Garnett Farms Engineering Limited
These terms and conditions and any dispute or claim arising out of or in connection with then shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF BUSINESS (HOME MARKET)
Definitions
“The Company” means Garnett Farms Engineering Limited. “The Customer” means the company, organisation, firm or person whose order for goods is accepted by the Company.
General
All quotations given and orders accepted by the Company are subject to these terms and conditions of business. All other terms, conditions and modifications are excluded unless agreed to in writing by the Company.
Specifications
The Company’s policy is one of continuous improvement and development.
Specifications and prices are therefore subject to change without notice. Published descriptions of goods are intended to provide a general idea of the goods and shall not constitute a sale by description.
Prices
All price lists previous to that which is the latest at the time of ordering are cancelled. Except for specific equipment as listed in the current price list, prices for machines include delivery to dealer’s premises in mainland Britain. Where whole or part carriage is chargeable, details of rates and machines involved are given in the price list currently applicable.
Delivery of spare parts is chargeable and is dependent upon the method of transport requested by the Customer at the time of ordering.
The minimum invoice charge, excluding VAT is £10.
Listed prices and delivery charges do not include VAT or any other tax or levy on the supply of goods, which will be an additional charge on the Customer.
Payment Terms
Unless otherwise agree in writing at the time of ordering, payment terms will be strictly in line with the published Marketing Strategy current at that time. If payment is not made by the due date, the Company shall be entitled to charge interest on the outstanding amount at 4% above the current Bank Base Rate, accruing daily.
Late payment of special nett or early payment invoices may incur a single surcharge of 5% by way of loss of discount.
Delivery
Delivery of machines will be scheduled depending upon Company transport, but every attempt will be made to meet customer’s requirements. Delivery dates specified verbally of in writing are approximate only.
The method of transport required for the delivery of spare parts must be specified at the time of ordering. The Company accepts no liability for delay in delivery, or for the consequences of any such delay, howsoever caused.
The Customer must notify the Company immediately upon receipt of the goods of any damage, shortage or errors in delivery. Non receipt of goods must be notified within 7 days of receipt of invoice unless the invoice specifically refers to an early payment scheme. The responsibility for the goods will pass to the Customer from the time of delivery.
Title
All goods remain the property of the Company until the Customer has paid in full the whole of the contract price. While the goods remain the property of the Company, the Customer shall keep them in good condition and insure them against damage or theft. They shall be returned to the Company upon demand. Any proceeds from an insurance claim in this connection shall belong to the Company for whom the Customer shall hold the same in trust. The Customer is prohibited from creating any mortgage, charge, lien or other encumbrance adverse to the title of the Company.
The Customer will keep the Company’s goods separately identifiable and if the goods are resold, the Customer will have the fiduciary duty to account to the Company for the proceeds of the sale.
Returns
No goods will be accepted for credit by the Company without prior agreement. Any goods accepted for credit shall be returned at the Customer’s expense and will be subject to a 10% handling charge unless otherwise agreed.
Warranty
The guarantee is in addition to and does not affect a purchaser’s statutory rights.
Garnett Farms Engineering Limited products carry a 12 month Parts and Labour Warranty. Certain products carry extra warranty as specified in the relevant sales literature. Components supplied as part of the original machine, but manufactured by another company e.g. PTO shafts, wheels etc., are subject to the original manufacturer’s condition of warranty.
Failure of wearing parts due to “Fair Wear and Tear” is not covered by the terms of the warranty.
The Warranty is invalidated by misuse, neglect and improper repairs or adjustment. The warranty does not cover fire or accidental damage.
The right to withdraw warranty is reserved if:
Non original parts are fitted;
The machine has been abused, badly maintained or used for purposes other than that for which it was intended.
When ordering parts under warranty, this must be made clear at the time of ordering, giving the serial number of the machine (where appropriate) and the date of purchase. The parts will either be supplied free of charge or invoiced then credited upon receipt of the defective parts if the claim is accepted.
The cost of carriage of parts supplied under warranty will be paid by the Company except where express delivery is requested by the Customer. Under such circumstances, the Company reserves the right to charge for the cost difference between express and normal transport.
Parts replaced under warranty shall become the property of the Company and the return of those parts for inspection may be requested. Payment for the parts and carriage will be due in the event of the failure being found to be outside the terms of the warranty.
Agreement and an authorisation number must be sought from the Company by the repairer before warranty repairs are commenced. Warranty claims will not be considered without a valid authorisation number.
Credit cannot be issued for parts not supplied by the Company unless there has been prior agreement for the use of those parts. Where such agreement exists, the credit given will normally exceed the value which would have been invoiced if the parts had been obtained from the Company.
Warranty claims must be submitted within four weeks of the repair.
Standard rates apply for credit of claims for labour and travelling (up to a maximum of 30 miles).
Parts fitted outside of the machines warranty period carry a 3 month warranty on parts only. The warranty cannot be transferred to the initial purchaser.
Except as mentioned above, no condition of warranty, collateral warranty or representation as to the goods or their quality, design, specification, performance or fitness for a particular purpose if given by the Company or shall be implied into the sale of goods by law. The Company shall not be liable, whether in contract, tort or otherwise for any loss, damage, expense or injury (except personal injury or death) whether to person or property, howsoever caused and whether direct or consequentially suffered by the Customer, his employees, agents or any third party arising out of the contract for the sale of the goods, the goods supplied, or work done by the Company.
Safety
It is the responsibility of the dealer to ensure the end-user is handed the instruction book and receives adequate training in the safe use of the machine. The completed Warranty Registration Card should be returned to the Company as confirmation.