Terms & Conditions

Terms & Conditions of Sale

1. DEFINITIONS
The Company: Shall mean Smartlift Bulk Packaging (Ireland) Ltd.
The Customer: Shall mean the person buying the Goods.
The Goods: Shall mean the Goods supplied by the Company to the Customer under the contract between them.

2. CONTRACT
All orders are accepted subject to these conditions.

3. QUOTATIONS
Quotations indicate the price at which the Company would be willing to supply Goods if a written order is placed within the specified time validity of the quotation. If no time validity is mentioned and quotation is not accepted within 30 days then it will be deemed to have been withdrawn unless otherwise stated.

4. PRICES, ORDERS AND SPECIFICATIONS
4.1 Prices are exclusive of VAT and other taxes, and are subject to increases as set out below.
4.2 The Company shall not be bound by any price quoted either verbally or in writing including price calculators.
4.3 Where the price for order is not agreed in writing, the price will be reasonably determined by the Company
4.4 Unless otherwise stated in writing, any price in a Contract shall be the price of Goods delivered to the Customer’s premises, and delivery of Goods to any other place shall be at the expense of the Customer.
4.5 The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of any Goods to reflect any increases in cost to the Company.
4.6 Where an order is received for a quantity less than quoted, or where delivery is required in instalments smaller than those specified in the quotation, prices quoted may be subject to an increase.
4.7 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Company any necessary information relating to the Goods within sufficient time to enable the Company to perform the Contract in accordance with its terms.
4.8 Whilst every endeavour will be made to supply material in accordance with the quality of any sample submitted, or that quoted for, or previously supplied, the Company does not guarantee this. A size tolerance of +/- 5% applies to all goods.
4.9 Goods will only be held in stock for a period of 3 months unless otherwise agreed by both parties. After this period the company is entitled to invoice said goods.
4.10 Whilst all endeavours will be made to match your pantone colours for both material / fabric and artwork details, as our products are manufactured from an industrial material, some colour variations can occur and the exact pantone match cannot be guaranteed.
4.11 Whilst all precautions in line with clean room / food grade manufacturing are in place with our food grade product manufacturing partners, due to some manufacturing limitations (e.g. the manual construction of all FIBC’s), we cannot guarantee that every product will be contamination free. We do not accept any liability for any contamination leading and not limited to loss of business or profits, product recall and production down time.

5. PAYMENT
5.1 The Customer shall pay for the Goods within 30 days of the date of the Company invoice, or within such period as the Company shall agree in writing.
5.2 If the Customer fails to make any payment before or on the due date then, without prejudice to any rights or remedy available to the Company, the Company shall be entitled to:
5.2.1 Cancel the Contract or suspend any further deliveries to the Customer.
5.2.2 Charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 5% per annum above the BOI Bank base rate on the outstanding amount.
5.3 Where Goods are ordered for delivery by instalments, each instalment shall be deemed to be a separate Contract, and all payments shall be made on the due date for each Contract.
5.3.1 Where payments are consistently late, the company reserves the right to invoice all remaining stocks regardless of due delivery dates and claim all monies owed to complete the contract in full before the goods are delivered.

6. QUANTITIES, DEFECTS & CLAIMS
6.1 Orders will be deemed to be complete if an amount within 10% more or less of the ordered quantity shall be delivered, and a pro-rata charge will be made to cover any such variations.
6.2 Delivery of Goods of the incorrect description, shortages or excesses must be notified to the Company in writing within 48
Hours of delivery or collection. If not done so, then the Goods shall be deemed to have been accepted and shall be charged for accordingly. Shortages of quantities delivered must be notified to the carrier’s driver at the time of delivery.
Document Number: TC001 Version No:1 Date 10.09.18
6.3 Limitation of Liability
(a) In no event shall the Company’s liability to the Purchaser, whether for breach of contract or negligence, exceed the Contract Price paid by the Purchaser to the Company for the Goods which are the subject of such a claim and, without prejudice to the generality of the foregoing, the Company shall not be liable (whether under laws of contract or negligence) for (a) indirect, special or consequential loss or damage including loss of profits or expenditure howsoever caused; or (b) any claims howsoever arising in respect of Goods which have been used or otherwise processed after leaving the Company’s premises.
(b) Where the Company gives any technical advice to the Purchaser regarding the processing or treatment of the Goods, the
Purchaser acknowledges and agrees such advice is given without any liability on the Company’s part. The Purchaser will determine the suitability of the Goods for their intended use and will not rely on any representative made by or on behalf of the Company.
(c) Nothing in this Agreement is intended to restrict or exclude the Company’s liability for injury or death of any person caused by negligence of the Company or for any fraudulent misrepresentation made by or on behalf of the Company.

7. DELIVERIES
7.1 The Company undertakes to use its best endeavours to execute orders and to effect delivery in reasonable time and by the dates quoted, but shall not be liable for failure to execute any order or complete any delivery on any given date within any given time, and will not be responsible for any loss or damage which may result from late delivery. The Goods may be delivered by the Company in advance of the quoted delivery date.
7.2 Should the Company be unable to supply Goods due to circumstances outside the control of the Company, the Company shall be at liability to cancel or suspend the contract without incurring any liability for any loss or damage arising there from.
7.3 If the Contract provides for delivery by instalments, delay in delivery or non-delivery of any instalment shall not entitle the Customer to treat the contract as at an end, or to reject any other instalments.

8. INSOLVENCY OF CUSTOMER
8.1 This clause applies if:
8.1.1 The Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or
8.1.2 An encumbrancer takes possession, or a receiver is appointed, or any of the property or assets of the Customer, or
8.1.3 The Customer ceases, or threatens to cease, to carry on business, or
8.1.4 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
8.2 If this applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the Customer, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

9. RETENTION OF TITLE
The Company may recover all or any such Goods at any time from the Customer if an account remains unpaid, and for that purpose the Company, its servants or agents, may enter upon any land or building upon which the Goods are situated to claim the retention of title and recover these Goods.

10. WARRANTY
The Company warrants that the Goods shall comply with the Company’s specifications for the Goods in question as current from time to time. The Company does warrant the fitness of Goods for any particular purpose even though that purpose be known to it and no such warranty is to be implied from the name or description under which the Goods were sold. Subject as aforesaid all warranties, conditions and statements, express or implied, statutory or otherwise, are excluded and the Company shall be under no liability in any way for any damage arising directly or indirectly out of the supply or use of the Goods or of the packages or pallets or containers by which the Goods were delivered.

11. GENERAL
The interpretation and performance of these conditions shall be governed by The law of Ireland and any dispute arising under or in connection with these Conditions, or the sale of Goods, shall be dealt with under the jurisdiction of the Irish Courts.

12. CANCELLATION OF ORDERS
Should any customer decide to cancel an order after signing an Order Confirmation or from the date of their own Purchase Order which has been sent to the company, the customer will be liable to bear any costs for any materials already prepared by the manufacturer, whether complete or incomplete.