Téarmaí seirbhíse
TERMS & CONDITIONS OF SALE
Michael Flannery Catering Supplies Ltd
Effective Date: 10th September 2026
These Terms & Conditions of Sale ("Conditions") apply to the sale and supply of goods and, where applicable, related services by Michael Flannery Catering Supplies Ltd, a company incorporated in Ireland under company number 355348, with its registered office at D5 Santry Business Park, Santry, Dublin 9 ("the Company", "we", "us" or "our"). These Conditions apply to both Business Customers and Consumers. Certain provisions apply only to Business Customers or only to Consumers, as expressly stated. Nothing in these Conditions shall exclude, restrict or adversely affect any mandatory statutory rights or remedies available to a Consumer under Irish law.
1. Definitions
In these Conditions:
Business Customer means any person, company, partnership, organisation, public authority or other entity acting for purposes relating to its trade, business, craft or profession.
Consumer means a natural person acting for purposes wholly or mainly outside that person's trade, business, craft or profession.
Customer means a Business Customer or Consumer purchasing or agreeing to purchase Goods or Services from the Company.
Goods means all products, equipment, parts, accessories, consumables and other items supplied or agreed to be supplied by the Company.
Services means any services supplied by the Company in connection with the Goods, including installation, commissioning, delivery, maintenance or repair where applicable.
Contract means the contract between the Company and the Customer for the supply of Goods and/or Services incorporating these Conditions.
Special Order Goods means Goods which the Company does not ordinarily hold in stock and orders, sources, manufactures, configures or obtains specifically for a Customer.
Custom Goods means Goods made to a Customer's specification, individual choice or requirements, or clearly personalised.
Manufacturer's Warranty means any warranty provided by the manufacturer or original supplier of Goods.
Writing includes email.
2. Application and Priority of these Conditions
2.1 These Conditions apply to all quotations, estimates, orders and Contracts entered into by the Company unless otherwise expressly agreed in Writing by an authorised representative of the Company.
2.2 No employee, agent or representative of the Company is authorised to vary these Conditions unless such variation is confirmed in Writing by an authorised representative of the Company.
2.3 Where the Customer is a Business Customer, any terms or conditions contained in or referred to in the Customer's purchase order, procurement terms, acceptance, correspondence or other documentation shall not apply unless expressly accepted in Writing by an authorised representative of the Company.
2.4 If there is any conflict between:
a. a specific written quotation or order confirmation issued by the Company;
b. these Conditions; and
c. any other document,
the documents shall take precedence in that order unless expressly stated otherwise.
2.5 No failure or delay by the Company in exercising any right shall constitute a waiver of that right.
2.6 If any provision of these Conditions is invalid or unenforceable, it shall be severed to the minimum extent necessary and the remaining provisions shall continue in force.
2.7 Consumers: Where any provision of these Conditions conflicts with a mandatory right available to a Consumer under Irish law, the mandatory statutory right shall prevail.
2.8 Electronic and Online Contracts: Where these Conditions are made available to a Customer before the Customer places or confirms an order, including by a clearly identified link at website checkout, in a quotation, order form, trade-account application or order confirmation, they shall form part of the Contract to the extent permitted by law. The Company may retain electronic records of the version of these Conditions presented or accepted in connection with an order. Nothing in this clause limits any mandatory requirement relating to information, consent, contract formation or Consumer rights.
3. Quotations, Orders and Formation of Contract
3.1 Unless expressly stated otherwise, quotations are invitations to treat and do not constitute binding offers.
3.2 Quotations are valid for the period specified in the quotation. Where no period is specified, quotations may be withdrawn or amended by the Company at any time before a Contract is formed.
3.3 Placing an order constitutes an offer by the Customer to purchase the Goods and/or Services.
3.4 An automated website acknowledgement, acknowledgement of receipt of an order or acknowledgement of payment does not by itself constitute acceptance of the Customer's order unless expressly stated otherwise.
3.5 A Contract is formed when the Company:
a. issues an order confirmation expressly accepting the order;
b. commences performance of the Services; or
c. dispatches the Goods,
whichever occurs first.
3.6 The Company may refuse an order before a Contract is formed.
3.7 After a Contract has been formed, the Company may cancel or suspend the Contract only where permitted by these Conditions or applicable law, including where:
a. Goods have become unavailable;
b. a supplier or manufacturer has discontinued Goods;
c. there is a manifest pricing, specification or description error;
d. the Customer has failed to make payment when due;
e. the Company reasonably considers that the Customer presents a material credit risk;
f. fulfilling the order would breach applicable law or regulation; or
g. circumstances beyond the Company's reasonable control prevent performance.
3.8 Where the Company cancels a Consumer Contract and the Consumer has already paid for Goods or Services which will not be supplied, the Company shall refund the relevant amount without undue delay.
4. Product Information and Specifications
4.1 The Company takes reasonable care to ensure that descriptions, photographs, specifications, measurements and other information relating to Goods are accurate.
4.2 Manufacturers may alter specifications, designs or components without notice.
4.3 Business Customers: Unless expressly guaranteed in Writing by the Company, photographs, drawings, dimensions, capacities, weights, colours and technical specifications are approximate and minor variations shall not constitute a breach of Contract where they do not materially affect the functionality of the Goods.
4.4 The Business Customer is responsible for satisfying itself before ordering that the Goods are suitable for its particular business application, site, capacity requirements and intended use unless the Company has expressly agreed in Writing to accept responsibility for determining suitability.
4.5 Consumers: Nothing in this clause limits the Company's statutory obligations regarding conformity of Goods with the Contract, description, sample, model or other information provided to the Consumer.
4.6 Business Customers: Unless expressly guaranteed in Writing by the Company, stated or estimated output, capacity, throughput, recovery time, energy consumption, production rate or other performance figures are based on manufacturer information or stated test conditions and may vary according to utilities, water quality, ventilation, ambient conditions, loading, workflow, product type, maintenance and operating practices. The Business Customer is responsible for confirming that any performance requirement which is critical to its business has been expressly incorporated into the quotation or order confirmation.
5. Prices and VAT
5.1 Prices quoted to Business Customers are exclusive of VAT unless expressly stated otherwise.
5.2 Applicable VAT shall be charged at the rate in force at the tax point.
5.3 Prices quoted or displayed to Consumers shall include VAT where required by law.
5.4 Any applicable delivery, installation or other additional charge payable by a Consumer shall be disclosed before the Consumer becomes bound by the Contract.
5.5 Before acceptance of an order, the Company may correct a pricing error or adjust a quotation to reflect:
a. supplier price increases;
b. currency fluctuations;
c. changes in taxes or duties;
d. increases in freight or transport costs; or
e. errors or omissions.
5.6 Once a Consumer Contract has been formed, the price shall not be increased except where expressly agreed with the Consumer or otherwise permitted by law.
5.7 Manifest pricing errors shall not bind the Company where the Customer knew or could reasonably have been expected to recognise that the price was erroneous, subject always to applicable consumer law.
6. Payment
6.1 Consumers
Unless expressly agreed otherwise, Consumers must pay for Goods and Services at the time of ordering.
6.2 Business Customers
Unless credit terms have been expressly approved by the Company in Writing, Business Customers shall pay for Goods before delivery or collection.
6.3 Credit Accounts
Where the Company grants a Business Customer a credit account:
a. credit is granted at the Company's discretion;
b. unless otherwise agreed in Writing, invoices are payable within 30 days of the invoice date;
c. the Company may impose or amend a credit limit;
d. the Company may withdraw, suspend or reduce credit facilities where reasonable, including where payment history or creditworthiness deteriorates;
e. exceeding a credit limit does not oblige the Company to supply additional Goods; and
f. the Company may require payment in advance for future orders.
6.4 Late Payment – Business Customers
Where a Business Customer fails to pay an amount when due, the Company shall be entitled to statutory late-payment interest, compensation and recovery costs to the extent permitted by the European Communities (Late Payment in Commercial Transactions) Regulations 2012, as amended or replaced from time to time.
This may include statutory interest, fixed compensation and reasonable additional recovery costs, including appropriate debt collection and legal costs.
6.5 Allocation of Payments
For Business Customers, the Company may allocate payments received against outstanding invoices in such manner as the Company reasonably determines.
6.6 Set-Off
A Business Customer shall not withhold payment or exercise a right of set-off against amounts properly due to the Company except where required by law or expressly agreed in Writing.
7. Deposits and Special Orders
7.1 The Company may require a deposit or payment in full before ordering, manufacturing or reserving Goods.
7.2 Business Customers: Deposits relating to Special Order Goods or Custom Goods may be non-refundable once the Company has committed to the supplier, manufacturer or production process.
7.3 Where a Business Customer cancels a confirmed order, the Company may recover its reasonable losses arising from the cancellation, including supplier cancellation charges, freight costs, restocking fees and other irrecoverable costs.
7.4 The Company's entitlement under this clause shall not amount to a penalty and shall be limited to losses and charges properly arising from the cancellation.
7.5 Consumers: This clause does not limit any statutory right of cancellation or refund available to a Consumer. Statutory exemptions applicable to Custom Goods, personalised Goods or other excluded categories shall apply where legally applicable.
8. Delivery
8.1 Delivery dates and times are estimates unless the Company expressly agrees in Writing that delivery by a specified date is essential.
8.2 The Company will use reasonable efforts to meet estimated delivery dates.
Business Customers
8.3 For Business Customers, time shall not be of the essence in relation to delivery unless expressly agreed in Writing.
8.4 The Company shall not be liable to a Business Customer for reasonable delay arising from matters outside the Company's reasonable control.
8.5 The Company may make deliveries by instalments. Each instalment may be invoiced separately.
Consumers
8.6 Goods purchased by Consumers shall be delivered in accordance with applicable consumer law.
8.7 Unless another delivery period has been agreed, Goods shall be delivered to a Consumer without undue delay and within the period required by law.
8.8 Nothing in these Conditions restricts a Consumer's statutory remedies where Goods are not delivered within an agreed or legally required delivery period.
9. Delivery Access, Offloading and Site Conditions
Business Customers
9.1 Unless expressly stated otherwise, standard delivery is delivery to a reasonably accessible ground-floor delivery point.
9.2 The Business Customer must provide safe and adequate access for the delivery vehicle, personnel and Goods.
9.3 The Business Customer must inform the Company before ordering of any circumstance which may affect delivery or installation, including:
a. restricted access;
b. stairs or steps;
c. narrow doors or corridors;
d. inadequate lifts;
e. restricted loading or parking;
f. pedestrianised areas;
g. upper-floor locations;
h. unusual delivery hours;
i. site security requirements;
j. lifting requirements;
k. unusually heavy Goods; or
l. other obstacles to safe delivery.
9.4 Unless specifically included in the quotation, delivery does not include dismantling doors, windows or structures, specialist lifting, craneage, removing existing equipment, builders' works or making alterations to premises.
9.5 Where delivery or installation cannot reasonably be completed because of inadequate access, inaccurate information or an unsuitable site, the Company may charge the Business Customer its reasonable additional delivery, storage, labour, redelivery or attendance costs.
10. Inspection, Damage and Shortages
Business Customers
10.1 Business Customers must inspect Goods as soon as reasonably practicable following delivery or collection.
10.2 Visible transit damage, incorrect quantities or shortages should be noted on the delivery documentation where reasonably possible and notified to the Company within 5 Business Days of delivery.
10.3 Failure to notify the Company within this period may affect the Company's ability to pursue the carrier or supplier but shall not exclude liability for defects that could not reasonably have been discovered on inspection.
10.4 Business Customers must retain packaging where reasonably required for investigation of transit damage.
Consumers
10.5 Consumers should notify the Company of damage or defects as soon as reasonably practicable.
10.6 No notification period in these Conditions restricts or extinguishes a Consumer's statutory rights or remedies.
11. Passing of Risk
Business Customers
11.1 Risk in Goods passes to the Business Customer:
a. on delivery to the Business Customer or its nominated delivery location;
b. on collection by the Business Customer; or
c. where the Business Customer arranges its own carrier, upon delivery to that carrier,
as applicable.
11.2 Passing of risk does not mean that ownership/title has passed.
Consumers
11.3 Goods remain at the Company's risk until the Consumer, or a person nominated by the Consumer, acquires physical possession of them, except where the Consumer independently commissions a carrier not proposed by the Company, in which case the statutory rules governing risk shall apply.
12. Retention of Title – Business Customers
12.1 This clause applies to Business Customers only.
12.2 Legal and beneficial title to Goods shall not pass to the Business Customer until the Company has received in cleared funds all sums due and payable by the Business Customer to the Company in respect of those Goods and, to the extent permitted by law, all other sums then due to the Company.
12.3 Until title passes, the Business Customer shall:
a. hold the Goods as bailee for the Company;
b. store the Goods safely and, where reasonably practicable, separately from other goods;
c. keep the Goods clearly identifiable as Goods supplied by the Company;
d. not remove or obscure serial numbers, manufacturer's labels or identifying marks;
e. maintain the Goods in satisfactory condition;
f. adequately insure the Goods against usual commercial risks from the date risk passes; and
g. notify the Company immediately if any insolvency, seizure or enforcement event affects or may affect the Goods.
12.4 Unless the Company has withdrawn this permission in Writing, a Business Customer purchasing Goods for resale may resell them in the ordinary course of its business before title passes.
12.5 The Business Customer's authority to possess or resell Goods shall automatically terminate where:
a. payment becomes materially overdue;
b. the Business Customer becomes insolvent;
c. a receiver, liquidator, examiner or similar officer is appointed;
d. enforcement is levied against the Goods; or
e. the Company validly terminates the Contract.
12.6 Following termination of the Business Customer's right to possession, the Company may require the Business Customer to make unpaid Goods immediately available for collection.
12.7 Subject to applicable law and any required consent or court authority, the Business Customer shall permit the Company reasonable access to premises under the Business Customer's control for the purpose of identifying and recovering Goods belonging to the Company.
12.8 Nothing in this clause authorises the Company to enter premises unlawfully or to repossess Goods otherwise than in accordance with applicable Irish law.
13. Installation and Commissioning
13.1 Where the Company agrees to provide installation or commissioning, the scope of those Services shall be as specified in the quotation or order confirmation.
Business Customers
13.2 Unless expressly included in the quotation, the Business Customer is responsible for ensuring before attendance that the installation site is complete, accessible and suitable for installation.
13.3 Without limitation, the Business Customer is responsible for providing appropriate:
a. electrical supplies, voltages, phases, isolators and outlets;
b. gas supplies and connections;
c. water supplies and adequate water pressure;
d. water treatment or water-softening systems where required;
e. drainage and waste connections;
f. extraction and ventilation;
g. flooring and structural support;
h. clearances and access;
i. lighting;
j. fire-safety infrastructure;
k. internet/network services where required; and
l. all relevant building, planning and other site requirements.
13.4 Gas, electrical, refrigeration or other regulated connections must be performed by appropriately qualified and authorised persons where required by law.
13.5 Unless expressly included, the Company's installation price does not include builders' works, structural works, core drilling, decorating, specialist lifting, extraction modifications, utility upgrades or remedial works to existing services.
13.6 Where Company personnel attend site and cannot safely or reasonably complete the agreed work because the site is not ready or information supplied by the Business Customer was incorrect, the Company may charge reasonable additional attendance and associated costs.
13.6A Existing Services and Infrastructure – Business Customers: Unless expressly included in the quotation, the Company does not undertake to inspect, certify or warrant the adequacy, condition, capacity, safety or legal compliance of any existing electrical, gas, water, drainage, extraction, ventilation, refrigeration, network, structural or other service or infrastructure at the Customer's premises. The Company shall not be responsible for loss, damage, delay or additional cost caused by a defect, inadequacy or non-compliance in such existing services or infrastructure except to the extent caused by the Company's own breach, negligence or other liability which cannot lawfully be excluded.
13.6B Scope of Delivery and Installation – Business Customers: Delivery, offloading, positioning, assembly, installation, connection, commissioning, testing, removal of existing equipment, disposal, user training and certification are separate activities. Only
those activities expressly identified as included in the Company's quotation or order confirmation form part of the Contract.
13.6C Approvals – Business Customers: Unless expressly undertaken by the Company in Writing, the Business Customer is responsible for obtaining all permissions, consents and approvals required for the installation and use of the Goods at its premises, including any landlord, planning, building-control, fire-safety, utility or other site-specific approval.
13.6D Variations and Additional Works – Business Customers: Where additional work, materials, equipment, attendance or specialist services become reasonably necessary because of site conditions, inaccurate or incomplete Customer information, access restrictions, existing services or a change requested by the Business Customer, the Company may suspend the affected work and notify the Business Customer of the additional work and charges. The Company shall not be required to carry out material additional work unless the scope and price, or a reasonable basis for calculating the price, has been agreed in Writing.
Consumers
13.7 Where installation forms part of a Consumer Contract, the Company shall perform installation in accordance with the Contract and applicable consumer law.
14. Use, Maintenance and Operating Requirements
14.1 Customers must operate and maintain Goods in accordance with manufacturer instructions and applicable safety requirements.
14.2 Business Customers are responsible for ensuring that persons operating commercial catering equipment are properly trained and competent.
14.3 Where applicable, routine maintenance, cleaning, filter replacement, descaling, water treatment and servicing must be undertaken at intervals recommended by the manufacturer.
14.4 Failure by a Business Customer to comply with reasonable operating or maintenance requirements may invalidate a commercial warranty to the extent that such failure caused or materially contributed to the relevant defect.
14.5 Business Customers: Where manufacturer requirements specify water quality, filtration, softening, treatment, cleaning, descaling or planned servicing, the Business Customer must comply with those requirements. Where reasonably relevant to a warranty or service claim, the Company may request available maintenance, service, water-treatment or descaling records for the purpose of determining the cause of the reported fault.
15. Business Customer Returns
15.1 This clause applies only to Business Customers and does not apply to statutory Consumer cancellation or fault remedies.
15.2 Business Customer returns require prior written authorisation from the Company.
15.3 No return is accepted merely because Goods are returned to the Company's premises.
15.4 Where the Company agrees, at its discretion, to accept non-faulty Goods for return, Goods must normally:
a. be unused;
b. be complete;
c. be undamaged;
d. include manuals and accessories;
e. be in original packaging where reasonably possible; and
f. be capable of resale as new.
15.5 The Company may apply the following restocking/handling charges to authorised B2B returns:
Standard stock Goods: up to 15%
Equipment: up to 25%
Special Order Goods up to 50% or the Company's actual irrecoverable cost, if greater and reasonably incurred
15.5A Business Customers: Any restocking or handling charge applied under Clause 15.5 shall be determined having regard to the nature and condition of the Goods, the handling and administration involved, supplier charges, loss in resale value and other reasonable irrecoverable costs arising from the return. The Company shall not impose a charge that amounts to a penalty.
15.6 Custom Goods, personalised Goods, used Goods, installed Goods and certain Special Order Goods may be non-returnable unless faulty or otherwise agreed in Writing.
15.7 Return transport shall be at the Business Customer's cost unless the Company agrees otherwise or the Goods have been incorrectly supplied by the Company.
16. Consumer Distance and Off-Premises Cancellation Rights
16.1 This clause applies only where a Consumer has a statutory right to cancel a distance or off-premises Contract.
16.2 A Consumer purchasing Goods online, by telephone or through another qualifying distance contract generally has the right to cancel without giving a reason within 14 days, calculated in accordance with the Consumer Rights Act 2022.
16.3 A longer statutory cancellation period may apply to certain contracts concluded following an unsolicited visit to a Consumer's home or an excursion organised to promote or sell Goods. Where applicable, the statutory period shall apply.
16.4 For a Contract concerning a single item, the cancellation period generally begins when the Consumer or a person nominated by the Consumer acquires physical possession of the Goods.
16.5 Different statutory commencement rules apply where:
a. multiple Goods ordered together are delivered separately;
b. Goods consist of multiple lots or pieces; or
c. Goods are delivered regularly over a defined period.
16.6 To exercise the cancellation right, the Consumer must inform the Company before expiry of the applicable cancellation period by:
a. using the model cancellation form at the end of these Conditions; or
b. making any other unequivocal statement communicating the decision to cancel.
Notice should be sent to:
Michael Flannery Catering Supplies Ltd
Email: info@FlanneryGroup.ie
Web: FlanneryGroup.ie
Telephone: 01 – 842 8888
16.7 The Consumer must return the Goods without undue delay and no later than 14 days after informing the Company of the decision to cancel, unless the Company has agreed to collect them.
16.8 Unless the Company has agreed to bear the cost, the Consumer shall bear the direct cost of returning the Goods where the Consumer was informed before entering the Contract that those costs would be payable by the Consumer.
16.9 Where Goods by their nature cannot normally be returned by post, any applicable return cost information required by law shall be provided to the Consumer before the Consumer becomes bound by the Contract.
16.10 The Consumer must take reasonable care of the Goods.
16.11 A Consumer may handle Goods to the extent reasonably necessary to establish their nature, characteristics and functioning.
16.12 The Consumer may be liable for any diminished value resulting from handling beyond that reasonably necessary for those purposes, but only to the extent permitted by law.
16.13 A Consumer's statutory cancellation right shall not be made conditional upon unopened original packaging where such a condition would be contrary to law.
Refund Following Cancellation
16.14 Where a Consumer validly cancels, the Company shall reimburse payments as required by applicable law.
16.15 Where required by law, this includes the cost of standard delivery originally paid by the Consumer. Additional costs arising because the Consumer chose a more expensive delivery method than the Company's least expensive standard delivery method need not be reimbursed to the extent permitted by law.
16.16 The Company shall make the reimbursement within the legally required period and using the same means of payment used for the original transaction unless otherwise agreed and permitted by law.
16.17 Where permitted by law, the Company may withhold reimbursement until:
a. the Goods have been received back; or
b. the Consumer supplies evidence of having returned the Goods,
whichever occurs first.
Exceptions
16.18 The statutory right to cancel does not apply where an exemption under applicable law applies, which may include:
a. non-prefabricated Goods made on the basis of an individual choice or decision by the Consumer;
b. clearly personalised Goods;
c. Goods liable to deteriorate or expire rapidly;
d. sealed Goods not suitable for return for health-protection or hygiene reasons where the seal has been broken after delivery;
e. Goods which, according to their nature, become inseparably mixed with other items after delivery; and
f. any other category lawfully exempt from the statutory cancellation right.
16.19 A product will not be treated as exempt merely because the Company describes it internally as a "special order". The statutory exemption must actually apply.
17. Consumer Statutory Rights – Faulty or Non-Conforming Goods
17.1 This clause applies to Consumers.
17.2 Goods supplied to a Consumer must conform with the Contract and satisfy all applicable subjective and objective requirements for conformity under Irish consumer law.
17.3 These requirements may include, as applicable, requirements concerning:
a. description;
b. type;
c. quantity;
d. quality;
e. fitness for agreed and normal purposes;
f. functionality;
g. durability;
h. compatibility;
i. accessories and instructions;
j. samples and models; and
k. other characteristics required by law.
17.4 Where Goods do not conform with the Contract, the Consumer shall have the remedies provided by the Consumer Rights Act 2022 and other applicable law.
17.5 These remedies may include:
a. the short-term right to terminate the Contract where applicable;
b. repair;
c. replacement;
d. proportionate reduction in price;
e. termination and refund; and
f. other remedies provided by law.
17.6 Where the statutory short-term right to terminate applies, it will normally expire 30 days after the relevant statutory commencement date, subject to the rules and exceptions contained in applicable law.
17.7 Where repair or replacement is required under consumer law, it shall be carried out:
a. free of charge;
b. within a reasonable time; and
c. without significant inconvenience to the Consumer,
as required by law.
17.8 Where Goods were installed consistently with their nature and purpose before a lack of conformity became apparent, the Company's statutory obligations regarding removal and reinstallation or the associated costs shall apply.
17.9 Nothing in any manufacturer's warranty or commercial warranty replaces, limits or reduces a Consumer's statutory rights against the Company.
18. Warranty – Business Customers
18.1 This clause applies to Business Customers only.
18.2 Where Goods are supplied with a Manufacturer's Warranty, the Company will, where reasonably possible and subject to its terms, pass the benefit of that Manufacturer's Warranty to the Business Customer.
18.3 Unless expressly stated otherwise in Writing, any separate commercial warranty given by the Company is limited to the period and terms specified in the relevant quotation, warranty document or product documentation.
18.4 Subject to any non-excludable obligation imposed by law, a Business Customer warranty does not cover defects or damage arising from:
a. misuse or abuse;
b. accidental or deliberate damage;
c. incorrect installation not performed by or on behalf of the Company;
d. incorrect electrical voltage, phase, gas, water or other utility supply;
e. inadequate ventilation or extraction;
f. inadequate water treatment or limescale;
g. failure to clean, service or maintain Goods appropriately;
h. normal wear and tear;
i. consumable or routine replacement parts;
j. unauthorised modification or repair;
k. use contrary to manufacturer instructions;
l. overloading;
m. pest infestation;
n. relocation of equipment after installation where relocation caused or contributed to the fault;
o. environmental or site conditions outside manufacturer specifications; or
p. external causes outside the Goods themselves.
18.5 Where a Business Customer requests a warranty call-out and inspection establishes that no covered defect exists, the Company may charge a reasonable call-out, labour, travel and parts charge.
18.5A Business Customers: To enable efficient assessment of a warranty claim, the Business Customer should provide, where reasonably available, the invoice or order reference, equipment model and serial number, equipment location, a description of the fault, relevant error codes and reasonable supporting photographs or video. Failure to provide information shall not of itself extinguish a valid warranty claim, but the Company may require information reasonably necessary to investigate the claim.
18.5B Where investigation shows that a reported fault was caused wholly or materially by an excluded cause under Clause 18.4, including utilities, water quality, limescale, drainage, ventilation, misuse, inadequate maintenance or site conditions, the Company may charge the Business Customer reasonable diagnostic, call-out, labour, travel and parts costs to the extent not covered by an applicable warranty.
18.6 Any exclusion or restriction of terms implied by law into a B2B Contract shall apply only to the extent that such exclusion or restriction is legally enforceable and, where applicable, fair and reasonable.
19. Spare Parts and Repairs
19.1 Availability of spare parts depends on manufacturers and suppliers and cannot be guaranteed indefinitely unless required by law.
19.2 The Company may use new, reconditioned or equivalent replacement parts in commercial repairs where appropriate and agreed or permitted under the applicable warranty.
19.3 Nothing in this clause limits any mandatory rights or obligations applying to Consumers, including applicable rights arising under consumer product repair legislation.
19.4 Business Customers – Uncollected Customer Equipment: Where equipment owned by a Business Customer is left with the Company for inspection, quotation, repair or servicing and remains uncollected after the Company has notified the Business Customer that it is ready for collection or that no further work will be undertaken, the Company may charge reasonable storage and handling costs after a reasonable collection period. Any sale, disposal or other dealing with uncollected customer-owned equipment shall take place only after appropriate notice and strictly in accordance with applicable law.
20. Limitation of Liability – Business Customers
20.1 This clause applies only to Business Customers.
20.2 Nothing in these Conditions excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited, including liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation; or
c. any other liability that cannot lawfully be excluded.
20.3 Subject to Clause 20.2, the Company shall not be liable to a Business Customer for:
a. loss of profit;
b. loss of revenue;
c. loss of anticipated savings;
d. loss of business;
e. loss of contract;
f. loss of goodwill;
g. loss of production;
h. business interruption; or
i. indirect or consequential loss,
to the extent such exclusion is permitted by law.
20.4 Subject to Clause 20.2, the Company's aggregate liability to a Business Customer arising from or in connection with a particular Contract shall not exceed the net price paid or payable for the Goods and Services giving rise to the claim.
20.5 The Business Customer shall take reasonable steps to mitigate any loss.
20.6 Nothing in this clause excludes any obligation or liability which cannot lawfully be excluded or limited.
21. Consumer Liability
21.1 Nothing in these Conditions excludes, restricts or limits liability to a Consumer where doing so would be prohibited by the Consumer Rights Act 2022 or any other applicable law.
21.2 No B2B limitation or exclusion of liability in these Conditions applies to a Consumer unless expressly stated and legally enforceable.
22. Suspension and Default – Business Customers
22.1 The Company may suspend further deliveries, cancel undelivered orders, withdraw credit terms or require advance payment from a Business Customer where:
a. an invoice is materially overdue;
b. a credit limit has been exceeded;
c. the Business Customer is in material breach of Contract;
d. a payment is dishonoured;
e. the Business Customer's creditworthiness materially deteriorates;
f. the Business Customer ceases or threatens to cease trading;
g. insolvency, liquidation, receivership, examinership, restructuring or similar proceedings commence or are threatened; or
h. the Company reasonably believes that amounts due may not be paid when due.
22.2 Exercise of these rights shall be without prejudice to amounts already due or any other remedy available to the Company.
23. Insolvency – Business Customers
23.1 Where a Business Customer becomes insolvent or enters liquidation, examinership, receivership, restructuring or an analogous process, the Company may exercise any rights available to it under the Contract and applicable Irish insolvency law.
23.2 Nothing in these Conditions purports to override any mandatory restriction on termination, repossession or enforcement arising under applicable insolvency legislation.
24. Force Majeure
24.1 The Company shall not be responsible for delay or failure in performance caused by circumstances beyond its reasonable control.
24.2 Such circumstances may include:
a. natural disasters;
b. fire or flood;
c. epidemic or pandemic;
d. war, terrorism or civil unrest;
e. industrial disputes not limited to the Company's own workforce;
f. transport interruption;
g. port or customs delays;
h. supplier or manufacturer disruption;
i. shortages of raw materials or components;
j. interruption of utilities or telecommunications;
k. cyber incidents affecting third parties or essential infrastructure;
l. government action, sanctions, embargoes or restrictions; or
m. import or export restrictions.
24.3 The Company will take reasonable steps to minimise the effects of the event.
24.4 Consumers: Nothing in this clause restricts statutory rights available to a Consumer where Goods are not delivered or Services are not performed within the period required by law.
25. Product Safety and Recalls
25.1 Customers must comply with product safety notices, recalls, manufacturer instructions and reasonable safety directions notified by the Company or manufacturer.
25.2 Business Customers must promptly communicate relevant safety information and recall notices to employees, customers or end users to whom affected Goods have been supplied.
25.3 A Business Customer must not remove, obscure or interfere with safety notices, rating plates, conformity markings or serial numbers.
25.4 The Company shall comply with product-safety, traceability, conformity, recall and economic-operator obligations applicable to it under Irish and European Union law in the capacity in which it acts in the relevant transaction, including where applicable as distributor, importer or other economic operator.
26. Intellectual Property
26.1 All intellectual property rights in the Company's website, catalogues, quotations, drawings, photographs, designs, documentation, trademarks and other materials remain vested in the Company or the applicable rights owner.
26.2 No intellectual property right transfers to the Customer except any limited right necessary to use the Goods in the normal manner.
26.3 Customers may not reproduce the Company's proprietary photographs, catalogue materials, drawings or branding for commercial purposes without permission.
27. Data Protection
27.1 The Company processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Data Protection Act 2018 and other applicable Irish data-protection and electronic-communications legislation.
27.2 Information concerning:
a. the personal data collected;
b. purposes of processing;
c. legal bases;
d. recipients;
e. international transfers where applicable;
f. retention periods;
g. data-subject rights; and
h. contact details,
is set out in the Company's Privacy Notice, available at FlanneryGroup.ie
27.3 The Privacy Notice forms a separate notice and is not intended to reduce any rights under these Conditions.
28. WEEE and Environmental Compliance
28.1 The Company shall comply with its applicable obligations under the European Union (Waste Electrical and Electronic Equipment) Regulations 2014, as amended or replaced, and other applicable environmental legislation.
28.2 The Company's obligations depend on whether it acts in a particular transaction as a distributor/retailer, producer/importer or otherwise within the meaning of applicable legislation.
28.3 Where the Company is legally required to accept Waste Electrical and Electronic Equipment ("WEEE") on a like-for-like basis or provide another take-back arrangement, it will do so in accordance with applicable legislation.
28.4 Customers must not dispose of WEEE through ordinary household or general waste where separate collection is required.
28.5 Electrical and electronic equipment bearing the crossed-out wheeled-bin symbol should be collected separately and sent for appropriate reuse, treatment or recycling.
28.6 For details of applicable WEEE take-back arrangements, please contact:
Michael Flannery Catering Supplies Ltd, D5 Santry Business Park, Santry, Dublin 9, D09 P291. Email: info@FlanneryGroup.ie. Telephone: 01 – 842 8888.
28.7 Company WEEE registration details, where applicable:
WEEE Registration / Compliance Number: 1050W. Any additional producer, importer or retailer registration obligations shall apply according to the Company’s legal status in the relevant transaction.
29. Promotions and Discount Codes
29.1 Promotions, discount codes and promotional offers are subject to availability and any specific promotional terms notified at the time.
29.2 Unless otherwise stated:
a. promotions may not be combined;
b. discount codes have no cash value;
c. promotions are non-transferable;
d. eligibility requirements must be satisfied; and
e. promotions apply only during the stated promotional period.
29.3 The Company may refuse or withdraw a promotion where it reasonably believes there has been fraud, abuse, duplication, manipulation or a technical error.
29.4 Consumers: Nothing in this clause entitles the Company to withdraw a promotion after a binding Contract has arisen where doing so would unlawfully deprive the Consumer of an agreed contractual benefit.
30. Storage and Delayed Collection – Business Customers
30.1 Where Goods are ready for delivery or collection but a Business Customer requests or causes a delay, the Company may:
a. store the Goods;
b. invoice the Goods where contractually entitled to do so; and
c. charge reasonable storage, handling and redelivery costs.
30.2 Risk may pass in accordance with the Contract where delivery is prevented solely by the Business Customer, subject to applicable law.
30.3 Any storage, handling or redelivery charge under this Clause shall be reasonable having regard to the Goods, duration of storage and costs incurred. Nothing in this Clause authorises the Company to dispose of Goods owned by a Customer otherwise than in accordance with applicable law.
31. Customer Measurements and Information
Business Customers
31.1 Where Goods are ordered or configured using dimensions, specifications, drawings, utility information or other information supplied by a Business Customer, the Business Customer is responsible for its accuracy.
31.2 The Company shall not be responsible for additional costs caused by inaccurate or incomplete information supplied by a Business Customer except to the extent the Company has expressly accepted responsibility for verifying that information.
31.3 Customers should not rely solely on website or catalogue dimensions for critical installation clearances and should request confirmation where dimensions are critical.
31.4 Consumers: Nothing in this clause excludes responsibility where the Company has undertaken to measure, survey, advise or otherwise determine suitability as part of the Consumer Contract.
32. Assignment and Subcontracting
32.1 The Company may use appropriately qualified subcontractors to perform delivery, installation, servicing or other obligations.
32.2 Use of a subcontractor does not reduce any responsibility owed by the Company to a Consumer under mandatory consumer law.
32.3 A Business Customer may not assign a Contract without the Company's prior written consent, such consent not to be unreasonably withheld where appropriate.
33. Notices
33.1 Notices under a Contract may be delivered personally, by prepaid post or by email to the contact details most recently supplied by the relevant party.
33.2 This clause does not restrict any Consumer's statutory right to exercise a cancellation or other right using a method permitted by law.
34. Entire Agreement – Business Customers
34.1 For Business Customers, the Contract constitutes the entire agreement relating to its subject matter and supersedes prior negotiations, discussions and understandings.
34.2 Each Business Customer acknowledges that it has not relied upon a representation not expressly incorporated into the Contract.
34.3 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
34.4 This entire-agreement provision does not apply so as to restrict any mandatory Consumer right.
35. Governing Law and Jurisdiction
Business Customers
35.1 Contracts with Business Customers shall be governed by the laws of Ireland.
35.2 Subject to any mandatory rule of law, the courts of Ireland shall have exclusive jurisdiction in relation to disputes arising from Contracts with Business Customers.
Consumers
35.3 Consumer Contracts shall be governed by Irish law.
35.4 This choice of law does not deprive a Consumer of any mandatory protection available under the law which would otherwise apply.
35.5 Nothing in these Conditions restricts any right a Consumer has under applicable law to bring proceedings before a court of competent jurisdiction.
SCHEDULE 1
MODEL CONSUMER CANCELLATION FORM
Complete and return this form only if you wish to cancel a Contract to which the statutory cancellation right applies.
To:
Michael Flannery Catering Supplies Ltd
D5 Santry Business Park, Santry, Dublin 9. D09 P291
Email: info@FlanneryGroup.ie
I/We hereby give notice that I/We cancel my/our contract of sale for the following Goods / supply of the following service:
Goods/Services:
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Ordered on:
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Received on:
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Name of Consumer(s):
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Address of Consumer(s):
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Order number:
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Signature of Consumer(s):
(only if this form is notified on paper)
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Date:
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COMPANY CONTACT DETAILS
Michael Flannery Catering Supplies Ltd
Registered Office: D5 Santry Business Park, Santry, Dublin 9, D09 P291
Company Number: 355348
VAT Number: IE6375348 O
Telephone: 01 – 842 8888
Email: info@FlanneryGroup.ie
Website: FlanneryGroup.ie
Returns Address:
As Above
WEEE Registration / Compliance Details:
1050W
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Last updated: 10th September 2026