TERMS AND CONDITIONS – revised edition dated 1^st May 2023

Effect of Conditions

These conditions shall constitute the Terms of contract between Fix All Plant Sales & Repairs LTD (“Fix All Plant”) and the buyer/customer (“The customer”) and replace all previous Terms and conditions of Fix All Plant Sales & Repairs Ltd.

The customer accepts that any order placed by him/her verbally or in writing will be subject to these prevailing conditions only.  No variation from these Conditions shall have effect unless they have been agreed in writing by the proprietor or an authorised signatory.

Payment

Unless a credit account has been opened, the price for all goods or works shall be paid in full before further works take place.

The price quoted at the time of acceptance of an order shall be “ex-works” and the customer shall pay to Fix All Plant all charges incurred in respect of postage, transportation and packing.

The customer shall not be entitled to make any deduction in respect of any claim or off-set any debt alleged by them, until a credit note is authorised and sent by Fix All Plant to them.  A minimum 20% handling charge for ordered items subsequently cancelled by the customer will be levied.

Credit Accounts

A credit account will only be deemed to be opened when written notification has been given to the customer.  Until confirmation is received, payment will be required prior to delivery of goods.

Where Fix All Plant have granted account facilities to you in writing, all invoices must be paid by the end of the month following the month of invoice.  Interest at 8% per annum, calculated daily will be chargeable on late payment.  Late payment will affect the amount of credit we can offer you.

If an account exceeds the agreed credit limit, the account will be suspended without written notice and no further orders will be fulfilled until sufficient funds are paid in to bring the account back into order.

Fix All Plant reserve the right to cancel a credit arrangement at any time and all outstanding debts will be due for payment immediately.

Estimates

Any quotation or estimate supplied shall be deemed to be only for the purpose of guidance.  Fix All Plant reserve the right to increase any costs agreed between them and the Customer in the event of any further works necessary for the satisfactory completion of the original works or for the supply of goods occurring between the date of the customers order and the actual date of delivery but will endeavour to keep the customer informed.   The price payable shall be the price which is specified on the day on which Fix All Plant notify the customer, either in writing, or verbally that the goods are available for delivery or collection (hereinafter called “the notification date”), notwithstanding that any other price may have been quoted in any quotation, estimate, negotiation or price list.

Diagnostic on petrol, diesel and hydraulic equipment is usually free of charge. Some large items may incur an estimate fee but Fix All Plant will inform you before any works carried out. There is a minimum £15 estimate charge for diagnostic work on all small electrical tools, which can be waived by Fix All Plant if an order to proceed with a repair is placed.  If a customer does not wish to proceed with a repair the estimate charge is still payable in full.  In accepting a repair job, Fix All Plant will not accept responsibility for future failure of the equipment unless specific guarantee has been given in writing at the time of delivery.

Fix All Plant may give the customer the option to arrange for a further inspection of their equipment by the manufacturer.  In agreeing to do this, the customer is liable to pay any charges made to Fix All Plant by the manufacturer relating to the inspection, imposed by the manufacturer and carriage charges in and out.

Goods which have been taken apart for the purpose of an estimate will be returned in their estimated form.  If a customer wants a tool reassembled, a labour charge is payable.

Delivery

The expression of any delivery date or time by Fix All Plant shall be constituted to be an estimate and shall not form part of any contract between the parties.  Unless specific arrangements have been made, it is the responsibility of the customer to arrange collection of goods.

Items that are not collected within, three months of the notification date, will be sold by Fix All Plant to recover the debt and all costs incurred.  Fix All Plant shall pay the customer any sums that are in excess of all sums owed by the customer to Fix All Plant.

Retention of Title

Until the full price is paid to Fix All Plant for any repair work undertaken, or goods supplied to the customer, the goods shall remain the property of Fix All Plant, notwithstanding the delivery to the customer and the passing of responsibility for the safe custody therein.

Defects and Quality of Goods Supplied

In all cases, Fix All Plant’s liability is restricted to transferring to the Customer any rights against or the benefits of any warranty given by the manufacturer to goods to Fix All Plant.

You or the recipient on your behalf will receive all goods and should check them for condition and quantity in the presence of the carrier.  If there is a shortage or the goods are received in unsatisfactory condition, you or the recipient must endorse the carrier’s delivery document and must notify us verbally within three days of delivery.  If this condition is not observed, no claim in respect of shortage or unsatisfactory condition of the goods will be considered.

In the case of equipment which has been repaired by Fix All Plant, we will guarantee for one month from the date of delivery the actual repair work undertaken, and no liability is accepted beyond this, or after the month has expired.  In the event of a defect being notified, it is the responsibility of the customer to return the goods to Fix All Plant immediately.

Fix All Plant will accept no liability for tools which have been subject to misuse, or which have been wholly or partly disassembled or where incorrect lubricants/fuels have been used.

If considered necessary, Fix All Plant will arrange for inspection by the manufacturer or an independent body and will advise the customer.  Fix All Plant do not accept liability for any independent body appointed by the Customer unless prior agreement has been given in writing and arrangements made for a representative from Fix All Plant to be present at the disassembly and inspection.

Generally

Each and every item referred to in the acceptance of an order shall be deemed to be the subject of a separate agreement between the customer and Fix All Plant and the customer shall not be entitled to reject any goods, by reason of any failure on the part of the Customer, to deliver any other goods ordered by the customer.

Fix All Plant shall not be under any obligation or liability, to make good any defect, or pay any monetary compensation or pay damages to the customer in respect of any breach of contract or negligence, save as specifically provided for by these conditions and Fix All Plant shall not under any circumstances be liable to compensate the customer in respect of any consequential loss or loss of profits howsoever caused.