1 Formation of Contract
1.1 Any order sent to the Seller by the Purchaser shall be accepted entirely at the discretion of the Seller, and if so accepted, will only be accepted upon these conditions (hereafter referred to as the “Conditions”) and by means of the Seller’s standard order acknowledgement form.
1.2 Each order which is so accepted shall constitute an individual legally binding contract between the Seller and the Purchaser and any such contract is hereafter referred to in these Conditions as an “Order”.
1.3 These Conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the Purchaser, and no addition alteration or substitution of these terms will bind the Seller or form part of any Order unless they are expressly accepted in writing by a person authorised to sign on the Seller’s behalf.
2 Terms of Payment
2.1 Payment is to be made by cash on delivery or by cleared funds. Any goods cancelled the Buyer is to pay 10% handling charge to the Seller. Machinery is to be delivered only when cheques have been cleared. Any finance documents have to be signed and approved before delivery of any goods. Any goods returned will be subject to a handling charge unless they are defective in any way. No goods can be returned after 7 days. Any overdue monies will be charged at 3% over the Barclays Bank base rate on a daily basis.
2.2 The Seller shall not be responsible for any damage, loss or injury from the incorrect use of any machinery or good supplied.
2.3 The Seller has a lien over any goods until they are paid for in full.
2.4 Any goods on loan or demonstration are solely at the Buyers/ User’s risk and must produce to the Seller evidence that they are fully insured. The Seller cannot accept liability for any loss, damage or injury by the Buyer/User. Any faults on part-exchanged machines or goods must be disclosed to the Seller or any agent of the Seller.
2.5 If paying by cheque, cheques must be made payable to: “Cameron Agricultural (Cheshire) Ltd”.
3 Ownership
All goods supplied remain the property of the seller until all monies due to the Seller are paid in full and the buyer shall hold them identified accordingly as bailee and grants an irrevocable licence to the Seller to enter onto the Buyer’s premises for the purpose of possessing the Seller’s goods.
4 Delivery
Delivery times are quoted in good faith by the Seller and accepts no liability for late delivery.
5 Quality
Goods supplied are warrantied to be of satisfactory quality but no warranty is given for any particular purpose other than the purpose commonly applied or those specified by the relevant manufacturer. Any goods claimed to be defective must be returned with the appropriate receipt or evidence of purchase and where it is proved that the goods were defective at the time of sale the Seller shall have options of repair or replacement. The property in replaced goods remain with and reverts to the seller.
6 Safe Use
The Buyer has a duty of care to use/operate all goods supplied in accordance with manufacturers instructions for the safe use and to ensure that such instructions are conveyed effectively by the Buyer to any persons using the goods. The Seller accepts no liability for any injury or losses from the use of the products except only that liability for death or personal injury as a result of negligence may not be limited or excluded. All contracts for the supply of goods are deemed to have been agreed at the Seller’s premises and both parties agreed to be bound by English law.
7 Prices and Payment
7.1 Prices given by quotation are subject to alteration without notice. Whether quoted verbally or in writing, prices are subject to availability of goods and whilst every attempt will be made to supply at the price quoted, the company reserves the right to invoice at the price ruling at the date of collection or despatch.
7.2 Prices are quoted exclusive of VAT. This will be added to the invoice at the rate ruling on the date of collection or despatch.
7.3 Any discount agreed will be allowed only if payment is made in full.
7.4 The Seller reserves the right to credit payments to the longest outstanding part of a Buyer’s account and to charge interest at the rate of 3% per month above Barclays base rate on accounts not paid by the due date.
7.5 The Seller has no obligation to accept the return of any unwanted goods for exchange of credit. Should the Seller agree to accept return, it reserves the right to make a charge for re-stocking at a rate of 10% of the net value of the goods.
8 Conditions of Supply
8.1 Risk passes to the Buyer on collection or delivery.
8.2 Any shortage or damage to goods must be reported within 7 days of collection or delivery by notice in writing, otherwise no claim in respect thereof will be accepted by the Seller.
8.3 Until such time as the purchase price of any goods supplied and all other sums due by the Buyer to the Seller upon any account whatever has been paid or satisfied in full:
8.3.1 Such goods remain the property of the Seller (notwithstanding the delivery of the goods and the passing of the risk therein)
8.3.2 The Seller may at any time recover or resell the goods and for this purpose reserves the right to enter upon the Buyer’s premises for this purpose.
9 Trade In
9.1 Where the seller agrees to allow part of the price of any subject matter to be discharged in part by the Buyer delivering a used (trade-in) to the Seller that allowance shall be given and the used (trade-in) shall be accepted as part of the (subject matter)on the following condition.
9.2 Either the used (trade-in) is the absolute property and is free from all incumbrances or it is the subject of a hire-purchase agreement or other incumbrance capable of being discharged by the Seller and in the latter case the allowance shall be reduced by the amount required to be paid by the Seller in settlement of the agreement or other incumbrance.
9.3 If the Seller has examined the used (trade-in) before the completion of the Contract the Buyer shall deliver it to the Seller on completion of the Contract in the same condition as at the date of examination.
9.4 The used (trade-in) [and its registration document, service history and ignition keys] shall be delivered to the Seller on or before delivery of the (subject matter) and in any event within fourteen days of notification to the Buyer that the (subject matter) have been completed for delivery and the property in the used (trade-in) shall then pass to the seller.
9.5 If the (subject matter) through no default of the Seller are not delivered to the Buyer in thirty days after the date of the Contract or the estimated date of delivery (whichever is the later:
- The allowance on the used (trade-in) shall be subject to a reduction by [2.5%] for each completion period of thirty days from the date of the expiry of the first mentioned thirty days from the date of delivery to the Buyer of the (subject matter); or
- (at the Buyer’s option) the Buyer may pay in cash the full price of the (subject matter) and be discharged from any obligation to deliver the used (trade-in).
9.6 If any of these conditions except the immediately preceding condition are not fulfilled the Seller shall be discharged from any obligation to accept the used (trade-in) or to make any allowance in respect of it and the Buyer shall discharge in cash the full price of the (subject matter).
10 Finance Company Arrangements
The Buyer may before delivery by the Seller of the (subject matter) that is ready for delivery arrange for a finance company to purchase them from the Seller at the price payable under the Contract. On the purchase of the (subject matter) by the finance company, any used (trade-in) for which an allowance was agreed to be made against the price of (subject matter) shall be bought by the seller at a price equal to that allowance and on the conditions in clause (number) except that all reference to
to ‘delivery ‘ or ‘delivered’ in relation to the (subject matter) shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company.
The Seller shall be accountable to the finance company on behalf of the Buyer for the price of the used (trade-in) and any deposit paid by the Buyer.
11 Health and Safety at Work Act 1974
Undertaking in accordance with section 6(8)
11.1 The items sold to the buyer under this Contract of Sale in some instances are secondhand. Accordingly, the Buyer agrees to take the goods in their current state, after having satisfied themselves by inspection, as to their quality and fitness for the purpose for which the buyer requires them.
11.2 Accordingly, the Seller gives no warranties in relation to the quality of the goods or their suitability for any purpose, and all such warranties whether express or implied by statute, common law or otherwise howsoever, are hereby excluded. The seller shall be under no liability, Whether at contract or in tort or otherwise, in respect of the quality of the goods or their fitness for any purpose, save that, if the Buyer is a natural person, in accordance with the provisions of Section 2(1) of the Unfair Contract Terms Act 1977, the Seller accepts does not seek to limit or exclude liability for any death or personal injury caused to the Buyer by reason of the Seller’s negligence.
11.3 Where the buyer intends to use the goods at work, the Seller supplies the goods on the basis that the Buyer will ensure, so far as reasonably practical, that the goods will be safe and without risks to health when properly used, and that prior to delivery will sign and return the written undertaking attached hereto as Annex A obliging the Buyer to take steps specified in that undertaking to ensure this.
11.4 Where the Buyer purchases the goods with the intention of selling them to a third party for the use by that third party of the goods at work, the Buyer undertakes to supply the goods to the third party on the basis that the third party will ensure, so far as reasonably practical, that the goods will be safe and without risks to health when properly used and the Buyer further undertakes to procure the signature of the third party (prior to delivery of the goods to the third party) of the written undertaking attached hereto as Annex A obliging the third party to take the steps specified in that undertaking to ensure this. The Buyer shall upon obtaining such signature send a copy of the signed undertaking to the Seller.
12 Unfair Contract Terms
The above terms and conditions have been drawn with the Unfair Contract Terms Act 1977 in mind and the Seller believes them to be fair and reasonable. If the Buyer believes that they are not fair and reasonable they must convey such beliefs to the Seller in writing prior to contracting.
In respect of all goods manufactured and supplied to the Seller by third parties the Seller will pass on to the Buyer (insofar as possible) the benefit of any warranty given to the Seller by such third parties and will, on request, supply to the Buyer details of the terms and conditions of such warranty and copies of any relevant product information sheet, technical data, sheets or product leaflets issued by such third parties and the Buyer shall be solely responsible to the entire exclusion of the Seller for complying with all of these.
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