CONDITIONS OF SALE
1. INTERPRETATION
1.1 In these Conditions:
'BUYER' means the person whose order for the Goods is accepted by the Seller
'GOODS' means the Goods
'SELLER' means Seller of machine
'CONDITIONS' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller
'CONTRACT' means the contract for the purchase and sale of the Goods
1.2 Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not effect their interpretation
2. BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Seller.
2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breech of any such representation which are not now confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not now confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any Liability on the part of the Seller.
3. PRICE OF THE GOODS
3.1 The price of the Goods shall be the Sellers quoted price. All prices quoted are valid for 7 days only or until earlier acceptance by the Buyer. The price is exclusive of value added tax which in to be paid by the Buyer.
4. TERMS OF PAYMENT
4.1 Subject to any special terms agreed between the Buyer and the Seller, the price shell be payable at the time of order.
4.2 Where a deposit is made (usually of 10%) is non refundable and enters the buyer into a contract with the seller.
4.2.1Full payment is due within 7 days. Otherwise the buyer becomes liable for there deposit. Unless prior arrangement from the seller.
5. DELIVERY
5.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection
5.2 It the Buyer fails to take delivery of the Goods (otherwise than by any reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then without prejudice to any other right or remedy available to the Seller the seller may:
5.2.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage, or
5.2.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6. RISK AND PROPERTY
6.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
6.1.1 in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; otherwise at the time of delivery or when delivery is tendered.
6.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment in then due.
7. WARRANTIES AND LIABILITY
7.1.1 New Goods: Subject to the Conditions set out below the Seller warrants that the Goods will correspond with their specification as the time of delivery and will be free from defects in material and workmanship at the time.
7.1.2 Second hand Goods: The Buyer acknowledge that before accepting the Goods he has examined them thoroughly and that no warranty description condition or representation on the pert of the Seller is given or implied by this agreement nor is any warranty description condition or representation to be fake to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement it being acknowledged that the Goods hereby sold are second hand (and that they may have not been examined by the Seller) and the Buyer acknowledges that he has had every opportunity to inspect and been professional inspections carried out and acknowledges that the Goods are purchased as seen and so examined and accepts that the Seller bee made no warranty as to the fitness for the purposes for which they ere required and the Buyer acknowledges that he has read these Conditions.
7.2 The above warranty is given by the Seller subject to the following conditions:
7.2.1 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller's or Manufacturer's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval;
7.2.2 the above warranty does not extend to parts, materials or equipment not manufactured by the Seller.
7.3 Subject en expressly provided in these Conditions and except where the Goods ere sold under a Consumer sale (as defined by the Sale of Goods Act 1979), all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Where the Goods ere sold under a Consumer sale (as defined by the Sale of Goods Act 1979) the statutory rights of the Buyer ere not effected by these Conditions.
7.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery in refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price if the Goods had been delivered in accordance with the Contract.
7.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or at the Seller's sole discretion refund to the Buyer the price of the Goods (or proportionate par of the price), but the Seller shall have no further liability to the Buyer. 7.7 Except in respect of death or personnel injury caused by the Seller's negligence the Seller shell not be liable to the Buyer by any reason of any representation or any implied warranty, condition or other term or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for lose of profit or otherwise), costs, expenses or other claims for consequential complementation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which cerise out of or in any connection with the supply of the Goods or their use or resale as by the Buyer except as expressly provided in these Conditions.
7.8 The Seller shell not be liable to the Buyer or be deemed to be in breech of the Contract by reason of any delay in performing or any failure to perform, any of the Sellers obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller's reasonable control, Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
7.8.1 explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-law, prohibitions or measures of any kind on the pert of the governmental, parliamentary or local authority import or export regulation or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party) difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.
8. GENERAL
8.1 No waiver by the Seller of any breech of the Contact by the Buyer shell be considered en e waiver of any subsequent breech of the same or any other provision.
8.2 if any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
9. JURISDICTION
9.1 The Contract shall be governed by the laws of England.
CONDITIONS OF SALE FOR SECOND HAND GOODS
Exclusion of Warranties - Examination of goods supplied has been made by or on behalf of the Buyer prior to the raising of this Invoice and no warranty condition description or representation on the part of the Seller is given or implied by this invoice nor is any warranty condition description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this Invoice. The goods sold being second hand goods which may not have been mechanically examined by the Seller.
The Buyer acknowledges that he has been given every opportunity to inspect and have professional inspections carried out and he acknowledges that the goods are purchased as seen and so examined.
The Seller makes no warranty as to the fitness of the purpose for which they are required.
No current test certificate of any description is supplied with this machine and it is the purchaser's responsibility to obtain such certificate as may be required by law. The Buyer undertakes to take all specified and/or necessary steps sufficient to ensure so far as is reasonably practicable that the goods will be safe and without risk to health when properly used.
Title to the goods herein described remains with the vendor until the purchaser has paid all monies owing for the goods.
The Buyer acknowledges he has read the above conditions and accepts the said conditions.
