Principle Fork Lifts Ltd

Terms & Conditions

Standard Conditions of Sale

  1. Unless otherwise agreed in writing by a director of Principle Fork Lifts Limited (“the Seller”) all goods or equipment or spare parts therefore (“the equipment”) supplied by the Seller, are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the Buyer. Price and Payment
  2. The Seller reserves the right to amend the contract price at any time up to delivery to take account of any variations in the prices charged by the Seller’s suppliers or changes in the value of any currency, new or increased taxes, duties or other imports or variations in costs arising from new legislation or regulations.
    Payment is due on, or prior to delivery, unless otherwise agreed in writing with the Seller who reserves the right to charge interest on any monies not paid at 4% per annum above the base rate of National Westminster Bank plc from time to time in force and interest shall be compounded at monthly intervals from the due date of payment for the equipment until payment. Time of payment shall be of the essence.
  3. Failure by the Buyer to effect punctual payment in the manner agreed shall entitle the Seller to refuse to make any further delivery under and/or to cancel the contract concerned and all or any other contracts with the Buyer without prejudice to the Seller’s right to claim for equipment supplied and work done at the date of the cancellation and for loss or injury occasioned thereby.

Delivery

  1. Where at the time of the contract the Seller is not in possession of the equipment agreed to be sold or does not at that time own that equipment the Seller shall not be liable for any loss where delivery of the equipment is delayed, postponed or the contract is cancelled for any reason whatsoever. Passing of Property
  2. The property in the equipment shall pass to the Buyer when, and shall not pass to the Buyer until, the Seller shall have been paid therefore in full.

Force Majeure

  1. The Seller shall not be liable for any failure to observe, or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotions, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, prohibition of import or export, delay in delivery by the Seller’s suppliers or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.

Liability

  1. Any equipment which is of defective manufacture or which fails to attain any expressly guaranteed performance figures (subject to any specified tolerances) will be replaced or rectified by the Seller at the option of the Seller and free of charge provided that:-
  2. The Seller is notified of such defect of failure in writing within 6 months after delivery in the case of new equipment.
  3. In respect of equipment not of the Seller’s manufacture, the Seller’s responsibility shall be limited to any benefits it may receive under the guarantee given by the supplier of such equipment.
  4. In respect of equipment described as “second hand” or “reconditioned” the Seller has in writing otherwise than by these Conditions agreed to grant a guarantee in terms of this clause.
  5. Any equipment in respect of which no notification is given to the Seller under proviso a) above, shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.
  6. The Seller’s liability in terms of Clause 7 hereof is in lieu and to the exclusion of all warranties, conditions, or obligations imposed or implied by statute or otherwise in relation to the quality or description of the equipment or its fitness for any particular purpose, and all liability for any direct or consequential loss (however arising) is hereby expressly excluded, and the Buyer agrees that, in view of the warranty contained in Clause 7 hereof, such exclusion is fair and reasonable.
  7. The Buyer acknowledges that no reliance has been placed upon any representation made but not embodied in these conditions of sale, save only such representation (if any) as is notified in writing to the Seller and accepted by the Seller in writing on or before any order is placed or quotation given. 10. In respect of “second hand” or “reconditioned” equipment the Buyer acknowledges that no exact date of manufacture of such equipment can be specified by the Seller or the Buyer.

Health and Safety at Work

  1. The Buyer hereby undertakes to ensure that equipment will be safe and without risks to health when properly used and in particular to examine the equipment to establish whether it safe to use in the condition in which it is delivered and (without prejudice to the generality of the foregoing) the Buyer undertakes not to use the equipment without first satisfying its public liability and/or employer’s liability insurers or some other competent person in such matters that the chains, brakes, steering systems, tyres, forks and hydraulics are safe and without risk to health when properly used and that the equipment satisfies all statutory requirements for the time being in force.
  2. Where the equipment sold is described as “second hand” or “reconditioned” the Seller gives no warranty of the undertaking that the equipment complies with statutory requirements for the time being in force and the Buyer undertakes to ensure that it so complies and hereby undertakes to indemnify and save harmless the Seller against all or any claims of any nature whatsoever in respect of loss or injury arising from the sale of such equipment howsoever caused.
  3. The Buyer acknowledges that it has placed no reliance on any description, statement or representation made by the Seller, its servants or agents.

Claims for Damage or Loss in Transit

  1. No claims for damage in transit, storage of delivery or loss of goods will be entertained unless, in case of damage in transit or storage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within seven days of the receipt of goods, and in case of loss of goods, notice in writing is given to the carrier and to the Seller within seven days of the date of invoice. Cancellation
  2. The Buyer shall not be entitled to cancel any order either written or verbal, unless the Seller is able to cancel its corresponding contract with its supplier. In such case the Buyer shall indemnify the Seller for any loss suffered by the Seller and it is agreed that without prejudice to the foregoing this loss shall be equal to at least 15% of the price payable by the Buyer, and such sum being agreed by way of liquidated and ascertained damages. Indulgence
  3. No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Seller. Proper Law
  4. This contract shall be deemed to be made in England and shall be construed in all respects in accordance with English Law. Severability
  5. If any term herein is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Terms of Website Use

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information About Us

www.principleforklifts.co.uk is a site operated by Principle Fork Lifts Limited (“We”); we are a company registered in England and Wales under registration number 02487269 Our registered office is Unit A5, Thorpe Industrial Estate, Crabtree Road, Thorpe, Egham, Surrey, TW20 8RN, Our VAT number is [530 3234 93].
We are regulated by the [Fork Lift Truck Association] and authorised and regulated by the [Fork Lift Truck Association].

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our Site Changes Regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Viruses, Hacking And Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction And Applicable Law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade Marks

[Principle Fork Lifts Limited] is a UK registered trademark of [Principle Fork Lifts Limited].

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your Concerns

If you have any concerns about material which appears on our site, please contact enquiries@principleforklifts.co.uk.

Thank you for visiting our site.