Machine Tool Sales Online Terms & Conditions

1. Information about us

1.1 www.machinetoolsalesonline.com is the online trading name of Vigilance ESP Limited and is the online sales website operated by us. We are registered in England and Wales under company number 06355264 and we have our registered office & showrooms at Unit 10, Avon Riverside Estate, Victoria Road, Avonmouth, Bristol. BS11 9DB. Our telephone number is 01179 828445, our fax number is 0871 900 1851 and our email address is info@vigilance-esp.co.uk or info@machinetoolsalesonline.co.uk

1.2 Vigilance ESP Limited & Machine Tool Sales Online Limited are companies subject to the provisions of the Companies Acts in England and Wales.

2. Acceptance of Terms

2.1 By accessing www.machinetoolsalesonline.com you agree to be bound by these Terms and Conditions and accept our Privacy Policy set out elsewhere on our Website. If you do not accept these terms you should not use the services offered on the Website and should leave immediately.

2.2 You agree that you will not use the Website for any illegal purpose or in any way that may impair the performance, corrupt the content of or otherwise reduce the functionality of the Website. You also agree not to attempt to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

2.3 You agree to be fully responsible for any claim or loss of damage including legal fees incurred by us arising from any infringements of the Terms and Conditions of use of this Website.

2.4 If you use a user identifier code, password or other piece of information as part of our security procedures, then you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the provisions of these terms.

3. Modification

3.1 We reserve the right to change these Website terms without notice. The new terms will be posted upon the Website and your continued use of the Website will be considered acceptance of them. You are advised to check the Website terms regularly.

3.2 We may at any time modify or remove any part of the Website without warning or incurring liability as a result of such action.

4. Copyright

4.1 All intellectual property rights of Machine Tool Sales Online Limited or Vigilance ESP Limited and intellectual property rights relating to the Website are and remain those of Vigilance Engineering Safety Products Limited. This includes trademarks, trade names, patents, registered design and copyright including any intellectual property rights derived from the design or functioning of the Website.

4.2 In using the Website you agree to respect the intellectual property rights of Vigilance ESP Limited. You will not copy, download, transmit, reproduce, print or exploit for commercial purposes any material contained within the Website.

5. Disclaimer

5.1 We have no knowledge of your circumstances and of your intended use of the Website. You are entirely responsible for submitting accurate details and answers to questionnaires placed on the Website.

5.2 The Website is not able to provide individual advice. You should not wholly rely upon the Website or any information contained upon it when making any decision in relation to your actions.

5.3 The information contained on the Website is provided on an “as is basis” with no warranty expressed or implied relating to its description, the accuracy, fitness for purpose, compatibility or security of any elements of the Website.

5.4. As with any auction, all items are sold with all faults and imperfections “as is”. 

5.5 Viewing prior to the end date of all sales is possible, and recommended, by appointment through the website. You should always be satisfied of the condition of the item prior to bidding or buying.  Descriptions of the items and the condition of the same are the opinion of the seller only and should not be relied upon. All images and descriptions do not form part of any Contract with you the buyer, they are stated as an idea of the item listed. 

5.6 Unless specifically stated in the item description that one exists, then Machine Tool Sales Online Ltd or Vigilance-ESP Ltd gives, offers or makes any warranty in relation to that item or its condition. Additionally, any omissions, information, specifications or documentation given on our Website shall be subject to correction without any liability on our part whatsoever

6. Our Liability

6.1 Machine Tool Sales Online Ltd and Vigilance ESP Ltd will not be liable to you for any direct, indirect, special or consequential damages including loss of business, revenue, profits, data or anticipated savings in relation to your use of the Website, save as provided by clause 6.2.

6.2 Nothing in these Terms and Conditions will limit any rights you may have as a consumer but which may not be excluded. Nor will they in any way exclude or limit our liability to you for death or personal injury resulting from our negligence.

7. Third Parties

7.1 The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and take no responsibility for their content. The inclusion of hyperlinks to such websites does not imply any endorsement of views or information contained on such websites.

7.2 You must not establish a link from any website that is not owned by you. The Website must not be framed from any other site nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking commission without notice.

7.3 If you wish to make use of any material on the Website please address your request to info@vigilance-esp.co.uk

8. Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

9. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy found on this Website.

10. Viruses, Hacking and other offences

10.1 You must not misuse the Website 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.

10.2 If you breach this provision we will report such breach to relevant law enforcement authorities. In the event of such breach your right to use this Website will cease immediately.

10.3 We will not be liable for any loss or damage caused by any viruses or other technologically harmful materials that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading any material posted on the Website or on any website linked to it.

11. Governing Law

11.1 This Website is controlled and operated by Vigilance-ESP Ltd located in England. The contract in relation to your use of the Website shall be governed by and interpreted in accordance with English law and English Courts shall have jurisdiction to resolve any disputes.

11.2 If you access this Website from locations outside of England and Wales, you do so on your own initiative and you are responsible for compliance with local laws which may apply.

12. Participation

12.1 You can browse the Website at any time without registering.  To use the site you are required to register as a member by completing the online "User Registration Form" on the Website and submitting it to Us by clicking on the "Register" link once you have read and accepted these terms and condition. By doing so you agree to be bound by these terms and conditions. You should only register if you qualify for membership.  Registration to bid for items via the Website is free, however fees are payable to sell and buy items on the website (see fees at Section 13 below).

12.2 The Services are only available to individuals who are:

(a)  aged 18 years and over (and by registering and accepting these Terms and Conditions you represent to us that you are not a minor and can form legally binding contracts under applicable law); and

(b) registered or are representing a business or in the course of your business, machinetoolsalesonline.com is not yet suitable for private individuals or consumers. Private individuals are not therefore authorised to use this website. By registering, you represent and warrant that you have the authority to bind your company to these Terms and Conditions.  We reserve the right to ask you for written authority from the business entity before registering you as a user of the website.

13. Fees and Payments

There are no fees payable to register as a user of the website, or to bid on any items. Fees apply to purchasers, and in some cases, sellers only:

13.1 Purchasers accept that they will be charged a purchase or “Buyers Premium fee” at the rate of 10% of the gross amount of the sale. This fee applies to: auction style sales, buy it now sales and or a private treaty sale through the website.

13.2 machinetoolsalesonline may sell assets on behalf of 3^rd parties through the website. Buyers accept that machinetoolsalesonline may also receive a seller’s commission from the Third parties.

13.3 The Buyer agrees to pay Vigilance-ESP Ltd the Total Amount Due on demand by VAT invoice from Vigilance ESP Ltd.

13.4 For sales to the UK, the following payment methods are accepted:

i. Bank Transfer by BACS or CHAPS service (preferred) or by ii. Company Cheque.  

For Overseas sales we only accept bank transfer method.

13.5 The Buyer shall receive a VAT Invoice from Vigilance ESP Ltd, or in some cases the seller, with 48 hours of the sale close. Payment is accepted by the above methods by return. Payment is deemed to have been made once our bank informs us that payment has been received and cleared. Goods will not be released until full cleared payment has been made.

13.6 You may be charged interest and have debt recovery costs issued to you strictly in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 on invoices that have not been cleared from day 21 of the invoice date. We shall always communicate with you prior to taking this action however.

13.7 Value Added Tax (or UK Sales Tax) shall apply to all sales at the prevailing rate set at the time of purchase. It should be noted that, and in line with the EC Sixth VAT Directive, Non-EC Buyers and Buyers that are VAT registered in an EC Member State will be charged VAT at the prevailing rate. Upon receipt of a copy of your "export from the UK documents", and in the case of Buyers from EC Member States, your EC VAT number is required, all VAT will be refunded.  This proof needs to be produced with 3 months of the sale date. 

14. Delivery or collection.

14.1 Unless otherwise stated in the listing, the full cost of de-commissioning, removal, making good the removal site, transportation and installation costs are the sole responsibility of the buyer.

14.2 The buyer is required to make good the site that the item is removed from and warrant that any damage caused by your contractors whilst on site will be covered financially.

!4.3 the buyer warrants that all oils, coolants or wastes including all fluids and chippings are removed and taken with the item. The area must be left clean, clear and without trip hazard. Any charges incurred by the seller, by Machine Tool Sales Online Ltd or by Vigilance ESP Ltd in relation to this will be forwarded to the buyer, with a 10% handling charge.

14.4  All packing and making ready for transport is the responsibility of the buyer. From time to time, Health and Safety and Methods Statements, along with licences for lifting equipment use and or electrical work may be requested for inspected prior to your contractors being given the authority to go on site. These documents should be ready prior to arrival.

14.5 The Buyer must collect the machine by the due date, but not before cleared funds have been received and a Collection Authority Notice has been received.

15.  COMPLAINTS POLICY

We are always committed to the highest standards of quality in the delivery of our service to our customers.  We will always take any complaint very seriously and will always enter into communication at our earliest opportunity in an attempt to resolve any issues through our complaint procedures, set out below. Should you ever have an issue or complaint with any part of our website, then please click on the “Contact us” tab at the top and bottom of our home page.  We will immediately acknowledge your complaint and conduct a thorough review of your complaint, reporting back to you our findings with a view to resolving the matter. Should the matter not be resolved during this process, then a Director of Vigilance ESP Ltd will contact you personally.