Standard Terms and Conditions of Sale

1. Definitions 

1.1 "Company" refers to Prestige Plant Sales & Servicing Ltd.

1.2 "Buyer" refers to the individual or entity purchasing used construction plant/equipment from the Company. 

1.3 "Plant/Equipment" refers to the new or used construction machinery or equipment including any other goods being sold by the Company to the Buyer.

 

2. General 

2.1 These Terms and Conditions shall apply to all sales of Plant/Equipment by the Company to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply. 

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.

 

3. Orders and Specifications 

3.1 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted by the Buyer. 

3.2 The quantity, quality, and description of the Plant/Equipment shall be those set out in the Company's quotation (if accepted by the buyer) or the Buyer's order (if accepted by the Company).

 

4. Price and Payment 

4.1 The price of the Plant/Equipment shall be the Company's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price as determined by the Company current at the date of acceptance of the order. 

4.2 Full payment of the price for the Plant/Equipment is due upon presentation of an invoice, unless otherwise agreed in writing by the Company.

4.3 The Buyer agrees that no deductions shall be made from the invoice total without prior written consent from the Company.

4.4 The Buyer shall make payment in full for the invoiced amount without any set-off, counterclaim, deduction, or withholding, regardless of any disputes or claims the Buyer may have against the Company. 

4.5 Any unauthorized deductions made by the Buyer shall be considered a breach of contract, and the Company reserves the right to pursue legal remedies to recover the full invoiced amount. 

4.6 Payment shall be made in accordance with the terms specified in the invoice or as otherwise agreed upon in writing between the parties.

 

5. Delivery / Collection

5.1 Delivery of the Plant/Equipment shall be made to the Buyer's address on the delivery date agreed upon by both parties. 

5.2 Collection of the Plant/Equipment shall be arranged by the Buyer or Buyer’s Agent at the address and on the collection date, agreed upon by both parties.

5.3 Any dates quoted for delivery / collection of the Plant/Equipment are approximate only, and the Company shall not be liable for any delay in delivery / collection howsoever caused.

 

6. Title and Risk 

6.1 Risk of damage to or loss of the Plant/Equipment shall pass to the Buyer upon delivery / collection. 

6.2 Title to the Plant/Equipment shall not pass to the Buyer until the Company has received payment in full.

 

7. Warranty 

7.1 All items are sold “as is”, and the Buyer acknowledges that they are purchasing the Plant/Equipment in its current condition, 'as is,' with all faults and imperfections. 

7.2 The Company makes no warranties, express or implied, regarding the condition, quality, or fitness for a particular purpose of the Plant/Equipment. 

7.3 The Buyer accepts full responsibility for inspecting the Plant/Equipment prior to purchase and agrees to assume all risks associated with its condition. 

7.4 The Company shall not be liable for any defects, malfunctions, or issues that may arise after the sale is completed. By accepting delivery of the Plant/Equipment, the Buyer agrees to waive any claims against the Company arising from the condition of the Plant/Equipment.

 

8. Limitation of Liability 

8.1 The Company shall not be liable for any direct, indirect, special, or consequential loss or damage arising from the sale or use of the Plant/Equipment. 

8.2 Nothing in these Terms and Conditions shall limit or exclude the liability of the Company for death or personal injury resulting from negligence or for fraud.

 

9. Governing Law 

9.1 These Terms and Conditions shall be governed by and construed in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

By purchasing Plant/Equipment from Prestige Plant Sales & Servicing Ltd, the Buyer acknowledges that they have read and understood these Terms and Conditions and agree to be bound by them.