Terms and Conditions
1. Definitions
In these Terms and Conditions of Sale, CFI means Companies Formations International Ltd. The "Customer" means the individual, firm or company whose name appears on the invoice overleaf. "Contract Price" means the total price for the goods and services provided by CFI.
2. The Contract
(a) Any contract between CFI and the Customer will incorporate and be subject to these Terms and Conditions of Sale and no other terms or conditions shall be binding on CFI unless they are expressly agreed in writing by a director of CFI.
(b)The Customer's order will be treated as accepted only when CFI have been returned an order form signed by the Customer and all forms required under the Companies Acts 1963 to 2001 (or any amendment thereto) properly completed and signed. No other action on the part of CFI, it's employees, servants or agents shall be deemed to constitute acceptance of the Customer's offer.
(c) The Customer acknowledges that he has entered into the Contract with CFI subject to these conditions as a principal and not as an agent for or on behalf of any other person and accepts personal liability for the payment of CFI's fees, stamp duties and outlay in connection with the provision of the service of the Customer.
3. Prices
The Contract Price is inclusive of Value Added Tax, Stamp Duty and Companies Registration Office fees current at the date of order; any increase in the rate of Value Added Tax, Stamp Duty or Companies Registration Office fees between the date of order and the date of invoice shall be added to the Contract price.
4. Terms of Payment
(a) Where the Customer is a firm of professionally qualified solicitors or accountants the Contract Price shall be due 30 days after the date of invoice.
(b) In all other cases, payment of the Contract Price shall be due on the date of order.
(c) Overdue accounts will be liable to interest on the outstanding amount as well after as before judgement on a day to day basis at a rate of 3% per annum above the Bank of Ireland's annual base rate from time to time applicable, from the day any such sum becomes overdue until the sum due is paid in full together with any interest that may have accrued and for this purpose payment shall be deemed not to have been made until any cheque tendered by the Customer has been cleared and the proceeds credited to CFI's bank account.
5. Exclusions
(a) The estimated completion date of the service to be rendered by CFI is only a bona fide business estimate and shall not be of "essence" but CFI will use all reasonable endeavours to comply with the estimated completion dates.
(b) CFI shall only be liable to the Customer for any non-compliance, mis-representation or mis-compliance with the instructions given to if, if it is proved that the same was caused by the wilful neglect or wilful default of CFI or its servants. The extent of CFI's liability in respect of such non-compliance, mis-representation or mis-compliance shall not exceed the amount of the Contract Price and in non circumstances will CFI be liable for any consequential loss or loss of profits howsoever arising as a result of the above.
(c) Should any new company formed by CFI on the instructions of the Customer be required to change its name by the Registrar of Companies subsequent to its formation, CFI shall not be liable for the cost of compliance with such requirement or any consequential loss howsoever arising.
(d) CFI gives no warranty that the name of the Company does not infringe any trade mark of a third party nor does CFI warrant that the name of the Company transferred will not give rise to an action for passing off.
(e) Under the Companies Acts 1963-2001 obligations are imposed on companies in relation to the filing of documents. The information supplied herein, by the company, is based on information taken from the said files. Account must be made for the fact that documentation may have been filed in the Companies Registration Office, which may not be present on the file at the date of carrying out the said report.
(f) All information is furnished by the Company to the Customer for private use only and is supplied in confidence. The Customer agrees with the Company that all such information is supplied on the express understanding that the Company is not, nor can it be held responsible for any damage or loss arising from insufficient or inaccurate information furnished to the client, whether by reason of mistake or negligence of the Company or its servants.
6. No rights to name
Until such time as CFI shall have transferred the shares in the company (the subject matter of the service) to the Customer or his nominees, the Customer shall have no rights either express or implied to use the name of the said company nor shall the Customer nor the Customer's nominees have any interest whether equitable or otherwise in the shares in the said company.
7. No Cancellation
No cancellation of the contract will be accepted unless expressly agreed in writing by CFI.
8. Governing Law
The contract shall be governed by and construed in all respects (including the formation thereof and the performance thereunder) according to the laws of the Republic of Ireland.
9. Heading
The headings to the clauses hereof are for the convenience of reference only and do not form part of these conditions and shall not be taken into account in any interpretation thereof.
10. In order to maintain the highest standards of quality and customer care, CFI do adopt a policy of randomly recording telephone calls.