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 shall be paid in full before any goods are released to The Customer.

The price quoted at the time of acceptance of an order shall be “ex-works” unless otherwise specified.

A minimum 20% handling charge for ordered items subsequently cancelled by The Customer will be levied. The Customer will also remain liable for any carriage charges that were incurred by having goods sent to Fix All Plant’s office, and any carriage charges which shall be incurred by returning uncollected or unwanted goods from Fix All Plant’s office back to whence they came. 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. 

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.

Defects and Quality of Goods Supplied

For new tools, 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.

If the goods are being delivered, The Customer, or the person collecting or receiving the goods on The Customer’s behalf (“The Recipient”), should check all goods for condition and quantity immediately upon delivery in the presence of the carrier. If there is a shortage or the goods are received in unsatisfactory condition, The Customer or The Recipient must clearly state this upon the carrier’s delivery document and must notify us verbally within two working days of delivery. If the goods are being collected from Fix All Plant’s office, The Customer or The Recipient should check all goods for condition and quantity immediately in the presence of a Fix All Plant staff member and report any shortages or defects immediately. If these conditions are not observed, no claim in respect of shortage or unsatisfactory condition of the goods will be considered.

In the case of reconditioned tools which have been reconditioned by Fix All Plant, we offer a warranty for one month from the date of delivery or collection. No liability is accepted after the month has expired. Fix All Plant will accept no liability for tools which have been subject to user error or misuse, nor which have been wholly or partly disassembled, nor where incorrect lubricants/fuels have been used.

In the event of a defect being notified, it is the responsibility of The Customer to return the goods to Fix All Plant immediately.

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.

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 have been ordered and are not collected within one month, will be re-sold by Fix All Plant to recover the debt and all costs incurred. A minimum 20% handling charge for ordered items uncollected by The Customer will be levied, in addition to any carriage charges that were incurred by having goods sent to Fix All Plant’s office, and any carriage charges which shall be incurred by returning uncollected or unwanted goods from Fix All Plant’s office back to whence they came. 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. 

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.

Generally

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.