All quotations are made and all orders are accepted subject to the following conditions, which shall form part of and govern the contract of sale. DELPAC LIMITED is in hereafter referred to as ‘the Company’. Words importing the masculine gender only in the said conditions include the feminine and works im porting the singular number only include the plural number and vice versa and where there are two or more persons, firms or Corporation’s, included in the expression ‘Buyer’, the said conditions shall be deemed to be binding upon such persons, firm or Corporation’s jointly and separately.
- No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until confirmed in the form of an Order Acknowledgement, with any amendments necessary, by the Company’s authorized representative.
- Unless otherwise expressly agreed in writing by the Company, these conditions shall override any terms or conditions stipulated, incorporated or referred to by the Buyer in his order or negotiations. TOLERANCE
- All quotations are made and all orders are accepted subject to availability of raw materials, and sub ject also to normal manufacturing tolerances as to width, length, thickness, description, print registra tion and colour, dimensions being measured overall, e. cut to cut.
- The prices stated overleaf are subject to change and the actual prices to be paid shall be those ruling at date of dispatch.
- Goods will be delivered as soon as they are ready and time shall not be deemed the essence of the contract so far as concerns delivery of the goods and, apart from protracted and unreasonable delay on the part of the Company, the Company shall not, by reason of agreeing to deliver by a
Specific date, be deemed t have waived the benefit of this condition. LOSS OR DAMAGE
- The Company does not accept liability or responsibility for any loss or damage, whether direct of indirect or consequential arising from non-delivery of delays in delivery for any
- Any particulars or instructions to be supplied by the Buyer before the Company can proceed with or complete a contract, must be furnished within a reasonably time to enable the Company to deliver the goods within the time specified.
- Where a contract calls for delivery by installments, each installment shall be deemed to be the sub ject of a separate contract and non-delivery or delay in delivery of any installment shall not affect the balance of the contract or entitle the Buyer to cancel same.
- The Company cannot guarantee exact quantities and the Company shall be deemed to have fulfilled its contract by delivery of a quantity of plus or minus ten per cent of the quantity specified (or twenty-five per cent on quantities not exceeding 5,000 pieces) and the Buyer shall pay at contract rate for the ac tual quantities delivered.
- In the case of printed good, the Company will not accept liability or responsibility for any errors in proofs which have been passed by the Buyer and any charges incurred by the Company in the prepara tion of all special tools, sketches, printed blocks, etc., shall be charged extra. Buyers property is ac cepted, used in processing or processed and stored entirely at Buyer’s risk, and the Company does not accept liability or responsibility for loss or damage to such property whether direct or indirect or conse quential arising from any
- The copyright in any design drawn for the Buyer by the Company or its representative shall belong solely to the Company.
DEFAULT IN PAYMENT
- If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to, without prejudice to the rights of the Company under condition 19 of these Conditions and to any of the Company’s other rights arising out of such default in payment on the part of the Buyer:
- cancel this and any other contractor suspend any further deliveries to the Buyer, until payment, of all sums under this contract in full is made;
- appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Buyer;) and
- charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 10 per cent per annum, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
- impose an administrative charge in the sum o( €50.00 as a contribution to additional costs incurred by the Company as a consequence of the default, of the
- Where the goods consist of containers, wrappers or other articles intended for use in connection with any food, drug or other substances, the Buyer shall satisfy himself that such food articles or other substance is not or is not likely to be affected by any material used by the Company in the manufacture or printing of such containers, wrappers or other articles and the Company shall not be liable to the Buyer or any Third Party in respect of any claim alleging that such food article, drug, or substance has been adversely affected.
- The suitability of the Company’s products for the packing of any particular commodity must be at the Buyer’s risk and, unless specifically stated in writing by the Company, no warranty or condition is given or shall be implied that the goods supplied are suitable in size, shape, capacity and quality or otherwise for the purpose for which the goods are bought.
- No responsibility will be accepted in respect of non-delivery of goods unless the Buyer notifies the Company and the Railway Executive, or the carriers, within fourteen days of Damage or shortage must be noted on the Carrier’s Delivery Sheets and notifications sent to the Company and the Railway Executive or other carriers, within three days of delivery. Except as aforesaid no claim of any kind will be accepted unless the claim is received by the Company in writing within fourteen days from the date of invoice.
- The Buyer is advised in his own interest to examine the goods before further manufacture as the Company accept no claim or liability for material which has been cut, printed or otherwise fabricated or processed.
- In no circumstances shall the Company’s liability for consequential losses or otherwise, exceed the invoice value of the goods supplied by the Complaints in respect of alleged faulty goods shall not be a ground for withholding payment for the Buyer of any sum due and payable by him and
- Shall not give any right of set off against payment due from the Buyer to the Company. In the event of a claim against the company in respect of faulty goods, the Company’s liability shall in affy event be limited and shall be only in respect of any goods actually defective. No complaint as to the quality of
- Goods supplied can be considered unless made within thirty days of receipt of goods and accompanied by the control label attached to the goods in question.
CARRIAGE: Carriage is charged at cost. RISK AND PASSING OF TITLE
- (1) Unless the contract otherwise provides, the risk in all goods shall remain in the Company until the point of delivery set out in the Contract and unless the Buyer shall have given notice to the Com pany or the Carrier as provided by Condition 15 hereof all goods shall be deemed to have been fully delivered to the Buyer and risk in all goods transferred to the 18) (2) until full payment has been received by the Company for all goods whatsoever supplied (here inafter in this condition 18 (2) referred to as ‘the goods’ and for all services rendered at any time by the Company to the Buyer.
- Property of the goods shall remain in the Company.
- Should the goods (or any of them) be converted into a new product, whether or not such convert sion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be effected by the Buyer solely as agent for the Company and the Company shall have the full legal and beneficial ownership of the new product.
- the ordinary course of business in the basis that the proceeds of sale shall belong to the Company to whom the Buyer shall account on demand, provided that the Buyer shall have no authority to enter into any contract of sale on behalf of the Company and any contract of sale shall accordingly be concluded in the name of the BuyerThe Buyer shall store the goods and the new product referred to in (b) above separately and in such a way that they can be readily identified as being the property of the Company.
- Subject to (e) and below, the Buyer shall be at liberty to sell the goods and the new product in
- The Company may at any time revoke the Buyer’s power of sale by notice to the Buyer if the Buyer is in default for longer than seven days in the payment of any sums whatsoever due to the Company (whether in respect of the goods or any other goods supplied or services rendered at any time by the Company to the Buyer or for any other goods supplied or services rendered at any time by the Com pany to the Buyer or for any other reason whatsoever) or if any bill of exchange, cheque or other nego tiable instrument drawn or accepted by the Buyer in favor of the Company is
The Buyer’s power of sale shall automatically cease if the Buyer being an individual or where the Buyer is a firm, any partner in the firm at any time commits an act of bankruptcy or has a petition or re ceiving order or administration order presented and made against him or calls a meeting ofDishonored on presentation for payment or if the Company has bona fide doubts as to the solvency of the Buyer.
The Buyer’s power of sale shall automatically cease if the Buyer being an individual or where the Buyer is a firm, any partner in the firm at any time commits an act of bankruptcy or has a petition or re ceiving order or administration order presented and made against him or calls a meeting of creditors or makes a composition or arrangement conveyance or assignment for the benefit of his creditors, or purports to do so or being a company goes into liquidation whether compulsory or voluntary (not being for the purpose of amalgamation of reconstruction) or if a petition to wind up such a company’s business is passed or present at or if a winding up order is made against It or if it has a receiver of manager appointed of Its property undertaking or assets or any part thereof or if the Buyer suffers any distress or execution and or equitably to be levied on his or its property or assets or claimed against him or it.
(g) upon determination of the Buyer’s power of sale under (e) or (n above, the Buyer shall place the goods and the new product at the disposal of the company, who shall be entitled to enter upon any premises of the Buyer for the purpose of removing such goods and new products and to remove such goods and new products from such premises.
- (3) Where payment is made by means of bill of exchange, cheque or other negotiable instrument, the Company shall be deemed not to have received payment for the purpose of sub-clause (2) of this condition 18 until the bill of exchange, cheque or instrument has been honored on presentation for paymen notwithstanding that the Company may have negotiated it and received value therefore. PURCHASE TAXNAT
- In the event of the ruling by Customs & Excise commissioners that goods forming part of this contract after the contract has been placed or after the goods have been delivered are subject to purchase tax the Company reserves the right to charge the Buyer with the purchase tax which be comes payable by subsequent invoice and the Buyer shall pay such purchase tax to the Company within seven days of written notification.
- Where any goods are sold by the Company with reference to a sample the Company shall take all steps deemed necessary (by the Company) to procure compliance with the sample but shall not be responsible to the Buyer for any difference which may arise for any reason between the sample and the goods, the subject of the Contract of Sale.
- The Buyer shall by written notice within fourteen days of delivery of the said goods particularize to the Company any marked material variation in the said goods from the specification contained in the Company’s acknowledgement or order form by virtue whereof the Buyer wishes to reject the delivery of the said goods in whole or in part in default of such notification within the aforesaid period of fourteen days, the Buyer shall be deemed to have accepted the said goods. If he intimates that he rejects the said goods and such rejection shall afterwards become ineffectual by reason of the Buyer dealing with the said as owner or by reason of any other conduct on the part of the Buyer inconsistent with such rejection the Buyer shall be bound to pay the purchase money therefore in full and shall have no claim to damages or compensation by reason of any disconformity of the said goods with the contract.
- Quality can vary, typically in areas such as opacity of polythene; print color shade, color of sub stnate; weld type, handle type and colour etc. These aspects shall be deemed to be made within manufacturing tolerance if made within + or – 10% of order specification.
- Goods are made to the specifications of written orders and are only varied by our order acknowledge edgemen The above supersedes any samples or representations made by our agents.
- Delpac will not store goods under any circumstances for more than twelve
Contract: hereby acknowledged between the Company and the Buyer that this contract is made in Ballinskelligs in the County of Kerry.
- Payment for an order will be accepted from a third party. This does not confer a change in the parties contracted for that or any other