“Applicable Laws” means all applicable legislation, regulations, codes of practice, guidance or other requirements of any relevant government, governmental or regulatory agency or other relevant body applicable to the Products and sale of the Products;

“Contract” means the contract entered into between Malting Company of Ireland and a Consumer or any individual
or entity who is not regarded as a Consumer;

“Consumer” means a natural person who is acting for purposes which are outside the person’s trade, business, craft or
profession;

“Cooling Off Period” means your statutory right to return a Product within 14 days as provided for under the European Union
(Consumer Information, Cancellation and Other Rights) Regulations 2013;

“Dispatch Confirmation” means an email sent by Malting Company or Ireland confirming that the Products have been dispatched to
you;

“Force Majeure” means, in relation to any person, any circumstances beyond the reasonable control of that person including, without limitation, strikes by all or part of the personnel, technical incidents, disruption on the transport links, fire, floods, uprising, being unable to procure supplies, whether these incidents affect Malting Company of Ireland or any of its carriers, and provided that they have a decisive effect on the fulfilment of the order;

“Malting Company of Ireland” means Malting Company of Ireland Limited, an Irish registered company 273542;

“Order Confirmation” means an email from Malting Company of Ireland acknowledging receipt of your order;

“Price” means the price for the Product as stipulated on the Website at the time you place your order;

“Products” means the goods available for sale by Malting Company of Ireland on the Website;

“Terms” means the terms and conditions of use of the Website;

“User” means an individual visitor to a website who is counted as a single visitor irrespective of the number
of times one visits the Website;

“Website” means www.maltingcompany.ie or www.maltingcompany.com;

“we” or “us” shall be assigned the same meaning as Malting Company of Ireland;

“you or your” shall be assigned the same meaning as User.

All definitions used in the Terms and conditions, Privacy Policy and Cookie Policy shall be given their same meaning and interpreted accordingly in the following document.

1. GENERAL
1.1 The Malting Company of Ireland Limited (hereinafter called “the Company” which expression shall include all its trading names, save where otherwise specifically provided and shall for the purpose of Clause 5 (Set-Off) hereby contracts with its customers (“the Customer”) subject to the following terms and conditions of trading (“Conditions of Trading”) which shall exclusively govern the sale of all of the Company’s goods (the “Goods”) and the provision by the Company of all services (the “Services”) notwithstanding any terms or conditions, whether oral or written, or purported variations contained on any order or other correspondence submitted by the Customer to the Company save to the extent that such variation is expressly agreed and accepted in writing by a duly authorised officer of the Company.
1.2 All Customer orders are subject to acceptance by the Company and the Company reserves the right to sub-contract in fulfillment of the order or any part thereof.
1.3 Save as provided above no officer, employee or agent of the Company has authority to vary, add or depart from these Conditions of Trading or make any representations in relation to the Goods or Services sold or the contract entered into between the Parties.

2. DELIVERY AND RISK
2.1 The Company shall endeavour to keep to any stated despatch, delivery, installation or completion date but the Company shall not be liable for any loss, damage or expense resulting from any delay in same whether such delay is caused by circumstances over which the Company has control or otherwise.
2.2 Each part delivery or instalment of the Goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery or instalment shall entitle the Customer to treat the contract as repudiated in regard to any balance or instalment remaining deliverable.
2.3 Unless otherwise agreed in writing the following shall constitute a delivery of the Goods to the Customer:
2.3.1 When the Customer, his servants or agents sign a sales docket, delivery note or dispatch docket in respect of the Goods; or
2.3.2 When the Goods are delivered to the Customer’s place of business.
2.4 Upon the delivery of the Goods to the Customer within the meaning of the preceding paragraph all risks whether insurable or not relating to the Goods shall pass to the Customer notwithstanding the provisions of Clause 6 below.

3. PRICES
3.1 Quotations are issued in good faith but do not bind the Company.
3.2 The Company reserves the right to alter its prices at any time. The entering of an order and its acknowledgement by the Company shall not be construed as its acceptance at any particular price.
3.3 Goods and Services are supplied subject to availability of Goods, Services, ingredients, or raw materials.

4. PAYMENT AND ACCOUNT CLEARANCE
4.1 Where Goods or Services are sold to the Customer on a credit account, unless otherwise agreed by the Company, the Customer shall pay the sum due within 30 days of the date of invoice relating to the procurement of the Goods or Services. In the event that the Customer should fail to pay all or any part of the sum due as aforesaid then a service charge (the “Service Charge”) calculated at the rate of up to 2.5% per month will be applied on the unpaid amount and irrespective of whether the said amount consists of the price of Goods or Services charged or the Service Charge applied on previous overdue balances, if any. All payments made by the Customer in respect of any such amounts due shall be appropriated firstly in reduction of any sum due by way of a Service Charge and thereafter in reduction of any, amount due (commencing with the oldest) in respect of the price of Goods sold or Services provided and charged to the said credit account. Without prejudice to the foregoing the rate of the Service Charge herein may be varied by the Company from time to time and notified to the Customer.
4.2 Unless otherwise agreed by the Company, no credit account shall be opened or permitted to operate by the Customer other than on the terms specified herein and the Customer agrees that such terms shall apply to any such credit account opened and operated by the Company at the Customers request. The Company may refuse to sell Goods or Services to a Customer on credit who does not comply with these Conditions of Trading or for any other reason.
4.3 Where Goods or Services are sold to the Customer on a credit account in accordance with this Condition 4, the Company may sell, assign or transfer its interest in any debt owed by the Customer to the Company to any third party.

5. SET-OFF
5.1 Where monies are due by the Customer to the Company in a credit account or any other account, the Company reserves the right to set off all or part of such monies against any monies owed, howsoever accrued, by the Company to the Customer.
5.2 The Customer shall not under any circumstances be entitled to claim a right of set-off in relation to the payment of the whole or part of any monies due by the Company to the Customer.

6. RESERVATION OF TITLE
6.1 The property and title in all Goods supplied by the Company to the Customer shall notwithstanding delivery and passing of risk remain in the Company until the entire amount of the purchase price and all other sums due including any Service Charge by the Customer to the Company in respect of such Goods have been paid in full.
6.2 For so long as the title and property in Goods remains in the Company the Customer shall hold such Goods as bailee for the Company and store the Goods safely and suitably and so as to clearly show them to be the property of the Company and identifiable as such.
6.3 In default of payment of such sums due in respect of the Goods, title to the said Goods shall remain with the Company and without prejudice to any other rights the Company shall have the right to repossess the said Goods without notice or other formality and the Customer hereby authorises the Company, its servants or agents to enter the Customer’s premises for such purpose.
6.4 In the event that the Customer should resell the said Goods whether or not the same shall have been converted into other products the Customer shall hold the proceeds of such sale in trust to the extent of any indebtedness in respect of the price thereof for the Company and shall account to the Company within five days of receipt thereof.
6.5 The Company may without prejudice to the foregoing and as part of the consideration for the sale of the Goods require the Customer to assign any claim which the Customer may have against any third party who may have purchased the Goods whether in respect of the proceeds of sale or otherwise.
6.6 In the event of the Customer being declared bankrupt or having a Receiver or an Examiner appointed or a Petition presented or resolution passed for its winding up or an analogous event occurs under applicable law (or where the Company reasonably believes that such an event is about to happen):
6.6.1 All sums unpaid by the Customer for Goods supplied by the Company shall, notwithstanding that credit terms otherwise agreed shall not have expired, become immediately due and payable and the Customers right to deal in the ordinary course of business or otherwise sell or dispose of Goods the title and property in which remain in the Company shall automatically and immediately terminate.
6.6.2 Without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any premises where the Goods are stored in order to recover possession of the Goods.
6.6.3 The Customer shall immediately notify any such Receiver or Examiner of the Company’s rights pursuant to this Clause 6.

7. WARRANTY AND LIMITATIONS OF LIABILITY
7.1 The Customer shall inspect the Goods immediately upon delivery thereof and shall inspect the Services immediately upon completion of the Services. Subject as hereinafter provided, the Company warrants that all Goods supplied by it hereunder are at the date of dispatch in conformance with the Specification for the Goods or Services or in the absence of a Specification are free from defects in materials provided however that its sole liability to the Customer shall be, at the Company’s sole discretion, limited to either refunding the Price paid by the Customer or replacing any Goods which shall within the period specified below, be returned to the Company or its duly authorised representative and provided it is clearly established that such Goods were not in conformance with the Specification or absent a Specification were defective in materials at the time of despatch. The warranty period shall be calculated from the date when the Goods are dispatched to the Customer and shall be for a period of two calendar months thereafter except in the case of Goods which have an earlier “best before date” or “expiry date” where the warranty period shall be the period up to the “best before date” or “expiry date” only.
7.2 In the case of Goods or Services supplied by a third party Supplier to the Company, the Company will endeavour to assist the Customer in obtaining from its supplier of any such Goods or Services supplied to it from time to time such warranty as the supplier has given or may be prepared to give to the Company in respect of such Goods or Services and such assistance is given and is accepted by the Customer in lieu of and expressly excludes any other condition, warranty or guarantee as to the quality or fitness for any purpose or any representation or warranty as to performance or other attributes of such Goods or Services supplied by a third party to the Company. The Company shall not be liable to the Customer for the observance of the terms of such Warranty.
7.3 Except as set out in these Conditions all statements, representations, warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract for the sale of Goods and/or the supply of Services pursuant to these General Conditions of Trade. Where the Customer is acting as a consumer no provision in these Conditions of Trade shall affect or prejudice the Customers statutory rights (if any).
7.4 The Customer shall be responsible for any expenses of transportation, labour or other costs which may be involved in relation to any claim hereunder save to such extent as the Company may agree in writing in any particular case.
7.5 The foregoing warranty does not extend to any Goods or Services which have been accidentally damaged or which have been repaired, altered, neglected, not stored or handled in accordance with instructions issued by the Company from time to time or used in any way by the Customer so as to affect adversely their utility or reliability or quality or uses under normal conditions.
7.6 In the event of there being any dispute as to whether or not the Goods are defective at the time of dispatch or as to the cause of any defect or as to whether the Services were not provided with reasonable skill and care by the Company to the Customer, the Company shall be entitled to inspect the Goods in question and apply such tests to the Goods or Services as may be necessary but the Company shall not be responsible for any loss occurring or for any damage to the Goods or Services or to any other goods occasioned by or in the course of such inspection or tests.
7.7 Notwithstanding that a sample of the Goods has been exhibited to and inspected by the Customer it is hereby agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself the quality, condition or fitness of the Goods and not so as to constitute a sale by sample under this contract. The Customer shall take the Goods at his own risk as to their corresponding with the said sample.
7.8 Where circumstances arise which may give rise to a claim under this warranty the Customer shall at the earliest possible date and in any event within fourteen days from the date of delivery of the Goods furnish all details of the claim to the Company by prepaid registered post addressed to the Company’s Manager at the address specified on the face of the invoice and every claim shall specify the date and place of purchase of the Goods, the date on which the Goods were dispatched and delivered, the circumstances in which the alleged defect(s) became apparent and such further details as may be relevant to the claim.
7.9 The Company’s liability (if any) whether in contract, tort, or otherwise in respect of any defect in the Goods, or for any breach of Contract or of any duty owed to the Customer in connection herewith or failure to deliver the Goods (in full or in part), shall be further limited to the contract price of the Goods or Services in question.

8. EXCLUSION OF LIABILITY
8.1 The Company shall have no liability to the Customer for indirect or consequential loss, damage, costs, expenses, injury or other claims for compensation howsoever arising (whether caused by the negligence of the Company, its servants or agents or otherwise).
8.2 Save and to the extent expressly provided herein, the Company shall have no further liability whatsoever for, loss, damage or expense incurred by the Customer resulting from the Goods supplied hereunder howsoever arising.

9. FORCE MAJEURE
The Company shall not be liable for any loss, damage injury or expense whatsoever incurred by the Customer arising or resulting from acts of God, Government orders, strikes, lockouts or other industrial action, inability to secure labour, materials or supplies at commercially justifiable rates, accidents, plant or vehicle breakdown, war, civil commotion or any other circumstances (whether of the foregoing class or not) beyond the control of the Company and every contract between the Company and the Customer is subject to suspension, variation or cancellation by the Company as may be necessary due to force majeure aforesaid.

10. INDEMNITY
The Customer shall at all times keep the Company indemnified against any claims for loss, damage, expense, injury or death of third parties arising out of or connected with the subject matter of the contract herein contained or resulting from the supply of Goods supplied hereunder.

11. DATA PROTECTION
11.1 The Company may use data relating to the Customer which is collected under these Conditions of Trading or otherwise for the purposes of performing its obligations under a contract and for administration, risk assessment, marketing and credit checking purposes. The Company may disclose Customer data to its agents, dealers and service providers for these purposes.
11.2 The Company may carry out searches in the files of credit reference agencies that will record the search and may also disclose Customer data to any assignee or transferee and their professional advisers.
11.3 The Customer has the right, subject to certain exemptions, to obtain a copy of any personal data held by the Company and to correct any inaccuracies in such personal data.

12. MISCELLANEOUS PROVISIONS
12.1 The Company reserves the right to alter the Specifications, composition or ingredients of the Goods at any time.
12.2 Paragraph headings in these General Conditions of Trading are for ease of reference only and shall have no legal effect whatsoever.
12.3 Any reference in these General Conditions of Trading to a statute or a provision of a statute shall be construed as a reference to the statute or provision as amended, re-enacted or extended at the relevant time.
12.4 Each of the paragraphs and sub-paragraphs of these Conditions of Trading shall be regarded as creating separate terms and obligations under the contract and in the event that any one shall be void or unenforceable such voidness or unenforceability shall not affect the validity of the remaining paragraphs and sub-paragraphs hereof.
12.5 These conditions are governed by and shall be construed in accordance with the laws of Ireland.