SCAN COIN Ireland Limited : Web shop terms of sale.
All orders for equipment or service ordered via the SCAN COIN web shop will be provided in accordance with the SCAN COIN Ireland Limited standard terms and conditions, as shown in our standard Sales and Service Agreement.
Terms of sale
1 Ownership and Insurance
1.1 We own the Equipment until you have paid for it in full and the full amount has been credited to our bank account in cleared funds.
1.2 Once we have delivered the Equipment to you, you are liable for the risk of any loss or damage to it. We advise you to insure against these risks.
1.3 Until you have paid for the Equipment, you must not do, or allow anything to be done which is inconsistent with our ownership of it. In particular, you must not alter or sell it or otherwise dispose of it. You must ensure that it can be identified as belonging to us.
1.4 SCAN COIN Equipment is supplied with a standard twelve month warranty against defective components. During that period any components which, in the opinion of the Company, are defective as a result of faulty materials or workmanship, will be replaced free of charge. Warranty commences from the date of delivery of the Equipment unless otherwise agreed in writing by SCAN COIN Ireland Limited. Coin and Note Handling does, by its nature of operation, cause wear upon the equipment. To ensure that your machine is kept in its optimum condition, we recommend that a full service contract is taken out. The scope of this contract is covered on the Service & Maintenance Contract Form.
1.5 If you do not make your payments when they are due, or, if before you pay for the Equipment, you go into liquidation or receivership or commit any act of bankruptcy, or if we think any of these may happen you agree to allow us to enter your premises, without notice, to reclaim the Equipment
1.6 You agree that you cannot send the Equipment back instead of
paying for it. We may take legal action to recover the price even
though title in the Equipment may not have passed to you.
2.1 You agree that one of your employees will clearly sign and print their name and the date on the delivery note that comes with the Equipment to prove that the items on it have been delivered. We will not accept claims for shortages.
2.2 If the Equipment is delivered at different dates through our fault then the price we charge will be the price we originally agreed. If you ask us to delay the delivery we reserve the right to invoice you at the price that stands at the time the Equipment is delivered.
2.3 VAT has been included on the shipping charge quoted.
Unless we have agreed different credit terms, you must pay our invoice in full within 30 days of the date of our invoice. We charge interest (both before and after any court judgement) at 5% more than the HSBC plc base rate from time to time.
If you order incorrect goods from our online shop we will accept returns within 14 days of delivery provided that they are complete, unused and undamaged and that all original documention and packaging is returned. We reserve the right to charge a restocking fee of up to 10% of the invoice value, or €30, whichever is the greater, at our discretion.
5.1 We will provide the Equipment (if any) and the service detailed in the Equipment Schedule. If we are in breach of our commitments, the we shall only be liable for loss that you incur as a direct result (whether or not you have advised us of the possibility of other loss). In particular, we shall not be liable for indirect, or consequential loss, or loss of profits or business incurred by you or anyone else.
In any event, if our liability is for breach of our commitments relating to the provision of the Equipment or its condition, then our liability will be limited to the price that you have paid for the Equipment. If it is for breach of our commitments relating to servicing of the Equipment, then our liability will be limited to the amount of service charges that you have paid to us in respect of the 6 months priot to your claim.
5.2 Nothing in clause 12 (or elsewhere in this Agreement) is intended to restrict our statutory liability if we, or anyone for whom we are responsible, has caused death or personal injury.
6.1 The Equipment may incorporate computer programs (Software), or we may supply such Software separately. All the rights in the Software belong either to us or to the people who licensed it to us. You have no rights in it, but you are allowed to use it in accordance with the terms contained in this agreement or otherwise notified to you. Except to the extent permitted by law you must not copy, modify, merge, decompile, reverse engineer or make available or disclose to
any third party the Software in whole or in part.
6.2 You agree that where the software supplier requires us to accept any terms relating to the software, these will apply to this Agreement from the date you are notified of them. If the software supplier so requires, you also agree to enter into a separate license agreement with it for the software. In the event of any inconsistency with any term(s) of this Agreement, the terms imposed by the Software supplier or the terms of such separate license agreement shall prevail to the extent of the inconsistency.
6.3 You will be responsible for assessing and evaluating the Software to ensure its suitability for your needs. You are also responsible for ensuring that all computer programmes and hardware used in conjunction with the Software are free from defects adversely affecting the Software. We expect you to take all reasonable precautions to safeguard the Software and all related data (e.g. regular data backup procedures etc).
7 Additional Terms
7.1 This Agreement is the full Agreement between you and us for the Equipment and services we provide. These terms are the only ones that will apply and they replace any previous Agreement for the Equipment and services.
7.2 The terms of this Agreement cannot be changed unless the changes are put in writing and signed by a director of SCAN COIN and someone you authorise to sign the changes on your behalf.
7.3 This agreement applies to each piece of the Equipment individually. If there is a dispute about some equipment, it will not affect the application of the Agreement to the other items. The Agreement in respect of one or more items of Equipment without affecting the other items.
7.4 All notices, including those of price increases should be sent by ordinary first class post. We will send notices to your billing address unless you tell us otherwise in writing. You must send all notices to our registered office. Notice will be assumed to have been served 2 working days after it was posted.
7.5 Your rights and our rights under this agreement will not be affected if either of us do not enforce, or delays enforcing, any of the terms of this Agreement.
7.6 We can transfer our rights and/or obligations under the Agreement to a subsidiary or associated company of ours or to an authorised SCAN COIN dealer. If we do so, we will tell you.
7.7 We are not liable for delay, or failure, to carry out our obligations under this Agreement if the situation is caused by circumstances beyond our control.
7.8 You and we are independent contractors under this Agreement who cannot act on behalf of the other party.
7.9 The Agreement is governed by Irish law and comes under the jurisdiction of the Irish Courts.