Terms & Conditions

Last Update July 2022

1. Definition

• Seller refers to the party to whom the order for purchase has been given (SafeCareIreland t/a Store Vision Ltd, SVL). Store Vison Ltd with company registration 444795
• Client/Buyer refers to the person or organization placing the order.
• Goods or services refers to the product for which the seller has placed an order with for the client.

2. Application

• The terms and conditions are valid for any goods or services provided by the Seller to the Client.

3. Pricing & Ordering

• The pricing, quantity of goods and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.
• Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
• The Seller reserves the right to not accept an order submitted by the buyer.
• The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
• The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
• The Seller reserves the right to refuse the order, to delay the execution of the order, to request payment in part or in full prior to the execution of the order, or to cancel any Contract entered into with the Buyer prior to commencement of deliveries to the Buyer if the Sellers normal enquiries indicate that the Buyers credit may not be sufficient to meet the needs of a Contract.
• The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
• All quotations are valid for a 30 day period, unless noted in writing. On expiration of the 30 day period, the Seller shall be entitled to vary prices in line with currency fluctuations where necessary.
• Costs provided exclude any provision for waste unless otherwise stated.
• The Seller may impose additional fees for requote and recopy invoices

4. Payment

• All new orders are accepted on a proforma invoice basis.
• ​All (account holder) invoices of the Seller shall be paid by the Client within thirty (30) days end of month unless otherwise agreed in writing by the Seller. In the event of late payment, the Seller may charge interest on the amount outstanding before and after judgment. Alternatively, for invoices unpaid 30 days after the due date, the Seller may impose the late payment interest rate / administration fee on the outstanding amount.8%.
• If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods.
• Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
• All fees are exclusive of value added taxes which will be added to invoices where appropriate.
• Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
• Unless otherwise agreed in writing, for supply and install orders, payment terms shall be 50% on confirmation of the order to secure the order, 50% on delivery to site or go live of the system.
• Returns and refunds are entirely at the discretion of management. A min 20% restock & rehandling fee applies to material that is delivered back to SVL by the Buyer, in their original, unused state, along with the pre-agreed SVL return form.€50.00 administration fee applies to all returned material.

5. Retention of Title

• All goods/products remain the property of Store Vision Ltd, until payment in full has been received, and all debts have been cleared by the Buyer.
• The company shall have the right, without prejudice, to retake possession of the goods and for that purpose to go on any premises occupied by the customer and/or their clients.

6. Delivery

• Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted.
• The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
• Please allow up to 4 weeks for delivery from receipt of order for material procurement which will be subject to confirmation. Please note Timber or Stainless Steel products may have a longer lead time (8 weeks).
• If the Buyers do not receive any invoiced goods within 14 days of the invoice, they shall immediately notify, the Sellers of such non-receipt.  Should the Buyers fail so to notify the Sellers, the Sellers shall not be liable for non-delivery of the goods and the Buyers shall be liable to the Sellers for any loss or damage they may suffer in consequence of their resultant omission to notify their carriers or insurers of the non-arrival of the goods.
• Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
• If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
  - Store the Goods until actual delivery, and charge the Buyer for the reasonable costs (including insurance) of storage; or…
  - Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
   

7. Installation of Goods

• The following conditions shall apply in addition to the preceding conditions where the order provides for installation of the Goods ("the Works").
• It shall be the sole responsibility of the Buyer to ensure that walls, floors and foundations upon which installation of the Goods is to be carried out are suitably surfaced and are fully prepared for the installation of the Works.  In the event that the Buyer fails to comply with his obligations under this clause, on discovery of such an event, the Seller may at its discretion refuse to commence or continue with the works until such time as the failure has been rectified.
• The Seller will not undertake or be responsible for any builder's work or other work which involves alteration to the structure of any building on the Site.
• The Client/Buyer will at his own expense provide the following services and attendances to The Seller to facilitate the Works:
  - Secure waterproof storage accommodation for the Goods and for The Seller's construction plant and equipment to that part of the Site where the Works will take place.
  - Prior to commencing of the Works, clearance of the Site of all obstruction and operations to ensure that the Works can be carried out in an efficient manner
  - Lighting of sufficient intensity to enable the Works to be carried out safely and power to enable the Works to be carried out safely and power supplies suitable for operation of construction plant and hand power tools.
  - In addition to off-loading Goods, conveyance of the Goods to that part of the Site where works will take place.
  - The buyer will notify us of any hidden services within walls and floors along with the precise location, to prevent damage during installation.
  - We accept no responsibility for damage to services unless such notification is given. Every care is taken for installation, however, no responsibility can be taken for damage caused while drilling holes.The Buyer will ensure a safe working environment at all times in compliance with all approved safety standards and all applicable Health and Safety legislation
• The Buyer will ensure that prior to the commencement of the Works and until such time as the Works are handed over to the Buyer the Goods are protected from loss or damage and from dust and dirt arising from the activities of the Buyer or any third party on the site.
• If for any reason not attributable to The Seller the carrying out of the Works is suspended, delayed or hindered The Seller has every right to claim interim payment or payments on account and render interim invoice or invoices to the Buyer for payment accordingly, irrespective of any schedule of payments previously agreed between the Buyer and The Seller.
• Any surplus Goods delivered to the Site shall remain the property of The Seller. The Buyer shall take all reasonable precautions for the safe custody and protection of such surplus Goods until the time of their removal by The Seller.
• The Buyer at his own expense shall be responsible (other than for statutory obligations placed solely on The Seller) for obtaining all consent, permissions, easements and licenses for the carrying out of the Works in accordance with the terms hereof and for conforming with all statues and orders, regulations and by-laws made there under applicable at any time to the Works and shall indemnify and keep indemnified The Seller against all actions, proceedings, costs, charges, claims or demands arising out of or in connection with any breach of this clause. The Seller shall (so far as is reasonably able) provide such information with respect to the Works as the Buyer may request in respect of any applications for such consent, permissions, easements or licenses as aforesaid.
• Where installation work is involved the Seller shall endeavor to complete such work within the time scales agreed with the Buyer, or in the absence of such agreement as soon as reasonably possible. The Seller shall not be liable for any costs, losses, expenses or damages caused by any delay in dispatch of the goods or in completion of the installation work connected therewith which are beyond the Sellers control. In the event of any such delay The Seller shall be entitled to such additional time as may be necessary to complete the Contract and where appropriate to allocate its products and services among its Buyers in such manner as it considers fair and reasonable. Under no circumstances shall the Buyer be entitled to cancel the Order in the event of any such delay unless with the specific consent of The Seller on mutually acceptable terms.
• If the Buyer requests a suspension of any installation work or if The Seller is delayed by the acts or omissions of the Buyer, the Buyer's servants or agents or any third party not under The Seller's direct control then The Seller shall be entitled to invoice the Buyer with any costs or expenses reasonably incurred by The Seller arising from the suspension or delay and such costs or expenses shall be paid by the Buyer, The Seller shall also be entitled to such additional time as may be necessary to complete the contract.
• Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
• Cancellations or alterations cannot be accepted once the goods are being manufactured to meet the Buyer’s order, or once Goods have been cut to agreed specifications.

8. Loss or Damage to Goods

• The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
• Any goods damaged in transit should be advised to the Company within 48hrs of receipt, and retained for inspection and return.

9. Usage of Goods or Services

• Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided (i.e. samples) only for the purpose of conducting market research. The Client shall not otherwise be entitled to store, pass on (whether to his/her client or other person) or use these services and materials.
• The Client shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.

10. Confidentiality

• Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause. The Seller may, with the approval from the Buyer, capture photographic images from installations, for use on the Sellers promotional platforms, and as a record of ‘works’ complete.

11. Employment of Personnel

• Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.

12. Warranty

• The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
• The Company warrants that the Goods will be supplied, and or installed using reasonable care and skill.

13. Limitation of Liability

• The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
• Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
• The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
• Until such time as the property in the Goods passes to the Buyer, the Buyers shall take all necessary measures for the protection and storage of the goods, including insurance thereof with an insurance company approved by the Sellers in the Value defined above and the goods shall (where possible) be clearly marked as being the property of the Sellers.

14. Force Majeure

• The Sellers shall have no liability to the Buyers in the event of non-delivery or delay in delivery of the whole or any portion of the goods caused directly or indirectly by act of God, elements, war, act of Government, strikes or lockouts, fire, flood, breakdown of machinery, non-delivery or delay in delivery by the Sellers’ suppliers of the goods required, failure of the Sellers’ contractors to execute or their delay in executing any work on the goods or any other cause (whether or not ejusdem generis to the foregoing) beyond the Sellers’ control.
• In the event of any delay in delivery due to any of the aforesaid causes, the time for delivery shall be extended to the extent of the delay so cause, though if such time exceeds 6 months, the Sellers may cancel the undelivered portion of the contract by notice in writing.  
• In the case of goods by the Buyers to be delivered when required by the Buyers’ such goods must be delivered within 3 months after the date of the Sellers’ Confirmation of Order, failing which the Sellers may cancel the undelivered portion of the Contract by notice in writing.

15. *2020-2021: Brexit and COVID-19

• We, the Seller, reserve the right to adjust prices following the outcome of the Brexit Trade Deal negotiations.
• For additional increases which we the Seller cannot absorb, we anticipate passing on the costs to the customer for affected material movement after 1st January 2021*
• We, the Seller, acknowledge that there may be extended delays in procuring materials, which are beyond our control caused by the current global pandemic known as Covid-19, and will notify the Buyer where possible, of known issues and delays, without prejudice.