- Excavators 1 ton - 20 ton
- Breakers and Rockdrills
- Backhoe Loaders
Terms and conditions for the supply of equipment
LIQUIDATION PLANT & MACHINERY LIMITED
Terms and conditions for the supply of equipment
1 Business supply only
By ordering equipment from us or entering our website:
1.1 You acknowledge that our business is directed solely at commercial enterprises in the United Kingdom
1.2 You represent to us that all purchases made by you from us will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business
2 The contract between us
We must receive payment of the whole of the price for the equipment that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email or first class letter to you at the email address or postal address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us on the basis of and incorporating these terms and conditions
3.1 The prices payable for equipment that you order are as set out in our website and are exclusive of VAT which is payable in addition at the prevailing rate
3.2 Unless otherwise stated on our website or in our e-mail or letter accepting your order it will be your responsibility to collect the equipment from our depot
3.3 We will assess and notify you of our proposed delivery charges as soon as possible after accepting your order
3.4 Delivery charges are exclusive of VAT which is payable in addition at the prevailing rate
3.5 Equipment will not be delivered until you have agreed the delivery charges in writing and paid them together with all VAT on such charges
3.6 If you reject or fail to agree and pay the delivery charges notified to you for any equipment within 7 days of notification then our agreement to deliver the equipment will be withdrawn and it will become your responsibility to collect the equipment from our depot
3.7 If more than one item of equipment is included in an order then your rejection of or failure to agree delivery charges proposed for any one item comprised in the order will constitute a rejection or failure to agree the charges for all other items comprised in the order notwithstanding that such other charges may have been agreed and it will be your responsibility to collect all equipment comprised in the order
4 Right for you to cancel
4.1 You may cancel your order for the equipment at any time before it has been accepted. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty.
4.2 You cannot cancel an order once it has been accepted and after the contract between us has come into effect
4.3 To cancel your order you must notify us in writing.
5 Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the equipment you have ordered; or
5.1.2 one or more of the items of equipment you ordered was listed at an incorrect price due to a typographical error (or an error in the pricing information received by us from our suppliers).
5.2 If we do cancel your contract we will notify you by e-mail or first class letter and will refund to you or re-credit to your account any sum deducted by us from your debit/credit card for the equipment as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6 Collection/Delivery of equipment
6.1 Where equipment ordered by you is to be collected by you it may be collected from our depot
6.2 If we agree to deliver the equipment to you we will deliver it to the address you give us for delivery at the time you make your order.
6.3 Collection/Delivery will be arranged as soon as possible after your order is accepted but any collection or delivery date is an estimate only and time is not of the essence
The risk in the equipment shall pass to you when it is collected or delivered
The property in the equipment shall not pass to you until we have received payment of the price for the equipment and VAT together with any other sums that are due and owing from you to us (whether or not the equipment has been collected or delivered)
9 Acknowledgement exclusions and limitations
9.1 You acknowledge and agree:
9.1.1 that we deal mainly in second hand and liquidation plant and machinery which has not been subjected to any overhaul or servicing since acquisition and that all equipment is sold on that basis and on the basis that plant and machinery is by its nature susceptible to mechanical breakdown and may be the subject of wear and tear
9.1.2 that you have been given a reasonable opportunity to inspect and/or test the equipment and are to be deemed to have inspected and satisfied yourself as to their condition
9.1.3 that whilst all equipment has been checked by us to ensure basic functionality we do not represent or warrant that any of the equipment is or will be of merchantable quality or fit for any purpose (even if that purpose has been previously notified to us) and no statement on our website or made by us or any employee concerning the working condition of any item of equipment is to be taken as or deemed to constitute such a representation or warranty
9.2 All conditions or warranties express or implied (whether by statute or otherwise) are expressly excluded.
9.3 To the extent permitted by law we exclude all liability (whether arising in tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of or attributable to
9.3.1 any technical factual textual or typographical errors or omissions on or any information contained in our website
9.3.2 any delay in providing or failure to provide or make available any equipment or for any damage or defect to equipment caused by any event or circumstance beyond our reasonable control including (without limitation) strikes lockouts and other industrial disputes the breakdown of our website or systems or network access flood fire explosion or accident
9.3.3 any equipment not being of merchantable quality or fit for its intended purpose
9.3.4 any misrepresentation on or relating to our website or the equipment (other than fraudulent misrepresentation made by us or on our behalf)
9.4 You agree that each of the acknowledgements exclusions and limitations set out in this Condition 9 is reasonable having regard to the nature of our business dealing in second hand and liquidation plant and machinery
9.5 None of the exclusions and limitations in this Condition 9 shall exclude or restrict our liability for death or personal injury caused by our negligence
9.6 None of the above exclusions or limitations shall affect any statutory rights which are not capable of being excluded but in such case our obligation (where permitted by law) will be limited to the re-supply of the relevant equipment to you.
9.7 Each of the above exclusions and limitations shall be construed as a separate and severable provision of these terms and conditions
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent by e-mail to email@example.com and all notices from us to you will be in writing and sent to the address or email address given in your order form
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract between us but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
We reserve the right at any time without prior notice to revise the content of our website and these terms and conditions but any changes to these terms and conditions will be posted on our website and by continuing to use the site following any such change you will signify that you agree to be bound by the revised terms and conditions
13 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14 Entire agreement
In these terms and conditions:
16.1 “our website” means our presence on the Internet
16.2 “our” “we” and “us” means Liquidation Plant & Machinery Limited (Company Registration Number 06858070) and (where applicable) its officers employees and authorised agents
16.3 “you” and “your” include any business with which you are associated and on behalf of which you use our website and/or order equipment