Standard Terms of Business

BASIS OF THE SALE

1. If any machine or tractor supplied by LISTER WILDER LIMITED or any part thereof (“the Company”) is found in the opinion of the Company and the manufacturer to be of defective workmanship or material so as to entitle the Company to have it replaced or repaired by the manufacturer the Company undertakes to do so; provided however that the costs or expenses incurred by the Company in such replacement or repair which are not recoverable from the manufacturer by the Company shall be paid to the Company by the customer (in advance if so requested by the Company) and provided also that if owing to the failure of the customer to comply with any term or terms imposed by the manufacturer is not bound to replace or repair the Company shall be under no liability to the customer.
2. Save as above it is not a condition of any sale nor does the Company warrant that any machine or tractor new or second-hand or any part thereof supplied by it is fit for any particular purpose or is of merchantable quality or of any particular quality and the sale is not subject to any implied condition or warranty whether imposed by any statue or otherwise and the Company shall not be liable to the customer in damages suffered by reason of any defect in any machine or tractor or any part thereof supplied notwithstanding that such defect is due to negligence or breach of statutory duty by the Company or by the manufacturer of such machine or tractor or any part thereof.
3. The company does not give any warranty in respect of services rendered by it except as expressed in Clause 1 above and subject only to Clause 1 above every form of liability for loss or damage direct or consequential or for any accident resulting from defective material faulty workmanship, delay or otherwise is expressly excluded notwithstanding that such loss or damage may be due to the negligence of the Company or its servants or agents.

PRICE OF THE GOODS

1. Prices quoted are subject to alteration without notice and the price ruling at the time of delivery will be charged.
2. No claim for damage to or shortage of goods supplied by the Company can be entered unless the customer checks the goods at the time of delivery and the Company is advised in writing within 3 days of the customer’s receipt of the goods.

ORDERS AND SPECIFICATIONS

1. The Company shall not be liable for any non-delivery or delay in delivery (whatever the cause) nor for any loss, damage or expense caused thereby.
2. The Company does not accept return of goods sent correctly to order unless its written permission has been obtained. (Subject to a 15% handling charge invoice with goods 7 days).
3. The placing of an order with and its acceptance by the Company shall be deemed an acceptance of these terms to the exclusion of any terms or conditions inconsistent therewith whether or not such terms are specified or referred to by the customer in the customer’s order or otherwise howsoever.

TERMS OF PAYMENT – PARTS AND SERVICE

1. A credit charge of 10% may be applied which can only be deducted when payment is in compliance with the company’s credit terms as stated on the invoice.
2. No receipt is valid unless it is on the Company’s official documentation.
3. Parts, service repairs and haulage shall be paid for in full by the 28th of the month following the date of statement, unless otherwise specified on the invoice.
4. All repairs carried out under insurance will require an authorisation number from the insurer and will be required to be settled within our standard terms of business. For any payments not received within our terms it will be the responsibility of you the customer to make such payments until reimbursement is made to you the customer directly or directly to Lister Wilder Ltd. Lister Wilder will reimburse the customer by return if the latter.

TERMS OF PAYMENT – WHOLEGOODS

1. Payment of wholegoods machinery and hire will require cleared funds prior to delivery, unless otherwise specified on invoice.
2. All major credit cards accepted, with the exception of American Express.
3. Wholegoods purchased with the support of finance will require to be fully underwritten and documentation signed prior to delivery.
4. If a machine is part exchanged against a wholegoods purchase and is connected to an outstanding financial register it is the responsibility of the seller to fully settle any prior contract relating to this item of machinery. The buyer “Lister Wilder Ltd” will not be held responsible for any outstanding commitments and therefore regards the seller to be held fully responsible for any outstanding funds or un-cleared financial commitments.
5. The buyer, when settling an account, by any form of electronic payment will be fully responsible to ensure the funds are received in to our account correctly.
6. The ownership of all wholegoods machines or goods supplied or delivered by the Company, will only be transferred to the purchaser or customer when cleared funds have been received directly or via a finance company in full.
7. Lister Wilder Ltd cannot be held responsible for any wholegoods delivered to the premises which are subsequently stolen and are not covered by the buyer’s insurance due to the insurance companies not being notified by the buyer.
8. On any such wholegoods transaction supported by part exchange you the customer will remain responsible for any maintenance/mechanical failure as the machine is to be returned in the condition as seen on valuation.

WARRANTIES AND LIABILITY

1. All used wholegoods are sold with no warranty unless written confirmation states otherwise.

RISK AND PROPERTY

1. Any goods received by the Company for repairs or replacement by the Company, the manufacturer, or otherwise shall be held by the Company at the sole risk of the owner thereof and of the person sending the goods to the Company and the Company shall be under no liability for loss or damage thereto howsoever caused.
2. The seller reserves the right to retain client’s goods in for repair until such time as repairs and outstanding accounts are paid for in full.
3. The seller reserves the right to cancel any contract without liability should the buyer breach any of the seller’s terms and conditions.
4. If the seller gives the buyer 14 days notice in writing the seller reserves the right to cancel at any time.
5. Any goods, the property of the seller, must not be removed outside the UK except by written authority of the seller.
6. Buyers providing the seller with details of credit card for payment of goods are deemed to be authorising the seller to deduct such sums from the credit card.
7. Any machinery on hire or demonstration from the seller must at all times be fully insured by the potential buyer/buyer or hirer for road use and against theft by others.

GENERAL

1. These terms shall apply to every contract for the sale or repair of goods by the Company unless expressly varied in writing signed by a director of the Company.
2. The seller accepts no responsibility for road traffic offences committed by the potential buyer, buyer or hirer.
3. Should the seller have agreed with the buyer to part exchange goods as the result of a contract it is the seller’s responsibility to cover the goods under their insurance policy until collection from premises. This clause also applies to invoiced goods.