Terms & Conditions

TERMS AND CONDITIONS
DONOHOE MOTOR SALVAGE LIMITED
OF DRUMGOOLD, ENNISCORTHY, CO WEXFORD

In these Conditions (unless the context otherwise requires) the following words and phrases shall have the following
meanings:
“Buyer” means a person to whom the Company supplies goods or agrees to supply goods;
“Company” means Donohoe Motor Salvage Limited, Drumgoold, Enniscorthy, Co. Wexford.
“Conditions” means these conditions of sale and any additional terms agreed in writing between the Buyer and the
Company;
“Contract” means a Contract for the sale of Goods made by or on behalf of the Company with the Buyer;
“Goods” means every, or where the context so requires, any item of whatsoever nature which the Buyer buys or has
agreed to buy from the Company;
“Price” means the price agreed between the Company and the Buyer for the Goods.
The Company makes or gives no representations or undertakings (express or implied) as to the condition,
description, quality or performance of the Goods or as to their fitness for any purpose or any particular purpose. All
such representations and undertakings are specifically excluded.
No person other than an employee of the Company has express or implied authority to act as an agent of the Company.
The Company shall not be held liable for any statement or representation made by any person through whom the sale
may have been introduced, negotiated or conducted.
All conditions, warranties and representations, express or implied by statute, common law or otherwise in relation to
the supply, non-supply or delay in supplying the Goods are excluded to the extent permitted by law.
Subject to Condition 6, other than liability for death or personal injury arising from the negligence of the Company,
the Company shall not be liable for any loss, whether direct or indirect arising out of or in connection with the
Goods, the supply, non-supply or delay in supplying the Goods. Such loss shall include, without limitation, the loss of
actual or anticipated profits, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss or
damage incurred by the Buyer as a result of third-party claims, injury to reputation or other damage and any indirect,
special or consequential loss or damage howsoever caused even if the Company was advised of the possibility of
them in advance.
Without prejudice to Condition 5, the entire liability of the Company for any one claim or for a total of all claims
arising from any one act or omission on the Company’s part in connection with the Goods, the supply, non-supply or
delay in supplying the Goods, or otherwise in connection with these Conditions, whether in contract, tort (including
negligence or breach of statutory duty) or otherwise, is limited to the Price of the Goods the subject matter of the
claim.
Nothing in these Conditions shall operate to exclude or restrict the Company’s liability for:
1. Breach of the obligations arising from section 12 of the Sale of Goods Act 1980; or
2. Fraud or deceit
The Buyer hereby indemnifies the Company against all claims which may be made against the Company, whether
arising from the negligence of the Company or otherwise, for damages in consequence of, or arising out of any
defects in the Goods. If the Goods comprise a motor vehicle or trailer, the Buyer agrees that he will not use the
Goods on the road in Ireland or sell or supply, or offer to sell or supply, the Goods for use on the road in Ireland in a
condition that would be unlawful.
Where the Goods have previously been supplied by the Company, under the terms of a leasing agreement, to a
person (“Lessee”) it is a condition of the sale of Goods to the Buyer that:
1. The Buyer expressly undertakes that it is not, nor will it sell or procure the sale of or otherwise dispose of the Goods
  to any person who is a Lessee;
2. Notwithstanding condition 9 above, such Goods may be sold or disposed of to a person, provided that such person:
  1. . is a trader in Goods of the same kind of such Goods;
  2. purchases such Goods in the course of the said trade; and
  3. throughout the period during which the Goods belong to them, they will not permit a Lessee or any other person with
    any of the categories mentioned above to use such Goods;
Where the Goods comprise of plants and or work equipment (including any machinery, apparatus or two, the Buyer
undertakes:
1. to take sufficient steps (including such testing and examination as may be necessary) to ensure that the
  Goods are safe and without risk to health when properly used; and
2. to take such steps as are necessary to secure that there will be available in connection with the use of the
  Goods at work, adequate information about the use for which they are designed and have been tested and
  about any conditions necessary to ensure that when so used they will be safe and without risk to health; and
3. not to use the goods without regard to any relevant information, instructions or advice relating to their use
  made available by the designer, manufacturer, importer or supplier.
If required by the Company, the Buyer shall upon demand give an undertaking in such form as the Company deems
fit, to comply with any undertaking required of it by any Department of State or other authority.
Delivery of the Goods shall be at such premises at which the Goods are located at the time at which the Contract is
made unless otherwise notified in writing by the Company. The Buyer shall remove and transport the Goods at the
Buyer’s own expense within fourteen (14) days of the date on which the Contract was entered into and the Buyer
shall indemnify the Company in respect of any damage caused to third parties or any property belonging to third
parties occasioned thereby.
The Buyer shall pay the price by cash, cheque or electronic funds transfer in Euro to the Company within fourteen
(14) days from the date on which the Contract was entered into between the Company and the Buyer and the
following payment terms shall apply:
1. Time of payment is of the essence of a Contract;
2. The Buyer is not allowed to withhold payment of any amount due to the Company by way of any set-off or
  counterclaim; and
3. If the Buyer fails to pay any amount due to the Company on the due date set out in this Condition 13 herein,
  interest shall be added to such amount at a rate of 2% over the base rate for the time being that of the Euro
  BOR Rate for the period from and including the due date too and including the date of receipt (whether before
  or after Judgment).
The Company shall (if applicable) add to the price and the Buyer shall pay an amount equal to any value-added tax or
other sales tax or duty applicable from time to time to the sale or supply of such Goods.
If the Buyer refuses or fails to take delivery of the Goods in accordance with Condition 12, or if the Buyer fails to
pay the Price within the period set out in Condition 13 and continues in such failure for more than fourteen (14) days
thereafter, the Company shall be entitled to terminate the Contract with immediate effect, dispose of the Goods as the
Company may determine and to recover from the Buyer any loss and/or additional costs incurred as a result of such
refusal or failure (including, without limitation, storage costs from the due date of delivery).
Risk in the Goods shall pass to the Buyer upon delivery of the Goods. Title to the Goods shall pass to the Buyer:
1. Upon payment to the Company of the Price and all other amounts owed by the Buyer to the Company in
  respect of any other Goods or agreement; and
2. Where payment is made by cheque, the title shall not pass to the Buyer until the cheque has been honoured;
3. Where payment is made by electronic funds transfer, the title shall not pass to the Buyer until such funds are
  cleared in the Company’s account.
At any time before title to the Goods passes to the Buyer (whether or not any payments to the Company is then
overdue or the Buyer is otherwise in breach of any obligations to the Company), the Company may (without
prejudice to any of its other rights):
1. Re-take possession of all or any part of the Goods and enter any premises for that purpose (or authorise others
  to do so) which the Buyer hereby authorises; and/or
2. Require delivery up to it of all or any part of the Goods.
The Company may at any time appropriate sums received from the Buyer as it thinks fit, notwithstanding any
purported appropriation by the Buyer.
The procurement of certain Goods will require a supply of services. This may include but is not limited to, manual
labour, mechanical deconstruction, and physical preparation of the Goods to render them fit for purpose. A service
charge will be applied to all work carried out for such services rendered in addition to the cost of the Goods or
services. The Company is obliged to provide the basis for such additional costs at the date of the Contract.
If the Buyer invokes their right to cancel, then the Buyer shall pay the Company an amount which is in proportion to
the services that have been provided until the date upon which the Buyer has communicated to the Company their
cancellation of the Contract.
From the time of delivery until title in the Goods passes to the Buyer in accordance with Condition 16 above, the
Buyer shall insure the Goods for their full value with a reputable insurer and, if the Company so requests, ensure that
the Company's name is noted on the policy of insurance. Until title in Goods passes to the Buyer, the Buyer shall
hold the proceeds of any claim on such policy of insurance on trust for the Company and shall immediately account
to the Company with the proceeds.
If the Company is prevented, hindered or delayed from or in supplying the Goods under these Conditions by an event
beyond its reasonable control (“Force Majeure Event”), the Company may, at its sole discretion, and without being
liable for any loss or damage suffered by the Buyer as a result:
1. Suspend deliveries while the Force Majeure Event continues; or
2. Terminate any Contract forthwith by giving notice to that effect to the Buyer.
These Conditions shall govern and be incorporated into every Contract and shall prevail over any terms or conditions
(whether or not inconsistent with these Conditions) contained or referred to in any correspondence or documentation
submitted by the Buyer or elsewhere or implied by custom, practise or course of dealing.
The Buyer’s acceptance of delivery of the Goods shall constitute unqualified acceptance of these Conditions.
The Buyer may not assign or deal in any way with all or any part of the benefit of, or its rights or benefits under a
Contract without the prior consent of the Company.
The Company is at any time entitled to assign or deal with any benefit of any Contract or subcontract any work
relating to any Contract.
A notice given by one party to the other in connection with a Contract must be in writing and may be delivered
personally or by pre-paid first class post and in the case of post will be deemed to have been given two (2) days
after the date of posting. Notices shall be delivered or sent to the last known address of the parties or to any other
address notified in writing by one party to the other for the purpose of receiving notices in connection with a
Contract. Each party may specify by notice to the other a particular individual or office holder to whom any notice is
served on it or to be addressed, in which case a notice shall not be given unless so addressed.
If any of these Conditions are found by any Court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the other Conditions which shall remain in full
force and effect.
If any of these Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable
if some part of the provision were deleted, the provision in question shall apply with such modification as may be
necessary to make it valid and enforceable.
A person who is not a party to the Contract shall not have any rights to enforce any term of such Contract.
The rights and remedies provided by any Contract may be waived only in writing and referred to specifically, and
any failure to exercise or any delay in exercising a right or remedy by the Company shall not constitute a waiver of
that right or remedy or any other rights or remedies. A waiver of any other breach or default shall not affect the
other terms of such Contract.
No variation or alteration of any of the provisions of a Contract or of these Conditions shall be effective unless it is in
writing and signed by, or on behalf of, each party.
The Contract of Sale of the Goods and Supply of Services shall be construed in accordance with the prevailing Irish
Law and each party irrevocably agrees that all disputes arising under it shall be determined by the exclusive
jurisdiction of the Irish Courts.
NO RETURN ON ELECTRICAL ITEMSIn relation to the purchase of any electrical items, that is, anything that works off the 12 Volt System, there shall be a
no returns policy in respect of same. It is a matter for the Buyer to entirely satisfy themselves that all electrical items
are in working order before purchasing the same because once purchase is complete, the Buyer is accepting that same
cannot be returned and that the item has been fully checked by them and is in proper working order.
ENGINES
Buyers must state if ancillaries are required. If a request has been made, stating complete engine is wanted, this means
head, block and sump, it does not mean with ancillaries as these may be sold separately, ancillaries left on the engine,
such as water pump, sensors, manifold's, engine mounts, hoses, belts, covers, injectors, glow plugs etc are given free
of charge and are not covered by this guarantee. All engines purchased must be fitted with a new timing belt/cam
chain/chain/water pump and filled with new oil upon installation. Failure to follow this procedure will result in the
guarantee/warranty being rendered null and void.
ECU Kits
ECU Kits are sold as complete kits and there are no returns.
DOORS
Buyers must state if ancillary parts are required. The sale of a door does not include glass but may come with glass or
other ancillary parts. The glass and ancillary parts are given free of charge but are not covered by any
guarantee/warranty. In the event of the glass breaking during shipping, the glass is never covered as part of the
courier’s insurance.
BUMPERS
Customers must state if ancillary parts are required the sale of a bumper does not include grills or any other ancillary
parts but may come with them attached. The ancillary parts are given free of charge but are not covered by any
guarantee/warranty.
BUYER BEWARE
The rules of Caveat Emptor apply to any purchase completed on the Company herein.
SECOND-HAND PARTS
In the event, the parts are ordered that are second-hand parts and the purchase of same requires labour in relation to
the obtaining/removal of the same from a vehicle then a deposit fee of 50% shall be retained for the labour and
removal of the parts involved. The balance of monies will be payable upon collection of the item by the Buyer as
per Condition 12 above.
There is a non-refundable deposit of 50% of the purchase price of the item requested.
In the event that the item is not collected within six (6) months of the order, the deposit shall be forfeited, the
parts moved, and the agreement shall be at an end.
Please check all Goods delivered by Courier. If any Goods, or part thereof, purchased are not to standard, please do
not sign for them.
WITHDRAWAL OR COOLING-OFF PERIOD
(Please refer to the attached ‘Right to Cancel’)
The Buyer has a right to cancel a Contract within fourteen (14) days in respect of any Goods that have been ordered
online, by catalogue or over the phone if they change their mind, and the Buyer is entitled to a full refund for the cost
of the Goods. A Contract may be withdrawn/cancelled within fourteen (14) days from the date of the Contract or
alternatively, within fourteen (14) days from the date of receipt of the Goods, strictly on the basis:
1. That notice of withdrawal/cancellation is made by the Buyer to the Company within the fourteen (14) day
  notice period; and
2. That, if the Goods have already been delivered, same are to be returned in the same condition as received, free
  from defects; and
3. That if the Goods are in the possession of the Buyer at the date of cancellation, said Goods must are returned
  to the Company within fourteen (14) days from the date of cancellation; and
4. That the Buyer is liable for the cost of the return of the Goods to the Company.
There is to be no smoking on site.
Anybody entering on to the site must comply with the rules and regulations as indicated at the entrance to the site.
They must report to the site officer on the first instance, and they must also wear a high visibility jacket at all times on the site all parties enter at their own risk entirely and they must comply with the request of the company or that of
its employees immediately in relation to their entrance and conduct on the site.

RIGHT TO CANCEL
Pursuant to the Consumer Right Act, 2022

The Buyer has the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation
period will expire after fourteen (14) days from the date on which the Company acquires, or a third party other than
the Courier and indicated by the Buyer acquires, physical possession of the Goods.

To exercise the right to cancel, the Buyer must inform the Company of the Buyer’s decision to cancel the Contract by
an unequivocal statement such as an e-mail or a letter sent by post.

To meet the cancellation deadline, it is sufficient for the Buyer to send communication concerning their exercise of
the right to cancel before the cancellation period has expired. It is entirely at the Company’s discretion to consider
any cancellations communicated after the expiration of the notice period.

If the Buyer cancels the Contract, the Company will reimburse all payments received (with the exception of the cost
of delivery and supplementary costs resulting from the Buyer’s choice of a type of delivery other than the least
expensive type of standard delivery offered), without undue delay and in any event not later than fourteen (14) days
from the day on which the Company is informed of the Buyer’s decision to cancel this Contract, the Company will
carry out such reimbursements using the same means of payment as used for the initial transaction, unless expressly
agreed otherwise; in any event, the Buyer will not incur any fees as a result of such reimbursement. The Company is
entitled to withhold reimbursement, where necessary, until the Goods have been returned and received or until evidence
has been supplied of having returned the Goods whichever is the earliest.

The Buyer is required to return the Goods or hand them over to the Company at Drumgoold, Enniscorthy, Co.
Wexford, where applicable, or by a person so authorised to receive the Goods, without undue delay and in any event
not later than fourteen (14) days from the day on which the Buyer communicates the cancellation of the contract to
the Company the deadline is met if the Goods are sent back before the period of fourteen (14) days has expired.

The Buyer will bear the direct cost of returning the Goods.

The Buyer is liable for any diminished value of the Goods resulting from the handling of the Goods beyond that
necessary to establish their nature common characteristics and functioning.

If the Buyer requests the Company to begin the performance of services or the supply of services upon entering the
Contract, the Buyer shall be liable for an amount which is in proportion to the services that have been provided up to
and including the date of communication of cancellation of this Contract in comparison with the full coverage of the
Contract.