TERMS & CONDITIONS

1).   General

All goods are supplied by Advoco Technologies subject to these "TERMS AND CONDITIONS OF TRADE". The relaxation or waiver by Advoco Technologies of any of these terms and conditions on any occasion shall act merely as a waiver on that occasion and shall not affect Advoco Technologies' right to enforce any of these terms and conditions on any subsequent occasion. Any variation of these terms and conditions must be confirmed in writing by Advoco Technologies and will not otherwise be valid.

Any description given by Advoco Technologies of goods is given by way of identification only and the use of such description shall not constitute a contract of sale by description.

2).   Pricing

Quotations represent no obligation until Advoco Technologies accept the Customer's order. All orders are accepted for execution at prices current at the date of dispatch.

Prices are subject to change or withdrawal without notice.

3).   Payment

Unless stated otherwise, all prices are exclusive of V.A.T. which shall be charged at the current rate as of date of order.

Terms of payment are strictly cash with order unless a credit account has been established with Advoco Technologies. Where a credit account has been established with Advoco Technologies, payment must be made for each instalment of goods delivered within 30 days after delivery (whether the goods delivered are the whole or only part of the goods ordered). Advoco Technologies reserve the right at our complete discretion to refuse to establish credit account facilities.

Any failure to make payment when due (including, and without limitation, where any cheque provided by a Customer by way of payment is dishonoured or where any direct arrangement is cancelled) will incur an immediate administration charge of 30.00 + V.A.T., payable in addition to the outstanding payment due.

Interest at an annual rate of 5% above the rate charged by AIB bank will accrue daily and be calculated on a daily basis on overdue account from the due date until payment.

Where the Customer makes default under the contract or any other contract with Advoco Technologies in payment on the due date of any sum due to Advoco Technologies, Advoco Technologies without liability may postpone to any right or remedy which Advoco Technologies may have against the Customer in respect of such default.

The customer shall repay to Advoco Technologies forthwith on demand all expenses, costs or charges incurred by Advoco Technologies in enforcing any of the provisions of this agreement (including without limitation any legal and/or debt collection costs).

4).   Cancellation and Returns

In the event of the cancellation of an order, Advoco Technologies reserve the right without prejudice to charge up to 100% for stock being held by Advoco Technologies pending shipment, up to 100% for items which Advoco Technologies cannot cancel delivery from our supplier and up to 50% for the remaining balance. In particular (but without limitations), in the event of cancellation by the Customer of part only of an order, Advoco Technologies shall be entitled to recalculate the price where the un-cancelled part of the order as if it constituted the whole order, and to re-invoice the Customer accordingly.

No returns will be permitted without our prior consent in writing, and must be returned at the Customers expense in original condition and the original packaging. Only complete quantities will be accepted. If Advoco Technologies agree to accept a return, other than in the event of defective goods, the Customer will be charged a handling charge of 20% of invoice value plus V.A.T (if charged on original order).

5).   Delivery

Any time or date quoted by Advoco Technologies for delivery is given and intended as an estimate only. Whilst every endeavour will be made to meet an estimated time of delivery for delivery, Advoco Technologies shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.

Advoco Technologies reserve the right to deliver by instalments against any off-line order. Web orders are shipped as complete orders only.

Non-delivery must be reported immediately in writing to Advoco Technologies and to the carriers within 2 days of the date of despatch (Ireland only).

Where Advoco Technologies tender delivery in accordance with the contract and the Customer either refuses to accept delivery at that time or subsequently returns the goods without good cause, the Customer shall be deemed to be in breach of the contract and Advoco Technologies shall be entitled to treat the order or any relevant part to of it as cancelled by the Customer (without prejudice to any other rights Advoco Technologies may have).

6).   Inspection

When the goods are delivered to the Customer, without any previous examination by the Customer, the Customer shall inspect them immediately on arrival and shall within 7 days of such inspection, give written notice to Advoco Technologies of any matter or thing by reason of which the Customer may allege that the goods are not in accordance with the contract. If the Customer shall fail to give such notice, the goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for them accordingly.

Goods which are "dead on arrival" must be returned to Advoco Technologies within 7 days of delivery.

It is the Customers responsibility to check all packages for evidence of tampering and/or damage before signing to accept delivery of the goods. If the Customer signs to accept delivery of the goods (whether in the form of the carrier standard delivery note or otherwise), the Customers claim in respect of any short shipment or damage to the goods in transit will be deemed to have been waived and will be absolutely barred.

7).   Ownership

Until the Customer makes payment in full for the goods, the legal and equitable ownership of the goods remain with Advoco Technologies, not withstanding delivery thereof to the Customer, until Advoco Technologies has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by us to the Customer for which payment is due.

8).   Passing of Risk

Not withstanding that ownership of the same may remain with Advoco Technologies, as from the time of delivery of the goods to the Customer the risk of any loss or damage of the goods from whatever cause arising shall be borne by the Customer.

9).   Storage

If the Customer fails to take delivery of the goods when they are ready for delivery Advoco Technologies may, at its option, either store them itself or have them stored by 3 rd parties on such terms as Advoco Technologies may in its absolute discretion think fit. In any event, the cost of storage may be borne by the Customer and insofar as the storage is done by Advoco Technologies, then such costs will be Advoco Technologies store charges currently at the time of storage. The costs all together with any additional insurance or double handling charges will be added to the price of the goods.

10).   Default

If the Customer makes default in any payment on the due date (time being of the essence) or as otherwise in breach of any of these terms, or if (being an individual) the Customer commits an act of bankruptcy or has a receiving order made against them or (being a company) enters into liquidation (whether compulsory or voluntary) or has a receiver or manager appointed to the whole or any part of its business or undertaking, or if distress or execution is levied or threatened upon any of the Customers property, then in any such case (and without prejudice to any other rights Advoco technologies have):

A). Advoco Technologies shall be entitled to repossess and resell goods delivered to the Customer and not paid for in full and for that purpose to enter upon the property in which they are situated.

B). Advoco Technologies shall be entitled to suspend all further deliveries to the Customer until the default is made good or to refuse to deliver any further goods to the Customer and to resell any further goods ordered by the Customer whether they are the balance of the order or the whole part of a further order.

C). The Customer shall in any event be liable to make good to Advoco Technologies our loss of profit on all such goods and all costs and expenses of repossession, storage, insurance and sale and to pay to Advoco Technologies interest as provided above until actual payment.

11).   Use of Goods

The Customer acknowledges that they are exclusively responsible for detailing the specification for all goods ordered from Advoco Technologies, for ascertaining the use for which the goods will be put, and for determining the goods ability to function for that purpose. Accordingly (and without limiting the generality of the previous condition), Advoco Technologies have no liability arising out of any advice given by Advoco Technologies to the Customer relating to the Customers requirements in respect of any goods.

12).   Irish Law

The information, interpretation of the contract will be subject to Irish law and the Customer submits itself to the non-exclusive jurisdiction of the Irish courts.