GENERAL CONDITIONS OF SALE, DELIVERY AND SERVICE
1. Quotations and Orders
a. The seller’s quotation for goods or services is valid for 30 days from the date when the buyer receives the quotation, unless otherwise agreed in writing. The quotation is invalid if the buyer does not accept the quotation unconditionally by placing a written order within 30 days.
b. Items quoted ex-stock are subject to prior sale.
c. The seller is only bound by an order if he accepts it in writing or delivers the products ordered to the buyer.
d. Unless confirmation of telephone order is clearly marked on the official order, the company will accept no responsibility for duplication of dispatch.
2. Prices
a. Prices herein are recommended prices for the quantity mentioned and changes in quantity may affect price.
b. Prices exclude taxes and duties that the buyer must pay.
3. Delivery
a. Every endeavour will be made to maintain delivery dates but no responsibility for later delivery due to circumstances beyond our control will be accepted. In no case shall delay be a ground for rejecting goods and terminating the contract.
b. The products are delivered when they are physically handed over to the buyer, the buyer’s agent or a person that the buyer has authorised to take delivery.
c. The seller may withhold, reduce or suspend delivery of the products to reasonably allocate his supply capacity between the buyer and his other customers if events beyond his reasonable control prevent him from delivering all the products and fully complying with orders from his other customers. In this case the buyer is entitled to cancel the undelivered order(s).
4. Claims
a. The buyer must thoroughly inspect products sent at the seller’s risk. The buyer is to notify the seller immediately of loss, damage or shortage of products. Unless claims for shortages or damage are notified in writing to the carrier and the company within three days of receipt, no liability will be accepted by the company.
b. In the event of non-delivery, the carrier and the company must be advised in writing within ten days from receipt of the company’s invoice.
5. Passing of risk and title and returns
a. The seller’s liability for the products passes from the seller to the buyer on the earlier of the following two dates: 1) the date when the products are delivered to the buyer; the buyer’s agent; or a person that the buyer has authorised to accept delivery, or 2) the agreed date of delivery, if the buyer fails to take delivery as required under the contract.
b. The seller remains the owner of the products until they receive full payment for all the products whether or not the products are delivered to the buyer.
If the buyer sells the products to a third party before the seller receives full payment, the proceeds of that sale shall be held in trust for the seller and the buyer must first apply such proceeds to pay all amounts due to the seller.
If any third party makes or becomes entitled to make a claim over all or any such proceeds, the buyer must immediately notify the seller of such claim. The seller or their representative is entitled to recover or resell the products and to enter the buyer’s premises for that purpose without this affecting their other rights, if the buyer has not paid the full purchase price or if insolvency proceedings are commenced against the buyer.
c. All sales are final. This means that the buyer is not entitled to credit for returned products whether or not the buyer has made a complaint or a claim. If the parties expressly agree that the seller will credit the buyer for returned products, the buyer is obliged to return the products promptly, carriage-paid and, in the seller’s opinion, in good condition.
6. Payment
a. Settlement terms are strictly as per Dynamic Screening Systems order confirmation.
b. The company shall have the right to suspend delivery and at its discretion terminate the contract in respect of any undelivered goods if the customer fails to comply with the terms as in clause 6.a
7. Cancellation and Return
a. For any cancelled order, under our terms and conditions, Dynamic Screening Systems have the right to issue a minimum 20% cancellation invoice covering the total cost of the invoice. By accepting this order confirmation, you are agreeing to this cancellation policy and therefore you are required to pay the cancellation fee. Acceptance of the order confirmation will be taken whether you respond in writing or not, within 5 working days of receiving the order confirmation.
b. In no circumstances may goods correctly supplied against a firm order be returned without the buyer having first applied for and obtained the written consent of the company.
8. Limited Liability
Any liability which we may incur to you in contract or tort (including liability in negligence) arising out of or in connection with:
(i) any failure to supply or deliver goods,
(ii) any delay in delivery of goods,
(iii) any defect in any goods or service,
shall be limited to the purchase price of the goods in question. This does not affect your statutory rights.
9. Liability to third parties
You shall indemnify us in respect of any liability and all losses, cost, charges and expenses which we may suffer or incur by reason of any claim including for liability in negligence) made by third parties in respect of or arising out of state, condition or use of goods (including, without limitations, goods resold to third parties whether or not dispatched directly to third parties at your request) or in any way relating to the goods.
10. Force majeure
a. These Conditions of Sale shall be governed by and construed in accordance with the laws of Ireland. Any question, dispute, or difference arising between the parties in relation to their interpretation shall, by agreement, be referred to a single arbitrator. In the absence of such agreement, the matter shall be referred to arbitration in accordance with the applicable provisions governing reference to a single arbitrator.
b. We shall incur no liability for failure to perform our obligation hereunder due to the existence of circumstances which we have not caused, and which are beyond our control.
July 2025
