1.1 In these Conditions: –
“Buyer” means a person who accepts a quotation of the Seller for the sale of the goods, workshop repairs, machinery hire, or haulage, or whose order is accepted by the Seller
“Goods” means the goods, repairs, hire or haulage (including any instalment or part of them) which the Seller is to supply in accordance with these conditions.
“Seller” means Yeowart Agricultural Ltd (registered in England company number 6487755)
“Conditions” means the standard terms and conditions of sale set out herein and (unless the contract otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller
“Contract” means the contract for the purpose ad sale of the Goods
2. Basis of the Sale
2.1 If any machine or tractor supplied by Yeowart Agricultural Ltd or any part thereof (“the Company”) is found in the opinion of the Company and the manufacturer to be of defective workmanship or material so as to entitle the Company to have it replaced or repaired by the manufacturer the Company undertakes to do so; provided that the costs and expenses incurred by the Company in such replacement or repair which are not recoverable from the manufacturer by the Company shall be paid to the Company by the customer (in advance if so requested by the Company) and provided also that if owing to the failure of the customer to comply with any terms or terms imposed by the manufacturer is not bound to replace or repair the Company shall be under no obligation to the customer.
2.2 Save as above it is not a condition of sale nor does the Company warrant that any machine or tractor new or second hand or any part thereof supplied by it is fit for any particular purpose or is of merchantable quality or any particular quality and the sale is not subject to any implied condition or warranty whether imposed by any statute or otherwise and the Company shall not be liable to the customer in damages suffered by reason of any defect in any machine or tractor or any part thereof supplied notwithstanding that such defect is due to negligence or breach of statutory duty by the Company or by the manufacturer or such machine or tractor or any part thereof.
2.3 The Company does not give any warranty in respect of services rendered by it except as expressed in Clause 1 above and subject only to Clause 1 above every form of liability for loss or damage direct or consequential or for any accident resulting from defective material faulty workmanship, delay or otherwise is expressly excluded notwithstanding that such loss or damage may be due to the negligence of the Company or its servants or agents
2.4 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 a contract the Buyer acknowledges that it does not rely on, and waives any claim for any breach of, any such representations which are not so confirmed by the Seller. All representations are only valid if signed by a Director.
3. Price of the Goods
3.1 Prices quoted are subject to alteration without notice and the price ruling at the time of delivery will be charged
3.2 No claim for damage to or shortage or goods supplied by the Company can be entered unless the customer checks the goods at the time of delivery or collection and the Company is advised in writing within 3 days of the customer’s receipt of the goods.
4. Orders & Specifications
4.1 The Company shall not be liable for any non-delivery (whatever the cause) nor for any loss, damage or expense caused thereby.
4.2 The Company does not accept return of goods sent correctly to order unless its written permission has been obtained. (Subject to a 15% handling charge invoice with goods 7 days)
4.3 The placing of an order with and its acceptance by the Company shall be deemed an acceptance of these terms to the exclusion of any terms or conditions inconsistent therewith whether or not such terms are specified or referred to by the customer in the customer’s order or otherwise howsoever
4.4 The Buyer shall be responsible to the Seller for ensuring the accuracy of any terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms
4.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss, (including loss of profit) costs, (including cots of labour and material used) damages, charges and expenses incurred by the Seller as a result of cancellation
5. Terms of Payment
5.1 A credit charge of 10% may be applied which can only be deducted when payment is in compliance with the Company’s credit terms as stated on the invoice
5.2 If the Buyers fails to make payment on the due date without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
A) Cancel the Contract or suspend any further deliveries to the Buyer
B) Appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit and
C) Charge the Buyer interest on the amount unpaid at a rate of 2% per month until payment is made in full
5.3 No receipt is valid unless it is on the Company’s official form
5.4 The ownership of all machines, tractors or goods supplied or delivered by the Company, will only be transferred to the purchaser or customer when the purchaser or customer has paid in full.
5.5 Parts, service repairs and haulage shall be paid for in full by 30th of month following date of statement, unless otherwise specified on invoice.
5.6 Payment of wholegoods and hire shall be paid for in full on or before delivery if account facility is no available. Alternatively 7 days from date of invoice, unless otherwise specified on invoice.
5.7 All repairs carried out under insurance will be required to be settled within out standard terms of business. For any payments not received within our terms it will be responsibility of the buyer to make such payment, until reimbursement is made directly or via Yeowart Agricultural Ltd.
6.1 Wholegoods purchased with the support of finance will be required to be fully underwritten and documentation signed before delivery.
6.2 If a machine is part exchanged against a wholegood purchase and is connected to an outstanding financial register, it is the responsibility of the seller to fully settle any prior contract relating to this item of machinery. The buyer ‘Yeowart Agricultural Ltd’ will not be held responsible for any outstanding commitments and therefore regards the seller to be held fully responsible for any outstanding funds or un-cleared financial commitments.
6.3 The buyer, when settling an account by any form of electronic payment, will be fully responsible to ensure the funds received into our account correctly.
6.4 Yeowart Agricultural Ltd cannot be held responsible for any wholegoods delivered to premises which are subsequently stolen, and not covered by the buyers insurance due to insurance companies not being notified by the buyer.
7. Warranties and Liability
7.1 All used wholegoods are sold with no warranty unless written confirmation states otherwise.
8. Risk & Property
8.1 Any goods received by the Company for repairs or replacement by the Company, the manufacturer, or otherwise shall be held by the Company at the sole risk of the owner thereof and of the person sending the goods to the Company and the Company shall be under no liability for loss or damage thereto howsoever caused.
8.2 The seller reserves the right to retain client’s goods in for repair until such time as repairs and outstanding accounts are paid in full
8.3 The seller reserves the right to cancel any contract without liability should the buyers breach any of the seller’s terms and conditions
8.4 If the seller gives the buyer 14 days’ notice in writing the seller reserves the right to cancel at any time.
8.5 Any goods, the property of the seller, must not be removed outside the UK except by prior written authority of the seller.
8.6 Buyers providing the seller details of credit card for payment of goods are deemed to be authorising the seller to deduct such sums from the credit card
8.7 Any machinery on hire or demonstration from the seller must at all times ne fully insured by the potential buyer/buyer or hirer for road use and against theft by others
9.1 These terms shall apply to every contract of sale or repair of goods by the Company unless expressly varied in writing signed by a Director of the Company.
9.2 The seller accepts no responsibility for road offences committed by the potential buyer, buyer or hirer.
9.3 Should the seller have agreed with the buyer to part exchange goods as the result of a contract it is the sellers responsibility to cover the goods under their insurance policy until collection from premises. This clause also applies to invoiced goods.
9.4 The price of goods is exclusive of any applicable VAT which the Buyer shall be additionally liable to pay to the Seller
9.5 The Buyer undertakes that before any work in undertaken on his land or premises he will inform the Company of the position of all service pipes and cables or any other hazards of which he is aware and will indemnify the Company against any liability in respect of damage caused to service pipes or cables of which it is not aware whether or not the Buyer is himself aware of the same.
9.6 The Seller will only hold your personal information to administer your account and provide products/services you have requested from us. The Buyer’s details will not be past on or sold to any other company, without their consent.