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Sale of goods and supply of services

In every business, we engage people to either supply a service to us or to produce manufacture or deliver goods to us.

Contracts for the sale of goods and supply of services set out the basis for which the parties have agreed to provide the goods or services to the customer.

In turn, such contracts will vary depending on whether or not the person purchasing the goods or services is a business themselves or a customer in the traditional sense of the word who will use the product themselves.

In a standard contract, the parties may decide to use a more basic and general contract with standard terms and conditions. The contract may be tailored or specifically prepared for that specific transaction.

In these times, it however, has become extremely commonplace for the parties to want to ensure that all the relevant protections are there to ensure that where you are supplying the goods or the services, that you will at some point in the future get paid or at worst, be in a position to minimize the loss.

As a purchaser, it is extremely common that contracts are being prepared in more and more complex and more and more unfavourable ways as against the purchaser.

It was common place for standard conditions to be restricted to the usual basics, namely:

  1. The parties to the transaction.
  2. The description of the goods or services being provided.
  3. The parties.
  4. Pricing.
  5. Where and when the goods or services would be provided.
  6. Where and when payment will be made.
  7. What happens in the eventuality of defective goods.
  8. Where the purchaser is not the end user, what will the limitations on liability be.

More increasingly, issues that are arising relate to retention of title of goods being provided, exercise of lean in respect of work done in the provision of service, non-competition clauses, confidentiality agreements, goods specification clauses.

In relation to cross border contracts, other issues arise such as jurisdiction to be selected in the event of a dispute, what constitutes the final point of delivery, are there linguistic issues.

At Conways Solicitors, we have been advising in such matters for clients based in France, Spain, the United Kingdom and in the Republic of Ireland for many years.

We are in a position to provide you with a full service that will not only deal with the issues that are brought to the table by you and the other party, but we will also strive to identify issues that may arise during the course of the contract and advise you accordingly.

The First Step…
Contact our offices and make an appointment by either email reception@conways.ie of on 021 4901000 please consider in advance when would suit you to meet us!