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Settlement Terms


Settlement terms: 1.5% Settlement Discount, to specific customers only

Settlement discount is automatic to all customers with credit accounts

Credit accounts will receive 1.5% settlement discount if paid within 21 days with a further 7 days grace Late Settlement Combating Late Payment in Commercial Transactions - European Communities (Late Payment in Commercial Transactions) Regulations 

Payment: Payment can be made by cheque or draft, postal order or direct to Bank.   Please do not send cash by post.

In Ireland we do not accept credit cards, we will when our online store starts trading.

International Payment

We do not take credit cards, All sales are through  international bank drafts payable to DBN or direct to bank via international swift code. Ask for details on submitting email order.

Credit Law: This law will be implemented in Ireland by the European Communities (Late Payment in Commercial Transactions) Regulations 2002 which provide that penalty interest will become payable if payments for commercial transactions are not met within 30 days, unless otherwise specified in a contract or agreement. Any commercial contract made under the law of another member state of the E.U. will have access to similar entitlements resulting from this legislation. 

Current Credit Position in Ireland. In 1994, a Task Force on Small Business recommended that legislation be introduced to ensure Prompt Payment by the public sector. The Prompt Payment of Accounts Act, 1997 was enacted following this recommendation. Ireland was one of the first countries in the E.U. to introduce such a law. This Act requires public sector organizsations to pay their bills on time or else pay penalty interest. 

The effect of this Act has been to substantially improve the payment times in the public sector. 

Payment periods and payment delays in E.U. Member States There are significant differences between the Member States of the E.U. as regards payment periods and payment delays. Payment deadlines vary from as low as 27 days to a high of 94 days. 

The average is 53 and Ireland is just below this at 51 (see table). Although these figures are some six years old we do not have reason to believe they have changed significantly. Given the wide disparity in current average payment periods throughout Europe, it is hoped that this harmonising measure will ease cross-border trading difficulties and help promote a culture of prompt payment in Ireland. 

Outline of the Regulations 

The Regulations will apply to commercial transactions in both the public and private sectors. However, there are some exceptions. 

These are: debts that are subject to other laws e.g. insolvency proceedings claims for interest of less than 5 euro transactions with consumers contracts that were agreed before 8 August 2002 Payment Period The Regulations provide that interest shall be payable in respect of a late payment. In addition, it will be an implied term of every contract that interest is payable if debts are not paid on time. A payment is regarded as late when 30 days have elapsed unless an alternative payment period is specified in an agreed contract In the case of an agreed contract payment is regarded as late if the payment period exceeds the date or end of the period for payment specified in the contract. Where the contract does not specify a payment period a default payment period of 30 days will apply. This 30 day payment period begins on: the date of receipt by the purchaser of an invoice for payment or the date of receipt of the goods or services where; the date of receipt of the invoice is uncertain or the purchaser receives the invoice before the delivery of the goods or services in question. In cases where the parties have agreed a procedure for acceptance or verification of the goods or services, the 30 day payment period starts after this process has been completed.

Rate of Interest

The interest rate chargeable for late payment is the European Central Bank (ECB) rate plus 7 percentage points. 

Parties to a contract may agree an alternative interest rate. The ECB rates in force apply for the following six months in each year. Only one rate will apply to a late payment which should be the rate in force on the payment date.

 

The annual interest rate applicable is applied to late payments on a daily basis. 

Check the Department of Enterprise, Trade and Employment’s website (see Associated Links) for the latest applicable late payment interest rate. The up to date ECB rates can also be seen on the ECB website.

Grossly Unfair Terms

Contracts and terms of trade (interest rate chargeable and payment period) must be fair.

The use of terms that are grossly unfair may be unenforceable. Criteria for testing whether terms are grossly unfair are specified in the Regulations and include the following:

  • Good commercial practice

  • The nature of the goods or services concerned

  • The relative bargaining positions of the parties

  • If the supplier received any inducement to agree to the term in dispute

  • Whether the purchaser has any objective reason to 'deviate' from normal payment periods or interest rates.

Grossly unfair terms may be challenged in Court by a supplier and compensation may be awarded.

Representative actions

Grossly unfair trading terms may also be challenged by organisations representing small and medium sized enterprises. 

To challenge grossly unfair trading terms, representative organisations must have a legitimate interest in and be representative of SMEs. Representative organisations may take an action, before a court on behalf of its members, seeking a ruling that contractual terms drawn up for general use are grossly unfair.

 

Contact Details
Organisation: Department of Finance
Address: Government Buildings, Upper Merrion Street, Dublin 2, Ireland.
E-mail: webmaster@finance.irlgov.ie