TERMS AND CONDITIONS OF TRADING
The Agreement means the rental agreement entered into between the Supplier and the Customer. Supplier means Celtic Linen Limited or any of its subsidiaries or associated companies.
Customer means the person or persons or body corporate named on the Agreement.
Goods means any goods rented, purchased or hired from the Supplier by the Customer in connection with the Agreement and any goods added thereto or substituted therefor pursuant to the Agreement. This includes Linen, trolleys and handling equipment used in the delivery, collection and storage of Linen.
Linen, in the context of the Agreement linen is a generic term of the trade covering materials of whatever type of textile that may be applicable to the goods in the specific context in which the term is used in the Agreement.
Special Items special Items are textiles for rental not suitable for use as part of pool stock rental service to either hotels or hospitals. This includes goods branded or otherwise marked in a manner dedicated to sole use by the Customer or the Customer’s customers.
Pool Stock means Linen available for rental to multiple Customers and not dedicated to one particular Customer. Installation is the occasion of the first delivery of Goods to the Customer.
The Supplier agrees to supply, install, let on hire or rental, as may be appropriate, at the Customer’s premises, the goods.
The Agreement shall, in all cases, be subject to the Supplier’s rental charges, as set out in the schedule and otherwise to the charges from time to time made by the Supplier for any goods supplied pursuant to the Agreement which said charges shall be liable to increase by the Supplier at any time (7 days notice of any change in the amount thereof first having been given to the Customer).
4 Period to Which Rental Charges Apply
Agreed linen rental charges, as per the schedule or revised due to price increase, are for a maximum period of two weeks and any items that are held by the customer beyond this period will incur an additional rental charge for each two week period thereafter.
Subject to Clause 3, the terms of payment shall be weekly at the prices current at the date hereof (which prices are available on request from the Supplier and a list of which the Supplier has furnished/shall endeavour to furnish to the Customer with the Agreement). The Supplier will remit invoices and statements in electronic format.
Payment shall be by either variable direct debit or electronic funds transfer. Should the Customer change the payment method from variable direct debit or electronic funds transfer, all prices will increase by 5%.
In the case of a new Customer and during the first six months of the Agreement, invoicing shall be weekly and payment shall be received electronically in the Supplier’s bank account by noon on the 7th day after the date of invoice. Subsequent to the first six months of the Agreement, or in the case of an existing customer signing a new Agreement and when the Customer is in compliance with payment terms, the payment shall be due on the 30th day after the date of invoice. When the Customer requests additional administration services the Customer shall pay to the Supplier administration charges outlined in the schedule in Clause 26.
6 Credit Terms
In the event that a Customer does not make payments to its account in accordance with the credit terms, then without prejudice to any other remedy, the Supplier shall be entitled to add a once-off levy to that Customer’s account equal to 5% of the balance due on the account on the date it ceases to be in accordance with the credit terms (the credit expiry date). In the event that the account is not cleared beforehand, then as and from three months after the credit expiry date (the interest date) interest shall accrue on the amount outstanding on the account and on the 5% levy added thereto at the rate of 4% above Euribor per annum, both before and after any judgement obtained by the Supplier against the Customer. The parties hereto accept that these credit terms applicable to the Customer’s account are not of a penal nature but in keeping with the commercial transaction.
7 Value Added Tax
All sums becoming due and payable (whether by way of rental or otherwise) under and by virtue of the Agreement are liable to VAT which will be charged in accordance with prevailing legislation.
8 Invoice Queries
The Customers shall raise any queries on an invoice within seven days of receipt of invoice.
9 Retention of Title, Insurance and Care of Goods
The goods shall remain the property of the supplier but the risk of the goods shall be with the customer while in the Customer’s care, custody and control. The Customer hereby undertakes to indemnify and keep indemnified, the supplier against all loss of and damage howsoever caused to or by the goods. The Customer agrees to notify his insurance company of this risk/liability which continues through the duration of the agreement. The goods must be insured on a replacement value basis in an amount equal to the price to be paid therefore. The Customer must hold as fiduciary upon trust for the Supplier absolutely the proceeds of any successful insurance claim.
10 Laundering and Quality
The goods shall be cleaned, laundered and serviced only by the Supplier which will be achieved through tried and tested processes. Every effort will be made to maximise the usable rental items supplied, however given the nature of the service provided a 95% usable level of the total quantity delivered over the duration of the contract is deemed acceptable by both the customer and the supplier and no credit will be given for the rejected quantity of up to 5%.
11 Contract Term
The Agreement comes into force when signed by duly authorised representatives of both the Supplier and the Customer and shall remain in force until terminated. The Agreement will continue for 36 months from the date of Installation, terminable thereafter by eight weeks notice in writing on either side.
12 Early Contract Termination
The Customer may only withdraw from the contract before the completion of the minimum period with the Supplier’s consent and on a lump sum payment of 30% of the expected invoice value for the remainder of the minimum period. This is essential due to the substantial set-up costs incurred by the Supplier.
13 Special Items
The Customer will pay for any Special Items held by the Supplier on his behalf at the end of the contract period or in the event of the Customer deciding that the Special Items are no longer required. The Shall waive the requirement for payment for Special Items that are 36 months old or older.
14 Access to Goods
The Customer hereby grants to the Supplier access to the goods at all times to check and inspect stock wherever same may be located.
15 Sizes and Specifications of Linen
All quoted sizes and specifications for garments and linen are indicative and based on new items and subject to normal shrinkage in processing.
16 Ordering Linen
The Customer shall order Linen by Standing Order, by Variable Standing Order or by use of Web Portal.
17 Soiled Linen
The Customer will pack, label and document all soiled linen in accordance with the Supplier’s requirements prior to collection
18 Return of Clean Linen
Unused or clean Linen returned by the Customer to the Supplier, whether at termination of the Agreement or otherwise shall not be liable to a refund or credit from the Supplier. The reason for this is that returned linen is not suitable for rental to another customer without processing in the same manner as soiled linen.
The Supplier guarantees the goods against defective manufacture, defective workmanship, natural defects or damage arising from fair wear and tear only and any repairs necessary arising from these factors will be carried out free of charge. However, the Supplier reserves the right to charge for any repairs or damage which, in its opinion, have been caused by fire, explosion, weather conditions, lightning, earthquake, storm or flood, drought, humidity, subsidence or landslip, impact of any description, riot, civil commotion, strikes, disturbances, lockouts, industrial disputes, malicious persons or vandals, actions or interference by third parties, delay in transit, accidents, unforeseen hindrances or circumstances, shortages of material, acts of God, the negligent, careless or reckless use or misuse of the goods or the state of repair or condition of the premises where the goods may be.
20 Expectation to Guarantee
Notwithstanding Clause 19, the Supplier will not give the guarantee therein, should the Customer require goods that the Supplier does not recommend.
21 Flame Retardant Goods
It should be noted that goods are not represented to be flame retardant unless specifically stated in the schedule attached to the rental agreement.
No repairs of any description to any damaged goods shall be undertaken except by the Supplier or with the Supplier’s express permission.
23 Location of Goods
The Customer will only use rental goods at pre-agreed locations and must seek permission in writing in the event of any change in the location of same. On agreement the supplier reserves the right to vary the charges at any time if the goods are moved to a geographical area for which different charges are applicable.
24 Liability Limitation
The Supplier shall not be liable for any breach of the Agreement or any loss or damage howsoever arising from any of the causes specified in Clause 19 above.
25 Alteration of Customer Legal Status
If the Customer in any way alters its legal status, then the Agreement shall be determinable at the exclusive option of the Supplier and the Customer hereby undertakes to notify the Supplier of any intention to change its legal status, (e.g. becomes or ceases to become a corporate entity or similar change) to the intent that a new Agreement may be entered into between the parties under the new status of the Customer.
26 Schedule of Administration Charges
A direct debit or cheque is not honoured by the customer’s bank – €65.00
Reprint or additional electronic copy of Invoice, Statement or Proof of Delivery – €10.00 per document
Print or electronic copy of Transaction list or other Administration services – €10.00 per document
Payment by method other than Electronic Funds Transfer or Direct Debit – €10.00 per transaction
Linen ordering by method other than identified in Clause 16 – €10.00 per transaction
27 Identification Marks
28 Limits to Supplier Liability
The Supplier shall not, in any event, be liable:
For any loss of profits suffered by the Customer nor
For the late or non-delivery of goods whether or not resulting from negligence of the Supplier, its servants or agents or from the causes set out in Clause 15 hereof.
The Customer shall indemnify the Supplier against all claims which may be made against the Supplier or costs incurred by the Supplier arising from:
Any defect in the goods which was or should have been apparent to the Customer on reasonable examination prior to the use of the goods by the Customer or
Use of the goods by the Customer, its servants or agents otherwise than in the normal and proper manner, whether or not resulting from the negligence of the Supplier or its servants or agents.
The Agreement with the Customer is personal to the Customer and may not be assigned by the Customer without the express written consent of the Supplier. The Supplier may assign the benefit and burden of this agreement at any time without prior notice to the Customer.
31 Validity of the Agreement
The invalidity in whole or in part of the terms of this agreement shall not affect the validity of any other term and all remedies available to either party for breach of contract are cumulative and may be exercised concurrently or separately.
32 Legal Environment
The agreement shall be governed by the Laws of Ireland.
33 Consumer Rights – Sale of Goods Act 1893
The Supplier declares that in cases where the Customer is a consumer, that the Customer’s contractual rights under and by virtue of Sections 12, 13, 14 and 15 of the Sale of Goods Act 1893, are to be in no way prejudiced by the terms and conditions of the within Agreement of any of them.
The Supplier declares that in the case of the Customers who are not consumers, any exclusion or restriction of the rights conferred by Sections 13, 14 and 15 of the Sale of Goods Act 1893, which may be occasioned as a result of the within Agreement, are subject to Section 55 of the 1893 Act as amended.
34 Claims in Respect of Delivery
Claims in respect of the quality, condition or maintenance of service or shortage of goods or scheduled goods supplied or delivered or for any other reason, shall only be considered on the following terms:
That the Supplier has the opportunity to inspect the source of the claim.
That the Supplier is notified in writing of such claims within 7 days of the date of the invoice relating to the items in question.
35 Alterations to the Agreement
No representation or statement not contained in the Agreement shall be binding on the Supplier. No alteration, waiver or modification of the printed terms of the Agreement shall be binding on the Supplier unless agreed to in writing by the Supplier.
36 Documentary Records
The Customer hereby agrees (in view of the fact that details, quantities, current prices and current rental charges of/for the goods may vary throughout the course of trading between the parties hereto) that the goods and the relevant prices/rental charges, the subject matter of the Agreement, shall be as vouched by the documentary records (i.e. invoices, statements, correspondence, quotations, receipts, price lists, rental charge list and such like) of the Supplier and in the event of any dispute between the parties as to these matters such evidence as the Supplier may furnish shall be binding and conclusive as between the parties hereto.
37 Reimbursement for Work Done and Expense Incurred
For avoidance of doubt as and from the date hereof, the Customer shall be liable to reimburse the Supplier for work done and expense incurred by the Supplier in pursuance of the Agreement up to the date of lawful termination hereof in accordance with the terms hereof. Without prejudice to the general application of this Clause, the Customer’s attention is drawn to the fact that Special Items involves the Supplier in expenses which are unlikely to be recoverable by the Supplier in the normal course of business.
38 Dispute Resolution
Any dispute or difference of any kind whatsoever which arises or occurs between the parties hereto in relation to any thing or matter arising under, out of or in connection with, the course of trading between parties hereto shall be referred to Arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators – Ireland Region.
1 Who We Are
We are Celtic Linen Ltd (“we” or “us”). We respect your right to privacy and are committed to protecting and respecting your privacy.
This Privacy Statement, along with our Website T&C and Cookies policy sets out the basis on which any of your personal data, we collect from you or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we treat it.
By using this website, you signify acceptance of this Privacy Statement. If you do not agree with or you are not comfortable with any aspect of the Privacy Statement, your only remedy is to discontinue use of the website. We reserve the right to modify this Privacy Statement at any time. Your continued used of any portion of the website following notification or posting of such changes will constitute your acceptance of those changes.
The following discloses our information gathering and dissemination practices relating to this website. In order to fully understand your rights, we encourage you to read this Privacy Statement and to consult our T&C’s. Each time you used this website you will be bound by the then current Privacy Statement and you should review this each time you use the website to satisfy yourself that you are happy with it.
This website may, from time to time, contain links to and from the websites of third parties. Any external links to other websites are clearly identifiable as such and we are not responsible for the content or the privacy statements of these other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We are a data controller for the purpose of the Irish Data Protection Acts 1988 and 2003 (“Acts”). Our registered address is Rosslare Road, Drinagh, Wexford, Ireland. Y35 Y20F.
2 Information We May Collect About You
We may collect and process the following information about you:
- Information that you or others provide by filling in forms on our website or which you or they otherwise provide to us.
- If you contact us, we may keep a record of that correspondence.
- Telephone calls may be recorded. This is to verify your information, for our staff training, regulatory and for service quality purposes.
- Information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to us. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
4 What We do With Your Information
We use information held about you in the following ways:
- to provide laundry and other related services, products and facilities to you;
- to assess eligibility and credibility for the services, products and facilities we offer;
- to implement any contracts we have entered into with you; and
- to conduct credit searches with credit reference agencies in order to provide credit facilities and, where necessary, for fraud prevention and debt recovery.
We may also use information about you to notify you about changes to our services to which you have subscribed or to provide you with information about products or services that you request from us or, where you have agreed to us doing so, which we feel may interest you. We may use anonymised or statistical information to analyse our website and services and to make improvements or other adjustments to them. We do not, without your consent, disclose information about identifiable individuals to third parties, but we may provide anonymised statistical data to them for research and survey purposes.We may disclose your personal information to approved contractors or sub-contractors working on our behalf.If you do not want us to use your data in this way, please contact us by sending an email to email@example.com. You may change your preferences at any time by sending an email to firstname.lastname@example.org and amending your preferences accordingly.We may also disclose your personal information to third parties if;
- we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect our rights, property, or safety and that of our users, or others or;
- as part of a due diligence exercise or sales process or other corporate transaction connected with us.
5 Where We Store Your Personal Information
It is possible that some of the information about you that we hold may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us, one of our suppliers. Any processing outside of the EEA is covered by an adequacy decision, on the basis of article 45 of Regulation (EU) 2016/679, and the processors are GDPR compliant. For instance, if it is necessary to do so to complete a transaction, your personal information (e.g. name and account details) may be sent to a third party or one of our contracted suppliers outside the EEA.
By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy statement.
6 Your Rights
You have rights under the Irish Data Protection Acts 1988 and 2003.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
You also have the right to access information held about you. Your right of access can be exercised in accordance with the Acts. Any access request may be subject to a statutory fee to meet our costs in providing you with details of the information we hold about you. You also have the right to have changed any inaccuracies in the details we hold about you. In certain circumstances, you also have the right to object to the use of your data and the right to block any specific uses of your data.
7 Usage of Our Website
You may not use this Site or the Celtic Linen Ltd. content for any purpose not related to your business with Celtic Linen Ltd.. You are specifically prohibited from: (a) copying, or re-transmitting any or all of the Site or the Celtic Linen Ltd. content without, or in violation of, a written license or agreement with Celtic Linen Ltd.
8 Changes to Our Privacy Statement
Any changes we may make to our privacy statement in the future will be posted on this page.
9 Contact Us
Questions, comments and requests regarding this privacy statement are welcomed and should be addressed to firstname.lastname@example.org
If you would like details of our Data Privacy and Protection policies please contact email@example.com