Last updated: 4 July 2026
Definitions
- “Agent” shall mean Radiator Plus Limited its successors and assigns or any person acting on behalf of and with the authority of Radiator Plus Limited.
- “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply and shall mean any person acting on behalf of and with the authority of such person or entity.
- “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
- “Goods” shall mean Goods supplied by the Agent to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Agent to the Customer.
- “Services” shall mean all services supplied by the Agent to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
- “Price” shall mean the cost of the Goods as agreed between the Agent and the Customer subject to clause 3 of this contract.
- “Installation Standard” shall mean the standard to which the Goods are to be installed and/or maintained, together with any formal requirements stipulated as a condition of the regulatory body by which the Seller is approved.
Acceptance
- Any instructions received by the Agent from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Agent shall constitute acceptance of the terms and conditions contained herein.
- Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
- Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Agent.
Price and Payment
- At the Agent’s sole discretion, the Price shall be either,
- as indicated on invoices provided by the Agent to the Customer in respect of Goods supplied; or
- the Agent’s quoted Price (subject to clause 3.2) which shall be binding upon the Agent provided that the Customer shall accept the Agent’s quotation in writing within thirty (30) days.
- The Agent reserves the right to change the Price in the event of a variation to the Agent’s quotation.
- The Agent shall require a deposit of 50% and Balance to be paid before delivery.
- VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
- At the Agent’s sole discretion, the Price shall be either,
Delivery of Goods
- At the Agent’s sole discretion delivery of the Goods shall take place when;
- the Customer takes possession of the Goods at the Agent’s address; or
- the Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Agent or the Agent’s nominated carrier); or
- the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
- At the Agent’s sole discretion, the costs of delivery are;
- included in the Price, or
- in addition to the Price, or
- for the Customer’s account.
- The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Agent shall be entitled to charge a reasonable fee for redelivery.
- Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
- The Agent may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
- The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
- such discrepancy in quantity shall not exceed 5%, and
- the Price shall be adjusted pro rata to the discrepancy.
- The failure of the Agent to deliver shall not entitle either party to treat this agreement as repudiated.
- The Agent shall not be liable for any loss or damage whatever due to failure by the Agent to deliver the Goods (or any of them) promptly or at all.
- At the Agent’s sole discretion delivery of the Goods shall take place when;
Risk
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Agent is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Agent is sufficient evidence of the Agent’s rights to receive the insurance proceeds without the need for any person dealing with the Agent to make further enquiries.
Title
- It is the intention of the Agent and agreed by the Customer that ownership of the Goods shall not pass until:
- the Customer has paid all amounts owing for the particular Goods, and
- the Customer has met all other obligations due by the Customer to the Agent in respect of all agreements between the Agent and the Customer.
- Receipt by the Agent of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Agent’s ownership or rights in respect of the Goods shall continue.
- It is further agreed that:
- where practicable the Goods shall be kept separate and identifiable until the Agent shall have received payment and all other obligations of the Customer are met.
- until such time as ownership of the Goods shall pass from the Agent to the Customer the Agent may give notice in writing to the Customer to return the Goods or any of them to the Agent. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease.
- the Agent shall have the right of stopping the Goods in transit whether or not delivery has been made.
- if the Customer fails to return the Goods to the Agent then the Agent or the Agent’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods.
- the Customer is only a bailee of the Goods and until such time as the Agent has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Agent.
- the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Agent.
- the Agent can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.
- It is the intention of the Agent and agreed by the Customer that ownership of the Goods shall not pass until:
Customer’s Disclaimer
- The Customer hereby disclaims any right to rescind or cancel this agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Agent and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
Defects
- The Customer shall inspect the Goods on delivery and shall within ten (10) working days notify the Agent of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Agent an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Agent has agreed in writing that the Customer is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing the Goods or repairing the Goods.
Radiator Plus Limited Company Reg. No. 259282 / 1997 - 2026
Warranty
- For Goods not manufactured by the Agent, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Agent offers an optional service powder coating finish of various colours which is selected from the RAL standard colour range and only the RAL standard colour on cast iron radiators. This product is an add-on service which is offered at an extra charge per item which has to be agreed between the Agent and Customer or any person acting on behalf of and with the authority of the Customer. There is no warranty or guarantee on the powder coating finishes in relation to colour fade or chipping. This does not affect the manufacturing warranty given by the manufacturer. The Agent shall not be bound by or responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
Consumer Legislation
- This agreement is subject to the provisions of the Sale of Goods Act 1893, the Sale of Goods and Supply of Services Act 1980 and, where the Customer is a consumer, the Consumer Rights Act 2022 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
- Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12–15), the Sale of Goods and Supply of Services Act 1980, the Consumer Rights Act 2022, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.
- In particular where the Customer buys Goods as a consumer the provisions of clauses 8, 9 and 10 above shall be subject to any laws or legislation governing the rights of consumers.
- The Customer warrants that all designs or instructions to the Agent will not cause the Agent to infringe any patent, registered design or trademark in the execution of the Customer’s order.
Default & Consequences of Default
- Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 1.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
- If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Agent from and against all costs and disbursements incurred by the Agent in pursuing the debt including legal costs on a solicitor and own client basis and the Agent’s collection agency costs.
- Without prejudice to any other remedies the Agent may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Agent may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Agent will not be liable to the Customer for any loss or damage the Customer suffers because the Agent exercised its rights under this clause.
- Without prejudice to the Agent’s other remedies at law the Agent shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Agent shall, whether or not due for payment, become immediately payable in the event that:
- any money payable to the Agent becomes overdue, or in the Agent’s opinion the Customer will be unable to meet its payments as they fall due; or
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Security and Charge
- Despite anything to the contrary contained herein or any other rights which the Agent may have howsoever:
- where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Agent or the Agent’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Agent (or the Agent’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
- should the Agent elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Agent from and against all the Agent’s costs and disbursements including legal costs on a solicitor and own client basis.
- the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Agent or the Agent’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.
- Despite anything to the contrary contained herein or any other rights which the Agent may have howsoever:
Cancellation
- The Agent may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Agent shall repay to the Customer any sums paid in respect of the Price. The Agent shall not be liable for any loss or damage whatever arising from such cancellation.
- In the event that the Customer cancels delivery of Goods the Customer shall be liable for a cancellation fee of 100% for any loss incurred by the Agent (including, but not limited to, any loss of profits) up to the time of cancellation.
Data Protection
- The Customer and the Guarantor/s (if separate to the Customer) authorise the Agent to:
- collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
- disclose information about the Customer, whether collected by the Agent from the Customer directly or obtained by the Agent from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgment) a default by the Customer on publicly accessible credit reporting databases.
- Where the Customer is an individual the authorities under clause 14.1 are authorities or consents for the purposes of the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Acts 1988 to 2018.
- The Customer shall have the right to request the Agent for a copy of the information about the Customer retained by the Agent and the right to request the Agent to correct any incorrect information about the Customer held by the Agent.
- The Customer and the Guarantor/s (if separate to the Customer) authorise the Agent to:
Customer’s Responsibilities
- It is the Customer’s responsibility to;
- accept the recommended specifications of the Agent; and
- ensure there is adequate access at the delivery point to accept the Goods; and
- make the installation site available on the agreed date and time. Should delivery be delayed or interrupted by the failure of the Customer to adhere to the delivery schedule agreed to between the Agent and the Customer then any additional costs will be invoiced to the Customer as an extra.
- provide adequate and safe access. Delays in gaining access to, or from, the delivery point will attract chargeable Downtime.
- remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Customer.
- all care is taken but no responsibility accepted by the Agent in this regard.
- the Customer shall allow the Agent full access to the Goods for the purpose of inspection within Normal Working Hours and shall allow sufficient time for the Agent to complete the work without interruption.
- the Customer may not, without written permission from the Agent, (i) make or permit any alteration, addition or attachment to any item of the Goods; (ii) assign or transfer any of its interest under the agreement.
- The Customer agrees to give the Agent a minimum of ten (10) days written notice of any planned relocation of the Goods. The Customer agrees that they must have the written permission of the Agent prior to the relocation.
- It is the Customer’s responsibility to;
General
- Each clause of these Terms and Conditions is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any Agreement to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
- The Agent shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Agent of these terms and conditions.
- In the event of any breach of this Agreement by the Agent the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Agent exceed the Price of the Goods.
- The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Agent.
- The Agent reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Agent notifies the Customer of such change. Except where the Agent supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to accept such changes.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
