Welcome to JMC Parts
Ireland’s leader in International Agri PartsTerms and Conditions of sale
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website and in person.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website and you will also be provided with the opportunity to review them at the time of purchase through a clear direction to our website where they will be posted online.
1.3 This document does not affect any statutory rights you may have as a consumer.
2. Who and Where We Are Located
2.1 In these terms and conditions:
(a) "we" means John McCarthy Agricultural Machinery Limited; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
2.2 Our VAT number is 4859753E.
2.3 This website is owned and operated by John McCarthy Agricultural Machinery Limited which is an Irish registered company with registration number 127829, and with a registered office and principal place of business at Inchinattin, Reenascreena, Rosscarbery, Co. Cork, Ireland.
2.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on +353 238838938 or UK on +44 1244 457849; or
(d) by email, on enquires@jmcparts.com .
3. Online Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer and therefore, no contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.2 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order.
4. Products
4.1 We may periodically change the products available on our website and in our business generally, and we do not undertake to you to continue to supply any particular product or type of product.
4.2 In the event you request us to order in a particular part that we do not generally stock, we will require you to pay in advance for it. We do this because on past occasions customers have not followed up and purchased the part in question, therefore, we have had to change our policy in this regard.
4.3 Published product details, specifications and suitability information is the best available at the time. We shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s required for the repair. If you have ordered an item that has an unsuitable product description, we will remedy this by (at our discretion) providing you with a full refund upon the return of the product back to us.
5. Prices
5.1 Our prices are quoted to you on request and can be provided to you via email.
5.2 We will from time to time change our prices, but this will not affect contracts that have previously come into force.
5.3 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website or quoted to you from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of €25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we shall charge you interest on the overdue amount at the rate of 1% per year calendar month on the amount owed (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month). and without prejudice to our other legal rights or rights under these terms and conditions.
8. Deliveries
8.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process or as you have otherwise provided to us.
8.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date. We do not accept liability to you for any delay in the delivery of products ordered and although we will do our best to get all orders out as quickly as possible. If there is a real delay, then you will have the right to cancel delayed orders at any time and get a refund.
8.3 Unless there are exceptional circumstances, all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
8.4 We will use all reasonable efforts to deliver products within the Republic of Ireland within 72 hours, or, if being delivered to the United Kingdom mainland, within 48 hours.
8.5 If your delivery address is outside of Ireland or the UK, you may be required to pay import duties and taxes when your product(s) reaches your country. These and any additional charges for customs clearance are your responsibility.
8.6 All products are subject to availability and if we are unable to supply a particular product then we shall advise you within a reasonable period of time and discuss any other options that might be available to you.
8.7 If you do not collect the products from us as arranged or if, after a failed delivery to you (including where you have failed to provide any instructions, documents, licenses or authorisations required to enable the products to be delivered on time and this is not our fault), you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12 will apply.
9. Distance contracts (telephone or online): cancellation rights
9.1 This Section 9.1 to 9.7 below applies if and only if you offer to contract with us, or contract with us, as a consumer, that is, as an individual acting wholly or mainly outside your trade, business or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period beginning 14 days from when you receive the product(s).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us to Inchinattin, Reenascreena, Rosscarbery, Co. Cork, Ireland. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.7 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.8 This Section 9.8 to 9.10 below applies if and only if you contract with us, as a trade, business or profession.
9.9 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period beginning 14 days from when you receive the product(s).
9.10 In order to withdraw an offer to contract or cancel a contract on the basis described in Section 9.9 above, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision.
9.11 If you cancel a contract on the basis described in this Section 9, you must send the products back to us to Inchinattin, Reenascreena, Rosscarbery, Co. Cork, Ireland. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.12 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.13 If you do not inform us of your intention to cancel a contract within the 14 day period noted above then we reserve the right to charge 20% of the cost of the product(s) per calendar year – for demonstration purposes, if you wished to return a product purchased in 2021, you would be charged 20% of the sale price of the item, and, if the product was purchased in 2020, you would be charged 40% of the sale price of the item, and so on and so forth.
9.14 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) goods that are clearly personalised;
(b) the supply of goods which are, according to their nature, are inseparably mixed with other items after delivery;
(c) electronic items; or;
(d) consumables, such a belts, brakes etc.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) €500 (five hundred Euro); and
(b) the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15. Data Protection and Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15.3 All content included in our website, such as text and graphics (including in particular, copyright in all of our brochures), is owned and controlled by us and you agree that you may only read, print or download the content of this website solely for personal and non-commercial use. You are not permitted to copy, transmit or show or change in any way (or create derivative works of) the content of the copyright found on our website for any purpose whatsoever other than for ordering products without our prior written permission.
15.4 We will use any personal information that you provide to us in order to process your order and any payments and in accordance with our privacy policy.
16. Variation
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the prior written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19. Severability
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement and Priority of these Terms and Conditions
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products and take priority over all other terms and conditions, purchase order, confirmation order or similar you which many purport to apply.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with Irish law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Irish Courts.