Terms & Conditions

1. Who you are contracting with

Duratite, CRO 821494, registered office: Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork, T23 AT2P.

Contact: info@duratite.ie

2. Business customers and consumers

These Terms apply to two types of buyer, and not every clause applies to every buyer:

• Business customers — buyers who order in the course of a business, trade, profession or craft (including contractors, applicators, builders, merchants, developers, public bodies and other commercial buyers). Clauses 7.2, 10 and 11 apply in full, and the rights set out in clause 8 (consumer cancellation) do not apply.
• Consumers — natural persons buying wholly or mainly outside their trade, business, craft or profession. Where the law gives consumers rights that cannot be excluded, nothing in these Terms restricts those rights.

If you place an order using a business name, business email domain, VAT number, or for delivery to a commercial address or building site, you will be treated as a business customer.

3. Orders and contract formation

3.1 All orders placed through our website or otherwise are subject to acceptance and availability.

3.2 Your order is an offer to buy from us. You will receive an order acknowledgement by email, which is not an acceptance.

3.3 A binding contract is formed only when we confirm dispatch of the goods (or, for goods collected, when we hand them over).

3.4 We may refuse or cancel any order at our discretion before dispatch, including (without limitation) where payment cannot be processed, stock is unavailable, the price or product description was incorrectly stated on the website, or we suspect fraud or misuse.

3.5 We reserve the right to limit quantities, refuse trade discounts where the buyer’s status cannot be verified, and decline to supply to addresses outside our normal trading area.

4. Prices and payment

4.1 All prices are shown in EUR (€) and, unless stated otherwise, exclude VAT. The applicable VAT will be added at checkout.

4.2 Prices may change at any time before an order is accepted. Once we accept an order under clause 3.3, the price will not change.

4.3 Payment is due in full at the time of order unless we have agreed credit terms in writing. We accept the payment methods shown on our website.

4.4 Where credit terms have been agreed, invoices are due as stated on the invoice. We reserve the right to charge interest as permitted by law on overdue invoices from business customers, together with reasonable recovery costs.

5. Delivery

5.1 We deliver to addresses within Ireland. Deliveries to other regions may incur additional charges and longer lead times, and are available on request.

5.4 You must ensure that a competent adult is available at the delivery address to receive the goods during normal working hours on the expected delivery day. Where:

• (a) no one is available to accept delivery; or
• (b) the delivery point is unsuitable, inaccessible, unsafe, or cannot lawfully be accessed by the delivery vehicle; or
• (c) the goods are refused on delivery without lawful reason,

we (or our carrier) may attempt re-delivery, and you will be liable for the reasonable costs of any failed delivery and re-delivery.

5.5 Risk in the goods passes to you on the earlier of (i) delivery to the address you specified, (ii) the first attempt at delivery to that address, or (iii) collection by you or your nominated carrier from our premises.

5.6 Title in the goods does not pass to you until we have received payment in full (including any applicable VAT and delivery charges).

6. Inspection, shortages and damage in transit

6.3 We may, at our discretion, replace damaged or short goods or refund the corresponding amount. Replacement or refund of the affected goods is your sole and exclusive remedy for any such claim, subject to clause 10.

7. Product information, suitability and application

7.1 We make every reasonable effort to ensure that product descriptions, images, technical data sheets and specifications on our website and in our documents are accurate. Minor variations in colour, finish, batch and packaging may occur and are not defects.

7.2 Suitability and application are the buyer’s responsibility. Many of the products we supply (including coatings, sealants, spray foams, primers and resins) are specialist construction products that require specific substrate preparation, ambient conditions, mixing, application technique and competent operatives. The buyer is responsible for:

• (a) reading and complying with the current manufacturer’s data sheet, application guide and safety data sheet (available on request);
• (b) ensuring the product is suitable for the intended purpose and substrate;
• (c) ensuring that the product is applied by a person competent to do so;
• (d) ensuring that all preparation, ventilation, PPE and curing requirements are met.

7.3 We do not accept liability for any defect, failure or loss arising out of the use of our products outside the parameters set out in the manufacturer’s current documentation, or arising from inadequate substrate preparation, incorrect application, unsuitable conditions, or use by persons not competent to apply the product.

7.4 Where we provide technical advice, recommendations or sample specifications, we do so in good faith as guidance only. Any such advice does not amount to a warranty as to result, and the buyer remains responsible under clause 7.2.

8. Consumer cancellation (consumers only)

8.2 To exercise this right, contact info@duratite.ie with your order number and a statement that you wish to cancel.

8.3 You must return the goods to us, in their original condition and packaging, at your own cost, within 14 days of telling us you wish to cancel. We will refund the price paid for the goods (and the original outbound standard delivery charge, but not the cost of any premium or expedited service or the return cost) within 14 days of receiving the goods back or evidence that you have returned them.

8.4 The right to cancel under clause 8 does not apply to:

• (a) goods made to your specification or clearly personalised (e.g. cut-to-size, bespoke colour matches);
• (b) goods which are liable to deteriorate rapidly;
• (c) sealed goods which are not suitable for return for health-protection or hygiene reasons and which have been unsealed after delivery (this includes most opened pails, cartridges and aerosol products); and
• (d) goods which, after delivery, have become inseparably mixed with other items.

8.5 This clause sets out additional rights for consumers and does not replace any other rights you may have under Irish consumer law.

9. Returns (business customers)

Returns by business customers are at our discretion and subject to our then-current returns policy, which may include a restocking fee of up to 25%. Bespoke, special-order and opened products are non-returnable. Approval for return must be obtained from us in writing before the goods are sent back.

10. Liability

10.1 Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by law as to title; (iv) liability for defective products; or (v) any other liability which cannot be excluded or limited under Irish law.

10.4 The exclusions and limitations in this clause apply whether or not we were advised of the possibility of such loss.

10.5 Nothing in these Terms restricts a consumer’s rights to claim damages where these cannot lawfully be excluded.

11. Events outside our control (force majeure)

11.1 We will not be in breach of these Terms, nor liable for any delay or failure to perform, where the delay or failure is caused by an event outside our reasonable control, including (without limitation): acts of God, weather, fire, flood, pandemic or epidemic; war, terrorism, civil disturbance; strikes, lockouts, industrial action; carrier or supplier failure; vehicle breakdown or accident; shortage of raw materials, fuel, components or labour; failure of public or private telecommunications networks; failure of computer systems; or any act, order, regulation or restriction of any government or competent authority.

11.2 Where such an event occurs, our obligations are suspended for the duration of the event, and we will use reasonable endeavours to find a solution that allows performance.

12. Intellectual property

All content on this website — including text, images, logos, trademarks, drawings, technical content, data sheets and downloads — is the property of Duratite or its licensors. You may not reproduce, distribute, modify or commercially exploit any of it without our prior written consent.

13. Use of the website

You agree to use our website only for lawful purposes. You must not copy, distribute, scrape, frame or misuse any part of the website or its content. We reserve the right to restrict access or remove content without notice where we believe misuse has occurred.

14. Privacy and data protection

Your personal data is handled in accordance with our Privacy Policy. By placing an order or using our website, you consent to such processing.

15. Changes to these Terms

We may update these Terms from time to time. The version applicable to your order is the version in force on the date your order is accepted (clause 3.3). The latest version is always available on this page.

16. Entire agreement

These Terms (together with any written contract, quotation, specification or order acknowledgement we issue) form the entire agreement between you and us. They supersede any previous discussions, representations, communications, or printed standard terms (including the buyer’s own purchase order terms), all of which are excluded.

17. No waiver, severance, assignment

17.1 A delay in enforcing any right under these Terms is not a waiver of that right.

17.2 If any provision of these Terms is held to be unenforceable, the remainder remain in full force.

17.3 You may not assign your rights without our prior written consent. We may assign or subcontract our rights or obligations on notice to you.

18. Third-party rights

Nobody other than you and us has any right to enforce these Terms.

19. Governing law and jurisdiction

These Terms are governed by the law of Ireland. The courts of Ireland have exclusive jurisdiction to settle any dispute arising out of them, save that we may bring proceedings against you in any other court of competent jurisdiction to recover sums due.

Nothing in these Terms affects your non-excludable statutory rights as a consumer under Irish law.