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    Darac Term & Conditions

    Please read the following in full before Purchasing. By clicking on the “Buy Now” button you are confirming that you have read this agreement, have understood the agreement, and agree to be bound by the conditions. If you do not agree with any of the following, then Darac will not enter into a contract with you, and you should not click on the “Buy Now” button and discontinue with the online ordering process.

    1. Definitions: the terms herein regulate the customer’s use of items provided by Darac, Newbliss, Co. Monaghan we, our and us. The Customer is you, the person, persons or company purchasing products and/or services from Darac. Darac is the Product Vendor and/or Service Provider as identified on all correspondence, including invoices detailing products and/or services queried, quoted, ordered, purchased and delivered and inclusive of any other correspondence arising. The site refers to Darac website, darac.ie, any other address or subsequent websites maintained by Darac. Darac branded products refer to custom manufactured products sold by Darac. Third party products are those that Darac resells to you the customer, and are not Darac branded.
    2. Pricing: All prices are in Euro and exclude Irish VAT, exclude freight and any other charges that may apply unless stated otherwise. Our prices may fluctuate and Darac reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Darac, or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price.
    3. Quotations: Website generated quotations unless otherwise stated are valid for a period of 15 working days from the date of issue, unless there is an express provision between the parties for a different period to apply. This includes third party products. Darac reserves the right to withdraw any quotation. We reserve the right to correct any errors made in the preparation of a quotation and reissue the quotation if necessary, which will be valid for a period of 15 working days starting on the day of reissue.
    4. Ordering/Cancellation: Orders may be made through the website, by email, and are considered confirmed by means of P.O., Order Confirmation, or by verbal agreement. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Darac. Cancellation of orders must and can only be made within 3 days of an order placed or by verbal agreement. Return postage/carriage costs are at buyer’s expense and refunds, if applicable, are net of postage paid. Details of all orders made will be stored on our database.
    5. Payment: All orders must be prepaid before supply, or performance of service. Only companies and public bodies are entitled to apply for a credit account, and if and/or when this is approved, credit from invoice date may be applied to transactions. Darac reserves the right to investigate all information given to us by you in respect of credit and trade account applications. This may include contacting any or all of your references supplied. Failure of part or full payment of the current order, or indeed any previous order by the parties concerned, may result in Darac refusing to process the order concerned, or any future orders. Goods remain the property of Darac until payment in full has been made. Should the goods be resold or used as components in any system manufactured and subsequently sold, the proceeds of sale remain the property of Darac, and must be held by you for Darac, in order to settle unpaid orders. Darac retains the right to request certain methods of payment only. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.
    6. Delivery: Delivery will only take place on orders that have satisfied the criteria in section 5 above. Estimated delivery dates and times are estimates, and Darac accepts no responsibility for delivery delays. The delivery times do not include time between the placing of order, ordering stock, manufacture, assemble, picking out, packaging, and dispatching. The place of delivery is that which is specified on the web order form, by verbal agreement over the phone, in person, or by any other form of written or verbal communication. Refusal of delivery without Darac prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Risk of loss of the goods passes to you upon delivery.
    7. Warranty: All products supplied by Darac have a 1 year Return to Base (RTB) warranty unless stated otherwise. Should products be defective within this period Darac will repair or replace the product with the same or similar specification within a reasonable time. The customer is responsible for charges for return to base and Darac is responsible for costs of shipping replacement/repaired product to the customer. Darac is not responsible for any installation or de-installation costs for faulty products. The customer must offer Darac all information, courtesy and accommodation needed during this time. The warranty only applies to Darac sold items and does not apply to 3rd party products, fitness for any particular purpose, damage caused by yourself, another party or any external force, modifications, repair, incorrect installation or indeed any other action by yourself or another party that renders an alteration or a damage of any kind to the system.
      Once any attempt is made to investigate the internal components of any part of the item, this results in the warranty becoming void. Darac may alter this warranty period and terms, but this will not affect products purchased prior to the change. In respect of 3rd party goods, these will be covered by a manufacturer’s warranty which accompanies the goods themselves. These 3rd party warranties are completely independent from Darac and has no responsibility for their inclusion, exclusion, or indeed any other issues arising from these warranties, or lack thereof, should the case be. Goods returned to Darac that are either outside of their warranty period, and/or are damaged due to actions that are outside the conditions set down in the warranty may be repaired by Darac but only subject to express approval and will be charged at Darac labour charges, and the customer will be liable for any other expenses arising during the reasonable repair, storage and transportation of the good(s).
    8. Returns: Dead on arrival or damaged in transit products must be reported to Darac in writing (email will suffice) within 3 days of receipt. Customers are business /B2B/ B2G customers and may not return unused and unopened goods after purchase. After the passing of these 7 days, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. When seeking to return all or part of an order, the customer must email in detail, and in good faith, a returns request, send it to Darac, and once a valid RMA number is issued, then the customer can return the item. Once a RMA number is obtained, the item(s) must be returned to Darac at the customer’s own arrangement and expense. When the item(s) is returning to the customer, Darac will arrange the delivery and pay the freight costs incurred. Goods that are mistakenly returned as faulty will incur a €20 fee and any additional charges such as freight will be added to this fee. Goods returned without a valid RMA number will be returned to the customer untested and unopened. Darac endeavours to investigate all returns within a reasonable time but will not be held responsible for delays such as, but not limited to, those outlined in section 13 below. While we will endeavour to accommodate all returns, this may not be possible, subject to constraints, such as, but not limited to time constraints, imposed by suppliers, manufacturers, or any other third party. Darac will not be held responsible for returns that we cannot process, but will always endeavour to accommodate returns where possible. Darac reserve the right to charge a re-stocking fee where appropriate, this fee shall not exceed 20% of the goods value.
    9. Services: Services will be provided by Darac, or a nominated Service Provider.
    10. Customer Obligations: The customer is responsible for all telephone and postal charges contacting Darac, and your own choice of Product and its suitability for purpose. [All products are fit for purposes described, but it is the customer’s obligation to ensure compatibility between items]. Reasonable courtesy, cooperation, and information must be provided to Darac at all times, and failure to do so may result in Darac refusal to take and/or complete an order, inquiry or quote. In respect of section 5 above, you the customer warrant that all information supplied by you to us in respect of credit applications is correct and complete, and any charges incurred by you will be honoured by your credit card company / bank.
    11. Termination: The agreement for sale or supply may be terminated by Darac if the customer fails to pay on time, breaches the agreement, or suspects the customer has breached export controls, which are governed by EU export control laws, as well as Irish legislation. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.
    12. Force Majeure: In the event of circumstances beyond Darac control, we are not liable for delays in performance and completion. Darac will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after three months or anytime thereafter.
    13. Disputes: Disputes arising between Darac and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law.
    14. Alterations: Darac reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.
    15.  Jurisdiction: Irish legislation and the jurisdiction of the Irish courts apply to this agreement.
    16. Agreement: By ordering from Darac, you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.