1. The seller (Rondean Ltd) agrees to sell to the buyer and the buyer agrees to buy the machinery specified for the sum referred to on our standard quotation.
2. Terms of payment shall be as described on the quotation.
3. All dimensions, weights and dates for delivery of machines stated in any offer, acceptance, catalogue or circular are approximate only and are not binding as to details.
4. Terms of warranty shall be as described on the invoice.
(i) Machines sold with guarantee – the terms of the warranty are stated on the sellers invoice.
Unless sold “as is” it is a condition of the sale that all used machines sold must be cleaned, checked and tested by the seller prior to release. It is the buyer’s responsibility to conduct a full inspection under power to ensure the machine works correctly to ensure suitability for the purpose intended, the seller accepts no responsibility for items incorrectly purchased. The seller guarantees machines are in full working order upon despatch. Unless agreed by the seller in our terms of sale, at the point of delivery it is the buyer’s responsibility to ensure that the machines are unloaded, positioned, levelled, bolted-down and installed by a competent qualified machine tool technician, the guarantee agreed will be void if these conditions fail to be met.
Major parts covered & those not covered are as follows: –
1. Main body castings.
2. Main drive motor/s failure/breakdown
3. Major mechanical failure
4. Main bearing failure
5. Gear failure
1. Motor drive belts
2. Normal wear and tear
4. Clogged coolant or lubricant pump
5. Digital Read Out (unless new)
6. Low volt light (unless new)
7. Light Guards (unless new)
8. Damage whilst in transit or during location (unless cover has been taken out by buyer at point of sale)
Please note: It is the responsibility of the purchaser to regularly maintain and service purchased machine/s throughout any specified warranty period. It is also strongly recommended that this work be also carried out beyond the warranty period to ensure long life and minimal disruption to your production.
(ii) Machines sold “as is for spares / repair”
are sold on that basis with no warranty given nor implied by the seller.
5. Times stated for delivery are bona fide estimates only and whilst the seller will use all reasonable endeavours to meet any such time stated for delivery they shall not be liable for any delay howsoever caused. The sellers shall be entitled to withhold delivery of any goods to the buyer where at the time of delivery payment is due to the seller in respect of any other goods or services supplied to the buyer under any contract whatsoever and such payment remains outstanding.
6. Orders are accepted on the condition that if before despatched from the sellers premises such goods are destroyed or damaged beyond repair and cannot be replaced, the seller may cancel the order.
7. Failure by the buyer to pay for goods on the due date shall entitle the seller:
(i) To cancel the balance, if any, of the contract under which the buyer has failed to pay for the goods and to recover from the buyer damages for any loss suffered by the seller as a result of such cancellation; and/or
(ii) To cancel any other contract or balance of any other contract which the seller may have with the buyer and to recover from the buyer damages for any loss suffered by the seller as a result of such cancellation.
8. The seller shall not be liable for any defect in the goods or for any injury or loss resulting from the goods or any defect therein or for the work done in connection therewith whether such liability is due to the negligence of any servant employee or agent of the seller or otherwise.
9. In the event that the seller shall be liable to repair or replace the goods in no circumstances shall the seller’s liability extend beyond the cost of repairing or replacing the goods and in particular the seller shall not be liable for any consequential loss whether in contract tort or otherwise.
10. Property in the goods sold shall not pass to the buyer until all sums outstanding from the buyer to the seller whether in respect of the particular goods or any other goods supplied by the seller to the buyer have been paid in full by the buyer. In accepting these terms and conditions the buyer agrees to permit the seller to remove goods sold to the buyer without any interference and with full cooperation.
11. Notwithstanding that the property in the goods may not have passed to the buyer the goods shall be at the risk of the buyer from the time that they are loaded onto the carrier’s transport vehicle at the seller’s works or other place of storage of the goods save where delivery to the buyer is expressly agreed in writing to be at the seller’s risk in which case the goods shall be at the risk of the buyer from the moment of delivery to him. At which point the buyer is responsible for off-loading unless it is agreed by the seller in writing that off-loading will be at the risk of the seller.
12. Until the property in the goods shall have passed to the buyer:-
(i) The buyer shall remain in possession of the goods as Bailee for the seller;
(ii) The buyer shall at all times store the goods in such manner as to show clearly that they are the property of the seller;
(iii) The buyer agrees not to part with possession of the goods save with the consent in writing of the seller. In the event that such consent shall not have been obtained the full proceeds of any sub-sale shall belong to the seller to whom the buyer shall account on demand and also the buyer whose contract is with the seller shall make up any shortfall.
(iv) In the event of default in payment by the buyer on the due date for payment the commission of an act of bankruptcy by the buyer, the presentation of a petition for winding-up the buyers company or resolution of that company for voluntary winding up, or appointment of a Receiver in relation to the buyer. The seller shall be entitled at any time to enter upon any premises where the goods are kept and to remove the goods therefrom.
(v) Nothing herein contained shall constitute the buyer the agent of the seller for the purpose of any sub-sale of goods.