Terms & Conditions of Sale of Used Farm Machinery and Equipment
These terms and conditions and our sale invoice addressed to you set out the contractual basis on which we have sold, and you have purchased the machinery or equipment detailed in the said sale invoice. By making payment of the sum in the invoice, you accept these terms of sale and agree that you are bound by them. These terms and conditions and our sale invoice addressed to you set out the contractual basis on which we have sold, and you have purchased the machinery or equipment detailed in the said sale invoice. By making payment of the sum in the invoice, you accept these terms of sale and agree that you are bound by them.
1. The machinery or equipment is sold in its current condition as viewed by you. J & S Anderson Ltd do not provide any warranty as to the condition or operational ability of the machinery or equipment and are we are not liable to you in the event that the machinery or equipment does not operate as you expect or require. If you have purchased without viewing the machinery or equipment in person, you accept that you have purchased it as advertised and J & S Anderson Ltd are not responsible for any damages or failure in operation.
2. Title to and ownership of the equipment does not pass to you until payment is made to us in cleared funds into our nominated bank account for the full purchase price, unless we specifically agree otherwise, which agreement shall be in writing. The date of funds clearing will be deemed to be the date of payment and transfer of ownership for the purposes of the clauses in this agreement.
3. Unless we make specific additional arrangements with you, you are responsible for arranging for uplift of the machinery and must do so within a period of three months from the date of payment being made.
4. If after the expiry of three months from the date of payment you have not arranged for collection of the machinery or equipment, ownership of the machinery or equipment will revert to us and you agree that you are not entitled to any repayment in respect of any sums paid by you for the equipment. You further agree that we are entitled to resell the machinery or equipment free of any encumbrance and you have no right or title to interfere with any resale.
5. After payment has been made, responsibility for the machinery or equipment passes to you. We will hold the machinery or equipment in storage for the three month period specified in paragraph 3 above but give no warranty as to the security of any storage. We are not responsible for any loss, injury or damage caused by, or suffered to, the machinery or equipment, or any person while it remains in our storage but after payment. Any losses, howsoever arising, will be your responsibility.
6. We have no liability for any loss, injury or damage suffered by you or anyone who uses the machinery or equipment on your behalf or instruction, and you indemnify us against any such claims from the point of payment by you.
7. In the event of any returns , the customer will be responsible to pay transport both ways.