(4) Delivery is deemed to take place when the goods are delivered to the Customers nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
(5) Title in the goods does not pass to the Customer until payment is received in full by KennedyArt.
(6) If the Customer cannot accept delivery, KennedyArt may at its option:
(a) store and insure the goods at the Customers expense and risk or
(b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.

5. Payment and Credit Terms.

(a.) Payment Shall be due immediately upon delivery or collection of goods supplied by the Company in the form of Bank Direct Debit or Bankers Draft or otherwise as agreed to by the Company.
(b.) The Company reserves the right to charge interest at the rate of 3 per cent per day on any sums outstanding from the due date referred to in sub clause (a) above until payment in full is received by the Company.
(c.) The Companys Credit terms are 30 days net from date of invoice. Any credit given by the Company may be terminated at any time without notice, and all outstanding payments will become immediately due to the Company on such date. No further goods will be shipped to accounts that are overdue and all support and repair warranty services withdrawn until the account is brought into order. Repeated failure to keep to the Companys credit terms will result in the permanent loss of credit facility.

6. Product specifications

KennedyArt makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that KennedyArt cannot supply the goods ordered by the Customer, KennedyArt reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to KennedyArt in respect of that order to be refunded.

7. Trade names and Trade Marks

Trade names and marks (other than KennedyArt) are not always indications of manufacturers but may also be indicative of general use systems and machines associated with such products. In the case of component purchases, Customers requiring a particular brand of product should check with KennedyArt the manufacturer of component it is proposed to supply.

8. Warranties and Returns

(1) KennedyArt is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective, and in keeping with our commitment to providing Customers with excellent service, we offer the returns facilities set out below.
(2) All goods supplied by KennedyArt are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
(3) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, KennedyArt does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
(4) In the event that KennedyArt, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with KennedyArts prior agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or €20, whichever is the greater.


(a) KennedyArts Technical Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection of the product, or request that you return the product to us directly. Where appropriate, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: M Kennedy & Sons Ltd, 12 Harcourt St Dublin 2.
(b) All returned goods must be accompanied by KennedyArts Returns Authorisation number (RA) which can be obtained by contacting Customer Support on 01-4751749.Returned goods will not be accepted without a KennedyArt RA number. The RA number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
(c) KennedyArt cannot accept liability for packages damaged during transit. It is the Customers responsibility to wrap the product adequately to prevent damage.
(d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.
(e) On receipt of the returned product, we will test it to identify the fault you have notified to us.
(f) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costsof this return will be your responsibility.
(g) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturers instructions.
(h) The failure of a product to be Year 2000 complaint does not constitute a defect in materials and workmanship.

(6) Unless otherwise stated in the manufacturers documentation, all goods delivered to the Republic of Ireland address carry a 12-month manufacturers warranty. Customers who wish to make a warranty claim must comply with the manufacturers instructions and warranty procedure. In order to expedite a resolution of your problem, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.

9. KennedyArts liability

(1) KennedyArt shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. KennedyArts liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
(2) Nothing in this agreement shall limit KennedyArts liability for death or personal injury caused by its negligence.

10. Health and Safety

In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, KennedyArt confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use, and follows directions in the manufacturer’s safety sheets (where applicable).

11. Force Majeure

Where, in spite of its reasonable efforts, KennedyArt is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

12. Special Rules for Clearance Bargains & NCCR Products

(1) Goods sold as Clearance Bargains are downgraded goods that KennedyArt is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, the other terms and conditions contained herein.
(2) Clearance Bargains are graded according to the condition of the goods which is described at the point of sale. The length of the guarantee (if any) with the benefit of which the goods are sold is specified in the description of the relevant grade.
(3) KennedyArt makes every effort to ensure that Clearance Bargains are sold on a first come, first served basis. However, the customer accepts that the goods may for some reason become unavailable at any time prior to delivery in which case KennedyArt reserves the right to rescind the contract. In the event of the cancellation of the sale in these circumstances, KennedyArts liability is limited to the return of the purchase price paid by the customer.
(4) All goods sold by KennedyArt as Non current catalogue requests or Specials are sourced and sold subject to the following special rules that apply in addition to the other terms and conditions contained herein.
i) Products are non-returnable unless KennedyArt have made an error or the goods are faulty,
ii) quoted prices are valid for 14 days, and
iii) quoted prices are not subject to value, cash or volume discounts.

14. The Consumer Protection (Distance Selling) Regulations 2000

(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the KennedyArt website are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (the Regulations).
(2) If the Regulations apply, Customers may cancel goods purchased from KennedyArt by sending a notice of cancellation by post or hand delivery to KennedyArt, or by fax or e-mail.
(3) The notice of cancellation must be delivered within 7 days of the date of delivery of the goods.
(4) The Customer will be responsible for the cost of returning the goods. If theCustomer does not actually retur n the goods to KennedyArt, the Customer is under accordance with the laws of the Republic of Ireland and the parties submit to the exclusive jurisdiction of the Irish courts.
(5) KennedyArt may at its discretion record telephone calls for staff training and quality control purposes. The tapes will be erased after review.
(6) KennedyArt reserves the right to change or amend these terms and conditions at any time and without prior notice.