In these terms and Conditions, unless the context otherwise permits or requires, the following expressions shall have the following meanings:
a) “The Company” refers to BALLOON MAN. The offices of the company are situated at Unit 1 Kilcoole Industrial Estate, Greystones, Co. Wicklow.
b) “The Customer” means any person or company requesting the company to produce, supply or provide a product or service and includes any servant, agent or subcontractor of the customer.
c) “In Writing” means any communications between the Company and the Customer that is relating to the purchase of a good or service by the Customer through the use of telex, facsimile transmission, email, postal or comparable means of communication.
d) “The Hirer” refers to any person requesting the Company to produce, supply or provide a product.
Acceptance of Terms and Conditions
a) Any business undertaken by the Company or any information, advice or service supplied by the Company (whether charged for or not), is undertaken or provided subject to these Terms and Conditions and shall be the terms of any contract for supply of goods or services between the Company and the Customer.
b) These Terms and Conditions (subject to and together with any variation agreed in writing between the Company and the Customer) shall constitute the entire contract between the Company and the Customer. It shall override or supersede any previous agreement or arrangement between the Company and the Customer and in particular it shall operate to the exclusion of any Terms and Conditions at any time imposed by the Customer.
c) The Customer acknowledges that it has not entered into this Agreement relying upon any representation made by or on behalf of the Company and without prejudice to the generality of the aforementioned, the Company has not relied upon any correspondence, statement or sales literature issued by or on behalf of the Company.
d) The Hirer’s acceptance of the delivery or collection of the goods shall be conclusive evidence that the hirer has examined the goods and found them to be complete in accordance with the Contract and that the hirer found the equipment in a good working order, condition and fit for the purpose for which they are required.
Charges
a) All prices quoted, unless otherwise stated are prices of stock and works from The Company at the offices situated in Stillorgan. These prices are subject to an additional charge for packaging and carriage. Prices are subject to the addition of Value Added Tax where applicable (at the rate ruling at the date of invoice).
b) Payments must be made before goods are dispatched unless credit terms are agreed in writing. Settlement of credit accounts should be made within the first fourteen days of the month during which the goods are shipped or finally invoiced. Settlement terms are strictly net and we reserve the right to charge interest on overdue accounts at a rate of 5% over the Base Rate for the time being of AIB, from the fifteenth day of the month following the month of shipment or final invoice.
c) Deposits are non-refundable.
d) In the case of non account customers, a refundable sum is payable in addition to the charge imposed by BALLOON MAN and at the option of the owner may be used towards monies due from the hirer to the owner. It is only used refundable after all such sums have been deducted.
e) When using BALLOON MAN, the Company must be informed immediately of any extension in the hire period and the hirer shall be charged accordingly.
f) Rental goods must be available for collection at the delivery address, unless otherwise agreed. All deliveries and collections will be charged for. Any extra expenses incurred where subsequent journeys are made necessary will be charged accordingly.
g) The Company reserves the right, by giving notice to the Customer at anytime before delivery, to increase the price of goods to reflect any increase in the cost to the seller which is due to any factor beyond the control of the Company.
h) The Company shall not be bound to deliver or dispatch any further goods ordered for so long as the Customer is default of due payment or any other conditions contained within this document.
Supply of Goods
a) The contract shall require the Customer to give particulars sufficient to enable the Company to deliver at the time(s) or within the period specified.
b) Where the Customer must perform any act to enable the Company to deliver the goods, such an act must be carried out so as to enable the Company to make delivery within the time stipulated. If default is made in carrying out such an act and the Company is thereby unable to deliver within the contract time, the Company shall have the right to cancel any deliveries and the Customer shall pay loss sustained by the Company.
c) If by the completion date (subject to any extension agreed upon) any goods under this Contract have not been taken up by the Customer the Company shall have the right to cancel any goods that they have been prepared to deliver but which have not been taken up. Any cancellation under this clause shall not prejudice the right of the Company to claim damages against the Customer where there has been no fault of the Company.
d) The Company reserve the right to charge for storage of the goods where the Customer fails to give delivery instructions within fourteen (14) days of it being notified that the goods are ready for delivery or collection.
e) All sizes quoted are approximate. All bulk quantity printed products over 500 pieces are supplied subject to a variation in quantity of up to 10 % over or below the quantity ordered.
f) The Company shall not be liable in any way in respect of late delivery howsoever caused, nor shall such failure be deemed to be in breach of the Contract. Any suggested delivery or completion date is given as an estimate only and is not to be of the essence of the Contract.
g) The risk in the goods passes to the Customer upon delivery to the carrier, but title in the goods remains vested in the Company and shall only pass to the customer upon full payment being made. The Customer agrees that prior to the full payment being made, the Company may at any time enter upon the Customer’s premises and remove the goods there from.
h) Where BALLOON MAN stock is hired, all equipment remains the property of the Company at Stillorgan. i) During the period of hire from BALLOON MAN, the Hirer is solely responsible for the hired goods.
j) No goods will be accepted by the owner other than that which has been hired and specified on the collection note. Any goods returned which do not belong to the owner will be notified to the Hirer. Should they not be collected within twenty eight days (28), the owner reserves the right to dispose of them. Should the hirer wish to have them returned to them then it is at the Hirer’s expenses.
k) Any person not the Customer, who signs a collection note must be authorised to do so in writing by the hirer and will be deemed to be so.
l) The hire of any goods from the company shall be deemed to continue until the goods are made available to the owner or returned to their possession. In the case of a late return of hired goods a hire charge equivalent to the daily hire rate will be made. At all times during the hire, the Customer shall be responsible for insuring all of the rented goods.
m) Should the Company be delayed or prevented from carrying out its obligations under the contract, by an Act of God, riot, strike, lockouts, trade disputes, fire, flood, labour disputes, political issues or any circumstances whatsoever outside of the Company’s control, then the Company shall not be liable to the Customer for any loss or damage whether direct or indirect that may thereby be suffered by the Customer.
Design & Production
All base prices include one colour, one position personalisation and are per item unless otherwise stated. Artwork, screens, delivery and set-up charge are payable in addition to the base price and may vary with each product. It is not always possible to print the exact quantity ordered and therefore an overrun or under run of no more than 10% will be deemed to be proper performance of the Contract and there will be a pro-rata adjustment of the price with any additional price being due and payable from the Buyer from delivery and any refund being due and payable from Balloon Man Ltd from delivery. Prices correct at time of press, prices subject to change without notice, prices exclude VAT.
The colour descriptions are to act as a guide and are therefore not guaranteed to be the exact colour of the item. Goods will be in accordance with approved artwork, failing which Balloon Man Ltd will re-run the order, refund the price paid or issue a credit to the Buyer’s account.
Third party Logos shown on Balloon Man Ltd’s website are for display purposes only and do not indicate that owners of the logo of that company have endorsed the product concerned.
The quantity and description of the Goods shall be as set out in Balloon Man Ltd’s quotation or acknowledgement of order.
All samples, drawings, descriptive matter, specifications and advertising issued by Balloon Man Ltd and any descriptions or illustrations contained in Balloon Man Ltd’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
Risk
The Goods are at the risk of the Buyer from the time of delivery. Ownership of the Goods shall not pass to the Buyer until Balloon Man Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:
a) the Goods; and
b) all other sums which are or which become due to Balloon Man Ltd from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
a) hold the Goods on a fiduciary basis as Balloon Man Ltd’s bailee;
b) store the Goods (at no cost to Balloon Man Ltd) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as Balloon Man Ltd’s property;
c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
d) maintain the Goods in satisfactory condition and keep them insured on Balloon Man Ltd’s behalf for their full price against all risks to the reasonable satisfaction of Balloon Man Ltd. On request the Buyer shall produce the policy of insurance to Balloon Man Ltd.
The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and
b) any such sale shall be a sale of Balloon Man Ltd’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
The Buyer’s right to possession of the Goods prior to the passing of title shall terminate immediately if:
a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between Balloon Man Ltd and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
c) he Buyer encumbers or in any way charges any of the Goods. Balloon Man Ltd shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Balloon Man Ltd. The Buyer grants Balloon Man Ltd, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them. Where Balloon Man Ltd is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by Balloon Man Ltd to the Buyer in the order in which they were invoiced to the Buyer. On termination of the Contract, howsoever caused, Balloon Man Ltd’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.
Usage
a) The Company does not accept responsibility for the suitability or any particular end use of the goods supplied unless previously agreed by the Company in writing. The Customer acknowledges the limitations of products supplied, with particular attention drawn to the limitations of inflatables where there is a dependence on acrobatic principles and climatic conditions. It is the Customer’s responsibility to guard against weather conditions when the use of an inflatable is not recommended.
b) It is the Customer’s responsibility to ensure that the use to which any merchandise supplied by the Company is put, complies with requirements of local planning authorities and other interested departments and that in the event of there being any infringement thereof the Customer will not be entitled to compensation for any breach of contract of sales.
c) The safe operation of “Bouncers” is the responsibility of the Customer. d) In respect of helium filled inflatables, no guarantee can be given of helium requirement, usage or leakage through fabrics or materials of manufacture.
Assignment
a) Balloon Man Ltd may assign the Contract or any part of it to any person, firm or company.
b) The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of Balloon Man Ltd.
Price
Unless otherwise agreed by Balloon Man Ltd in writing, the price for the Goods shall be the price set out in the written acknowledgement of order from Balloon Man Ltd. The price for the Goods shall be exclusive of any value added tax which the Buyer shall pay in addition when it is due to pay for the Goods.
Payment
a) Subject to conditions, payment of the price for the Goods is due upon submission of the Order by the Buyer unless otherwise agreed in writing.
b) Time for payment shall be of the essence.
c) No payment shall be deemed to have been received until Balloon Man Ltd has received cleared funds.
d) The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by Balloon Man Ltd to the Buyer.
If the Buyer fails to pay Balloon Man Ltd any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to Balloon Man Ltd on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank, accruing on a daily basis until payment is made, whether before or after any judgment. Balloon Man Ltd reserves the right to claim interest.
Force Majeure
Balloon Man Ltd reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Balloon Man Ltd including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice in writing to Balloon Man Ltd to terminate the Contract.
Copyright Notice
All elements of the Balloon Man.ie website are protected by and governed by copyright laws. Any material (text, image or otherwise) downloaded from the Balloon Man.ie website to your computer, remains in the ownership of Balloon Man.ie or its suppliers.
The website’s layout text, graphics, photos, (and layout thereof), source code and scripts are copyright of Balloon Man.ie. All rights reserved.
Visitors to this site may electronically copy, print in hard copy, or reference the websites content for the sole purpose of either placing an order, or for other fair use. Fair use is deemed as non-profit “at home” use, which may include literary or social criticism or parody. Reference must always be given to ‘www.balloonman.ie’. Images and logos may not be distorted in any way.
Any other use of materials on this Web site – including reproduction for purposes other than those mentioned above, modification, distribution, or republication – without the prior written permission of Balloon Man.ie is strictly prohibited.
Copyright of product images remains with Balloon Man.ie suppliers, and are used with permission.
Promotions, Special Offers & Competitions
Product prices are correct at time of press. Balloon Man.ie reserves the right to change prices and descriptions without notice.
Balloon Man.ie also reserves the right to amend or withdraw promotions and competitions at any time without notice. A specific offer cannot be used in conjunction with any other offer.