IRELAND’S FARM MACHINERY LTD (including the Ireland’s Farm Machinery Ltd “Machinery Register”)

CONDITIONS OF SALE

Interpretation
In these Conditions:- “Agency Sale” a sale in respect of which Ireland’s Farm Machinery Ltd acts as agent for the owner (including but not limited to the sale of an item on the Machinery Register).
“Buyer” means the person who accepts a written or verbal quotation of the Seller for the sale of the Goods or whose written or verbal order for the Goods is accepted by the Seller.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed whether verbally or in writing between the Buyer and the Seller.
“Contract” means the contract for the purchase and sale of the Goods.
“Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
“the Machinery Register” the Ireland’s Farm Machinery Ltd “Machinery Register” of second-hand machinery which Ireland’s Farm Machinery Ltd has for disposal by way of Agency Sale.
“the Seller” and “Ireland’s Farm Machinery Ltd” means J R J Ireland and F M Ireland trading as “Ireland’s Farm Machinery Ltd” save in the case of Agency Sales when unless the context otherwise requires “the Seller” means the disclosed principal (named or un-named) by whom Ireland’s Farm Machinery Ltd is instructed.
“Writing” includes facsimile transmission and comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation Second-hand Goods Agency Sales and the Machinery Register.
In Agency Sales Ireland’s Farm Machinery Ltd sells as agent for its principal and Ireland’s Farm Machinery Ltd shall not be liable to the Buyer in respect of the Contract or the Goods.
All items included in the Machinery Register are subject to being unsold and available.
Any statement by Ireland’s Farm Machinery Ltd as to any second-hand or pre-used Goods or Goods to be sold by way of Agency Sale is a matter of opinion only and the Buyer must rely on his own inspection and judgement of such Goods.
Ireland’s Farm Machinery Ltd and their employees do not give and have no authority to give any representation or warranty in relation to Goods to be sold by way of Agency Sale. Any description of the Goods is given in good faith but without liability on the part of Ireland’s Farm Machinery Ltd Basis of the Sale.
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or verbal quotation of the Seller which is accepted by the Buyer or any written or verbal order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.
No variation to these Conditions shall be binding unless agreed between the authorised representatives of the Buyer and the Seller.
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 the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Orders and Specifications
The Buyer shall be responsible to the Seller for ensuring the accuracy of the 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.
The Seller reserves the right to make any changes in the specification of the Goods which are made by the manufacturer or the Seller’s supplier or which are required to conform with any applicable statutory or EC requirements or where the Goods are to be supplied to the Seller’s specification which do not materially affect their quality or performance.
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 the cost of all labour and materials used) damages charges and expenses incurred by the Seller as a result of cancellation.
Price of the Goods
A. The price of the Goods shall be the price agreed between the Seller and the Buyer. All prices quoted are valid for 14 days only or until earlier acceptance by the Buyer after which time they may be altered by the Seller without giving notice to the Buyer.
Except as otherwise stated under the terms of any quotation and unless otherwise agreed in Writing between the Buyer and the Seller all prices are given by the Seller ex the Seller’s premises. The price is exclusive of any applicable Value Added Tax which the Buyer shall be additionally liable to pay to the Seller.
Terms of Payment
Subject to any special terms agreed between the Buyer and the Seller as to payment prior to collection or delivery of the Goods the Buyer shall pay the price of the Goods without any deduction as follows:
(i) For Goods which are complete, prior to collection or delivery of the Goods;
(ii) For spare parts and workshop services, within 14 days of the date of invoice; and
(iii) For Goods purchased for cash, prior to or on collection or delivery of the Goods.
The parties agree that the Seller shall be entitled to recover the price notwithstanding that collection or delivery may not have taken place and title in the Goods has not passed to the Buyer.
The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:-
cancel the Contract or suspend any further deliveries to the Buyer;
appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rateof 4 per cent per annum above HSBC Bank Plc’s Base Rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Delivery
Delivery of the Goods shall be as agreed between the Seller and the Buyer.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time for delivery (otherwise than by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:-
store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract
Risk and Title
Risk of damage to or loss of the Goods shall pass to the Buyer:-
in the case of Goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the Goods are available for collection; or
in the case of Goods to be delivered otherwise than at the Seller’s premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the title in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the title in the Goods passes to the Buyer the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Seller’s property. Until such time as the title in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
Warranties and Liability
In respect of new or un-used Goods the Seller will pass on to the Buyer in so far as possible the benefit of any warranty given to the Seller by the manufacturer or supplier of those Goods and will on request supply to the Purchaser details of the terms and conditions of such warranty. The Buyer must satisfy himself as to the suitability of the Goods for any purpose for which the Buyer acquires them
Second-hand or pre-used Goods (including without limitation all Goods sold by way of Agency Sale) are sold “as seen” and the Buyer must satisfy himself as to the condition of the Goods and their suitability for any purpose for which the Buyer acquires them.
Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Any claim by the Buyer in relation to the Goods shall (whether or not delivery is refused by the Buyer) be notified to the Seller within three days from the date of delivery If delivery is not refused and the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer in relation to any Goods for any direct or indirect economic special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control and in such circumstances the time for performance of the Contract shall be extended accordingly. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller’s reasonable control:-
delay or default on the part of the Seller’s own supplier; and
industrial action or trade disputes (whether involving employees of the Seller or a third party)
Insolvency of Buyer
This clause applies if:-
the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
the Buyer ceases or threatens to cease to carry on business; or
the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause 10 applies then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The following clauses set out in grey below apply in the event that the Buyer is deemed to be a consumer under the Consumer Rights Act 2015:
The Seller passes on some increases in VAT
– If the rate of VAT changes between the Buyer’s order date and the date the Seller supplies the Goods, the Seller will adjust the rate of VAT that the Buyer pays, unless the Buyer has already paid in full before the change in the rate of VAT takes effect.
The Buyer has a legal right to change their mind. For most of the Seller’s products, the Buyer has a legal right to change their mind about their purchase and receive a refund of what they paid for it, including the delivery costs. This is subject to some conditions:
– The Seller’s goodwill guarantee – the Seller may offer customers a goodwill guarantee for products which is more generous that the Buyer’s legal rights as set out below. This goodwill guarantee does not affect the Buyer’s legal rights if there is something wrong with the Goods:
Buyer’s Legal Rights
– 14 days for the Buyer to change their mind
– The Buyer pays costs of return
When the Buyer can’t change their mind. The Buyer cannot change their mind about an order for Goods that are made to the Buyer’s specifications or are clearly personalised and Goods which become mixed inseparably with other items after their delivery.
The deadline for the Buyer changing their mind:
– If the Buyer changes their mind about any Goods they must let the Seller know no later than 14 days after the day they deliver it. If the Buyer’s purchase is split into several deliveries over different days, the period runs from the day after the last delivery, to let the Seller know the Buyer would like to change their mind they must contact the Seller. The Buyer must return the Goods at their own cost and they can do so by sending the Goods back to the Seller. If the Buyer does this they should keep a receipt of the delivery process.
– The Seller can reduce the Buyer’s refund if they have used or damaged the Goods.
When and how the Seller refunds the Buyer: if the Buyer tells the Seller that they have changed their mind about Goods that have not been delivered or that the Buyer is collecting from the Seller, the Buyer will refund the Seller as soon as possible and within 14 days. The Buyer will refund the Seller by the method the Seller used for payment. The Buyer does not charge a refund fee.
The Buyer has rights if there is something wrong with the Goods
If the Buyer thinks there is something wrong with the Goods, the Buyer must contact the Seller. The Seller honours their legal duty to provide the Buyer with Goods that meet all the requirements imposed by law.
Summary of the Sellers key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality during the expected lifespan of the product. The Sellers legal rights entitle them to the following:
– Up to 30 days: if the Goods are faulty, then the Buyer can get a refund.
– Up to six months: if the Goods can’t be repaired or replaced, then the Buyer is entitled to a full refund, in most cases.
– Up to six years: if the Goods do not last a reasonable length of time the Buyer may be entitled to some money back.
The Seller can change products and these terms.
– The Seller can always change Goods:
– To reflect changes in relevant laws and regulatory requirements.
– To make minor technical adjustments and improvements. These are changes that don’t affect the Buyer’s use of the Goods.
The Seller can also make the following types of change to the Goods, but if the Seller does so, they will notify the Buyer and the Buyer can contact the Seller to end the contract before the change takes effect and receive a refund for any Goods the Buyer has paid for but not received.
The Seller can suspend supply of Goods.
The Seller does this to:
– Deal with technical problems or make minor technical changes;
– Update the product to reflect changes in relevant laws and regulatory requirements; or
– Make changes to the Goods.
In the event that the Seller has to suspend the supply of Goods they will contact the Buyer in advance to tell them that they are suspending supply, unless the problem is urgent or an emergency.
Resolving a Dispute with the Seller
The Seller’s Complaints Policy: The Seller will do its best to resolve any problems the Buyer has with the Seller or their products as per the complaints policy.
Resolving disputes without going to court: alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without the parties having to go to court.
The Buyer can go to court. These terms are governed by English law and wherever the Seller is located they can bring claims against the Buyer in the English Courts. If the Buyer lives in Wales, Scotland, or Northern Ireland, they can also bring claims against the Seller in the courts of the country they live in. The Seller can claim against the Buyer in the courts of the country the Buyer lives in.
General
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
The Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.