Terms of service
WILDHUNTER WHOLESALE – TERMS & CONDITIONS OF SALE (B2B)
LR Active Ltd t/a Wildhunter Wholesale
Gardenvale, Athlone, N37 X8H2, Ireland
Email: contactus@wildhunter.eu
- Definitions
“Seller” means LR Active Ltd trading as Wildhunter Wholesale.
“Buyer” means the business customer purchasing goods from the Seller.
“Goods” means all goods supplied by the Seller to the Buyer.
“Contract” means the agreement for the sale of Goods incorporating these Terms. - Application and acceptance
2.1 These Terms apply to all quotations, sales and supplies of Goods by the Seller to
the Buyer and override any terms proposed by the Buyer.
2.2 A Contract is formed only when the Seller accepts an order (in writing, by email,
by issuing an invoice, dispatching Goods, or otherwise).
2.3 The Buyer confirms it is purchasing in the course of business.
3. Prices
3.1 Prices are as stated on the Seller’s price list/website or quotation at the time of
acceptance and are exclusive of VAT unless stated otherwise.
3.2 The Seller may correct clerical/typographical errors and may cancel or amend
orders where pricing is clearly erroneous.
4. Payment terms and credit (30 days)
4.1 Unless otherwise agreed in writing, payment is due within 30 days from invoice
date.
4.2 The Seller may set, vary or withdraw credit limits at any time and may require
payment in advance.
4.3 If any amount is overdue, the Seller may suspend further deliveries, cancel any
outstanding orders, and/or require immediate payment for all sums due.
5. Late payment, interest and recovery costs
5.1 Overdue amounts may accrue interest at 1.5% per month (or the maximum rate
permitted by law), calculated daily, from the due date until payment in full.
5.2 The Buyer shall reimburse the Seller for all reasonable costs of recovery,
including debt collection fees, legal costs and administrative costs, incurred in
recovering overdue sums.
6. Delivery
6.1 Delivery dates are estimates only. Time is not of the essence unless agreed in
writing.
6.2 The Seller may deliver in instalments. Each instalment is a separate obligation to
pay.
6.3 The Buyer must inspect Goods on delivery. Claims for shortages, delivery damage
or incorrect Goods must be notified in writing within 48 hours of delivery, otherwise
the Goods are deemed accepted.
7. Risk and title
7.1 Risk in the Goods passes to the Buyer on delivery.
7.2 Title to the Goods does not pass until the Seller has received payment in full for:
(a) those Goods; and
(b) all other sums owed by the Buyer to the Seller on any account (the “all monies”
basis).
8. Retention of title (ownership) and repossession
8.1 Until title passes, the Buyer shall:
(a) hold the Goods as the Seller’s property and keep them identifiable and separate
from other goods where reasonably practicable;
(b) store the Goods so they remain readily identifiable as unpaid Goods supplied by
the Seller;
(c) keep the Goods in good condition and insured for their full replacement value; and
(d) not pledge, charge or otherwise encumber the Goods.
8.2 If payment is overdue, or if the Buyer becomes insolvent or a
receiver/examiner/liquidator is appointed, the Seller may, without prejudice to any
other rights, repossess the Goods to which it retains title. The Buyer authorises the
Seller (and its agents) to enter any premises where such Goods are stored for the
purpose of inspection and repossession.
8.3 If the Buyer sells the Goods before title passes, it shall hold the proceeds of sale
(or an equivalent amount) on trust for the Seller and shall account to the Seller for
such proceeds.
9. Returns
9.1 No Goods may be returned without the Seller’s prior written authorisation.
9.2 Authorised returns must be unused, in original packaging, and accompanied by
the Seller’s delivery note/invoice details.
9.3 Unless the return is due to the Seller’s error or a confirmed defect, returns may be
subject to a handling/restocking charge and the Buyer is responsible for return
carriage.
10. Defects and warranty
10.1 The Seller warrants that Goods will correspond materially to their description at dispatch.
10.2 Where a manufacturer’s warranty applies, the Buyer’s remedy may be limited to repair, replacement or other remedy provided by the manufacturer.
10.3 The Seller is not liable for defects arising from misuse, incorrect installation,
abnormal storage conditions, fair wear and tear, or unauthorised repairs/modifications.
10.4 The Buyer must notify defects within a reasonable time and provide
evidence/return the Goods for inspection if requested.
11. Limitation of liability
11.1 Nothing in these Terms limits liability for death or personal injury caused by
negligence, fraud, or any liability that cannot be excluded by law.
11.2 Subject to clause 11.1, the Seller shall not be liable for indirect or consequential
loss, loss of profit, loss of business, loss of goodwill, or loss of anticipated savings.
11.3 Subject to clause 11.1, the Seller’s total liability arising out of or in connection with any Contract shall not exceed the invoice value of the Goods giving rise to the claim.
12. Cancellation
12.1 Orders may not be cancelled without the Seller’s written agreement. If
cancellation is accepted, the Seller may charge any costs incurred and a reasonable cancellation fee.
13. Force majeure
The Seller shall not be liable for delay or failure to perform due to events beyond its reasonable control, including (without limitation) supplier failure, transport
disruption, fire, flood, extreme weather, industrial disputes, or governmental action.
14. Confidentiality
Trade terms, pricing and any non-public information disclosed by the Seller are
confidential and may not be disclosed by the Buyer without the Seller’s consent,
except as required by law.
15. Data protection
The Seller will process personal data in accordance with applicable data protection law. Where the Buyer provides personal data (e.g., delivery contact details), it confirms it has a lawful basis to do so.
16. Governing law and jurisdiction
These Terms and all Contracts are governed by the laws of Ireland. The courts of
Ireland shall have exclusive jurisdiction.
17. Contact
LR Active Ltd t/a Wildhunter Wholesale
Gardenvale, Athlone, N37 X8H2, Ireland
Email: trade@wildhunter.eu