(Commercial Sales and Servicing / Agricultural Machinery Sales & Repair)
Except where they are inconsistent with the express written terms or subject matter of any Contract between SEVERN FARM MACHINERY LTD (hereafter called "the company") and a customer, these terms shall apply to all contracts between the Company and its customers (other than sales of goods to consumers as defined in the Fair Trading Act 1973 or any statutory modification or re-enactment thereof) and the expression "the goods" shall mean the subject of any particular contract to which these terms apply.
a) The Company's quotations remain open for acceptance for a period of 28 days from the date of issue as shown on them. In default of communication to the Company of acceptance of any particular quotation within that period, such quotation shall lapse forthwith and thereafter only be open to acceptance upon written confirmation of renewal being given on behalf of the Company.
b) The Company's quotations are based on prices and labour costs at the date of issue and all prices are subject to alteration. The actual amount payable by the customer shall, in the case of sales, be in accordance with the Company's prices ruling at the date the goods are despatched. The Company shall also be entitled to charge Value Added Tax to the customer at the rate prescribed at the time payment becomes due, or any other tax or duty based upon or related to the supply of goods or services or turnover (whether or not included in the quotation or invoice) for which the Company may be liable in respect of any contract.
The Company has not authorised any of its agents or employees to make any representation as to the quality of the goods or of its services or otherwise and shall not be bound by any oral condition warranty guarantee or representation made on its behalf unless the same be in writing, nor by any implied condition warranty or representation whether arising by implication of law or to be implied from circumstances except a warranty that, subject to the usual tolerances of the trade, the goods (in the case of sales) or the work done (in the case or work and labour contracts) shall be in reasonable conformity with the contractual description. All implied conditions and warranties whether as to quality, fitness for purpose or otherwise and whether arising by implication of law or to be implied from circumstances are hereby expressly excluded.
The Company will make every effort to deliver the goods or carry out repairs as the case may be within the period quoted, but shall in no circumstances be liable for any delay or non delivery other than its own wilful default, nor shall any such delay or non-delivery entitle the customer to reject any goods, withhold payment, rescind or repudiate the contract or to damages. The Company shall be entitled to deliver by instalments.
a) Notwithstanding the provision of Clause 15 below, in the case of sales by the Company, risks in the goods shall pass to the customer when the goods are delivered to the customer or delivered in accordance with their instructions, provided that the Company shall not be liable for any damage to or the loss of any goods in transit unless, (i) in the case of damaged goods, the customer shall notify the Company in writing within 3 days of delivery or, (ii) in the case of loss of any goods in transit, the customer shall notify the Company in writing within 10 days of the date of the relevant invoice.
b) In the case of goods accepted by the Company for repairs or servicing such goods shall be held by the Company at the owner's sole risk and the Company shall be under no liability for loss or damage to such goods howsoever caused. The customer hereby authorises the person duly authorised by the Company to operate, handle and drive any such vehicle or machine on the customer's behalf.
The Company reserves the right to delegate the performance of any contract for the supply of goods installation or repair to any Company being an associated Company of the Company.
The customer hereby authorises the Company to carry out and charge for incidental work in addition to that ordered in order to comply effectively with the customer's instructions and to supply such parts and materials as are required for such incidental work.
The customer hereby expressly warrants that any vehicle or machine taken in part exchange is the sole property of the customer and that there is no lien or charge or mortgage of any description on goods taken in part exchange. Furthermore the customer agrees to make good at his own expense any damage to the goods taken in part exchange howsoever caused following the Company's agreement to accept the goods in part exchange and prior to them being delivered to the Company's premises. The customer agrees to indemnify the Company against all claims arising from any defect or otherwise of the goods prior to the delivery of those goods to the Company's premises.
The Company will not accept cancellation of goods made or ordered especially to customers' requirements. If nevertheless without prejudice to the Company's rights under any contact the Company agrees (whether in the case of purported cancellation by any customer or otherwise) to return or to assist or join with any customer in returning goods to the manufacturer the customer shall indemnify the Company against all costs of and incidental to so doing. Goods returned without the Company's consent will not be accepted for credit and will remain on the Company's premises at the customer's risk.
If the performance on any contract between the Company and the customer shall be rendered impossible or affected in consequence of any inability to secure labour materials or supplies, act of God, war, riot or civil commotion, strike, lock-out, go slow, work to rule, fire, flood, draught, act of government or other causes (whether or not similar in kind to all or any of the foregoing) beyond its control, the Company shall be entitled (without prejudice to any of its other rights against the customer) by notice in writing to the customer to rescind the contract or to impose such variation in the contract or to elect to impose such variation in the contract as may in its opinion be necessary.
Except as otherwise expressly mentioned in these terms of business the Company shall have no liability of any kind whatsoever to the customer in respect of any loss or damage (whether direct or indirect or consequential) suffered by the customer whether in contract or negligence or otherwise howsoever in respect of any goods supplied or work done by the Company.
In the absence of any written agreement to the contrary, payment for the sale and repairs of vehicles machinery or "goods" shall become due on or before delivery or collection or return to the customer as the case maybe. The Company reserves the right to withhold delivery or collection or return until full payment has been completed. Payment in respect of all other items must be made by the 30th of the month following date of invoice.
No defect in the goods shall operate to modify or suspend the terms of payment.
The Company reserves the right to charge interest at a rate of 4% per month in respect of all overdue balances outstanding to the Company.
Ownership and title of any vehicle, or property supplied or installed by the Company shall only be transferred to the customer when they have made full payment of all that is owing to the Company. Pending such payment all such items of goods held by the customer shall be stored by the customer in a safe dry and secure place and the customer shall, if the Company so requires store such items in such a way that they are clearly marked as the property of the Company. Notwithstanding the customer may sell and deliver such goods to a third party in the arbitrary course of business, provided that all of any sale and other disposal proceeds received by or on behalf of the customer in respect of any items of goods, title in which is reserved to the Company or which is otherwise the property of the Company, shall be for the Company's account and be promptly remitted to the Company. The customer will if so required hand over to the Company any claim they might have against their buyer emanating from this transaction.
The Company shall acquire a lien on any vehicle or machine or property repaired on behalf of the customer until full payment is made.
Acceptance of the customer of goods supplied by the Company against the Company's invoice will be treated as acceptance of the foregoing conditions. These conditions are hereby declared to be of the essence of every contract made with the Company and each condition can be cancelled or varied only in writing signed by a Director of the Company.
These terms shall apply to orders placed with the Company and in the event of any inconsistency between a) the terms of the customer's order and b) these terms of business and any other written terms embodied in the Company's acceptance of an order, the customer shall, if it accepts any goods delivered against such order, be deemed in so doing to have agreed to these terms of business and such other terms if any. Any terms contained in the customer's order which would conflict with or in any way qualify or negate these terms of business shall be deemed to be inapplicable to such order notwithstanding the fact that such order may contain a term providing that the terms of such order are to prevail over such of the terms of business as may conflict with or qualify or negate the terms of such order.
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