The Vigilance Group, Vigilance Engineering Safety Products and MachineTool Sales Online Terms & Conditions
1. Information about us
1.1 www.machinetoolsalesonline.com (hereafter called MTSO) is a wholly owned subsidy of The Vigilance Group. All invoices for all business activity, sales and orders, are centred through Vigilance Engineering Safety Products Limited (hereafter called Vigilance ESP Ltd) for all Group activities.
1.2 MTSO 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 and trading address at Unit 2 & 3 Chapel Lane, Fishponds Bristol. BS5 7EY. Our telephone number is 0117 965 2706, our fax number is 0871 900 1851 and our email address is email@example.com
1.3 Vigilance ESP Ltd is a company subject to the provisions of the Companies Acts in England and Wales.
2. Acceptance of Terms
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.
3.1 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.
3.3 Due to varying conditions the right is reserved to amend if necessary any information provided, descriptive specifications, drawings, illustrations, photographs, weights, dimensions, size, prices, and all statements contained in any particulars for any machine, product, goods, service or property etc. are deemed to be approximate and may be subject to adjustment and availability and the right is reserved to make changes in design ad specification without notice and will not necessarily constitute an offer or any part of the contract and are given in good faith and without responsibility. Prospective Purchaser(s) and/or Agent(s) are open to satisfy themselves by inspection as to suitability and condition for their purpose(s) any offers to purchase made by us in general that are accepted by Seller(s) will be subject to confirmation by us that we wish to proceed and will be in accordance with our Conditions of Purchase Order
4.1 All intellectual property rights of MTSO The Vigilance Group Ltd or Vigilance ESP Ltd and intellectual property rights relating to the Website are and remain those of Vigilance ESP td. 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 Ltd .You will not copy, download, transmit, reproduce, print or exploit for commercial purposes any material contained within the Website.
5. Disclaimer, Warranties and Guarantees
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 above, all items are sold by us 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 MTSO or Vigilance-ESP Ltd gives, offers or makes no warranty or guarantee 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. Private treaty, New Machine and Buy it Now sales:
6.1 Any details given for capacity, performance and accuracy are obtained on tests. If an, but no guarantee is given unless specifically provided in writing. The purchaser (s) assume total responsibility in respect of the suitability of any goods be them new or used, for their purposes.
6.2 New machine tools of our own brand (MACH Machine Tools) are guaranteed against defective workmanship and/or materials for a period of 12 months from the date of delivery on a single shift basis and strictly that no modifications have been undertaken, that we are notified immediately of any such defect and that the faulty parts are retained by our engineers to our works. Our responsibility under such guarantee is limited to exchange the defected parts only and expressly excludes any claim in respect of loss of profits, damages, either or direct or consequential arising therefrom. New machines, products and goods in general from other manufacturers or principles supplied by us directly or indirectly are offered in line with their own guarantee and conditions of sale and our conditions where necessary.
6.3 Used machines, ex-demonstration machines, products and goods in general offered/supplied, directly or indirectly are offered and supplied as seen and inspected and prospective purchaser(s) can check any vital details prior to purchase or sub sale if deemed necessary and expressly excludes any claim(s) in respect of damages, loss of profits, either directly or consequential from them or third parties howsoever arising and, no guarantees are given unless specifically provided in writing by us.
6.4 Servicing or remedial work, including supply of labour and/or any parts are not guaranteed, and any works will be undertaken at our discretion and in accordance with any advises that are made prior to or during or after thereto.
6.5 If it has been agreed in advance that a repair can be carried by the Purchaser(s) using their own staff or that of a sub contractor, it is understood the Purchaser(s) will assume all responsibility under the National and/or International (including EEC or Continental American) Health & Safety at Work Act(s) or any other directives for all goods, safety guarding, etc. and insuring being safe for work before being used and that the work is carried out by a qualified person..
7. Our Liability
7.1 MTSO 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 7.2.
7.2 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.
8. Third Parties
8.1 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.
8.2.2 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.
8.3 If you wish to make use of any material on the Website please address your request to firstname.lastname@example.org
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.
11. Viruses, Hacking and other offences
11.1 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.
11.2 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.
11.3 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.<!--[if-->
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 suitable for consumers. Private individuals are not authorised to use this website. By registering, you represent and warrant that you have 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 “hammer fee” at the rate of 10% of the gross amount of the sale. This fee applies to: auction sales, buy it now sales and or a private treaty sale through the website.
13.2 MTSO may sell assets on behalf of 3rd parties through the website. Buyers accept that MTSO may also receive a seller’s commission from the Third parties.
13.3 The Buyer agrees Vigilance-ESP Ltd the Total Amount Due on demand by 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 made once our bank informs us that payment has been received. 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.
If the purchaser(s) should enter into a deed of arrangement with or compound with his creditor(s) or if a Receiving Order is made against the purchaser(s) or if the purchaser(s) is a company an order for winding up is made or a resolution for winding up is passed or if a Receiver or Liquidator is appointed, whether by Debenture Holders or otherwise, the seller(s) may stop goods in transit to the Purchaser(s) and suspend further deliveries and may determine any contract then subsisting for the sale of goods without prejudice to any right or claim then vested in the Seller(s) against the purchaser(s).
15. Deed of Title
The Seller(s) will retain Deed of Title of the goods until they have been paid for in full or seize/lien goods to the accrued value.
16. Delivery or collection.
16.1 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.
16.2 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.
16.3 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 machinetoolsalesonline or by Vigilance ESP Ltd in relation to this will be forwarded to the buyer, with a 10% handling charge.
16.4 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.
16.5 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.
17. Illustrations in General
Due to varying conditions the right is reserved to amend if necessary any information provided, descriptive specifications, drawings, illustrations, photographs, weights, dimensions, size, prices, and all statements contained in any particulars for any machine, product, goods, service or property etc. are deemed to be approximate and may be subject to adjustment and availability and the right is reserved to make changes in design ad specification without notice and will not necessarily constitute an offer or any part of the contract and are given in good faith and without responsibility. Prospective Purchaser(s) and/or Agent(s) are open to satisfy themselves by inspection as to suitability and condition for their purpose(s) any offers to purchase made by us in general that are accepted by Seller(s) will be subject to confirmation by us that we wish to proceed and will be in accordance with our Conditions of Purchase Order
Due to varying conditions, we must reserve the right to amend any information supplied, prices stated on any proposal, estimate, quotation and order should this be necessitated by variations in the cost of wages, equipment or overhead expenses, exchange rates and duties, and to invoice goods at prices ruling at the date of dispatch.
19. Acceptance of Orders
All orders cannot be cancelled without our written consent, and we reserve the right to impose a cancellation charge. No other conditions or contract imposed by the Purchaser(s) shall waiver these conditions unless agreed in writing by us and thereto any contract or order shall be deemed to be in accordance with these Conditions of Sale and with any information furnished prior to, or during, or ultimately advised by us and/or via our Principle(s) where necessary, and strictly subject to any other circumstances beyond our control.
20. 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 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 peacefully, the 21 below shall apply.
If at any time any dispute however shall arise between the Seller(s) and the Purchaser(s) in relation to or in connection with the contract, that cannot be settled peacefully, the same shall be referred to arbitration in accordance with the Arbitration Statue for the time being in force before a single arbitrator
12. 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.
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