Linde Used Truck Terms and Conditions

LINDE MATERIAL HANDLING (UK) LTD
“Vendor”

CONDITIONS OF SALE BY TENDER

These are the conditions applying to all sales by Tender ("Tenders") .

1. GOODS
The goods offered for sale ("Goods") in packages ("Packages") at Tenders are owned by the vendor "Vendor" and the buyer of the relevant Package ("Buyer") buys the Goods from the Vendor ("the Contract"). The Vendor may sell to the Buyer subject to additional terms.

LINDE MATERIAL HANDLING (UK) LTD
“Vendor”

CONDITIONS OF SALE BY TENDER

These are the conditions applying to all sales by Tender ("Tenders") .

1. GOODS
The goods offered for sale ("Goods") in packages ("Packages") at Tenders are owned by the vendor "Vendor" and the buyer of the relevant Package ("Buyer") buys the Goods from the Vendor ("the Contract"). The Vendor may sell to the Buyer subject to additional terms.

2. RISK
Parties attend the Premises or such other place from where the Goods are stored ("Site") at their own risk and the Vendor will not be liable for any loss or damage, death or personal injury, howsoever occasioned, to any party or property which may be present on the Site, for whatsoever purpose, except that nothing shall exclude either the Vendor's liability for death or personal injury caused by its respective negligence.

3. CONDITION/DESCRIPTION
3.1 All statements contained in the e-mail or referred to in the e-mail relating to the Goods ("the E-mail") are made without responsibility on the part of the Vendor. All statements contained in the E-mail or referred to in the E-mail in respect of authenticity, origin, date, age, period, condition, attribution, quantity, measurement or weight of the Goods are statements of opinion and are not to be taken as implying statements or representations of fact.

3.2 The Vendor makes no warranty or representation as to the anticipated or likely selling price of any Package or item or of its value. Any written or oral estimate given by the Vendor or its employees or agents as to the estimated selling price of a Package is a statement of opinion only, and may not be relied on as an indication of the actual selling price or value.

3.3 All illustrations, photographs, pictures or images contained in the E-mail or elsewhere regarding the Package are for identification purposes only. They may not be an accurate reproduction of the Package.

3.4 The Goods are sold as they lie with all faults, imperfections and defects. The Buyer shall be deemed to have inspected and approved the Goods. The Buyer buys at his own risk and with notice of all faults, imperfections and defects. The Goods are sold by the Vendor as seen and inspected by the Buyer.

3.5 No warranty is given by the Vendor that the Goods comply with the Health and Safety at Work Act 1974, any statutory amendment or re-enactment thereof, any regulations made thereunder or any other applicable health and safety law. Consequently, Buyers undertake to carry out any necessary work in order to ensure that each Package conforms with the law before the Package is put into use.

3.6 No Packages are supplied as new as regards the Consumer Protection Act 1987 or any other product liability law.

3.7 The Vendor does not represent Goods sold by Tender as being in a condition which makes them suitable for use. Despite the above, should Buyers intend to supply any Goods for use, they should ensure that the Goods comply with all statutory requirements for the use of the equipment including Machinery Safety Directive, Loler, Puwer or any other similar law.

3.8 Certain types of plant and machinery and ancillary equipment can contain hazardous materials, chemicals, etc. Buyers must ensure that the removal of such hazardous materials, chemicals, etc. from the Site is carried out in accordance with the Health and Safety at Work Act 1974 and Control of Substances Hazardous to Health Regulations 1988 (COSHH) and any other relevant Act of Parliament, Regulations or relevant Legislation covering such substances.

3.9 Health and Safety at Work Etc Act 1974. It is expressly brought to the buyers attention that, at the time of sale, any item of plant, machinery or equipment contained in the Package(s) may not necessarily comply with Health and Safety at Work Etc Act 1974 or any other Act or Acts or Regulations thereunder governing the use of plant. Machinery or equipment in a working environment. Successful buyers for any such plant, machinery or equipment are hereby required to ensure that the use of any such at a place of work within the United Kingdom does not contravene such relevant Act or Regulation hereunder applicable thereto.

4. FORM OF TENDER
4.1 Tenders must be made in the form provided and will be delivered to arrive at the time and address specified in the schedule, together with a deposit for 10% of the purchase price offered.

4.2 No Tenders shall impose further conditions or make any qualifications whatsoever.

4.3 No Tender may be withdrawn once submitted.

4.4 The right to withdraw Packages prior to acceptance of Tenders is reserved.

4.5 The Vendor may refuse to accept any Tender and shall not be obliged to accept any or the highest offer tendered.

5. PAYMENT
5.1 Payment in full must be made in CASH or by BANK DRAFT or such other means the Vendor accepts in its discretion either on the day of the sale or the day following, prior to the clearance of any Packages purchased.

5.2 All offers are deemed to be made exclusive of VAT and the Buyer must pay VAT in addition, where appropriate, at the prevailing rate.

5.3 Full payment is not deemed to be made until any cheques tendered in payment have received the Vendor's banker's clearance.

6. TITLE & RISK
6.1 Legal and equitable title to the Goods will not pass to the Buyer until the latter of the price for the Goods having been paid in full (together with any applicable costs of transport and storage following the sale) and the Buyer having removed the Goods from the Site.

6.2 All Goods sold shall be the sole responsibility and at the risk of the Buyer from the buyer being notified of acceptance of offers tendered, even if the Vendor moves the Goods on or from the Premises. In no circumstances will the Vendors be held responsible if any Package or part thereof is lost, stolen, damaged or destroyed after buyers have been advised. Buyers are therefore advised to effect immediate and adequate insurance cover.

7. CLEARANCE
7.1 Removal of the Goods from the Site shall be the responsibility of the Buyer, who shall remove the Goods on or before the date specified in the Schedule having made prior arrangements so to do with the Vendor

7.2 The Buyer will be responsible for obtaining at its own expense all necessary labour and plant for the removal of the Goods. Where the Vendor gives assistance to the Buyer in connection with such removal, such assistance is given entirely at the Buyer's risk.

7.3 The Buyer will indemnify and keep indemnified the Vendor against all liability, loss, damage, injury or death howsoever and by whomsoever caused to the Site or any thing or person therein or thereupon arising from or in the course of the removal of the Goods.

8. DEFAULT BY BUYER
8.1 If the Buyer fails for whatever reason to either pay for or remove the Goods on or before the date specified in the Schedule, the Vendor will be entitled to rescind the Contract forthwith without incurring any liability whatsoever to the Buyer and upon such rescission the following provisions will apply:

8.1.a Any sums paid by the Buyer towards the purchase price will be forfeited to the Vendor.

8.1.b The Vendor will be entitled to resell the Goods publicly or privately but the Vendor shall not be liable to account to the Buyer in the event of a resale at a higher price than the price contracted to be paid by the Buyer.

8.1.c The Buyer will be liable for all liabilities, losses, damages, costs and expenses whatsoever suffered by the Vendor as a result of the failure to remove the Goods by the required date or arising from the resale of the Goods provided that any sums forfeited to the Vendor under the foregoing provisions will be credited against such liability, loss, damage, cost or expense but further that if such liability, loss, damage, cost or expense is less than the sums forfeited the Vendor shall be under no obligation to make any refund to the Buyer for any such items.

8.1.d If the Vendor reasonably consider damage is likely to occur in removing the Goods from the Site, the Buyer may be required to deposit such sum of money by way of security for the costs of reinstating the Site as the Vendor in their absolute discretion may think fit. If the Buyer refuses to deposit such money the Vendor may refuse the Buyer access to the Site for the purpose of removing the Goods and the Buyer will be deemed to be in default.

9. GENERAL
9.1 The Vendor shall not be liable to the Buyer for any delay in or failure to perform its obligations as a result of any cause beyond its reasonable control.

9.2 Where the Buyer is more than one person the duties and obligations of the Buyer will be joint and several.

9.3 The Buyer will not be entitled to set off any sum due to the Vendor under the Contract against any sums due from or liability of the Vendor to the Buyer in respect of dealings between the Vendor and the Buyer prior to the date of the Contract.

9.4 These Conditions of Sale and the Contract shall be subject to and construed in accordance with English law and the parties hereto submit themselves to the jurisdiction of the English Court.