Terms and Conditions

(example Ireland)

Thornbrook Limited, trading as Husse Ireland.

Terms and Conditions of Sale.

These Terms and Conditions do not affect your statutory rights.

You should read these Terms of sale carefully before commencing trading with Thornbrook Limited. Please retain a copy for future reference.

1. Definitions

"Buyer" means the organisation or individual who contracts to buy goods from Thornbrook.

"Consumer" means the person who eventually uses the goods for the purpose intended

"Seller" means "Thornbrook Limited", which may be denoted as; - "Thornbrook"; "Husse Ireland"; may also be "we" or "us".

"Terms of Sale" means the conditions set out in this document. We may change the Terms and Conditions of Sale for any future order without notice.

Only those Terms existent at the time of placing an order shall be applicable to any Contract.

"Contract" relates to the goods described in the order, but only to that part of those goods for which we issue a Confirmation.

2. Contracts

2.1 No contract exists between a customer (Buyer or Consumer) and us for specific goods, unless we have received an order, accepted it and sent a confirmation by fax, letter or email. It is Buyer’s responsibility to ensure that they order the correct goods for the purpose intended. It is Buyer’s responsibility to check the Confirmation, as this will form the basis for the delivery and the Contract. Buyer must inform us within 24 hours of the receipt of the Confirmation of any error or variation.

3. Orders

3.1 The placing of an order shall be deemed to be the acceptance of these Terms and Conditions

3.2 An acknowledgement of an order is not a confirmation of the order. An order is only accepted on the issuing of a Confirmation of the order. This is then the Contract.

3.3 The price of the goods shall be deemed to be that in force at the time of the Contract. Prices of goods not delivered within 30 days of the Confirmation may be adjusted by the Seller. In such case Buyer shall have the right to cancel the order for such goods or to re-confirm the order in writing. Prices of goods delivered within 30 days will not be affected.

3.4 The prices of all goods on an order shall be that listed on Seller’s website or on the relevant, concurrent price list advised to the buyer. Where Buyer purchases goods for resale, the discount price for the order shall be that listed in the current trade price list applicable to that Buyer’s business.

3.5 VAT is levied on all goods sold within the Republic of Ireland. Goods supplied by us outside this jurisdiction will not have VAT added where a legitimate VAT Number is advised to us, but Buyer must pay taxes, levies and duties as applicable in the other jurisdiction.

4. Delivery

4.1 Delivery charges are applicable to all deliveries, except where waived by Seller in the confirmation. Contracted Franchisees have special delivery conditions as detailed in their Franchise Contract. The conditions relating to delivery detailed in that Contract shall supersede these Terms and Conditions.

4.2 Buyer or Consumer shall pay delivery charges for goods returned to Husse, irrespective of reason for return. Special conditions shall apply to Franchisees as detailed in Franchisee Contract, which shall supersede these Conditions.

4.3 Where a specific delivery date has been agreed by Seller and not met, Buyer shall have right of cancellation of the Contract and have a full refund of payments where applicable.

4.4 While delivery is not of the essence and Seller shall make every reasonable effort to meet same, Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer or Consumer arising directly or indirectly from late delivery.

4.5 Where there is no-one available to accept a delivery, Seller will attempt to contact Buyer or Consumer to make a prompt arrangement. Where this is not possible, Buyer or Consumer shall become liable for additional costs arising from a corrective or delayed delivery.

4.6 Unless otherwise specified in the order, delivery shall be to the last address notified to Thornbrook by the order or by any preceding communication.

5. Risk and Title

5.1 Risk in the goods shall pass to Buyer on delivery.

5.2 Title in the goods shall pass to Buyer on receipt by Seller of payment of the price in the Contract.

6. Warranty

6.1 All goods supplied by us are warranted free from defects. This warranty does not affect your consumer rights.

This warranty does not apply to defects arising from goods wrongly handled or stored by the buyer or Consumer. The instructions on the packaging for food items indicate the correct procedures for handling, storage and use of the goods. Goods returned after the printed sell-by date on the packaging shall not be deemed to be within Warranty within these terms.

6.3 Under no circumstances shall our liability under warranty exceed the purchase price of the goods shipped and claimed under warranty.

6.4 All claims under warranty shall be notified to us in writing by post or email within 72 hours of their discovery. Goods which have been modified without notice will be deemed to void warranty.

6.5 The company shall have the right of inspection of all goods claimed under warranty.

6.6 The company reserves the right to make the final decision on the warranty claim subject to this inspection and to proof that the goods have been handled and stored appropriately.

6.7 The company limits its rights for the sale of hard goods (not food products) to that offered by the original manufacturer, save where this would contravene Irish consumer laws.

6.8 No company staff member shall have the right to vary the conditions herein without express permission of the Board of Directors, having been given at a properly constituted meeting of same.

6.9 Force Majeure. The company shall have no obligation to provide a remedy where the defect, fault or loss is caused by forces outside the company’s control.

6.10 Where a claim is deemed to be malicious or baseless, we reserve the right to recover our costs and expenses in investigating and treating the claim.

7. General

7.1 The waiver by us of any clause of these Terms in a contract shall not be construed as a permanent waiver of the clause(s).

7.2 If any clause should be held to be invalid or unenforceable by a competent authority, the validity of all other clauses shall not be affected.

8. Governing Law

The performance and completion of these Terms and Conditions and any contract made there under shall be subject to Irish Law and to the jurisdiction of the courts of the Republic of Ireland.

Thornbrook Distribution Limited August, 2005.

Thornbrook Distribution Limited, Reg. No. 394092, VAT No. 6414092R
Unit D12, Southern Link Business Park, Jigginstown, Naas, County Kildare, Republic of Ireland.
Tel. 045 881551, Fax 045 881552,
E-mail: ireland@husse.com
Web: www.husse.ie