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Terms & Conditions of Sale
These terms and conditions cover all sales of products and services by Carl Stuart Limited and any information and advice given whether charged for or not. No variation in these terms and conditions will apply unless agreed by Carl Stuart Limited in writing. Orders are accepted only on the condition that no conditions of purchase shall apply.
Contents
1. Prices
1.1. All quoted and printed prices in our price guides and on our websites are subject to alteration without prior notice.
1.2. Carl Stuart Limited has the right to change the prices shown in catalogues and price lists at any time and to invoice at prices current at the date of receipt of an order.
1.3. ‘Price on application’ (POA) quotations and all other quotations will be valid for 30 days from the date of the quotation, unless otherwise notified by Carl Stuart Limited.
1.4. Unless otherwise stated all prices are exclusive of VAT.
1.5. VAT rates applicable at the date of dispatch will be applied to any prices as appropriate.
1.6. If claiming VAT exemption, Carl Stuart Limited require a copy of the Exemption Certificate from the Revenue Commissioners.
1.7. For all Export customers based in the EU, who are registered for VAT, Carl Stuart Limited requires a valid VAT registration number, otherwise VAT will be charged. All valid VAT numbers will be verified using the European Commission’s VIES VAT number validation tool: https://ec.europa.eu/taxation_customs/vies/vatResponse.html
1.8. For all export customers, outside of the EU, the payment of import fees/taxes/charges are the responsibility of the importer. Such fees are levied based on the laws of the country into which the products are being shipped.
1.9. All prices are quoted ex-works. Delivery, if required, will be quoted separately. Delivery charges may be subject to change up to time of dispatch. Unless otherwise requested goods will be shipped by the carrier of our choice.
2. Orders
2.1. Orders may be placed by Telephone, Email, eMarket Places, Fax or Post by all account customers and through our websites.
2.2. Customers with credit accounts must provide a valid Purchase Order (PO) number with every credit transaction.
2.3. Carl Stuart Limited can only accept written orders for *controlled items (which may also require additional documentation).
* controlled items can be defined as products that can only be exported under licence or other export control mechanism.
3. Payment
3.1. For customers who have approved credit facilities with Carl Stuart Limited payment in full is due within 30 days from date of invoice, unless otherwise agreed in writing. Carl Stuart Limited has the right to charge interest on all overdue sums at the rate 2% above the current associated European Central Bank main financing rate when payment remains outstanding after 30 days from invoice date, calculated at the date of actual payment.
3.2. If any sum owed by you to Carl Stuart Limited is overdue for payment, Carl Stuart Limited may withhold any goods or services due for supply to you under any contract without prejudice to Carl Stuart Limited until the account is settled.
3.3. Customers who exceed their credit limits will be asked to pay in advance for additional products or services until the account is settled.
3.4. Delivered products will remain the property of Carl Stuart Limited until paid for in full.
3.5. Carl Stuart Limited has the right to deliver an order in instalments, and the customer is required to pay the invoice for each instalment within 30 days from date of invoice.
3.6. Any claims for shortages and/or damages must be made within 3 business days of a delivery.
3.7. Any claims for non-ordered items or non-delivery must be made within 3 business days of receiving the invoice.
4. Returns
4.1. No goods may be returned to Carl Stuart Limited without the authorisation of Carl Stuart Limited. Authorisation must be requested from the customer service department at info@carlstuart.com, ensuring to provide the invoice number in the correspondence.
4.2. Returns Authorisation are conferred by the issuing of a Carl Stuart Limited “Returns Goods Authorisation Form” which will detail the products and quantities to be returned. Consignments without this accompanying documentation will not be accepted by Carl Stuart Limited.
4.3. Returns will only be accepted if they are in their original packaging, without additional writing / labelling / stickers applied.
4.4. Authorisation to return products damaged during delivery must be requested within 3 business days of delivery. Carl Stuart Limited has the right to repair and return damaged products.
4.5. Authorisation for the return of products which fail to meet current published manufacturers specifications must be requested in writing within 28 days of delivery. Carl Stuart Limited will assist customers, at customers’ expense, to obtain any manufacturer’s warranty consistent with that granted to Carl Stuart Limited.
4.6. Authorisation for the return of products, other than those damaged during delivery, delivered in error or those that do not meet specification, must be requested within 28 calendar days of delivery. Returns of this nature are subject to a 15% handling charge OR the manufacturer sur-charge, whichever is greater, of the invoice value of the products returned. Goods must be in a resalable condition as per 4.3 above.
4.7. The following category of products will not be accepted for general return as outlined in 4.6 above:
4.7.1. open chemicals or diagnostics
4.7.2. refrigerated or other perishables
4.7.3. items with an expired shelf life or an expiration date too short for resale
4.7.4. any article that has been delivered direct by a third-party supplier
4.7.5. personalised or customised products
4.7.6. discontinued items
4.7.7. items not purchased from Carl Stuart Limited.
4.8. Authorisation will be subject to the condition that the products are returned to Carl Stuart Limited Customer Service Centre or to the manufacturer or other destination notified by Carl Stuart Limited.
4.9. Carriage and insurance for returns is the responsibility of the buyer.
4.10. Cancellation of Orders prior to delivery may be subject to the same charges as outlined in 4.6 above.
4.11. Hazardous materials authorised for return must be packed, labelled and shipped in accordance with the relevant transport regulations governing transportation of hazardous materials.
5. Use
5.1. The products we supply are intended for use in accordance with the documentation and manufacturer specifications under the user’s sole responsibility.
5.2. The products we supply cannot be used as active ingredients, in human or veterinary medicine. For use as pharmaceutical, cosmetic, food additives, agricultural aids, pesticides or domestic, the customer must contact the Carl Stuart Limited head office in Tallaght Business Park, Whitestown, Dublin 24.
5.3. Our customers that intend to use these products for a pharmaceutical, cosmetic, food or any other use must carry out their own internal checks and controls to ensure that they are in compliance with their local laws and regulations (e.g. European pharmacopeia, etc.).
5.4. In no event shall Carl Stuart Limited be liable if a customer uses a product that does not fit with the intended use.
5.5. It is customer's responsibility to comply with all applicable health, safety and other regulations and to take appropriate steps in relation to the storage, handling, sale and use of the products.
5.6. It is the responsibility of the purchaser to determine the suitability of our products for their application.
6. Health, Safety and Liability
6.1. Risk in products will pass at the time of delivery to the customer.
6.2. In view of the hazards of certain chemicals and apparatus the customer must ensure that the products purchased are in a safe condition and that a safe system of work is in place taking into account all available information. None of the products sold are intended for human consumption unless otherwise clearly stated.
6.3. In view of the wide range of uses of chemicals and apparatus, the customer will be solely responsible for determining the suitability and specification of products, services, information and advice for its purposes. Carl Stuart Limited has the right, without notice, to supply product of different specifications, sources, and pack size to that published or ordered. The customer is required to ensure that the use of any products supplied by Carl Stuart Limited do not infringe third party intellectual property rights.
6.4. In view of the above, liability of Carl Stuart Limited for any loss or damage suffered by a customer and arising by reason of defects in the products or otherwise howsoever is limited to the invoice price of the products in respect of or in relation to which loss or damage is claimed. Any liability accepted by Carl Stuart Limited under these terms and conditions is in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the products and save as provided in these terms and conditions Carl Stuart Limited will not be under any liability, whether in contract, tort, breach of statutory duty or otherwise in respect of defects in products delivered or for any injury, damage or loss resulting from such defects or from any information, service or advice provided by Carl Stuart Limited or its employees, contractors or agents. In no event shall Carl Stuart Limited be liable for any consequential loss whether or not resulting from force majeure. The customer indemnifies Carl Stuart Limited against any claims from its employees, contractors or agents.
6.5. It is customer's responsibility to comply with all applicable health, safety and other regulations and to take appropriate steps in relation to the storage, handling, sale and use of the products.
7. Export Controls
7.1. Some products sold by Carl Stuart Limited may be subject to export restrictions, Carl Stuart Limited reserve the right to refuse sale of any product or service to any customer without explanation.
7.2. The final destination of the goods MUST be declared by the customer at time of placing the order. Carl Stuart Limited prohibit the redirecting of orders to UN or US embargoed countries. It is the responsibility of the customer to make these declarations and any charges or delays resulting from incorrect, incomplete or misleading information will be born solely by the customer.
8. Warranties
Any warranty offered is in accordance with conditions laid down by the manufacturer and is strictly subject to our payment terms being met.
These conditions are subject to the laws of The Republic of Ireland
Last updated on 23/10/2020 by Emma Foster
Controlled document number: 9.11 Carl Stuart Standard Terms and Conditions of Sales