Definitions
In these conditions “the Seller” means the company sending the quotation or machine or equipment order. “The Purchaser” means the other party to the contract. “The Machinery” means any machine, spare parts or equipment that is the subject of this contract, and “the Manufacturer” means any manufacturer who is the point of origin for the Machinery.

1. General
Our offer to supply is subject to the Manufacturer’s offer to us and the Manufacturer’s conditions of sale and guarantee. Price and specification may be varied and offer to sell withdrawn, without notice.

2. Supply of Goods Ordered
All orders are booked subject to being procurable by us from a Manufacturer when required, and for our not being responsible for any delays, loss or damage, consequential or otherwise caused by freight delays, war, strike, lockout, fire, accident, civil commotion or any circumstances beyond our control.

3. Warranties
a. All warranties are given by the Manufacturer, and will take effect on delivery to the Purchaser. Purchasers must complete the Warranty Validation Form if supplied and return it to the Seller within 7 days of the date of delivery of the Machinery.
b. The customer is responsible for all scheduled maintenance as explained in the Operators Manuals supplied with the Machinery.
c. The warranties will not apply where the Machinery or Part is not operated and or fitted in the manner recommended by the Manufacturer.
d. Damage resulting from improper maintenance, negligence, accident, fire, failure to adjust, tighten or replace wear items, including but not limited to items such as cutter tools, knives, knife anvils, belts, lubrication fluids, bearings, filters, hydraulic components, loose nuts or bolts, will result in the warranty being declared void.
e. It shall be the Purchaser’s responsibility to deliver the Machinery, Parts or Tools to the Seller’s Service facility and the Seller will not be responsible for the Purchaser’s travel or carriage costs. The Seller may at his discretion elect to repair the Machinery at the Purchaser’s premises or at the location where the Seller’s repairs are usually carried out.
f. The Seller will not be responsible for losses incurred by the Purchaser as a result of the unavailability of the Machinery or Parts, while the Machinery is being repaired, nor will they provide Machinery on loan during that time.
g. The Seller will endeavour to provide accurate information to the Purchaser, but no warranty is made that such information is up to date, or accurate, or complete or full.
h. All copyright in the Operating Manuals, Images, and videos supplied to Purchasers belongs to and will remain with the Manufacturer. Customers will not reproduce, copy, disseminate or utilise the information or documentation provided by the Seller, except as expressly provided so in writing, and is not to be sold or resold to any other party.

4. Machinery
All offers are made subject to prior sale or stock allocation. All descriptions are to the best of our knowledge accurate but are only given as an aid to identification, and sales are subject to the Purchaser carrying out his own inspection. Used Machinery is sold in as is condition, and it is the responsibility of the Purchaser to ensure its fitness at the time of purchase.
No warranty is given or implied as to the condition of used Machinery and all Machinery suitability for any specific purpose.

5. Part Exchange Machinery.
Where the Seller has agreed to allow part of the total price to be satisfied by the Purchaser delivering a part exchange Machine to the Seller, such allowance is hereby agreed to be given and received and as such part exchange Machine is hereby agreed to be delivered and accepted as part of the sale and purchase of the Machinery upon the following conditions.
a. Such part exchange Machinery is to be delivered to the Seller in the same condition as existed at the time of the examination by the Seller, or if there was no examination, the same condition as was accepted at the date of acceptance thereof by the Seller, and if not a reasonable deduction shall be made by the Seller from the part exchange allowance.
b. If such part exchange Machinery is not delivered within 30 days of acceptance thereof by the Seller, or if the rate of VAT is varied before delivery of such part exchange Machinery, a reasonable adjustment shall be made to the allowance.
c. The Purchaser warrants that the part exchange Machinery is free and clear of any and all encumbrances, and should any encumbrance materialise, the amount of the allowance will be reduced by the amount needed to pay off that encumbrance, and the Purchaser hereby authorises the Seller to pay off any such amount.
d. The part exchange Machinery must be in a safe workable condition, and if found to be otherwise the repairs necessary to render the Machinery safe and workable will be deducted from the allowance, or at the Sellers discretion, chargeable to the Purchaser.
e. The part exchange Machinery shall be delivered to the Seller on or before delivery of the Machinery upon which the part exchange allowance is being made, and the title in the part exchange Machinery shall thereupon pass to the Seller absolutely.

6. Consequential Loss
The Seller is not responsible or liable for consequential loss or damage due to use, breakdown or delay in repair of new or used Machinery, Parts or Tools.

7. Service Indemnity
The Seller is not responsible for loss or damage to Machinery of any kind whilst on the Seller’s premises or in the charge of the Seller’s employees, however caused at any time.

8. Prices
The prices quoted are those ruling at the time of the quotation and or check out request and are subject to variation in market conditions. The actual prices charged will be those ruling on the date of delivery. Value Added Tax at the applicable rate will be added to the prices charged.

9. Terms of Business
a. All orders for any model of Machinery, Parts, Tools or Goods are accepted solely on the basis of these Terms of Business, and no variation of the same is accepted, unless expressly agreed in writing by the Seller. No oral representations by any person are in any way imported into these terms or form any contract or collateral agreement.
b. Payment for the Goods must be made by the Purchaser to the Seller prior to the delivery of the Machinery. Failure to provide this will incur a 2% (Two percent) to the purchaser of the total goods and carriage price fee per day, until full payment received by the Seller.
c. Payments must be the net invoice price.
d. When stipulated by the Seller, the Purchaser will pay a deposit on the terms specified by the Seller prior to the Machinery, Parts, Tools (Goods) being built by the Manufacturer.

e. In the case of after sales service parts, wear parts and repair parts for the Machinery, the Seller will only grant credit provided the Purchaser has an approved credit account with the Seller subject to Arbor Eater Brushwood Chipper Limited’s credit application and normal credit checks.
f. In any event the Machinery and all parts supplied in conjunction with the Machinery will remain the property of the Seller until the total invoiced price shall have been fully paid by the Purchaser to the Seller.
g. The Seller reserves the right not to execute any order if the arrangement for payment or the Purchaser’s credit standing is not satisfactory to the Seller.
h. In the case of any account not being paid when due, for whatever reason or any kind, the Seller has the right to cancel any and all orders from the Purchaser, and suspend or continue deliveries at the Seller’s option.
i. In the event of one part of any account not being paid when due, the whole of the account becomes immediately due and payable.

10. Delivery
a. Unless otherwise stated all prices are ex the Sellers premises and the cost of delivery will be borne by the Purchaser. Carriage costs for spare parts etc are provided on a weight basis by either next day or three day carrier or Royal Mail. No warranty is given that the method of carriage is the lowest cost available and Arbor Eater Brushwood Chippers Limited reserves the right to change carriage method at any time without notice.
b. Any damage to the Machinery, pilferage or missing components must be notified to the Seller within 24 hours of receipt of the Goods.

11. Deposits

All purchases of machinery will require a written purchase order, and a deposit with order. The amount of the deposit will vary depending on the value of the machine purchased, but will usually be between 10 and 20 per cent. Balance of purchase price will become due 14 working days prior to collection from the factory. This enables us to keep our prices low.

In the event of the Purchaser failing to accept delivery, or failing to complete an order for which he has paid, a 10% handling charge will be retained, the Seller reserves the right to retain the deposit in full/whole.

12. Acceptance of Quotation.
Orders cannot be cancelled by the Purchaser except with the Sellers written consent.

13. Legal Construction
The law relating to all orders and to these Terms and Conditions shall be the law of England, and the parties must submit to the exclusive jurisdiction of the courts of England.