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SEDDONS (P & E) LTD WAKEFIELD |
0845 230
4869 |
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Honda
Lawnmowers & Equipment Stihl Power Tools |
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Wakefield Yorkshire Humberside
Durham Tyneside |
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Copyright & Website terms of use • |
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Seddons
(Plant & Engineers) Ltd retains all
intellectual property rights to the material
that appears on this web site, including
graphical images meta tags and text.
Material on the web site can only be printed
or downloaded for personal use. You may not
create a website in any form, from text meta
tags or images on this site, without prior
written permission from Seddons (Plant &
Engineers) Ltd. No part of the site may be
reproduced, transmitted or stored in an
electronic or non electronic format without
the prior written permission of Seddons
(Plant & Engineers) Ltd. |
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Whilst
Seddons (Plant & Engineers) Ltd make every
effort to ensure the information on this
site is kept accurate and up to date, we do
not warrant that general information and /
or information regarding products and
services is either complete or accurate.
Additional products and / or services may be
available. In addition products and services
published on this site may be available at
lower or higher rates than we have
illustrated. Errors and omissions excluded. |
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Any
personal data relating to you will only be
used by us in accordance with current data
protection legislation. We may also make
use of such data for administration purposes
and future enhancing of the website to meet
your needs as well as our marketing,
advertising and promotional purposes. We
will gather a certain amount of anonymous
information about users which does not
personally identify you, but which may be
helpful for marketing purposes or for
improving the services we offer. For example
we will track how many users visit a certain
page, and for how long, so they can measure
whether the site is effective. Generally
this information is collected through
"traffic data" and may entail the use of
"Cookies" "IP addresses" or other numeric
codes used to identify a computer. |
TERMS AND
CONDITIONS OF SALE
In these conditions “the Company” means
Seddons (Plant & Engineers) Limited, “the
Buyer” means the person with whom the
contract is made, and “the goods” means the
product sold by the Company to the Buyer
pursuant to the contract of which these
terms and conditions form part (“the
Contract”).
1. GENERAL
(a) These Conditions shall apply to the
Contract to the exclusion of any other terms
and conditions contained or referred to in
any order, letter, form of contract or other
communication sent by the Buyer to the
Company and the provisions of these
conditions shall prevail unless expressly
varied in writing and signed by a director
on the Company’s behalf.(b) Any concession
made or latitude allowed by the Company to
the Buyer shall not affect the strict rights
of the Company under the Contract.(c) If in
any particular case any of these Conditions
shall be or be held to be invalid or shall
not apply to the Contract the other
conditions shall continue in full force and
effect.
2. PRICES
Unless otherwise agreed the price payable by
the Buyer for each delivery of the goods
shall be the Manufacturers‘ ruling price as
published in their current price list prior
to the date of despatch. The Prices quoted
for Export are “ex-works”, unpacked and are
exclusive of V.A.T.The Company reserves the
right to vary these prices from time to time
and without notice and although the Company
normally makes every effort to notify its
customers of these price changes, it is
nevertheless the duty of the Buyer if unsure
of the current price of any particular goods
to ascertain from the Company the exact
price of the goods. In the event of the
Company submitting a written quotation for
the supply of goods, the prices therein
stated are effective if an acceptance in
writing is received within 28 days of the
date of the quotation. The Company reserves
the right to alter the price in the
quotation if the Buyer does not accept
delivery of the goods within the time limit
laid down in the quotation.
3. ORDERS
Notwithstanding that the Company may have
given a detailed quotation no order shall be
binding on the Company unless and until it
has been accepted in writing by the Company.
4. TERMS OF PAYMENT
Where no other terms of payment are
specified the Company’s terms of payment
are:(a) Finished products will be sold on a
proforma invoice basis or on settlement
terms otherwise agreed in writing between
the Company and the Buyer.(b) Any other
sales of goods will be on their credit,
payment being on a net monthly basis
following the month of delivery or cash sale
basis. No discount for early payments will
be granted.(c) Without prejudice of any
other rights it may have the Company is
entitled (both before and after any
judgement), to charge interest at a rate
equal to the higher of the interest rate
payable on court judgements or 2% above the
base rate from time to time of Barclays Bank
Plc on overdue payments of the price of the
goods or the price of any instalments
thereof.(d) The Buyer shall not be entitled
to withhold payment of any amount payable
under the Contract to the Company because of
any disputed claim (the claimant may be an
associated Company) in respect of faulty
goods or any other alleged breach of
Contract, nor shall the Buyer be entitled to
set-off against any amount payable under the
Contract to the Company any monies which are
not then presently payable by the Company or
for which the Company disputes liability.(e)
Payment shall be due forthwith upon the
occurrence of any of the events referred to
in Condition 18 below.(f) In the event of a
company failing to honour its payments to
Seddons (P & E) Limited, the Directors of
that company will be held personally
responsible for the debt.
5. CANCELLATION
Without prejudice to Conditions 6 hereof,
the Buyer shall have no right in any
circumstances to cancel the Contract without
the Company’s prior written consent and if
such written consent is given it may be
given on such terms and conditions as may be
imposed by the Company, including a
condition relating to the payment by the
Buyer of adequate compensation.
6. DELIVERY
(a) Any period for delivery shall be
calculated from the time of the Company’s
acceptance of the Buyer’s order or from the
Company’s receipt of all information
necessary to enable the Company to procure
the manufacture or supply of the goods
(whichever shall be the later). Dates or
periods of delivery stated by the Company
are only approximate and time is not of the
essence of the date for delivery.(b) Should
the manufacture or delivery of any of the
goods to the Buyer whether by the Company or
a subsidiary company or an independent
carrier, be prevented or hindered directly
by fire, the elements, war, civil commotion,
strikes, lock-outs, industrial dispute,
shortage of raw materials or fuel
notwithstanding that the Company has taken
all reasonable steps to procure the same,
shortage of labour, break-down or partial
failure of plant or machinery, acts, orders
or regulations of Government, delay on the
part of any independent sub-contractor, or
supplier, or any other cause whatsoever
beyond the complete control of the Company
or any of its subsidiary companies concerned
with the manufacture or delivery of the
goods, then the time for delivery of the
goods shall be extended for a reasonable
period having regard to the effect of the
delaying cause on the manufacture of the
goods.If at the end of any such extended
period the manufacture, supply or delivery
of any of the goods is still prevented or
hindered by any of the aforementioned causes
the time for delivery thereof shall be
similarly extended for a further reasonable
period.If any delay in the manufacture,
supply or delivery of the goods results from
any of the aforementioned causes neither the
Company nor the Buyer shall be entitled to
cancel the contract nor shall the Buyer be
entitled to any compensation for the
resultant delay.
7. ADDITIONAL COSTS
The Buyer shall indemnify the Company in
respect of any loss, cost or expense
incurred by the Company as a result,
directly or indirectly, of the Buyer’s
instructions or lack of instructions or
through any failure or delay whatsoever in
taking delivery or through any other act,
neglect or default on the part of the Buyer,
its servants, agents or employees.
8. INTELLECTUAL PROPERTY
The Buyer shall indemnify the Company
against all costs, claims, losses, expenses
and damages incurred by the Company or for
which the Company may be liable due to or
arising directly or indirectly out of any
infringement or alleged infringement of
patents, trade marks, copyright, design
right or other intellectual property right
occasioned by the importation, manufacture
or sale of the goods it made to the
specification or special requirements of the
Buyer.
9. CARRIAGE
(a) If the Company is asked to arrange for
carriage of the goods then such carriage
shall be at the Buyer’s cost and risk.
Without prejudice to the passing of
property, the risk in the goods shall pass
to the Buyer immediately prior to loading
before despatch. No liability (whether in
contract or for negligence or otherwise
howsoever) loss of or damage to the goods
occurring prior to delivery or for any claim
than any item delivered pursuant to the
Contract is defective or is otherwise not in
accordance with the Contract (being a defect
or loss, damage or non-compliance which
would be obvious upon a reasonable
inspection of the goods) or for non-delivery
will attach to the Company unless claims to
that effect are notified in writing by the
Buyer to the Company (and in case of claims
for loss, damage or non-delivery with a copy
to the carrier if the Company’s own vehicles
have not been used to deliver the goods):(i)
within seven days of delivery for loss,
damage, defect or non-compliance with the
Contract; or(ii) within ten days of the date
of the invoice for non-delivery.In the event
of a valid claim for defect, loss, damage or
non-compliance with the Contract or
non-delivery the Company undertakes at is
option either to reprocess or replace the
items concerned at its expense but shall not
be under any further or other liability in
connection with such nondelivery, loss,
damage or non-compliance.If the Buyer shall
fail to give notice in accordance with
Condition (i) or (ii) above, the items
delivered shall be deemed to be in all
respects in accordance with the Contract and
without prejudice to earlier acceptance by
the Buyer it shall be bound to accept and
pay for the same accordingly and all claims
in respect of non-delivery, loss, damage,
defect or non-compliance shall (save as set
out in Condition 10 below) thereafter be
wholly barred. The Buyer shall take delivery
of the goods within 14 days of receiving
notification from the Company that the goods
have been completed. If the Company does not
receive forwarding instructions from the
Buyer sufficient to enable it to despatch
the goods at the Buyer’s expense within 14
days after the date of notification that
they are ready for despatch, the Buyer may
at its sole discretion arrange for storage
of the goods. If the Buyer does not take
delivery or arrange for storage, the Company
shall be entitled to arrange storage at its
own works, or elsewhere, on the Buyer’s
behalf and all charges for storage,
insurance or demurrage shall be paid for by
the Buyer, the goods nevertheless remaining
at the risk of the Buyer immediately after
notification by the Company to the Buyer
that the goods have been completed.(b) Where
the goods are handed to a carrier for
carriage to the Buyer or to United Kingdom
port for export any such carrier that be
deemed to be an agent of the Company and not
of the Buyer for the purposes of sections
44, 45, and 46 of the Sales of Goods Act
1979.(c) The Buyer agrees that section 32(3)
of the Sales of Goods Act 1979 shall not
apply to goods sent by the Company.
10. DEFECTIVE GOODS
(a) Finished Products If any part becomes
defective due to faulty manufacture or
materials replacement parts will be provided
strictly in accordance with the Original
Equipment Manufacturers Conditions of
Sale.(b) Parts Spares or replacement parts
or service exchange units sold by the
Company to the Buyer may only be returned
provided that the goods in question are: (i)
Still of a merchantable quality.(ii) Have
been used solely for their intended purpose
and are found to be faulty due to defects in
manufacture.Any conditions or warranties
(whether express or implied by statute or
common law or arising from conduct or a
previous course of dealing or trade custom
or usage or otherwise howsoever) as to the
quality of the goods or their fitness for
any particular purpose (even if that purpose
is made known expressly or by implication to
the Company) or as to the correspondence of
the goods with any description or sample are
hereby expressly negatived. The Company
reserves the right to supply parts or
materials free of charge and also to ask the
Buyer to return any faulty parts to the
Company’s premises carriage paid before
reimbursement is effected.As a condition
precedent to the Company’s liability
pursuant to the Condition 10, the Buyer must
notify the Company in writing within 14 days
of any fault occurring. The Company shall
not be liable for imperfect work caused by
any inaccuracy in the drawing, bill of
quantities or specification supplied by the
Buyer.
11. LOSSES
(a) Nothing herein shall impose any
liability upon the Company in respect of any
defect in the goods arising but of the acts,
omission, negligence or default of the
Buyer, its servants or agent including in
particular (but without prejudice to the
generality of the foregoing) any failure by
the Buyer to comply with any recommendations
of the Company as to storage and handling of
the goods.(b) The Company shall not be
liable for any costs, claims, damages,
(whether direct, indirect or consequential),
or expenses arising out of any tortuous act
or omission or any breach of contract or
statutory duty calculated by reference to
profits, income, production or accruals or
loss of such profits or by reference to
accrual of such costs, claims, damages or
expenses on a time basis.
12. RETURNS
The Company disclaims liability for such
goods returned without the written consent
of the Company. Any goods approved for
return must be advised in writing quoting
the Company’s Advice Note number or invoice
number. The Company also disclaims liability
for any returns whilst in transit to the
Company.The Buyer must pay the costs of
transporting any returns.
13. CONDITIONS
The rights of the Company or the Buyer shall
not be prejudiced or restricted by any
indulgence or forebearance extended by
either party to the other and no waiver by
the Company in respect of any breach by the
Buyer shall operate as a waiver in respect
of any subsequent breach.
14. LEGAL CONSTRUCTION
The Contract shall in all respects be
construed and operate as a contract made in
England subject to English Law and the Buyer
and the Company agree to submit to the
non-exclusive jurisdiction of the English
courts.
15. PASSING OF TITLE AND RISK
(a) From the time immediately prior to
loading before despatch the goods shall be
at the Buyer’s risk who shall be solely
responsible for their custody and
maintenance but, unless otherwise expressly
agreed in writing, the goods shall remain
the Company’s property until all payments to
be made by the Buyer under the Contract and
any other contract between the Company and
the Buyer and on any other account
whatsoever have been made in full and
unconditionally. Whilst the Company’s
ownership continues the Buyer shall keep the
goods labelled as belonging to the Company
and separate and identifiable from all other
goods in its possession as bailee for the
Company.(b) The Buyer may only re-sell the
goods to the Buyer’s customers in the
ordinary course of the Buyers business as a
fiduciary and trustee for the Company. In
the event of any resale by the Buyer of the
goods the Company’s beneficial entitlement
shall attach to the proceeds of sale or
other disposition thereof so that such
proceeds or any claim therefore shall be
assigned to the Company and until such
assignment shall be held on trust in a
separate identified account for the Company
by the Buyer and such proceeds shall not be
mingled with other moneys or paid into any
overdrawn bank account and shall at all
times be identifiable as the Company’s
moneys.(c) Without prejudice to the
equitable rules as to tracing, in the event
of failure to pay the price in accordance
with the Contract the Company shall have
power to re-sell the goods, such power being
additional to (and not in substitution for)
any other power of sale arising by operation
of law or implication or otherwise and for
such purpose the Company and its servants
and agents may forthwith enter upon any
premises or land occupied or owned by the
Buyer to remove the goods.(d) Pending
payment of the full purchase price of the
goods the Buyer shall at all times keep the
goods comprehensively insured against loss
or damage by accident, fire, theft and other
risks usually covered by insurance in the
type of business carried on by the Buyer in
an amount at least equal to the balance of
the price for the same from time to time
remaining outstanding. The policy shall bear
an endorsement recording the Company’s
interest. (e) Consignment stock will remain
the property of the Company at all times and
will be held by the Buyer under Clause 15(a)
above. When consignment stock is invoiced to
the customer, normal trading terms and
conditions will apply.
16. MINIMUM ORDER CHARGE
The Company reserves the right to make a
minimum order charge of £10 or such greater
amount as it shall from time to time
determine on all orders for goods. This
charge will be calculated before trade
terms, carriage and packing and V.A.T.
17. LIMITATION OF LIABILITY
(a) Where under the Unfair Contracts Terms
Act of 1977 the test or reasonableness and
its application to any terms and conditions
hereof, the Buyer shall be deemed to have
accepted the terms and conditions hereof as
being reasonable at the time at which the
contract was concluded.(b) Whilst every
effort is made to ensure that descriptions,
drawings and other information and
correspondence, catalogues etc. are accurate
no warranty is given in respect thereof and
the Company shall not be liable for any
error therein and shall not be liable for
damages for misrepresentation, whether made
orally or in writing. Further, the Company
reserves the right to modify the design and
specification of goods manufactured by the
Company at any time without notice but not
so that the Buyer shall be obliged to accept
something fundamentally different from what
he has ordered.(c) If at any time any Court
shall consider that any of the terms and
conditions hereof are not reasonable then in
that event the Company’s liability hereunder
shall be made limited to the value of the
goods in question in respect of each and
every claim save that where the Buyer makes
more than one claim in respect of one
incident or of the goods comprised in any
one order, the Company’s liability in
respect of those claims shall not be limited
in any event.(d) Nothing in these conditions
shall be intended to exclude or restrict the
Company’s liability for death or personal
injury where such exclusion, or restriction
of liability is prohibited by the Unfair
Contracts Terms Act 1977.
18. TERMINATION OR SUSPENSION OF CONTRACT
The Company shall be entitled, without
prejudice to its other rights and remedies
to terminate wholly or in part the Contract
and any or every contract between itself and
the Buyer or to suspend delivery or any
further deliveries under the Contract
(without prejudice to the Company’s right
subsequently to determine the Contract and
any or every other such Contract for the
same cause should it so decide) in any of
the following events:(a) If a debt is due
and payable by the Buyer to the Company but
is unpaid.
(b) If the Buyer has failed to provide the
Company with an acceptable letter of credit,
bill of exchange or any other security as
required by the Contract.(c) If the Buyer
has failed to take delivery of any goods
under any contract between them and the
Company otherwise than in accordance with
the Buyer’s actual rights.(d) If the Buyer
becomes insolvent or being a body corporate
has passed a resolution for voluntary
winding up except where solely for the
purpose of reconstruction or has suffered an
Order of the Court for its winding up to be
made or has had a Receiver appointed or
being an individual or partnership has
suspended payment of his or their debts in
whole or in part or have proposed or entered
into any composition or arrangement with his
or their creditors or has had a Receiving
Order in Bankruptcy made against him or
them. The Company shall be entitled to
exercise its aforesaid rights of termination
or suspension at any time during, which the
event of default giving rise thereto has not
ceased or been remedied and in the event of
any such suspension the Company shall be
entitled as a condition of resuming delivery
under any contract between it and the Buyer
to require payment of or such security as it
may require for the payment of the price of
any further delivery. |
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• Use
of the website will be deemed to show your
acceptance of this policy
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Home |
About Us |
Honda Equipment |
Stihl Tools |
Husqvarna Tools
|
Generators |
Service Repair Parts |
Get Prices |
Contact Us |
|
|
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© Seddons (P & E) Ltd Wakefield Ripley Drive Normanton
Industrial Estate Wakefield West
Yorkshire 0845 230 4869 |
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