TERMS AND CONDITIONS OF SALE.

1.Interpretation- In these Conditions of Sale:

“Supplier” means TopLab Express Limited whose registered office is at  Curraheen, Tralee, Ireland, V92 XV5Y registered in Ireland, Company Number 699166

“Customer/Buyer” means the person who purchases the goods.

“Goods” means the goods ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.

2. DELIVERY DATE-

The Supplier shall use reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever, caused.

If goods are not received within the specified timeframe for delivery of such goods as notified by the Supplier to the Buyer at the time of sale, the Supplier must be notified immediately by the buyer. You must email the Supplier at…….

Whilst every care possible will be taken when delivering your goods, we cannot take responsibility for any damage that may be incurred during the delivery of your goods. It is the customer’s responsibility to check the goods delivered and the customer must confirm receipt of delivery within 24 hours of receiving the goods by emailing sales@toplabexpress.ie

If the customer has any complaints in relation to the goods having suffered damage prior to delivery then the customer must notify TopLab Express by emailing sales@toplabexpress.ie within 48 hours of delivery.

Small goods, marked as Class 1, will incur a fixed shipping fee to transport the product from Manufacturer to the Customer. When confirming the order, the Customer can review the cost of shipping before completing their transaction.

Large products, marked as Class 2, such as safety cabinets, fume hoods and laboratory chairs will incur additional freight costs. This cost is to cover transporting the product from the Manufacturer to the Customer. When confirming the order, the Customer can review the cost of shipping before completing their transaction.

3. DELIVERY LOCATION-

Delivery shall be at the Customer’s premises stated on the purchase order, unless otherwise agreed. In the event the Customer is not there to take receipt of the delivery, then the goods will be returned to our warehouse and a further storage and delivery charge will be incurred by the customer at their own cost to arrange an alternative delivery date. Any additional Delivery Costs will be the responsibility of the Customer.

AIDAN/MIKE/PAUDIE– do we need to make provision for staggered deliveries in the event the entire order cannot be sent at once, ie if a customer orders chairs, cabinets, and taps. Will they be shipped together or separately??? INSALMENTS OF DELIVERY – THIS WOULD BE NUMBER 4.

Due to the bespoke nature of goods offered by the Supplier deliveries arriving to Customers may be staggered. The Customer is responsible for confirming acceptance and checking of any faults / defects within. If the Customer finds a defect, damage or fault they must email sales@toplabexpress.ie within 48 hours of receipt.

5. PACKAGING, CARRIAGE AND INSURANCE

The prices quoted are inclusive of any costs of standard packaging, carriage and insurance, which shall be arranged by the Supplier but paid by the customer. Goods will be delivered using couriers and shipping methods as seen fit by the Manufacturer.

6. TITLE and RISK

Title and Risk to the goods shall pass to the Customer upon Delivery, Delivery is deemed to be made when the goods are made available to the Customer for unloading on delivery, and for the avoidance of doubt, the Customer is solely responsible for unloading.

7. CANCELLATION and RETURNS

As you are a consumer, under distance selling regulations, you have 14 days from receipt of your Order to cancel the order and return the products. You must email TopLab Express at…………………….to confirm you wish to return your Order or complete the Order Cancellation form https://www.toplabexpress.ie/returns-and-cancellations/

You have 14 days from the date you notify us of your Intention to return the Order to return the goods to us in its Original Packaging, they must not have been used or installed.  You will be required to submit proof of purchase. The cost of returning the product will be the sole responsibility of you the Customer.

Where you cancel your Order we will refund you the price you paid for the product and the refund will be processed to the method of payment used by you at the time of purchase. Once we receive the returned goods and we have inspected the goods, you will receive an email from us to confirm receipt of the returned goods and we will commence to process your return.

You will receive a refund within 14 days of receipt of the returned product by us or 14 days of cancellation of the Order. Any refund processed to you will be subject to any decrease in value of the goods which may arise as a result of the handling of the goods beyond what is necessary to inspect the goods on delivery.

If you cancel the order but fail to return the goods within 14 days we are entitled to arrange the collection of the goods, and in this instance we will seek the cost of collection from you.

We need to confirm returns process here re collection etc.

EXCLUSIONS FROM RETURNS

Your Right to return goods DOES NOT APPLY to goods which are made to your specific order and such Orders cannot be cancelled at any stage of the process. These goods are considered Special Order Goods. Special Order Goods (see table below) can only be returned where they are found to be faulty on arrival and the Supplier is notified within 48 hours of you having taken delivery of the goods.

8. FAULTY OR DAMAGED GOODS

It is important that goods are inspected by the Consumer on Delivery and any faults or damages is reported to sales@toplabexpress.ie with 5 days of delivery except in the case where it is claimed the goods suffered damage in the course of transit. If the goods are damaged or faulty on arrival we may request an inspection to be carried out by us or the manufacturers  before a remedy is agreed. We will either, repair or replace or refund in those circumstances and the remedy offered will be at the discretion of the Supplier.

Mike Aidan just confirm here the return process ie presumably you bear the costs of collection and return and re delivery where goods are faulty or defective, please clarify??!!

9. QUERIES AND COMPLAINTS

Notification of queries complaint must be notified to the Supplier within 48 hours where the complaint relates to damage caused during transit, all other complaints and queries must be sent to the supplier with 5 days of having taken received the goods.

10. PRICES and VAT

Unless otherwise specified the prices quoted by the Supplier shall be specified in the Suppliers price list and shall be exclusive of VAT and any other government taxes or duties which, if applicable, shall be paid by you. Delivery costs are charged in addition to the price of the goods and are included in the total cost when you check out.

Unless otherwise stated the prices includes delivery to the Customers address as set out in the confirmation of order notice and includes insurance in transit.

The invoice to the Customer will be issued at the time of purchase.

Toplabexpress.ie uses Stripe as its payment gateway service. Upon checkout, the Customer is directed a secure page on Stripe servers. Here the Customer enters their information for payment. No information is stored on the Toplabexpress.ie website. Stripe may store information pertaining to the card used for payment. This includes card holders name, email, address, Origin and bank issuer. This information is used to confirm payment methods.

WARRANTIES

11. The Supplier warrants that the:

11.1 at the time of sale, it will have title to sell the Goods to the Customer; and

11.2 the Goods sold to the Customer will conform to the specification for them published by the Supplier or their manufacturer.

12. 12. REMEDY

Subject to Clause 15, if the Supplier is in breach of the warranties given by it Under Clause 11, its liability shall be limited to;

• Replacement of the Product;
• At the option of the Supplier, reimbursement of the price.

13. NO OTHER LIABILITY

            Subject to Clause 12, the Supplier shall have no further liability to the Customer other than as described in Clause 12, whether under theses conditions of sale or on any other basis including liability in tort as a result of the sale of the Goods.

14. CONSEQUENTIAL LOSS

Subject to Clause, 15, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.

15. NON-EXCLUDABLE LIABILTY

Nothing in these conditions of sale shall exclude or limit the liability of the Supplier for the death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit the statutory rights which cannot be legally excluded or limited, including the statutory rights of the consumer.

16. APPLICATION

These conditions of sale shall apply to any purchase of goods under an order which is accepted by the Supplier. No other terms shall apply to the sale of the Goods, including any standard conditions of purchase of the Customer, even if they are printed in written order of the Customer or any document issued by the Customer.

17. GOVERNING LAW

These conditions shall be governed by Irish Law.