Terms and Conditions

1.1 Quotes & Prices

1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
1.1.2. Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities and scope. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.
1.1.3. Quotes/estimates are based on the Merry Maker’s current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
1.1.4. Any stated timescale is reliant upon the client providing all required information within the time set out at project initiation.

1.2 Methods

1.2.1. Merry Maker reserves the right to sub-contract the fulfilment of an order or any part thereof.

1.3 Invoices & Payment

1.3.1.Merry Maker requires 50% of payment in advance, prior to the installation of work and to confirm the installation date.
1.3.2.Payment for the remaining 50% must be made no more than 30 days after the date of invoice unless otherwise agreed in writing in advance.
1.3.3. All invoices are subject to VAT at the current rate, unless a valid exemption certificate is provided.
1.3.4. All payments must be in Euros.
1.3.5. If Merry Maker incurs any costs as a result of the Client’s neglect or default, Merry Maker may charge those costs to the Client in addition to the contract price.

1.4 Force Majeure

1.4.1. Merry Maker shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Merry Maker elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.

1.5 Information Provided by You

1.5.1. You warrant that the name, address and payment information provided when you place your order with Merry Maker will be correct and you agree to notify Merry Maker of any changes in the name, address and/or payment details.
1.5.2. You agree that Merry Maker may disclose your name and address where any enquiries are made.

1.6 Indemnity

1.6.1. You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any services to you and your use of them.

1.7 Limitation of Liability

1.7.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause 1.7.2.
1.7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
1.7.3. In any event, no claim against the Agency shall be brought unless you have notified the Agency of the claim within one year of the issue arising.
1.7.4. In no event shall Merry Maker be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the provision of any goods or services by Merry Maker.

1.8 General Terms

1.8.1. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of Ireland and you hereby submit to the non-exclusive jurisdiction of the Irish courts.
1.8.2. Merry Maker shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
1.8.3. All quotes/estimates, and other documents are commercially confidential and may not be disclosed to third parties without prior written agreement.
1.8.4. Merry Maker reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
1.8.5. If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
1.8.5. This Agreement takes effect on the date on which you order our services. An order constitutes acceptance of all our Terms and Conditions