Premium Turf-Care Limited
Trading as Iseki UK & Ireland
CONDITIONS OF SALE
Premium Turf-Care Limited, trading as Iseki UK & Ireland
(Hereinafter referred to as “The Company”)
STANDARD CONDITIONS OF SALE
All quotations by the Company to supply Goods (“the Goods”) are made and all orders for Goods are accepted solely upon and subject to the following conditions and all other terms, warranties and conditions whatsoever are excluded unless expressly accepted by the Company in writing.
The Company reserves the right to alter prices without notification. Orders are accepted on condition that they shall be executed at prices current at date of despatch.
The Company’s policy is one of continuous improvement, and it reserves the right to make alterations to machines in its range without prior notice. The Company reserves the right to make any changes in the specification of the goods which are required to conform to any applicable safety or other statutory requirements which do not materially affect their quality or performance.
Prices include carriage mainland, but exclude VAT. All accessories and spare parts not ordered with machines could be subject to carriage charges. All delivery dates quoted are approximate only and the Company shall not be liable for any delay in delivery. Time for delivery shall not be of the essence of the contract. The Company reserves the right to deliver the goods in one or more instalments and to invoice each instalment separately.
All prices are in £ (GBP Sterling) as clearly indicated in all our business documentation and unless otherwise stated quoted ex works and exclusive of VAT.
Notification of damage, deviation, mis-delivery, delay or detention must be made to the carriers within 5 days of delivery of the goods and any claim made within 7 days of such delivery. A claim for non-delivery of goods can only be accepted if received by the carriers within 10 days from the date of invoice.
In the event of late payment the Company reserves the right to charge to the Purchaser:
- All costs and expenses incurred in seeking to recover any overdue amount;
- Interest at the rate of 4% over the base rate of the National Westminster Bank, such interest to accrue on a daily basis from the due date until payment is made (whether before or after judgement).
Goods supplied by the Company shall be at the Purchaser’s risk immediately on delivery to the Purchaser or to a third party receiving the goods on the Purchaser’s behalf (whichever is the sooner) and the Purchaser should therefore be insured accordingly. The Purchaser will be responsible for the safe off-loading from any delivery vehicle of all goods supplied by the Company.
The legal and beneficial ownership of goods supplied to the Purchaser by the Company shall remain with the Company until all amounts owing to the Company from the Purchaser have been paid in full. Pending such payment, the Purchaser shall hold all goods as bailee for the Company and shall keep them separate from other goods belonging to the Purchaser or any third party and separately identifiable against unpaid invoices of the Company.
The Company may at any time prior to payment in full being made require the Purchaser to deliver up all such goods to the Company, failing which the Company shall be entitled forthwith to enter upon any premises of the Purchaser or any third party where the goods are stored and retake possession of the goods.
Any sale by the Purchaser of any goods before the property therein has passed pursuant hereto shall be as agent for the Company and the proceeds of any such sale shall belong to the Company and held by the Purchaser separately from other moneys in its possession. The Purchaser shall on demand account to the Company for all its dealings with goods.
All new goods sold by the Company are subject to a warranty, the full terms and conditions of which are set out in the Warranty Policy for Dealership, a copy of which has been supplied to the Purchaser. Save as expressly provided in such Warranty all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Save for the death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or any claims for consequential compensation whatsoever arising out of or in connection with the supply of the goods or their use by the Purchaser, except as expressly provided in the Warranty Service Procedure for Dealerships referred to above.
The Company shall not be liable to the Purchaser for any delay or failure on its part which is due to any cause beyond the Company’s reasonable control (which shall include industrial action or trade disputes involving the Company’s employees).
These Conditions shall be construed and take effect in accordance with the laws of England.
CONDITIONS OF LOAN / HIRE
If goods are supplied on loan / hire they are at the absolute discretion of The Company. They remain the property of The Company and may be withdrawn by it at any time, without notice.
The party to whom they are loaned / hired shall be responsible for any loss or damage thereto, however or wherever it may occur, and should therefore be insured accordingly.