Terms and conditions
Please read the following carefully
Name of supplier J & S Anderson Ltd Broomhills Farm, Chesters, Bonchester Bridge, Hawick TD98TJ ('we' or 'us' in these terms and conditions) shall be supplying the goods to you. You must decide before buying if the goods are suitable for your needs.
We are resellers to business customers and as permitted under the Unfair Contract Terms Act 1977 we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make under the Sale of Goods Act 1979. We do not accept any liability for indirect or consequential losses or loss of profits.
MONIES OUTSTANDING BEYOND OUR NORMAL CREDIT TERMS
Terms of payment are for immediate payment unless otherwise agreed in writing by us
Any account outstanding beyond our credit terms of reference will be passed out to external collection agents and will be subject to a surcharge of 10% to cover the cost incurred, and will be subject to any other costs incurred in obtaining settlement.
INTEREST CHARGE ON OUTSTANDING ACCOUNTS
Interest will be payable at a rate of 20% per annum if an invoice is not paid by the due date. The company reserves the right to vary the interest charged.
All goods and parts will remain the property of the company until the price has been paid in full and the customer shall remain a bailee only until payment is made.
BUYER ACKNOWLEDGES THAT ALL EQUIPMENT IS USED EQUIPMENT AND SOLD “AS IS”
We make no warranty or representation as to the fitness of the goods for any particular purpose
Any Goods, components or parts not of the Company’s own manufacture incorporated in the Goods or sold by the Company are not guaranteed by the Company, but carry the maker’s guarantee only and the Company shall use reasonable endeavours to assign to the Customer the benefit of any guarantee obtained by it from the manufacturer or supplier
The manufacturers warranty will be subjet to proper use only J & S Anderson will not be responsible for warrantys or guarantees
All second hand machinery is sold for fixing or to be broken for parts unless otherwise stated and sold without warranty of any kind, either expressed or implied.
The purchaser shall be responsible for providing any guards of protection necessary to comply with any statutory requirements in connection with the operation of machinery.
Risk shall pass to any purchaser forthwith on the making of the Contract.
It is the responibilty of the buyer to ensure all guards are in place and the machine is safe to use.
The buyer is responsible to check the machinery meets all Health & Safty requirements.
Whilst every effort is made to supply goods of acceptable quality we expressly exclude any liability in contract tort or otherwise for any personal injury, loss or damage, financial or otherwise, direct or indirect of any kind or cause or for anything done or omitted in connection with our products. We shall in no event be liable for fundamental breach and such liability is hereby expressly excluded.
In the event a machine is returned it will be at the buyers expenseto pay transport both ways and must be insured for the journey Any contract made by us in all respects to be construed and operate as a Scottish contract and in conformity with Scottish Law.
FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's rea-sonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcon-tractors.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohi-bited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
