NEWMARKET GARDEN MACHINERY SERVICES LIMITED
TERMS AND CONDITIONS

1. DEFINITIONS

Newmarket Garden Machinery Services Limited company number 01036634 is referred to as “the Company”

The Company premises are at Unit 18, Acorn Business Centre, Oaks Business Park, Oaks Drive, Newmarket CB8 7SX.

The Company contact details are Telephone 01638 600202 Email enquiries@ngms.co.uk

The person purchasing the goods and/or services from the Company is referred to as “the Customer”

The Terms and Conditions set out below form the Terms and Conditions of the Contract between the Company and the Customer.

Any warranty is provided by the Manufacturer to the Customer.

The goods sold, serviced, repaired or otherwise handled by the Company on behalf of the Customer are referred to as “the Item”

The Company website is www.ngms.co.uk

2. DESCRIPTION OF THE ITEM

All product information provided either online or at the Company’s premises is correct to the best of the Company’s knowledge and information which is generally supplied by the manufacturer to the Company.

3. SALE OF THE ITEM

All Items are subject to availability.

The Item is sold subject to the manufacturer’s warranty and conditions. The Customer may be required to have the Item serviced from time to time in order to comply with the conditions of the manufacturer’s warranty.

The Company is not liable to the Customer under the Manufacturer’s warranty and conditions.

Where the Item is a spare part it is supplied subject to information provided by the Customer and the manufacturer, to the Company.

Where the Item is a special order part (one that is not in stock), payment will be required in advance/upon placing the order. The Customer will be notified when the Item is received from the Manufacturer

The offer by the Customer to purchase the Item whether advertised online or in the Company premises is subject to acceptance. The free delivery area provided by the Company relating to the sale of new Items is a 30 mile radius from the Company premises. If the delivery area exceeds the 30 mile radius referred to then the sale may progress once the Customer has contacted the Company and terms of delivery have been agreed in writing. The Company is not obliged to make delivery if it chooses not to do so and the Contract may be cancelled by either party as a result.

4. SERVICING/REPAIR

a. TITLE

It is assumed by the Company that if the Customer provides the Item for servicing or repair, that the Customer has title to the Item, or authority to have the Item serviced or repaired. If the Customer does not have title or authority to the Item then the Customer will be liable to the Company for the cost of the invoice and any loss or damages sustained as a result of the Customer’s instruction.

b. REASONABLE TIME

Servicing and/or repair will be undertaken in accordance with the job list which the Company operates (details of which can be supplied on request) and, within a reasonable time which will be subject to the operation of the job list, stock parts and/or supply of any parts from the manufacturers which it is necessary to order.

5. PRICE AND PAYMENT

The price of the Item, it’s service and/or repair is detailed on the invoice.

Unless otherwise agreed in writing, payment of the invoice is required prior to collection, delivery or other supply of the Item (unless otherwise agreed in writing) and the Company shall not be held accountable for collection, delivery or other supply of the Item until payment of the invoice is received by the Company.

The Item may be incorrectly priced on the premises or website. If the Customer offers the price advertised, the Company is not obliged to accept that offer as effecting the contract. The Company may advise the Customer of the correct price and the Customer may choose whether to continue with the purchase of the item at the correct price or have the price paid refunded. Refunds will be made within 3 working days of the request for a refund.

If the Company is servicing or repairing the Item the Company is not obliged to give a fixed all in price for completion of the work as it may not be possible to ascertain the cost of all the parts required to correctly and completely service/repair until work commences and is completed. The Company will however give some guidance on cost but the cost is not a final cost.

Unless otherwise agreed in writing, if the Item is required to be serviced or repaired by the Company, the Customer is required to pay a booking deposit. Details of the cost of the booking deposit will be provided upon request. The booking deposit will be deducted from the final invoice.

The Customer is required to arrange collection or delivery of the Item with the Company within two weeks of being advised that the Item is available, failing which storage charges of £10 plus VAT per week will be added to the sum due from the Customer to the Company.

If for any reason (including but not limited to non-collection or failure to arrange delivery of the Item by the Customer) the price on the invoice is not paid to the Company either as previously agreed in writing with the Customer, or otherwise before delivery/collection, the Company is entitled to charge interest on the unpaid invoice at the rate of 8% above Lloyds Bank PLC base rate fourteen days from the date of the invoice.

6. CANCELLATION, REFUNDS AND RETURN

Communication by the Customer concerning cancellation, refund or return of the Item should be effected in writing to the Company’s address by recorded delivery or by email to enquiries@ngms.co.uk

a. Online Orders
i. If the Customer wants to cancel their order and the item has not been delivered, they may do so within 14 days of receipt of the Order. The Customer has 14 days to ensure the return of the Item has been completed.
ii. If Customer wants to cancel the order and the item has been delivered is not fault and is unused, then the Customer may do so subject to the provision of the Consumer Contracts Regulations which came into force on 13 June 2014.
iii. Refunds of unused items will be made within 14 days of the date of return of the Item or evidence of return of goods whichever is the sooner

b. Other Orders
i. An order other than online, can only be cancelled if it is prior to delivery and the Company agrees in writing. The Customer has 14 days to ensure the return of the Item has been completed.
ii. Refunds will be made within 14 days of the date of return of the Item

c. If the Item is found to be faulty upon delivery (or within 14 days thereof) the Customer should contact the Company to arrange a replacement of the Item and collection of the item free of charge. This assumes that the Item has not been used.

d. If the Item has been used and becomes faulty, then the Item will be subject to the manufacturer’s warranty.

7. DELIVERY OF THE ITEM

a. The Item will be delivered within 3-5 working days of the acceptance of the Order
b. The Item will be delivered to a ground floor site which is accessible.
c. Delivery of the Item will be made at a time and place agreed with the Customer.
d. If the Customer or their representative is not at the time and place agreed for delivery, the Item will be taken away and re-delivery arranged subject to agreement with the Customer and to payment of a further delivery fee. If further delivery cannot be agreed, the Order will be cancelled by the Company and the Company will refund the Customer the price paid less any failed delivery costs.

8. NON-ACCEPTANCE OF THE ITEM BY THE CUSTOMER

If the Customer or their representative fails to accept delivery of the Item through no fault of the Company, the Order will be cancelled by the Company and the Company will refund the Customer the price paid less any failed delivery costs.

9. HIRE OF ITEMS

Items are hired subject to the Customer’s own insurance. Hire of Items must be paid for in advance (the Company reserves the right to charge am additional deposit fee – to be returned to the Customer upon safe return of the Item). The Company is not liable to the Customer or any third party for any negligent act or otherwise whilst the Item is in the Customer’s care and control. Proof of identity is required by way of photographic ID and a utility bill. Hire items can be delivered and collected for a fee (details available on asking).

10. CALCULATION OF DAMAGES

The Company is not to be held responsible for any loss (whether financial or otherwise) suffered by the Customer or Third Party which is not foreseeable or when we are not in breach of these Terms and Conditions, or otherwise unless the Company is found to be negligent or fraudulent in its delivery, supply of goods or services.

11. THIRD PARTIES/LIABILITY

The Company is not responsible in relation to the supply of Items or services it provides to the Customer for any loss (whether financial or otherwise) caused by a Third Party over which it has not control or order.

12. FORCE MAJEURE

The Company shall not be responsible for any loss suffered by the Customer or Third Party as a result of delay in supply or delivery of the Item that is the result of any event or circumstance beyond our control (including but not limited to, weather conditions, accidents, failure of telecommunications, inability to use transport networks, acts of God, terrorist attack, war, riots, civil commotion strikes acts or restrains of the Government).

13. GDPR

We value your privacy.
Customer details including name, address, telephone number and email address are used on manufacturers websites for new machinery registrations, warranty claims and servicing requirements.
Customer details including name, address, telephone number and email address are retained by the Company for the purpose of the purchase of equipment, warranty claims, servicing and repairs. Details are held on a secure system monitored by data protection software.
Details of access to the website are not retained unless a purchase is made.
Payment details are not retained.
Customer details will only be used for special offers or marketing purposes by the Company if authorised or subscribed to by the Customer.
A Customer can unsubscribe from special offers or marketing communications from the Company at any time by email at enquiries@ngms.co.uk telephone 01638 600202 or by writing to the Company at Unit 18, Acorn Business Centre, Oaks Business Park, Oaks Drive, Newmarket, Suffolk CB8 7SX.

14. LAW AND JURISDICTION

The Contract is subject to the law of England and Wales.

The Contract is subject to the jurisdiction of the Courts of England and Wales