Terms & Conditions

Cheshire Turf Machinery LTD (here in after referred to as "The Company")

STANDARD CONDITIONS OF SALE

1.                                  All quotations by the Company to supply goods ("the Goods") are made and all orders for Goods ("Orders") are accepted at the Company's discretion and solely upon and subject to the following conditions ("Conditions") and all other terms, warranties and conditions whatsoever are excluded to the fullest extent permitted by law unless expressly accepted by the Company in writing.

2.                                  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 of the applicable Goods.

3.                                  The Company reserves the right to make alterations to Goods in its range without prior notice. Any samples, drawings, descriptive matter, or advertising produced by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them.

4.                                  Prices include carriage UK Mainland (Including Northern Ireland) & Republic of Ireland, but exclude VAT. The Company reserves the right to apply carriage charges in relation to any accessories and spare parts not ordered with Goods. 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 ordered Goods in one or more instalments and to invoice each instalment separately.

5.                                  The Company shall be entitled to deliver its Invoice at any time after its receipt of the applicable Order.

6.                                  Invoices shall be paid by the Purchaser:

6.1                             As agreed between the Company and the Purchaser and confirmed by the Order Confirmation; and

6.2                             free of set-off and all charges and deductions, save as may be required by law.

7.                                  All prices are in £ (GBP Sterling) as clearly indicated in all of the Company's business documentation and unless otherwise stated quoted and exclusive of VAT.

8.                                         Notification of damage, deviation, mis-delivery, delay or detention must be made to the Sales Department (sales@cheshireturfmachinery.co.uk) of the Company within 3 days of delivery of the Goods and any other claim has to be made within 7 days of such delivery. A claim for cancellation of Goods is excluded.

9.                                  In the event of late payment, the Purchaser acknowledges and agrees that the Company reserves the right to charge to the Purchaser:

9.1                             all costs and expenses incurred in seeking to recover any overdue amount; and

9.2                             interest at the rate of 8% over the base rate of England for GBP Sterling transactions, such interest to accrue on a daily basis from the due date until payment (whether before or after judgement).

10.                             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 against all risks for their full price from the date of delivery. The Purchaser will be responsible for the safe off-loading from any delivery vehicle of all Goods supplied by the Company.

11.                             The legal and beneficial ownership of the Goods 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 the Goods as bailee for the Company and shall store the Goods in a manner so that they remain readily identifiable as the Company's property.

12.                             The Company may at any time prior to payment in full being made require the Purchaser to deliver up all Goods in its possession that have not been resold, or paid for in full, 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.

13.                             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.

14.                             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 Service Procedure for Dealerships, in the Contract for Supply or in the End User Warranty between the Company and the Purchaser, a copy of which has been supplied to the Purchaser ("Warranty"). 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 provided that where goods are sold to a purchaser dealing as a consumer nothing in these Conditions shall affect the statutory rights of such a purchaser.

15.                             The Company shall not be liable for the Good's failure to comply with the Warranty if:

15.1                        the Purchaser makes any further use of such Goods after giving notice of defects in accordance with Condition 9;

15.2                        the defect arises because the Purchaser failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

15.3                        the Purchaser alters or repairs such Goods without the written consent of the Company; or

15.4                        the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

16.                             Save for (i) death or personal injury caused by the Company's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded by law, the Company shall not be liable to the Purchaser for any:

16.1                        loss of profit;

16.2                        loss of goodwill;

16.3                        loss of business;

16.4                        loss of anticipated saving; or

16.5                        any special, indirect or consequential loss or damage 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.

17.                             Subject to Condition 21:

17.1                       the Company's maximum liability arising under, out of or in connection with any Goods shall not exceed the price paid or payable by the Purchaser in respect of the Goods to which the Order relates; and

17.2                       the Company's maximum liability in respect of all other damages or losses under or in connection with any Order, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to GBP 50.000/- with an annual aggregate of GBP 150.000,-

18.                             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, but not be limited to, industrial action or trade disputes involving the Company's employees).

19.                             These Conditions (and the documents referred to herein) constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

20.                             Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Conditions.

21.                             If any provision (or part of any provision) of these Conditions is, or becomes illegal, invalid or unenforceable in any respect: (a) it will not affect or impair the legality, validity or enforceability of any other provision of these Conditions; and (b) that provision (or part provision), will be deemed deleted.

22.                             These Conditions shall be construed and take effect in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

23.                             Without prejudice to the provisions of the general terms and conditions, the consequences of COVID-19 qualify as force majeure and deliveries may be postponed by us on the account of COVID-19. We also reserve the right to make partial deliveries and/or to dissolve the order in whole or in part. We cannot be held liable in case of a delay of delivery or partial delivery on the account of COVID-19.

ADDITIONAL CONDITIONS OF LOAN/HIRE

24.                             If goods are supplied on loan/hire they are at the absolute discretion of the Company and those goods shall only be used by the party to whom they are loaned/hired for the purposes specified by the Company. They remain the property of the Company and may be withdrawn by it at any time, without notice.

25.                             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.

27 LEGAL CONSTRUCTION The Contract shall in all respects be construed and operated in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts