the accuracy of any order placed, including any applicable specification.

The quality and description of the goods shall be those set out in the seller's written order confirmation to the buyer provided that all materials stipulated in the said manufacturer's specification shall be approximate only.

No order accepted by the seller may be cancelled by the buyer except with the written agreement of the seller and on the terms that the buyer shall indemnify the seller in full against all loss (including profit), costs (including the cost of labour/materials used), damages, charges and expenses incurred by the seller as a result on cancellation.

 

The price of the goods is as contained on the seller's web site.

The seller reserves the right, by giving notice to the buyer prior to despatch, to increase the price of goods to reflect any increases in cost to the seller which is due to factors beyond the control of the seller (labour costs and costs of manufacture).

The price is exclusive of any applicable current value added tax, which the buyer will be additionally liable to pay to the seller.

 

Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (other than due to damage suffered during transit) or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within one week from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery but not later than 3 months after delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer due to any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract due to any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control, which shall include (without limitation) any:

1. Acts of God, explosion, flood, tempest, fire or accident;
2. War or threat of war, sabotage, insurrection, civil disturbances or requisitions:
3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
4. Import or export regulations or embargoes;
5. Strikes, lock-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. Power failure or breakdown in machinery.