masons kings

Terms of Sale

DEFINITIONS

(1) in these conditions

i) Accepted order” means written and posted acceptance by the Company of the customers offer to purchase the goods described in the invoice/order
ii) “Conditions” means the standard terms and conditions of trading of the company as set herein
iii) “Contract” means the contract for the supply of goods by the company in the event of an accepted order subject to the conditions
iv) “The Company” means “MASONS KINGS”” and any subsidiary successor or assign
v) “The Customer” means the person or firm to whom the quotation or acknowledgment of order addressed
vi) “Delivery” means delivery of the goods in accordance with clause 8 (i)
vii) “Goods” mean goods and/or resulting goods and/or services sold to the customer by the Company at the Customers request
viii) “Head Office” means the address for the company appearing on the invoice/order
ix) “Purchase Price” means the price for the supply of goods under a contract
x) “Resulting Goods” means the goods as described as described in clause 12 (4)
xi) in these conditions the masculine includes the feminine plural includes the singular and vice versa

CONDITIONS
These conditions form the only basis between the Company and the Customer and supersede in all respects any prior agreement or representation written or oral made by the Company to the Customer. These conditions apply unless the contrary is expressly agreed in writing and signed by a director of the company prior to an accepted order

ORDER ACCEPTANCE
The contract between the Customer and the Company will exist or be deemed to exist unless and until an Accepted Order is in existence. An accepted order may only be cancelled or varied by the customer with the Company’s consent. The giving of the company’s consent does not in any way prejudice the company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation

INSPECTION AND NOTICE OF DEFECTS AND WARRANTY
1) The customer acknowledges that he has not placed an order relying upon
a) Any skill and/or expertise of the Company and/or
b) any written or oral statements and/or representation made to him by the company
2) The customer also acknowledges that he has carried out or is deemed to have carried out a thorough inspection of the goods at delivery and is satisfied that there are no defects or shortages which is reasonable examination could have revealed
a) No warranty bought as seen needing repair
b) 1 month on major components each party paying 50% (excluding tyres & batteries)
c) 3 months on major components each party paying 50% (excluding tyres & batteries)
d) 6 months on major components each party paying 50% (excluding tyres & batteries)
e) Manufactures full warranty

DESCRIPTION AND SAMPLE OF MATERIALS
1) Size and weights of goods are approximate only and to the extent that they do not correspond with their contractual description as to size and weight and any such difference shall not render the goods unsuitable for the buyers purpose the Customer must accept delivery of them
2) Not withstanding that a sample of goods may have been shown to and/or inspected by the Customer, the Customer acknowledges that such sample was shown and inspected solely to enable the Customer to judge for himself the quality and description of the goods and in no way shall it construed as to constitute a sale by sample or description. The customer takes goods after any inspection at his on risk in all respects and for all purposes.
3) The company binds itself only to deliver goods in accordance with the general description under which they were sold whether or not any special or particular description was given or is implied by law. Any special or particular description given by the company is an opinion only. The company is not giving or implying any warranty or representation as to the quality state condition or fitness of the goods. The customer takes all goods with all faults and imperfections and if he does not accept the goods on the terms they must be returned immediately

RECTIFICATION OF DEFECTS
1) Provided that the customer has fully complied with clause (4) above and provided that the company has been afforded reasonable time and opportunity for it to investigate any defects of which it has been notified by the customer and to examine the goods then the company at it’s sole option but without admitting any liability on it’s part may
i) replace the goods or
ii) accept the return of goods and to credit the customer the price thereof against future purchases of goods from the company or
iii) give the customer an allowance representing the difference between the value of the goods at the time of delivery of the notification of defects specified in clause (4) and the purchase price provided that the customer pays the balance of the purchase price after deduction of the said allowance not in dispute according to normal terms
2) The company has no liability under this clause if
a) The customer has not paid in full an invoice for goods supplied by the company or any other monies due to the company
b) The company’s representatives are at any time denied full and free access to the goods
c) Person’s other than the company or those approved or authorised by the company have effected or attempted to effect any replacement of parts or carry out any maintenance or adjustments or repairs to or otherwise interfere with the goods
d) The customer has not or has not properly maintained the goods in accordance with instructions pamphlets or directions available given or issued by the company or manufacturer of the goods from time to time
e) The customer has use4d any spare parts or replacements not manufactured by or on behalf of the company and supplied by it or fails to follow the company instruction for the use of same
f) The claim by the customer falls outside the ambit of any warranty given by the manufacturer or the goods
3) Notwithstanding that credit may have been given to the customer of the purchase price of the goods the company is entitled to retain possession of the goods until full payment of all monies owed to the company
4) In addition to any right of lien to which the company may be entitled the company is in event of the customers insolvency, bankruptcy or liquidation entitled to a general lien on all of the customers goods in the company’s possession notwithstanding any or all such goods have been paid for until outstanding monies due to the company have been fully paid

LIMITATION OF COMPANYS LIABILITY
1) Subject to clause (2) below the company has no liability of any kind whatsoever to the customer in respect of any loss or damage whether direct, indirect or consequential suffered by the customer
2) Clause (1) does not apply to the company’s negligence for death or bodily injury in respect of any goods supplied by the company
3) The customer indemnities the company against all claims made against the company by third party arising out of any goods supplied to the customer
4) Any forbearance or indulgence by the company shown or granted to a customer whether in respect of these conditions or otherwise shall in no way affect or prejudice the rights of the company against the customer or to be taken as a waiver of any of these conditions or the company’s rights
5) It is the responsibility and duty of the customer to take out and thereafter maintain at his own cost a policy of insurance for all risks sufficient to reimburse the company any amount outstanding to the (6) company and all consequential loss incurred by the company
6) The customer must on demand produce to the company such policy of insurance and satisfactory evidence that the policy remains in force as the company deems necessary

DELIVERY
1) The goods shall be delivered or deemed to be delivered to the customer when they are available for collection from the company’s premises or actually delivered to the customers address indicated on this invoice/order at the company’s option
2) The company undertakes to use its reasonable endeavours to deliver the goods in accordance with clause (1) above on the agreed date. Any stipulation of a delivery date by the company is an approximate date only and the customer acknowledges that no guarantee is given
3) Time of the delivery is not of the essence of the contract and of theses conditions
4) Delivery times are conditional and subject to receipt by the customer of all proper and coherent instructions by the customer within such period (where none is quoted) as shall be reasonable if delivery is delayed or hindered as a direct or indirect result of the customers instructions or lack of them or if work on the customers order is suspended on the customers instruction or because of the lack of such instructions the purchase price of the goods will be increased to cover any extra expense which may be incurred by the company
5) If the customer fails to accept delivery of the goods the company is entitled (without prejudice to it’s other rights) to store and insure the goods and to charge the customer the cost of doing so. Delay in acceptance will not any anyway affect the liability of the customer to pay the purchase price of all goods
6) a) If delivery under the contract is by instalments then each delivery is deemed to be a separate contract
b) Any failure, delays or defect in respect of any delivery does not entitle the customer to treat the contract as repudiated

VALUE ADDED TAX
Unless otherwise specified Value Added Tax and any other tax duty or levy payable by the customer shall be added to the purchase price calculated as at the date of delivery

QUOTATIONS & VARIATIONS TO THE CONTRACT
1) Any quotation given by the customer does not constitute an offer. The company reserves the right to withdraw or revise any quotation to an accepted offer
2)The company at it’s sole discretion reserves the right to amend terms of the contract or/and the purchase price as a result of one or more of the following variations occurring
i) Specification or description of the goods at the request of or with agreement of the customer
ii) Wage rates, working conditions, cost of materials, transport, taxation or government levies
iii) Work which is required to be done outside normal working hours or days
iv) Suspension or delay of work or reasons outside the control of the Company
v) Additional transport, storage or handling goods resulting from the customer being unable or unwilling to accept delivery of goods in accordance with the contract
vi) Failure by the customer to comply with any other clauses of these conditions
vii) Additional quantities of material supplied or labour involved

PAYMENT OF THE PURCHASE PRICE
1a) The purchase price in respect of whole goods must be paid for within 14 days of the date of the invoice therefore
b) In respect of goods which shall not constitute whole goods payment shall be made during the calendar month next following the month during which the invoice is dated
2) Interest will accrue on overdue accounts at the rate of 4% per month or part thereof or such other rate as the company shall from time to time notify to the customer in writing
3) In the event of default in payment of the purchase price or any instalment thereof the customer immediately loses the benefit of any previously agreed special terms
4 a) where payment is by instalments, the company is not bound to take any steps in performance of the contract until the customer has paid the first instalment
b) If the customer defaults in payment of the second or subsequent instalment then
i) The company is entitled (at its option and without prejudice to any other remedies) to suspend or terminate its performance of the contract
ii) The customer must
a) Forthwith procure a bank guarantee in favour of the company upon such terms and for such amount as the company requires
b) Returns the goods to the company or make them available for collection
5) The equitable and beneficial ownership of all materials delivered by the company shall only be transferred to the customer when the customer has met all that is owing to the company on what ever grounds

RISK & PASSING OF PROPERTY
1) Risk in the goods passes to the customer on delivery or on appropriation by the company of the goods pursuant to the contract in the event of the customer being unable or unwilling to accept delivery
2) Until the purchase price has been paid the customer has possession of the goods only as bailee for the company and shall store and mark the goods in such a way as to enable them to be easily identified as the property of the company
3) If the customer is purchasing the goods for resale he may as agent for the company sell and deliver the goods to a third party provided that such sale and delivery is in the ordinary course of the customers business and on condition that until payment in full of the purchase price is made the customer holds all gross proceeds of sale upon trust for the company and in separate account in the name of the company and customer. The customer hereby irrevocably assigns the company all rights and claims (but not liabilities) which the customer may have against it’s customers arising from such sales until payment of the purchase price.
4) If the goods are combined with other items or materials or utilised or consumed in the production or manufacture of other items, materials or goods (resulting goods) the company shall have legal and beneficial ownership of the goods and the customer must
a) Store such resulting goods in the manner set out in clause 2 above until sale by the customer in the ordinary course if business upon the same terms or
b) May sell and deliver such resulting goods to a third party subject to the provisions of this clause 12
5a) The company reserves the right to repossess any goods in any payment due to the company is overdue
b) Thereafter the company may re-sell the goods and for the purpose the company hereby grants an irrevocable right and license the company to enter upon all or any of it’s premises with or without vehicles during normal business hours
c) This right shall continue notwithstanding the termination of the contract for any reason and is without prejudice to any accrued rights of the company thereunder or otherwise
6 a) Until full payment of the purchase price has been made the customer must at his own expenses keep the goods insured in the joint names of the customer and the company with such period and amounts upon such conditions and with such insurance and with such insurance company as the company shall in its absolute discretion think fit
b) The customer must forthwith on demand produce to the company the policy of insurance and satisfactory evidence that the policy remains in force as the company shall deem necessary
c) In the event of default by the customer in complying with clause a and/or b above the company may take out such insurance as it deems fit in respect of the goods the cost is hereby acknowledged by the customer as a debt payable to the customer to the company
7) The company must pay all accounts in full and must not exercise any right of set off or counterclaim against the company’s invoice

ASSIGNMENT OR SUBLETTING
1) The customer must not assign the contract in any part of it or any benefit or interest therein or thereunder without the prior written consent of the company
2) The company reserves the right to assign the contract and/or sub contract all or any part of the goods to be supplied under the contract as it may in it’s absolute discretion think fit

FORCE MAJURE
The company is not liable to the customer for any loss or damage which may be suffered by the customer as a direct or indirect result of the increased cost of and/or delay or failure to supply goods and/or the company being prevented, hindered, delayed by reason of circumstances or events beyond the reasonable control of the company including but not limited to ‘Act of God, War, Riot, Civil disobedience, strike, lockout, trade dispute or labour disturbance, accident, break down of plant machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the goods or of raw materials by the company’s normal source of supply or the manufacture of the goods by the company’s normal means or delivery of the goods by the company’s normal route or means of delivery

INSOLVENCY AND DEFUALT
1) The company is deemed to terminate immediately prior to the occurrence of any one or more of the following events
i) enters into a dead or arrangement
ii) commits an act of bankruptcy
iii) compounds with his creditors
iv) has a receiving order made against him or if (being a company) an order is made or a resolution is passed for the winding up of the customer (otherwise than for the purpose of amalgamation or reconstruction)
v) Commits any breach of any term or condition of this or any other contract between the company and the customer
b) i) If a receiver is appointed of any of the customers assets or undertaking
ii) If the circumstances arise which entitle a court or a creditor to appoint a receiver or manager or which entitles the court to make a winding up order if the customer takes or suffers any similar or analogous action
2) In the event of termination of the contract the company may without prejudice to any other rights
a) Stop any goods in transit and/or suspend further deliveries and/or determine the rights of the customer under condition 11
b) By notice in writing to the customer or to the receiver or liquidation or to any person in which the contract may have become vested determine the contract and/or
c) Give to such receiver, liquidator or other person the option of performing the contract subject to his providing a guarantee for the due and faithful performance of the contract

LICENSES AND CONTRACTS
1) If any license or consent of any government or authority is required for the purchase acquisition carriage or use of the goods by the customer the customer must obtain the same at his own expense and if necessary produce evidence of the same to the company on demand
2) Failure to produce and/or produce any relevant license and/or consent shall not entitle the customer to withhold or delay payment of the price. The customer hereby indemnities the company against any additional expenses or charges incurred by the company as a result of such failure

SATISFACTORY REQUIREMENTS AND INFRINGMENTS OF PATENTS
Every effect is made by the company to meet known statutory requirements and not to infringe any patents of trademarks belonging to third parties but no guarantee is given that the design construction and quality of the goods to be supplied under the contract comply with all relevant requirements of any statute statutory rule or order or other instrument having the force or law and which may be in force at the time of supply nor that the sale or use of the goods by the buyer would not infringe any British patent Trademark trade name or registration design

NOTICES
Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post or telex or facsimile machine to the party concerned and in the case of the company at its Head Office and Registered Office and in the case of the customer at the address of this order/invoice. Notices sent by first class post shall be deemed to have been given three days after dispatch and notices sent by telex or facsimile machine shall be deemed to have been given on the date of dispatch provided it is actually proven to have served during normal working hours

ARBITRATION
All disputes, differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing arising out of the contract or in any way connected with it shall be referred to the attribution of a single arbitrator who shall be appointed by the parties or falling agreement shall be appointed at the request of either party by the president for the time being of the Law Society. The arbitration shall be in accordance with the arbitration Acts of 1950-1979 and any statutory modification or re-enactment thereof for the time being on force

Customer personal data will be processed by MasonsKings the dealer, by John Deere and our respective service providers for the purpose of marketing products and services of any kind offered by John Deere from time to time. This may include transfer to and processing of customer data for such purposes by John Deere companies located outside the EEA

PROPER LAW
These conditions and any contract shall be constructed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English Courts. English Court shall be the proper law of the contract. All claims under the contract shall be settled by reference of the English Law system