CORE Builders Providers Limited - Terms and Conditions

These terms and conditions shall govern all contracts for the supply of sale goods ("the Goods") by CORE Builders Providers Limited ("CORE") to any other person or entity ("the Customer") and shall prevail over any contrary or inconsistent terms or conditions contained in or referred to in the Customer’s order or in correspondence or elsewhere. All or any conditions or stipulations contrary or inconsistent to these terms and conditions are hereby excluded and of no force or effect.

1. Orders and Acceptance

1. No order placed in response to a quotation will be binding unless accepted by CORE in writing. All such acceptances by CORE are strictly subject to the availability of the goods ordered.
2. The prices of the goods shall be those ruling at the date of sale. Any Value Added Tax payable will be borne by the Customer.
3. In circumstances where the Customer is a Consumer, before the Customer will be bound to pay any additional payments over and above the price of the goods and delivery charges, the Customer must give express consent agreeing to such additional payments.

2. Delivery of Goods

1. If CORE has agreed with the Customer to deliver any of the goods, the times indicated for delivery are approximate only and shall not form part of the contract. CORE shall not be liable for failure to supply or deliver goods on time.
2. Where the Customer is a Consumer, and CORE has agreed to dispatch goods, specific time agreements apply for delivery. Failure by CORE to meet these conditions may result in the Customer being entitled to repudiate the contract.

3. Payment Terms

1. Payment of any sums due to CORE for goods shall be made either on cash sales at the point of sale or within 30 days from the date on which the goods are invoiced, unless otherwise specified.
2. Non-payment by the Customer of any sums due to CORE entitles CORE to discontinue any further supplies and to withhold supply of the goods until all monies due by the Customer are paid.
3. CORE reserves the right to charge interest on overdue payments pursuant to the EU Late Payments in Commercial Transactions Regulations 2012.

4. Ownership and Risk

1. Ownership of and title to goods supplied by CORE shall remain with CORE until the goods have been paid for in full.
2. CORE shall be entitled to repossess any goods in respect of which payment is overdue. The Customer hereby grants CORE and its agents permission to enter any premises where such goods are situated for the purpose of repossessing them.
3. Goods are at the Customer's risk from the time of collection by the Customer or delivery to the Customer. Where the Customer is a Consumer, the goods remain at CORE’s risk until the Customer acquires physical possession of the goods.

5. Liability and Warranties

1. No warranty or representation is given regarding the fitness of goods for any particular purpose. It is the Customer’s responsibility to select goods suitable for its purpose.
2. CORE’s liability for any claim, whether in contract, tort, or otherwise, shall not exceed the price paid by the Customer for such goods.
3. CORE shall not be liable for any loss of profits, special damages, or any consequential loss suffered by the Customer.

6. Delivery Terms

1. Deliveries shall be made to a place agreed in advance. The Customer undertakes to ensure that the delivery point is ready for receipt of the goods.
2. CORE reserves the right to charge for deliveries. The costs of delivery for Consumers will be agreed before any binding contract is established.

7. Force Majeure

CORE shall not be liable for any failure or delay in performance resulting from causes beyond its control, including but not limited to acts of God, government actions, legal restrictions, strikes, trade disputes, fire, explosion, and other force majeure events.

8. Termination of Contract

1. CORE shall be entitled to cancel any uncompleted orders and withhold or suspend supply of further goods if the Customer fails to comply with the terms and conditions or breaches any payment or credit terms agreed between it and CORE.
2. This Contract shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The parties agree that the Courts of Ireland shall have exclusive jurisdiction over any disputes arising from the contract.

9. Returns and Restocking

1. Goods shall not be returned after supply without CORE’s prior agreement in writing. A re-stocking charge of 15% of the price of the goods shall apply.

10. Personal Data and GDPR

When the Customer, being an individual, supplies personal data to CORE, CORE may process such data in compliance with the General Data Protection Regulation. This includes sharing data with relevant third parties to provide the Customer with information about products, assist with contractual obligations, and conduct risk assessments and credit checks.

11. Default and Insolvency

1. If the Customer fails to comply with any terms of the contract or commits an act of insolvency, CORE reserves the right to cancel any uncompleted orders, withhold or suspend the supply of goods, and demand immediate payment of all sums due.
2. In the event of bankruptcy, insolvency, or liquidation, CORE may repossess any goods for which full payment has not been received.
3. The Customer grants CORE permission to enter any premises where the goods are held to repossess them.

12. Risk and Title

1. Ownership of goods shall not pass to the Customer until full payment has been received by CORE.
2. Risk in the goods shall pass to the Customer at the time of delivery or collection, whichever occurs first.
3. If the Customer resells the goods before payment is made, the Customer shall hold any proceeds of the sale on trust for CORE.

13. Complaints and Disputes

1. Any complaint regarding the goods must be made in writing to CORE within 5 days of receipt of the goods by the Customer. CORE shall have the right to inspect the goods and, if agreed that the goods are defective, CORE may issue a credit note or replace the goods.
2. CORE’s liability for any defect or damage is limited to the price of the goods. CORE shall not be liable for any consequential loss or damage.

14. Law and Jurisdiction

This Contract shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The parties irrevocably agree that the Courts of Ireland shall have exclusive jurisdiction to hear and determine any legal proceedings arising out of or in connection with these terms and conditions.

15. Miscellaneous

1. If any of the terms and conditions are deemed unenforceable, the remainder shall continue in full force and effect.
2. CORE reserves the right to assign or subcontract any part of its obligations under the contract to any third party without notice to the Customer.
3. Any notice required under this contract shall be in writing and delivered by hand, email, or post to the relevant party's address as specified in the contract.

16. Notices

1. Any notice or communication given to a party under or in connection with the contract shall be in writing and shall be delivered by hand, or by pre-paid first-class post or other next working day delivery service at its registered office or its principal place of business (in any other case) or sent by email to the address notified by the party in writing.
2. Any notice or communication shall be deemed to have been received:
   • (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
   • (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting;
   • (c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
3. This clause does not apply to the service of any proceedings or other documents in any legal action.

17. Third Party Rights

1. A person who is not a party to the contract shall not have any rights to enforce its terms.

18. Waiver

1. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict its further exercise.
2. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

19. Governing Law and Jurisdiction

1. The contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of the Republic of Ireland.
2. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.

20. Severability

1. If any provision or part-provision of this contract is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the contract.
2. If any provision or part-provision of this contract is deemed deleted under clause 20.1, the parties shall negotiate in good faith to agree on a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

21. Entire Agreement

This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

22. Data Protection

1. The parties acknowledge that for the purposes of the General Data Protection Regulation (GDPR), the Supplier is the data controller, and the Customer is the data processor.
2. The Customer agrees to comply with its obligations under GDPR and any other applicable data protection laws in relation to the processing of any personal data it obtains through or in connection with this contract.