Standard Conditions of Sale

STANDARD CONDITIONS OF SALE

1. Unless otherwise agreed in writing signed by a Director of the Sellers all goods or equipment or spare parts therefore (‘the equipment’) supplied by BJB Lift Trucks Limited (‘the Sellers’) are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the Buyer.
Price and Payment
2. The Sellers reserve the right to amend the contract price at any time up to delivery to take account of any variations in the prices charged by the Sellers’ suppliers or changes in the value of any relevant currency, new or increased taxes, duties or other imposts or variations in costs arising from new legislation or regulations. Payment is due on or prior to delivery, unless otherwise agreed in writing with the Seller who reserves the right to charge interest on any monies not so paid at 3% per annum over the minimum lending rate applicable.

3. Failure by the Buyer to effect punctual payment in the manner agreed shall entitle the Seller to refuse to make any further delivery and/or to cancel the contract concerned and all or any other contracts with the Buyer without prejudice to the Sellers’ right to claim for equipment supplied and work done at the date of cancellation and for loss or injury occasioned thereby.

Delivery
4. Where at the time of the contract the Seller is not in possession of the equipment agreed to be sold or does not at that time own that equipment the Seller shall not be liable for any loss where delivery of the equipment is delayed, postponed or the contract is cancelled for any reason whatsoever.
Passing of Property and Risk
5. (a) The property of the equipment shall pass to the Buyer when, and shall not pass to the Buyer until, the Sellers shall have been paid therefor in full.
(b) In the event of the Buyer becoming insolvent, having a Receiver appointed of the whole or any part of its property compounding with his creditors or going into liquidation or in the event of payment for any goods being overdue, then and in any such event shall it be lawful for the Sellers, its servants, officers or representatives to enter upon the premises of the Buyer and recover possession of any equipment of the Sellers for which the Seller shall not have been paid for and take away any such equipment.
(c) In the event of any equipment being sold or otherwise disposed of by the Buyer before the Sellers have been paid in full, then proceeds of the sale thereof shall to the extent required to pay the Sellers in full for such equipment be trust monies held by the Buyer on behalf of the Sellers.
(d) In the event of certain equipment having been paid for by the Buyer and other equipment having been not paid for the onus of proof shall be on the Buyer to show that any equipment remaining in its possession is equipment for which it has paid.
(e) The risk in the equipment shall pass to the Buyer on delivery.

Force Majeure
6. The Sellers shall not be liable for any failure to observe or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotions, strikes, lockouts, trade disputes, fires, breakdowns, interruptions of transport, Govermental action, prohibition of import or export, delay in delivery by the Sellers’ suppliers or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.
Liability
7. Any equipment which is of defective manufacture or which fails to attain any expressly guaranteed performance figures (subject to any specified tolerances) will be replaced or rectified by the Sellers at the option of the Sellers and free of charge provided that:
(a) Such defect or failure is notified to the Sellers in writing within 6 months after delivery in the case of new equipment.
(b) In respect of equipment not of the Sellers’ manufacture the Sellers’ responsibility shall be limited to any benefits they may receive under any guarantee given by the supplier of such equipment.
(c) In respect of equipment described as ‘second hand’ or ‘reconditioned’ the Sellers have in writing otherwise that by these Conditions agreed to grant a guarantee in the terms of this clause. Any equipment in respect of which no notification is given to the Sellers under proviso (a) above shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.

8. The Sellers’ liability terms of Clause 7 hereof is in lieu and to the exclusion of all other warranties, conditions, or obligations imposed or implied by statute or otherwise in relation to the quality or description of the equipment or its fitness for any particular purpose, and all liabilities for any indirect or consequential loss (howsoever arising) is hereby expressly excluded and the Buyer agrees that in view of the warranty contained in Clause 7 hereof such exclusion is fair and reasonable.

9. The Buyer acknowledges that no reliance has been placed upon any representation made but not embodied in these Conditions of Sale save only such representations (if any) as are notified in writing to the Sellers on or before any order is placed or quotation given.

Health and Safety at Work Act 1974
10. (a) For the purposes of s.6(8) of the Health and Safety at Work etc. Act 1974 the Buyer hereby undertakes to ensure that equipment will be safe and without risks to health when properly used and in particular to examine the equipment whether it is safe to use in the condition in which it is delivered and (without prejudice to the generality of the foregoing) the Buyer undertakes not to use the equipment without first satisfying his public liability and/or employer’s liability insurers or some other person (not being the Buyer or an employee of the Buyer) qualified and competent in such matters that the Load Chains, Brakes, Steering Systems, Tyres, Forks and Hydraulics are safe and without risk to health when properly used and that the equipment satisfies all statutory requirements for the time being in force.
(b) Where the equipment sold by the Sellers is described as ‘second hand’ or ‘reconditioned’ the Sellers give no warranty or undertaking that the equipment complies with any statutory requirements for the time being in force and the Buyer undertakes to indemnify and save harmless the Sellers against all or any claims of any nature whatsoever, in respect of loss or injury arising from the sale of such equipment howsoever caused.
(c) The Buyer acknowledges that he has placed no reliance on any description, statement or representation made by the Sellers, their servants or agents.

Claims for Damage or Loss in Transit
11. No Claims for damage in transit, shortage of delivery or loss of goods will be entertained unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within 7 days of the receipt of goods and in the case of loss of goods, notice in writing is given to the carrier concerned and to the Sellers within 7 days of the date of the invoice.

Cancellation
12. The Buyer shall not be entitled to cancel any order either written or verbal, except where the Sellers are able to cancel their corresponding contract with their supplier. In such case the Buyer shall indemnify the Sellers for any loss suffered by the Sellers and it is agreed that without prejudice to the foregoing this loss shall be equal to at least 12.5% of the price payable by the Buyer, such sum being agreed by way of liquidated and ascertained damages.
Indulgence

13. No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Sellers.

Proper Law
14. This contract shall be determined to be made in England and shall be construed in all respect in accordance with English Law.