Terms and Conditions of Sale governing sale of goods from Conveyors & Packaging Services Limited


Basis of Contract

Conditions shall be binding unless accepted in writing by an officer of the Seller authorised for that purpose.

Quotations, Orders, Specifications and Performance

An offer will be constituted only by an order from the Buyer, and a Contract will be created only by the Seller's acceptance of the Buyer's order
The quantity, quality and description of and any specification for the Goods shall be those set out in the Buyer's order subject to such amendment as is contained in the Seller’s acceptance
Where applicable, the charge for manufacture/installation and commissioning is based on current labour rates, and is thus liable to alteration in the event of a charge in these rates before the work is carried out.


The Seller delivering the Goods to the Buyer’s premises shall make delivery of the Goods.
The Seller does not guarantee the exact date of delivery. Time for delivery shall not be of the essence in the event of an act of God, governmental direction or industrial or international unrest or any other cause of whatsoever nature beyond the control of the Seller, the Seller shall not be liable for any default in the performance of the Contract arising there from
If in the opinion of the Seller the Buyer is in an unstable financial position or is in breach of any Contract with the Seller, the Seller may stop any Goods in transit and suspend further deliveries and may determine any Contract with the Buyer without prejudice to any existing claim


The Buyer shall be deemed to have accepted the Goods as ordered unless the Seller shall have within 10 days following delivery of the Goods received notice in writing from the Buyer of any matter or thing by reason whereof he alleges that the Goods are not in accordance with the Contract.

Price and Terms of Payment

The price of the Goods (excluding VAT) shall be the ‘sales price' referred to overleaf provided that all such prices are valid for 30 days only from the date of this order.
The Seller shall be entitled to add to the price the amount of any tax or other governmental charges, which the Seller must pay in respect of the Goods.
The Buyer shall pay the price of the Goods within 30 days of the date of the Seller's invoice. If the invoice is not paid within the said 30 days, the Seller reserves the right to charge interest at the rate of 2% per calendar month for every day following expiry of the said 30 days

Risk and Property

The ownership of all Goods sold by the Seller whether or not delivered to the Buyer shall remain with the Seller until the full purchase price has been paid by the Buyer.
The Buyer hereby grants the Seller a right of entry onto the land and premises of the Buyer for the recovery of such Goods. The Seller shall be entitled to use all reasonable means for their recovery.
The risk of damage to or loss of the Goods (and those Articles into which those goods are subsequently incorporated) shall pass to the Buyer on delivery irrespective of which property in the said Goods and/or Articles remains in the Seller.

Complaints, Warranties and Liability

The Seller shall not be liable for any direct, indirect, consequential or incidental loss (financial or otherwise) arising out of the use of the Goods shall be limited to the purchase price of such Goods actually paid under the Contract.
No liability in respect of Goods alleged to have been lost, undelivered, pilfered or damaged in transit should be accepted by the Seller where the risk in the Goods shall be passed to the Buyer before the alleged incident or where the Buyer's carrier has given a receipt for the Goods. No Goods shall be returned to the Seller save with its consent and the Seller's certificate as to the quality and condition of the Goods so returned shall be final and binding.
The Seller makes and gives no warranty condition or representation in regard to the Goods save as expressly stated in writing by an officer of the Seller authorised for the purpose and it shall not be a condition of this Contract that the Goods supplied hereunder are fit for the purpose for which the Buyer wants them, whether or not this purpose has been made known to the Seller and/or are of merchantable quality. The Buyer accepts that prior to agreeing to purchase the Goods hereunder he has satisfied himself to their fitness for this purpose and as to their merchantable quality in regard to the use for which he requires them and has not relied upon the Seller's skill, judgement representations, if any, before so satisfying himself.
The Buyer represents to the Seller that the Buyer buys the Goods from the Seller in the course of or for the purpose of a trade or undertaking carried on by the Buyer and the Buyer does not deal with the Seller as a 'Consumer' within the meaning of Section 3 of the Sale of Goods and Supply of Services Act, 1980 or within the meaning of European Communities (Unfair Terms in Consumer Contracts) Regulations 1995.
The Buyer hereby expressly agrees that the provisions of this Clause 7 are fair and reasonable in the circumstances.

Patents, Trademarks and Designs

In consideration of payment by the Buyer to the Seller, the Buyer is authorised to use for itself all intellectual property rights of the Seller necessary for the installation, operation and maintenance of the Goods (the 'Rights') provided that: -

The Buyer must not duplicate or modify the Rights or divulge or otherwise disclose or make available the Rights or any documentation or other material compliant or associated with the rights to any person; and Nothing herein contained shall be construed as transferring any of the Rights or any patent, utility model, trademark, design or copyright or any other intellectual property rights in the goods or in any product that the Goods can produce and all such rights are expressly reserved to the Seller.

Use of the Rights by the Buyer as aforesaid is, in addition, subject to the terms and conditions on which the Rights are held by the Seller.


Immediately upon delivery of the Goods, the Buyer shall be liable to insure the Goods against all loss or damage by accident; fire, theft or other risks usually covered insurance, the Goods to be insured at their full replacement value.

Applicable Law/Jurisdiction

The Contract shall be governed by and construed in all respects in accordance with the laws of Ireland. The parties hereby submit to the non-exclusive jurisdiction of the Country of Ireland.
These Conditions shall form part of all Contracts between the Seller and the Buyer for the sale of Goods and all conditions contrary to these Conditions are hereby exclusive, no variation of these accepted.