Term and Conditions

1. “The Company” means Recognition Express. The Customer is the person to whom this document is addressed by the Company. All reference in this document to the goods is a reference to the goods supplied by Company to the Customer pursuant to this document. These conditions constitute the only terms of the Contract between the Company and the Customer, and no variation of these conditions is binding on the Company, unless specifically confirmed in writing by the Company.

2. Proofs of all work may be submitted for customer’s approval, and no responsibility will be accepted for any errors in proof passed by the customer.

3. Any claim based upon a defect in the quality of the goods or a failure of the goods to meet their specification must be made in writing by you within 5 working days of the date of delivery of the goods.

4. If any valid claim is made by you in accordance with condition 3, we shall be entitled to, at our sole discretion to replace the defective goods or part thereof.

5. Prices quoted by the Company may be changed at any time without prior notice. Any increase in the cost of supplying the goods or carrying out the Contract over the quoted price shall be borne by the Customer.

6. Terms of payment are strictly nett. Payment of the price is due within thirty days of the date of the Company’s invoice. Interest will be charged on overdue accounts at the rate of 2% per month until payment. Any costs incurred by the Company in collecting overdue accounts will be borne by the Customer.

7. The risk of and liability for any diminution in value or damage to the goods from whatever cause shall pass to and be borne by the Customer on delivery.

8. Delivery times specified are approximations only and not contractual obligations of the Company and the Company shall not be liable for loss claimed to have arisen from delay in delivery.

Delivery is deemed effected:
a) If the Customer is to collect the goods himself, then as soon as they are ready for dispatch and the Customer has been so notified by the Company.
b) In any other case, as soon as the goods are dispatched from the Company’s premises. The costs of delivery on behalf of the Customer will be in addition to the quoted price.

9. The costs of delivery on behalf of the Customer will be addition to the quoted price.

10. (a) The property in the goods shall not pass to the Customer, and the Customer shall keep the goods as Bailee and Trustee for the Company (returning the same to the Company on request), until the price of the goods shall have been wholly paid and until any other sums whatsoever which are due from the Customer to the Company whether under this Contract or howsoever otherwise shall have been paid in full without any reduction or deferment on account of any dispute or cross claim whatsoever.

b) If the Customer:
i) Manufactures any other article or articles from the goods with or without the addition of other materials and/or
ii) Mixes the goods in any way whatsoever with other materials and/or iii)Incorporates the goods into any other article as a component part the property and the products of such manufacture mixing or incorporation (hereinafter referred to as “the products”) shall be transferred to the Company at the time of such manufacture mixing or incorporation. The Customer shall keep the products as Bailee and Trustee for the Company until the Customer has paid to the company any sums due to the Company.
whether under this Contract or howsoever otherwise in full and without any reduction or deferment on account of any dispute
or cross claim whatsoever.

c) Notwithstanding subparagraph (a) and (b) hereof the Customer shall be entitled to sell the goods or the products to third parties in the normal course of his business and to deliver them to such third parties but the proceeds of any such sale shall whenever any sum whatsoever is due from the Customer to the Company whether under this Contract or howsoever otherwise be held in trust for the Company and on such sale and/or delivery, in any case where the price of the goods sold
has not been paid in full to the Company, the Customer is hereby deemed to assign to the Company absolutely (and the Company hereby accepts such assignment) the benefit of any claim which the Customer has against any such third party
arising from any such sale and/or delivery.

d) In the event of the Customer becoming insolvent and a Receiver or Liquidator being appointed such Receiver or Liquidator shall pay into a separate Bank Account any sums received from third parties in respect of sales to them of goods or products by the Customer up to the amount of any indebtedness of the Customer to the Company for the sole benefit of the Company.

11. If the Customer refuses to accept any delivery tendered in accordance with these conditions or fails to make any payment provided in any Contract with the Company, the total price for goods to be delivered under such Contract shall become Immediately due and payable and the Company will in addition have the right to suspend performance of any contractual obligation to the Customer until payment has been received by the Company in full and including interest if any.

12. Where goods have undergone special surface treatment at the request of the Customer, the Company accepts no liability for the effects of treatment on the goods.

13. Without prejudice to the Company’s legal rights in the event of any breach of Contract by the customer, the Company reserves the right to suspend deliveries or at their option to cancel unfulfilled parts of the Contract in whole or in part in the event of the Customer failing to fulfill any term of the Contract.

14. The Company may wholly or partly suspend deliveries in the event of stoppage delay or interruption of works due to Force Majeure, Government Control, Storm, Fire, Tempest, or any circumstances outside the Company’s control.

15. The Company accepts no liability for any loss, damage or injury arising out of or in connection with goods supplied. The Customer will indemnify the Company in respect of any claim by any third party for any loss, damage or injury so caused. The Company may charge extra for small orders or special orders.

16. The Company may charge extra for small orders or special orders.

17. Except where otherwise expressly agreed between the Company and the Customer, packing and containers are non returnable. Where it is expressly agreed that packing and containers are returnable, such packing and containers will be paid for or credited in full if returned to the Company carriage paid in proper condition.

18. All drawings, plans, patterns, specifications and photographs submitted to the Customer remain the property of the Company and must not be copied, disclosed to any third party, or otherwise used without written permission from the Company.

19. The Law applicable to this Contract shall be the Law of the Republic of Ireland.