Terms and Conditions
The Legal Stuff
1. About Terms and Condition Versions
- These Terms and Conditions in general may change from time to time without notice and as indicated by the version number shown above.
- When a contract is formed (on the date stated on the Invoice) we record the exact Terms and Conditions Version Number as shown above; it is that version of the Terms and Conditions that is applicable for the duration of the contract that is always in force.
- Changes to these Terms and Conditions will not affect any previous contract Terms and Conditions.
In these Terms and Conditions the following definitions will have the following meanings unless inconsistent with the context:
Cormac Tagging Ltd
MG Business Park
Co. Galway H54 VK09
Reg. No. 397418
|Buyer:||An individual or entity who enters into a Contract to obtain Goods or Services from CormacTagging and whose order for the Goods is accepted by CormacTagging.|
|Contract:||Any Contract between CormacTagging and the Buyer for the sale and purchase of the Goods or supply of the Services formed in accordance with Condition 2|
|Goods:||Any Goods which CormacTagging supplies to the Buyer (including any of them or any part of them) under a Contract|
|Services:||Any Services which CormacTagging supplies to the Buyer (including any of them or any part of them) under a Contract|
|Terms and Conditions:|
|The standard terms and conditions of sale set out in this text document together with any special terms agreed in writing between the Buyer and CormacTagging and attached or incorporated by reference to these terms and conditions|
|DAFM:||Department of Agriculture, Food and the Marine|
|AIM:||Animal Identification & Movement system and program managed under the authority of the DAFM|
|ICBF:||Irish Cattle Breeding Federation|
3. The Consumer Rights Directive
1 . The Consumer Rights Directive (CRD) has been implemented in Ireland by the European Union (Consumer Information, Cancellation and Other Rights) Regulations, S.I. 484 of 2013. CormacTagging is legally obliged to inform you of our obligation to provide our Goods and Services contract in conformity with the aforementioned Consumer Rights Directive and as such have provided online facilities that fully implement the applicable legal requirements. In compliance with the CRD the following informational and functional page is incorporated by reference Right To Cancel.
Should there be any conflict between any term within these Terms and Conditions and the CRD referenced above; the CRD shall take precedence.
4. Order Cancellation
- You may have the Right to cancel this contract under these terms..
- If we have not yet processed your order, you can use our instant Cancel button beside your Invoice to instantly cancel your order for 100% instant refund. Change this to “If we have not yet processed your order, you can cancel your order in orders section using the cancel button.
5. Contract Formation
- Subject to any variation under Condition 17.2 (and 'special terms' if attached), the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
- Each order for Goods or Services will be deemed to be an offer by the Buyer to purchase Goods or Services upon these Terms and Conditions.
- The Contract is formed and automatically accepted only when:
- Full payment has been received or
- An authorised purchase order has been received.
- All orders awaiting payment remain in a pre-contract state, these orders are not accepted or processed and constitute a 30 day time limited offer, provided CormacTagging has not previously withdrawn it.
- The quantity and description of the Goods and/or Services is as set out in this website and associated specifications.
- All samples, drawings, descriptive matter, specifications and advertising issued by CormacTagging and any descriptions, illustrations or product colours contained in CormacTagging's brochures, order forms and this website are issued or published for the sole purpose of giving an approximate idea of the Goods or Services represented by or described in them.
7. Price - Before 1st Nov 2017
- The price for the Goods and/or Services is set out in CormacTagging's website and order forms include VAT at the prevailing rate.
- The price stated for some specific DAFM regulated cattle tag products may include an ICBF contribution of € 0.38 per tag set; specifically:
- We identify these product items using this symbol and comment Supports ICBF.
- If you have opted-in to the ICBF contribution, the price quoted includes the contribution.
- If you have opted-out, the prices quoted will not include €0.38 and the symbol ICBF € 0.38 will be shown to indicate that you will not pay the levy because you have opted-out.
- We indicate the total ICBF contribution and break-down on a per order basis in Totals box at the bottom of applicable invoices. In the case of Buyers who have opted-out, the invoice will state ICBF: Opted-Out in the Details box at the top of applicable invoices.
- You can change (opt-in or opt-out) your ICBF preferences at anytime via the ICBF Preference
- You cannot change your ICBF preference for completed orders.
- Prices listed are exclusive of delivery charges.
8. Price - On or After 1st Nov 2017
- The price for the Goods and/or Services is set out in CormacTagging's website and order forms include VAT at the prevailing rate.
- Under the "New Arrangement" (see below) the price stated for some specific DAFM regulated cattle tag products does not include an ICBF contribution of €0.38 per tag set; specifically:
- In an arrangement facilitated by the Department of Agriculture, Food and the Marine, all approved Tag suppliers have agreed to make a contribution to ICBF to the amount of €0.38 (including vat) on all new sets of tags sold. The new agreement will start on November 1st 2017.
- As of November 1st 2017 and Irrespective of the price of DAFM regulated new cattle tag sets/products you will be Opt-ed OUT of paying the ICBF contribution; as we have agreed to pay it for you.
- The ICBF contribution will NOT be shown on your invoice because you do not pay it, we do.
- You cannot change your ICBF preference as of November 1st 2017, you will automatically be opt-ed out.
- Prices listed are exclusive of delivery charges.
9. Delivery Charges
Delivery charges are added automatically to your shopping basket based on the specific products being ordered. More specifically:
- Any product that states in its description the following symbol(s) & associated comment: Tracked Online or Requires Signature must be tracked and/or signed for. This means the delivery cost will be the more expensive of the delivery services available.
- All other orders are not tracked and do not required a signature and as such we endeavor to use the lowest delivery cost service available which is usually AnPost Standard Delivery however if your order is value is € 20 or higher (excluding the delivery charge), we use the AnPost Bulk Standard Delivery service parcel rate.
- The shopping basket will adjust the delivery service product as it's contents change to reflect the lowest delivery cost at that time based on the above points
- Payments - Online Credit Cards
- All online ordered must be fully paid for before acceptance of an order or the provision of any Goods or Services is undertaken.
- Payments - Bank Transfer, Cheque or Pay by Phone
- When ordering you may opt to pay via Bank Transfer, Cheque or Pay by Phone. However full payment must be fully received before acceptance of an order and before the provision of any Goods or Services is undertaken.
- Payments - Online Account Balance
- At any point you may add additional funds into your Online Account for use with instant future purchases.
- When sufficent funds are available in your account, you may use them to purchase any Goods or Services.
- If there is sufficent funds in your account for an entire order; those funds will be used automatically.
- If the funds available in your online account are not sufficent to pay for your entire order you will be required to pay only the difference, at which time, your order will be automatically accepted and processed.
- If you cancel an order (e.g. while it is in the "In Queue" state and before it has been processed), you will be refunded the full amount of the order invoice. These funds will be instantly deposited into your online account and as such may subsequently be used as described in this subsection.
- Payments - Purchase Orders
- Certain institutional entities may be authorised by CormacTagging to use purchase order numbers at time of checkout to complete an order.
- These orders are only accepted and processed upon receipt of the written purchase order with a matching purchase order number.
- Purchase Orders may be posted, emailed or faxed to CormacTagging; regardless of how we receive the order it will be deemed as the original and subject to condition 5.1 (Contract Formation).
- Purchase Orders must state the full amount of the proforma invoice (instantly available after ordering) regardless of any online balance available. It should be noted that if sufficient funds exist to complete an order instantly, those funds will be used automatically and the option to pay via any other method including purchase order will not exist. However, if partial funds exist, they will not be considered (i.e. combined) with regard to the purchase order value which will always reflect the total amount of the order invoice.
- CormacTagging specifies purchase orders payment terms which are strictly 30 days nett or upon termination of the Contract, whichever occurs first unless otherwise agreed in writing by CormacTagging.
- CormacTagging may at any time suspend the provision of Goods or Services if purchase order Buyer's are late in making any payment due to CormacTagging or if the agreed credit limit is/will be exceeded.
- If any sum payable under the Contract is not paid when due then, without prejudice to CormacTagging's other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at 8% per annum over Allied Irish Bank plc base rate and CormacTagging will suspend further deliveries of Goods or Services until the outstanding amount has been received.
- These Terms and Conditions in no way constitute any form of credit agreement. Any such agreement must pre-exist between the Buyer and CormacTagging such that it authorises the Buyer to use purchase order numbers on this website for purchases.
- In the event CormacTagging institutes legal proceedings against the Buyer to recover any outstanding sums due for Goods or Services supplied to the Buyer, CormacTagging shall be entitled to recover from the Buyer all costs incurred in such proceedings including legal fees and interest.
Your order Invoices are available online instantly upon completing your order payment.
If your order is being paid for using a cheque, bank transfer, payment by phone or purchase order a Proforma Invoice is created automatically. When full payment is received Proforma Invoices are replaced by Invoices.
Any invoice anomalies must be notified to CormacTagging immediately within 2 working days of receipt of the Goods or Services.
All orders awaiting payment, remain in a pre-contract state, these orders are not accepted or processed and constitutes a 30 day time limited offer.
You may instantly delete any orders awaiting payment and as such any implied time limited offer is instantly revoked. All existence of these "Proforma Invoices" are removed from our systems for efficiency purposes once deleted.
Any order that includes product(s) that state in their description the following symbol and comment: AIM Address will always be delivered to the address provided to us by the DAFM AIM system.
You may, at your option, provide a different address to be printed on your invoice; for example, if you are a business and it's location is different from the AIM registered delivery address. In this instance, regardless of the address on the invoice, it will be delivered with the Goods to the address provided by AIM.
- The Goods shall be delivered to the Buyer's specified delivery address location as specified during the ordering process; with the exception that any order that includes product(s) that state in their description the following symbol and comment: AIM Address will always be delivered to the address provided to us by the DAFM AIM system.
- You may, at your option, provide a different address to be printed on your invoice; for example, if you are a business and it's location is different from the AIM registered delivery address. In this instance, regardless of the address on the invoice, it will be delivered with the Goods to the address provided by AIM.
- Any dispatch date or delivery date given by CormacTagging is an estimate and CormacTagging will not be liable for any loss or damage arising directly or indirectly from any delay in dispatch or delivery.
- CormacTagging will use reasonable efforts to deliver each of the Buyer's orders for the Goods and/or Services within the time agreed when the Buyer places an order and, if no time is agreed, then within a reasonable time, but the time of delivery will not be of the essence.
- Where the Buyer requests an expedited carriage, any additional costs over and above the normal delivery costs will be charged to the Buyer.
- The Goods will be deemed to be delivered and risk will be deemed to be passed to the Buyer upon delivery to the Buyer's premises, or the Buyer's nominated alternative location or premises, as specified at the time the order was placed and accepted.
- With regards to international deliveries & exports, delivery will be effected (delivered) and risk will be deemed to be passed to the Buyer when the Goods are placed at the disposal of the Buyer on the arriving means of transport ready for unloading at the named place of destination as specified at the time of order.
- Delivery of the Goods will be accepted at any time of day. If the Buyer fails to take delivery, the Goods will be deemed to have been delivered and CormacTagging, without prejudice to its other rights, may at its option store or arrange for storage of the Goods until actual delivery and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance).
13. Risk & Title
- All Goods will remain the property of CormacTagging until the price of such Goods has been paid in full.
- Risk in the Goods will pass to the Buyer upon delivery.
- The Buyer's right to possession will terminate immediately upon the occurrence of a non-payment event which would allow CormacTagging to terminate the Contract.
- The Buyer grants CormacTagging, its agents and employees an irrevocable right at any time to lawful entry to any premises where the Goods are, or may be, stored in order to recover the Goods where the Buyer's right to possession has terminated.
14. Liability of CormacTagging
- This subsection is in addition to and does not affect a Consumer's rights in relation to defective Goods or Services granted to Consumers by law or any prevision of the CRD.
- CormacTagging will, free of charge, within a period of 6 months from the date of delivery of Goods which are proved to the reasonable satisfaction of CormacTagging to be damaged or defective, replace such Goods. This obligation will not apply where:
- any instructions as to the use or storage of the Goods have not been complied with in all respects; or
- the Buyer has failed to notify CormacTagging of any defect or suspected defect within 14 days of delivery where the defect should be apparent on reasonable inspection, or within 14 days of the same coming to the knowledge of the Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 6 months from the date of delivery.
- CormacTagging will refund to the Buyer the cost of carriage on the return of any such defective or damaged Goods, and will deliver any repaired or replacement Goods to the Buyer at CormacTagging's own expense.
- Except as provided in this section CormacTagging will be under no liability to the Buyer whatsoever, whether in Contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any Contract including the provision of any Goods or Services.
- Except as set out in the Contract, CormacTagging hereby excludes to the fullest extent permissible in law all conditions, warranties and stipulations, expressed or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer.
- Without prejudice to the foregoing, CormacTagging shall in no circumstances be liable for any loss, damage costs or expenses which exceed the aggregate of the sale price of the Goods and/or Services.
15. Return Of Goods
- This subsection covers the Return Of Goods not governed by the Right To Cancel.
- CormacTagging reserves the right not to accept Goods returned without prior written approval.
- Return of Goods may not be made without prior written approval of CormacTagging; such approval, if given, must follow the steps in this section for such a return to be valid.
- CormacTagging must be notified in writing of Goods considered to be faulty using the following procedure:
- Please use the Contact Us form within the timescales set out in 13.2 (Liability of CormacTagging)
- You must state the Order Number which starts with "COR" followed by 8 numbers and the related item number(s) as listed on the Invoice. This information is available in the Invoice section.
- Provide an explanation of the problem.
- Provide supporting evidence where applicable.
- CormacTagging will respond to your request usually within 2 working days, but no later than 14 days with:
- Written approval to return the Goods as set out above or
- Other remedy which, depending upon the nature of the problem, supporting evidence (if any) and the timescale of the request.
- Upon receipt of the Goods and following inspection and investigation by CormacTagging of reportedly faulty goods, CormacTagging will determine the final outcome.
- The liability of CormacTagging is limited to the replacement of Goods deemed faulty but, at its discretion, may provide a credit for the value of such item(s).
- Goods which are clearly personalised such that they cannot be resold as new cannot be returned under this section.
- Return Goods To:
Cormac Tagging Ltd
MG Business Park
Co. Galway H54 VK09
16. One Per Customer Offers
If our records indicate that you (as identified by your Herd number) have previously availedof an offer (e.g. such as a Free Universal Applicator) you will not be entitled to avail of the offer more than once regardless of how the offer is communicated to you (i.e. via Mail, Telephone, Internet, etc.).
17. Force Majeure
- CormacTagging will not be liable to the Buyer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control of CormacTagging including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and CormacTagging will be entitled to a reasonable extension of time for performing such obligations.
- CormacTagging may by written notice terminate the Contract immediately if the Buyer is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect.
- Failure to pay any sums due in accordance with these Terms and Conditions is a material breach of the terms of the Contract which is not capable of remedy. The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Buyer or CormacTagging accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.
- This document shall constitute the whole Contract between CormacTagging and the Buyer.
- Any amendment to these Terms and Conditions will be notified in writing and signed by a director of CormacTagging.
- Nothing in this condition will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
- The Contract contains all the terms which CormacTagging and the Buyer have agreed in relation to the Goods and/or Services and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods and/or Services. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of CormacTagging which is not set out in the Contract.
- The parties to the Contract do not intend that any of its terms will be enforceable by virtue of any implied right by any person or entity not a party to it. The parties to the Contract are exclusively:
- CormacTagging as stated in the From: box on the invoice and
- the person(s) or entity stated in the To: box on the invoice.
- For the avoidance of doubt, should there be any conflict between the Terms and Conditions set out in this document and any special terms attached to them, then the special terms shall prevail.
- Where the Buyer is a Consumer as defined in current consumer law (at the time of execution), the Customer's statutory rights are not affected by any provisions contained herein.
- In relation to international exports, Incoterms 2010 will be applied, specifically DAP (Delivered at Place). Any requested alternative to this will be agreed in writing between the CormacTagging and the Buyer prior to dispatch and shipment of the Goods and will be considered as 'special terms'.
20. Divisibility Clause
- This contract is divisible. Each delivery, or part delivery made, herein shall be deemed to arise from a separate contract; any invoice for a delivery shall be payable in full in accordance with terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other delivery installment.
21. Law & Jurisdiction
- The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by Irish law. The Irish courts will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with the Contract. The parties agree to submit to that jurisdiction.
22. Data Protection Act - Credit Checks
- For Buyers who request credit terms, we may transfer information about you to our bankers/financiers for the purposes of providing Services for the following purposes:
- Obtaining credit insurance
- Making credit reference agency searches
- Credit control
- Assessment and analysis (including credit scoring, product and statistical analysis)
- Protecting our interests
- We will provide you with details of our banker/financiers and that of any credit reference agencies used on request.
23. Statutory BVD Eradication Scheme
1. When your order includes Cattle tag product that are regulated by the DAFM and must be registered on the AIM system, You are required by DAFM to agree to the following statement:
By signing this form I give permission to the DAFM to transfer data about my herd to ICBF strictly for use to monitor compliance with the statutory BVD eradication scheme
2. CormacTagging only record the fact that you agreed to this transfer of information between DAFM and ICBF