AMTEC Terms & Conditions of Irrigation Demonstrations

 AMTEC

IRRIGATION DEMONSTRATIONS TERMS AND CONDITIONS

In these terms and conditions of irrigation demonstration (“Terms and Conditions”), unless the context requires otherwise:

‘Consumable items’ means, but is not limited to, parts of the Equipment that require regular replacement because of continuous wear and tear.

‘Owner/s’ means AMTEC of Gaydon Farm, Gaydon, Warwick, CV35 0EP

‘Customer’, ‘They’, ‘Themselves’ means those people, companies or organisations who are demoing the irrigation equipment from the Owner.

‘Demonstration Period’ means such period for the demonstration of the Equipment as agreed between the Owner and the Customer.

‘Equipment’ means all classes of irrigation machinery, equipment, and accessories which the Owner agrees to demo to the Customer.

‘Return’s Note’ means the confirmation in writing by the Owner, that the Equipment has been returned to the Owner and that the Equipment is in a suitable condition.

1.1  These Terms and Conditions shall be incorporated into every contract (“The Contract”) for the demo of Goods by the Owner. The Contract will be subject to these Terms and Conditions alone.

1.2  Any variation of the Terms and Conditions must be expressly agreed by the Owner.

COMMENCEMENT AND TERMINATION OF THE CONTRACT

3.1 The Demonstration Period shall commence from the time when the Equipment leaves the Owner’s premises and shall be terminated when the Equipment is received back at the Owner premises in good condition. The Owner shall have the absolute discretion to determine when and whether the Equipment is considered to be in ‘good condition’ for the purpose of the Contract.

3.2 The Customer’s responsibility for the Equipment commences on delivery or receipt of the Equipment and ends when the Customer is in possession of the Owners Returns Note for the Equipment.

CUSTOMER’S RESPONSIBILITIES

4.1 The Customer will be responsible for ensuring that they are fully covered by insurance for theft, damage to the Equipment and any risks involved in the use of the Equipment.

4.2 Unauthorised Use of the Equipment the Customer agrees that they will not sell, hire, sub-let or lend to any third party or otherwise part with control of the Equipment.

4.3 The Customer shall ensure that the Equipment remains safe, serviceable and clean, and shall ensure that at all times the Equipment is used in compliance with any instructions given by the Owner, (unless stated otherwise by the Owner) and all relevant statutory and regulatory requirements.

4.4 The Customer is responsible for maintaining the wearing parts of the Equipment and avoiding any premature wear to adjoining parts. The Customer agrees to pay for the replacement of such adjoining parts should they be excessively worn due to Customer’s negligence.

4.5 The Equipment must not be removed from the address agreed with the Owner, without the Owner’s written authority.

4.6 If the Equipment is lost, stolen or cannot be retrieved by the Owner (for any reason whatsoever), the Demonstration Period will be deemed to have ended and the Customer will pay to the Owner the full listed retail value of the Equipment.

4.7 The Customer must return the equipment in the same condition as when it was supplied, with the exception of reasonable wear and tear which may occur during the period of demonstration. The Customer must clean the equipment before it is returned to the Owner.

4.8 Where the Equipment is returned to or collected by the Owner and it is damaged or unclean, the Customer will pay all costs incurred by the Owner in rectifying the condition of the Equipment.

4.9 The person signing the Contract is hereby deemed to accept that the Equipment is in good working order and free of damage at the time of delivery or collection, unless expressly stated by the Customer within 12 hours from the time of delivery or collection.

4.10 If the Equipment is damaged whilst being loaded or unloaded, the Customer will be responsible for the damage unless such damage was caused by the Owner’s negligence.

4.11 Any breakdown or unsatisfactory working of the Equipment must immediately be notified by phone to the Owner. Under no circumstances shall the Customer repair or attempt to repair the Equipment except for changing tyres or mending punctures unless authorised to do so by the Owner. Such Equipment must be returned to the Owner if requested. In the event that the Customer carries out any unauthorised repairs, the Customer shall be responsible for all costs incurred by the Owner in remedying or rectifying any issues that arise from such unauthorised repairs.

4.12 The Customer shall be responsible for all expense involved arising from any breakdowns and all loss or damage incurred to the Equipment due to Customer’s negligence and for any loss of business incurred by the Owner during the period the Equipment is unable to be used due to such breakdown or damage.

4.13 The Customer authorises the Owner, its employees or representatives, to enter upon any premises wherein the Owner reasonably believes the Equipment or any part thereof to be, and if, and in so far as, the Owner in its absolute discretion deems necessary, to inspect, test repair, replace or repossess the same.

4.14 The Customer shall not remove or cover up any nameplate or identification mark or number on the Equipment, nor put any mark on the Equipment which might indicate that it belongs to the Customer.

4.15 It shall be the Customer’s responsibility to ensure that the demonstration Equipment meets the Customer’s purpose. The Owner shall not be liable in the event that the Customer demos Equipment that is not suitable for the Customer’s needs.

LIABILITY

5.1 The Customer shall at all times indemnify the Owner against and from any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury whatsoever, (including, but without prejudice to the generality of the forgoing, injury to the Customer [if the same is possible] and injury to any servant, employee or agent of the customer) and in respect of damage to any property whatsoever (including the Equipment) arising out of or in connection with or consequent upon the demonstration, delivery, non-delivery, breakdown or stoppage of same, use, misuse, non-use, repossession, collection, return or non-return of the equipment or any part thereof unless caused by the Owner’s negligence.

5.2 If the Equipment is involved in any accident resulting from injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing. In relation to any claim in respect of which the Customer is not bound fully to indemnify the Owner, no admission, offer, promise of payment shall be made by the Customer without the Owner’s consent in writing.

5.3 The Owner accepts no liability for any indirect or consequential loss suffered by the Customer.

5.4 The Owner does not accept liability for stoppages through causes outside the Owner’s control including (but not limited to) bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of retrieving any Equipment from soft ground or other such locations where access is restricted.

TERMINATION

6.1 The Owner may terminate the Contract immediately in the event that the Customer commits a material breach of the Contract.

6.2 The Owner may terminate the Contract if the Customer takes any steps or actions in connection with or is made bankrupt or enters into any arrangement with its creditors including having a receiver appointed to any of its assets or ceasing to carry on business or suspends or ceases to carry on all or any part of its business.

GENERAL

7.1 The Owner and the Customer agree to comply with their respective obligations under the General Data Protection Regulation (GDPR) and Data Protection Act 2018 (and all other applicable statutes directives or regulations which may supplement, amend or replace them) (“Data Protection Legislation”) in respect of any Personal data supplied or received in connection with this Contract.

7.2 None of the Customer’s rights or obligations under the Contract may be assigned or transferred without the Owner’s prior written consent.

7.3 The Owner may assign its rights under this Contract and may subcontract any work relating to the Contract.

7.4 Any notice or other communication to be given under this Contract must be in writing and may be delivered or sent by pre-paid first-class post. Any notice or document will be deemed served, if delivered, at the time of delivery and if posted, 48 hours after posting.

7.5 The invaliding, or enforceability of any element of this Contract shall not prejudice the effectiveness of the remainder of this Contract.

7.6 If the Owner waives any of its rights under this Contract, this shall not be considered as a waiver of any subsequent breach of the same or any other provision in the Contract.

7.7 A person who is not a party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

7.8 This Contract shall be governed by English law and the Owner and the Customer submit to the exclusive jurisdiction of the English courts.