Terms & Conditions for the Sale & Buy Back Option of Goods by Business and Consumers

This agreement relates to the person(s) or company purchasing Goods, referred to as the ‘Customer' and D J Skelton Commercial T/A Buy Back Plant

This agreement is for the purchase of Goods and a Buy Back Option between the Customer and the Supplier.

Interpretation

‘Supplier’ means D J SKELTON COMMERCIAL T/A Buy Back Plant and will include its employees, servants, agents and/or duly authorised representatives.

‘Goods’ means any machine, article, tool, and/or device together with any accessories specified on an invoice and sold to the Customer.

‘Buy Back Option’ is the opportunity for a customer to sell the purchased Goods back to the Supplier. This Buy Back Option will be honoured by the Supplier subject to all the terms & conditions having been met in this agreement.

‘Buy Back Price’ means the value of returned Goods calculated as the purchase price less the Usage Charge.

‘Usage Charge’ means the Supplier’s charging rate for the period the Customer has held the Goods.

‘Period’ means the period commencing when the Customer holds the Goods (including Saturdays Sundays and Bank Holidays) and ending upon the happening of the physical return of the Goods by the Customer into the Supplier’s possession not before expiry of the Minimum Period

‘Minimum Period’ is eight weeks after the commencement of the Period.

‘Services’ means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the Goods and Products including any delivery and/or collection service for the Goods and Products.

‘Original Equipment’ means parts or products supplied by or approved by the manufacture of the Goods

 Placing an order with us verbally, by phone, Internet, or any other method of communication constitutes you having read, understood and agreed to abide by the following terms and conditions.

Please read this agreement carefully. Upon entering into this agreement, you the Customer agree to be bound by the terms within.  

General Terms & Conditions

Goods are sold with a Buy Back Option. The Customer can only exercise this option when all the conditions of this Contract have been met.

Payment

The Customer shall pay the charges for any Services, monies for any Goods and/or any other sums payable under the agreement to the Supplier at the time and in the manner agreed. If no credit terms exist the Supplier’s invoices are due for payment when an order is placed or, if agreed in advance, when the Goods are delivered.

The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.

Payment by the Customer on time under the agreement is an essential condition. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.

The Customer shall pay all sums due to the Supplier under this agreement without any set-off, deduction, counterclaim and/or any other withholding of monies.

Risk Ownership and Insurance

Risk in the Goods will pass immediately to the Customer when they leave the physical possession or control of the Supplier. We strongly advise that an adequate insurance policy is in place prior to delivery.

Risk in the Goods and Products will not pass back to the Supplier from the Customer until the Goods and Products are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Use Charge.

Ownership of any Goods and Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Goods have been paid in full.

Delivery, Collection and Services

It is the responsibility of the Customer to collect the Goods and Products from the Supplier and return them to the Supplier at the end of the Period. If the Supplier agrees to deliver or collect the Goods and Products to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.

Where the Supplier provides Services, the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.

The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation.

Care of Goods

The Customer shall:-

Take reasonable care of the Goods and only use them for their proper purpose in a safe and correct manner.

Be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Goods required by any legislation, best practice and/or operating instructions.

Where the Goods and Products require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Goods are properly installed by a qualified and competent person.

The Goods and Products must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all registration and other documents relating to the Goods.

If the Goods are returned in damaged, unclean and/or defective state the Buy Back Option will be revoked and this agreement will be terminated.

Breakdown and Maintenance

No allowance will be made in relation to the Usage Charge to the Customer for any non-use of the Goods due to breakdown whatsoever.

The Customer will at its own cost carry out all routine maintenance and all repairs which are required during the Period. All parts must be Original Equipment or another which has been agreed in writing by the Supplier, prior to fitting. 

Termination by Notice

If the Contract has a Minimum Period, neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that Minimum Period unless agreed with the other party.

If the Contract has exceeded the Minimum Period the Customer is entitled to exercise the Buy Back option after three working days notice.

We want your project to be successful

If you are in any doubt of any of the T&C's please call. We are more than happy to help.

We want to ensure that we offer genuine clients a value for money product and good service. That is the reason these T&C's are in place. Do not hesitate to contact us if you have any queries regarding any of the above.