Terms of Supply
SUPPLY OF GOODS AGREEMENT
These terms and conditions (Conditions) are a legal agreement between you (Recipient, you, your) and;
Heroshield Ltd a company registered in Northern Ireland with and registered office address at 17 Jubilee Road, Newtownards, Northern Ireland, BT23 4YH;
the Supplier in relation to the supply of face shields as part of personal protective equipment to you.
BASIS OF CONTRACT
- We provide the Goods to you on the basis of these Conditions to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- By opening the packaging that the Goods are contained in, you agree to the terms of these Conditions which will bind you, your employees, workers, agents and any subcontractors you authorise to use the Goods.
USE OF THE GOODS
- The Recipient shall comply with the enclosed written instructions on how to use the Goods, and only for their intended purpose as set out in the instructions.
- The Recipient acknowledges and agrees that the Goods are supplied on an "as-is" basis, and while the Goods have been manufactured using reasonable care and skill, to the maximum extent permitted by applicable law, the Suppliers hereby exclude from these Conditions all warranties in respect of the Goods, express or implied, including but not limited to sections 13 to 15 of the Sale of Goods Act 1979.
- The Suppliers do not warrant that the Goods comply with applicable statutory and/or regulatory requirements.
- The Suppliers strongly recommend that officially supplied, tested and certified equipment is used at all times. Only when such equipment is not available should the Goods be used by you.
- To the maximum extent permitted by applicable law, the Suppliers hereby excludes all liability arising under or in connection with the Goods and these Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Where liability cannot legally be excluded by the Suppliers, you hereby agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made against us in relation to your use of the Goods, including for the avoidance of doubt use of the Goods by your employees, agents, workers, subcontractors and any other person to whom you permit to use the Goods.
- These Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
- These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of Northern Ireland.
- Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or their subject matter or formation.