Terms & Conditions

Legal & Privacy statement

Legal Entity

1. P. Tuckwell Limited is a company registered in England whose registered office is at Bedingfield House, Bedingfield, Eye, Suffolk IP23 7LG. Registered No. 1189939 England. The Company’s principal place of business is Worlingworth, Woodbridge, Suffolk. 01728 628325.Copyright
2. All copyright, database rights, design rights, and all intellectual property rights in and to all text and graphics selection and arrangement, and all mark up/layout/scripts, software compilations, underlying source (hyper text mark up language and scripts) and all other material on this web site belong solely and absolutely to P. Tuckwell Limited.
3. No part of this web site can be reproduced in any form whatsoever whether electronically or otherwise without the prior written consent of P. Tuckwell Ltd. other than temporarily in the course of using our web site or to keep a record for your personal and non-commercial use.Liability DisclaimerAccess to and use of this site as provided by P. Tuckwell Ltd is subject to the following terms:
4. Use of and access to this site constitutes your acceptance of these terms. P. Tuckwell Ltd. reserves the right to change or update these terms at any time. We disclaim and exclude any duty of care which we may owe you at law in respect of the information on this web site. Your reliance on this web site and your use of this web site is entirely at your own risk. Nothing on this web site constitutes an offer to enter into any contract.
5. This web site and the information, images, pictures relating to P. Tuckwell Ltd its products or services is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or warranty either express or implied, including but not limited to the implied warranties of satisfactory quality or fitness for purpose. All warranties terms and conditions implied by law in relation to this web site are excluded.
6. P.Tuckwell Ltd give no warranty to you as to the accuracy of any information given on this web site (other than fraudulent misinterpretation). You may not rely on any statement or representation in this web site. It is your responsibility to review the information on this web site regularly and to obtain notice of any changes made. If you continue to use this web site after such changes have been made you will be deemed to have accepted these terms and as amended by the changes.
7. P.Tuckwell Ltd excludes all liability for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from your use of or in connection with your use of this web site, whether in contract or in tort.
8. These terms shall be governed by and construed in accordance with the law of England and Wales. Any disputes arising herefrom shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Additional Information

1. In addition to other information requirements established by Community law, Member States shall ensure that the service provider shall render easily, directly and permanently accessible to the recipients of the service and competent authorities, at least the following information:
   1. the name of the service provider;
   2. the geographical address at which the service provider is established;
   3. the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner;
   4. where the service provider is registered in a trade or similar public register, the trade register in which the service provider is entered and his registration number, or equivalent means of identification in that register;
   5. where the activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority;
   6. as concerns the regulated professions:- any professional body or similar institution with which the service provider is registered,- the professional title and the Member State where it has been granted,- a reference to the applicable professional rules in the Member State of establishment and the means to access them;
   7. where the service provider undertakes an activity that is subject to VAT, the identification number referred to in Article 22(1) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment.
2. In addition to other information requirements established by Community law, Member States shall at least ensure that, where information society services refer to prices, these are to be indicated clearly and unambiguously and, in particular, must indicate whether they are inclusive of tax and delivery costs.

Conditions of Sale

1 Definitions

1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller.

1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered.

1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller.

1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance
& VAT.

1.6 ‘Seller’ means P Tuckwell Ltd or any of its trading divisions.

2 Conditions Applicable

2.1 All contracts for sale or for the supply of work and materials by the Seller are subject to the following conditions which are to prevail over any other conditions and the ordering of Goods from the Seller or contracting work and materials to be supplied by the Seller will constitute acceptance of these conditions

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms like payment terms) shall be inapplicable unless agreed in writing by the Seller and signed to that effect.

2.5 No employee of the Seller has authority to make verbal variations of these conditions and can only be authorized by one of the Sellers Directors.

3 The Price and Payment

3.1 The Price is the documented price as shown on the invoice. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.

3.2 For Goods that are ‘Machinery sales’ full payment of the Sellers invoice shall be due within 7 days of the date of the invoice unless specified otherwise.   Time for payment shall be of the essence and delivery withheld until the invoice is settled in full.  For Goods that are parts, repairs and sundries, full invoice shall be due within 30 days of date of invoice unless otherwise stated.

3.3 Any account not paid within the term of trading; the Seller reserves the right to add to the account any costs incurred. These may include but not limited to incurred solicitor fees acting on behalf of the Seller or interest fees.

3.4 The Seller may give 7 days notice to the Buyer before delivery to amend the price of goods to reflect any uplift in pricing which has occurred since the sale has been agreed. These uplifts would be due to a matter or thing beyond the reasonable control of the Seller (including without limitation foreign exchange fluctuation, taxes and duties, increases in costs by the manufacturer, increases in other manufacturing costs and the cost of labour and materials).

3.5 Where the transaction between the Seller and the Buyer involves the Seller purchasing goods in part exchange from the Buyer, the Seller may raise a self-billing document on behalf of the Buyer which the Buyer shall treat as part of his VAT output tax.

3.6  The Seller exercises the right to hereunder to repossess the Goods and withdraw the Buyers credit facilities at any time.

4 Goods

4.1 The quantity and description of the Goods shall be as set out in the Sellers Customer Order Acknowledgement or Sellers quotation and supplied in accordance with all applicable British Standards which relate specifically to the goods.

4.2 The descriptions, illustrations and price lists contained in catalogues provided by the Buyer is only for the use of general descriptions therein, and none of these shall form part of the contract of the Goods.

4.3 The Seller may from time to time make changes in the specifications of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

5 Warranties and Liabilities

5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded, save in respect of those terms which introduced amendments to the Sale of Goods Act 1979 requiring goods supplied to be of satisfactory quality.

5.2 The Buyer is responsible to read the manufacturers instructions as provided and adhere closely to them. The Seller shall provide adequate provisions for initial  installation instructions and it is then the Buyers duty to insure their employees are fully acquainted for competent and safe use of the Goods.

5.3  Goods supplied by the Supplier which are not manufactured by themselves, The Sellers Liability is limited to passing, the Buyer the benefit of any manufacturers factory warranty.

6 Delivery of the Goods

6.1  Delivery of the Goods shall be made to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery shall be deemed to have occurred when the delivery handover note is signed by or on behalf of the Buyer, or a delivery note following delivery is tendered for signature even if the same is not signed by or on behalf of the Buyer

7 Acceptance of the Goods

The Buyer shall be deemed to have accepted the Goods after delivery to the Buyer.

8 Title and Risk

8.1 The Goods shall be at the Buyer’s risk as from delivery and is the Buyers responsibility to have the Goods insured.

8.2 In spite of delivery having been made property the Goods shall not pass from the Seller until:

8.2:1 the Buyer has paid for the Goods in FULL: and

8.2:2 no other sums whatsoever shall be due from the Buyer to the Seller.

8.3 Until property in the Goods passes to the Buyer, the Buyer shall hold the Goods on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.

8.4 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods that has not passed from the Seller.

8.4.1 Until such time as property in the Goods passes from the Seller, the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 4 shall cease.

8.5 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

8.6 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

8.7 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

9 This Contract is Subject to the Law of England and Wales

10 Waiver

No waiver or forbearance by the Seller or Buyer (whether express or implied) in enforcing any of its rights under this contact shall prejudice its right to do so in the future.

11 Sub-contracting

The Seller shall not assign sub-contract licence or otherwise dispose of any part of its rights or obligations under this contract without the prior written consent of the Buyer.

12 Force Majeure

12.1 The Seller will not accept any liability where performance of its contractual obligations is prevented or affected due to a Force Majeure Event.

12.2 For the purpose of this contract Force Majeure Event shall mean (1) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government authority (including refusal or revocation of any licence or consent), (iv) fire, lightning or explosion (v) power failure, failure of telecommunications lines, failure or breakdown of plant or machinery, (vi) default of suppliers or sub-contractors, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind and (viii) any cause or circumstance whatsoever beyond reasonable control.

12.3 If the Seller seeks to rely on a Force Majeure Event, it will promptly notify the Buyer of the reason and will take reasonable steps to overcome the Force Majeure Event, but it may at its option terminate the contract and, if so doing, will immediately give the Buyer notice to that effect.

13 Seller’s Cancellation Clause

The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

14 Remedies in Sale Contract

14.1 General Limitation of Seller’s liability

In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

14.2 Exclusion of liability for indirect loss

The Seller shall be under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit and/or loss of anticipated profit) suffered by the Buyer arising out of a breach by the Seller of this contract.

14.3 Exclusion of liability for delay in delivery

14.3.1 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the goods (or any of them) promptly or at all.

14.3.2 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the Delivery Date.

14.4 Return of goods

14.4.1 No goods delivered to the Buyer which are in accordance with the contract will be accepted for return without prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller. The Seller disclaims liability for any goods whilst in transit to the Seller.

14.4.2 If the Seller agrees to accept any such Goods which were supplied correctly and in good order, the Seller will produce an invoice for 15% of the original Goods invoice price as a handling charge. Such Goods must be returned by the Buyer in the agreed condition and time frame and accompanied by the Sellers invoice with which the Goods were charged upon.

14.4.3 Goods returned without prior written approval of the Seller may at the Sellers absolute discretion be returned to the Buyer or stored at the Buyers cost without prejudice to any rights or remedies the Seller may have.

15 Intellectual Property

The specifications and designs of the Goods (including copyright design or other intellectual property) in them shall as between the parties be the property of the Seller. Where any designs or specifications have been provided by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of these designs or specifications for the manufacture processing assembly or supply of those Goods shall not infringe the rights of any third party.

16 Servicing Work

Any servicing work carried out by the Seller shall be carried out to the standard of a competent firm in the field at the then standard hourly rate of the Seller at the time of providing such services together with the cost of any parts provided by the Seller and value added tax. Any dispute as to price shall be decided by an independent agricultural engineer whose identity in default of agreement shall be decided by the President for the time being of the British Agricultural and Garden Machinery association acting as expert whose decision shall be final and binding the costs of whose appointment and acting shall be divided equally between the Buyer and Seller.

17 Nothing in this contract or these conditions will operate to amend detract or adversely affect the Buyers statutory rights.

18 For the avoidance of doubt nothing in this contract is intended to confer on any third party any benefit or right to enforce any terms of the agreement.

19 Complaints

Any complaint in regards to the Goods supplied, works done or services rendered are to be notified to the Seller in writing within 7 working days of receipt of invoice.

20 Data Privacy

The Buyer agrees to the processing of their personal data by the Seller and any respective service provider, for the purpose of marketing products and services of any kind offered by the Seller from time to time. The Buyer understands that this may include the transfer of, and processing of, their data for such purpose by the Seller and any other of its Group companies.

Corporate Hire Agreement

1. Disclaimers and Exclusions: Since the Equipment has been selected by Hirer it is expressly agreed and acknowledged that no term, condition, warranty or representation of any kind whatsoever (express or implied) is or has been given by or on behalf of Dealer in respect of the Equipment. All terms, conditions, warranties and representations (express or implied and whether statutory, collateral hereto or otherwise) relating to the Equipment, its specification, age, quality (satisfactory or otherwise), description or as to its fitness for any purpose are hereby expressly excluded.

Hirer acknowledges that no person not actually in the employ of the Dealer is or is deemed to be the agent or entitled to act on behalf of or make any representation or warranty binding on Dealer.

Dealer shall not be liable (in contract, tort, delict or otherwise) for any claim, damage, liability, loss (including consequential loss) or expense of any kind arising directly or indirectly in connection with the Equipment or from any delay in delivery of, or failure to deliver, the Equipment, any defect or deficiency in, or inadequacy or unsuitability of, the Equipment or its installation, use, performance, servicing or repair or from any action or omission (negligent or otherwise) of Dealer, its servants or agents provided that nothing contained herein shall exclude any liability of Dealer for:

1.1    death or personal injury caused by Dealer’s negligence to the extent that such exclusion is prohibited by statute;

1.2    a breach by Dealer of any express obligation of Dealer under this Corporate Hire Agreement.

Furthermore, Dealer shall have no obligation to supply to Hirer any replacement for the Equipment (or any part thereof) that is, either on delivery or thereafter, defective, lost, damaged, unusable or unavailable for any reason and Hirer shall not be entitled to any remission of, nor be released from any obligation to pay, hire charges or any other payments hereunder by reason thereof.

2. Interests of Dealer:

2.1             Hirer shall not do or permit to be done anything which would prejudice or jeopardise the rights of Dealer in respect of the Equipment.

2.2             The Hirer shall not:

2.2.1 hold itself out as owner of the Equipment nor pledge the credit of the Dealer for the repair of the Equipment or otherwise; or

2.2.2 sell, charge, pledge or mortgage, or permit or cause any lien, hypothec, encumbrance or other security interest to arise over, or otherwise dispose of, the Equipment, or any interest therein or in the insurances thereon, or purport to do any of them; or

2.2.3 part with possession of the Equipment (save for complying with its obligations as to repairs and maintenance) or sub-hire (other than with the prior written consent of Dealer).

2.3             Hirer shall keep the Equipment free of all claims by other persons (including by way of confiscation, seizure, distress, execution, diligence, poinding or other legal process) and in the event of any such claims, shall procure the immediate release of the Equipment therefrom and shall keep  Dealer immediately informed of the happening of any event which might affect the rights of the Dealer  or involve them in any proceedings, loss or liability.

3. Addition of Accessories: Hirer will not, without the written consent of Dealer, install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment. All accessories or devices fixed to the Equipment shall automatically become the property of the Dealer unless such part or device can be removed without in any way affecting the originally intended function or use of the Equipment.  Any damage to the Equipment caused by the removal of such accessories or devices shall be repaired at the Hirer’s expense. 

4. Hire Charges:

4.1  Hirer shall throughout the term or extended term (as the case may be) pay to Dealer without demand the hire charges in the amounts and at the times payable hereunder.  No hire charges payable in advance shall be returnable in the event of the termination of the hiring of the Equipment for whatever reason, save in the events described in Clause 10 below.

4.2  If any payment due from Hirer hereunder is not paid on the due date Hirer shall, without prejudice to Dealer’s other rights and remedies, pay on demand interest thereon at the rate of 4% above Barclays Bank PLC rate for lending from time to time (as well after as before judgment) from and including such due date to the date of actual payment.  Such interest shall accrue on a daily basis and be compounded monthly.

4.3  All payments of hire charges and any other payments due to  Dealer under this Hire Agreement shall be made without prior demand in sterling in immediately available funds for value on the due date for payment, and without any set-off or counterclaim and free and clear of all deductions or withholdings whatsoever.

4.4  All payments due to  Dealer under this Hire Agreement are calculated without regard to Value Added Tax.  Hirer shall pay to Dealer all hire charges and other sums due under this Hire Agreement together with Value Added Tax thereon (if any) at the applicable rate.

4.5  Subject to the express periods of grace in Clause 8.1, punctual payment of amounts and hire charges payable by Hirer and timely performance by Hirer of each of its obligations hereunder shall be of the essence and conditions of this Corporate Hire Agreement.

5. Compliance with Regulations: Hirer shall comply and conform to all laws and regulations relating to possession, use and maintenance of the Equipment. 

6. Inspection: Hirer shall, whenever requested, advise Dealer  of the exact location of the Equipment.  Dealer and its representatives, or any appointed representatives, may, for the purpose of inspection, at all reasonable times, enter upon any job, building or place where the Equipment is located.  Dealer  may remove the Equipment without notice to Hirer if, in the opinion of Dealer, it is being used beyond its capacity or in any other manner improperly cared for or abused.
7. Assignment: Hirer agrees that Dealer may assign this Corporate Hire Agreement  only including all right, title and interest of Dealer in and to the Equipment, and all hire charges due or to become due to Dealer hereunder (to which assignment Hirer hereby waives notice) and Hirer agrees to recognise such assignment. Hirer shall not assign this Corporate Hire Agreement, sub-let the Equipment, or allow its use by any persons save for its employees.
8. Termination:

8.1  The following event(s) shall constitute Termination Event(s) for the purposes of this Clause 8 namely:

8.1.1   Hirer shall fail to pay any hire charges or other sum due under this Corporate Hire Agreement in full within ten (10) days of its due date;

8.1.2   Hirer shall commit any breach of any other term or condition of this Corporate Hire Agreement and Hirer shall fail to remedy such breach within twenty (20) days after receipt of notice thereof;

8.1.3   Hirer shall make a proposal for a composition in satisfaction of  Hirer’s debts or a scheme of arrangement of its affairs or shall have a voluntary arrangement proposed under Section 1 of the Insolvency Act 1986 in respect of it;

8.1.4   Hirer takes any steps, or has steps taken against it, for its winding up or dissolution (otherwise than for the purposes of a reconstruction or amalgamation while solvent on terms previously approved by  Dealer in writing) or for the making of an administration order against it;

8.1.5   Hirer has a receiver, manager, administrative receiver, administrator or similar officer appointed over the whole or any part of its undertaking or assets;

8.1.6   Hirer shall be unable or shall admit in writing its inability to pay its debts as they fall due;

8.1.7   any distress, execution, sequestration or other legal process is levied or enforced upon any of the assets of  Hirer or upon the Equipment.

8.2  Hirer hereby acknowledges and agrees that the occurrence of any Termination Event specified in Clauses 8.1 shall go to the root of this Corporate Hire Agreement and accordingly shall be a breach of a condition which Dealer shall be entitled to treat as a repudiation by Hirer of this Corporate Hire Agreement and Dealer shall be entitled to give notice to Hirer to terminate the hiring of the Equipment and Dealer’s consent to Hirer’s possession of the Equipment.

8.3 If the hiring of the Equipment terminates pursuant to Clause 8.2  Hirer shall, on demand, pay to Dealer an amount equal to the aggregate of:

8.3.1   all arrears of hire charges together with all other amounts which are due (but unpaid) pursuant to this Corporate Hire Agreement together with interest thereon in accordance with Clause 4.2;

8.3.2   as compensation for Dealer’s financial loss, by way of additional hire charges, an amount in respect of the Equipment which is equal to all hire charges which would be due and payable from the date of such termination to and including the last day of the term (as extended if applicable) by effluxion of time, each discounted from its due date to the date of actual payment at the rate of 5% per annum; and

8.3.3   any costs and expenses incurred by Dealer in locating, repossessing, recovering or restoring and keeping safe the Equipment. 

9. Return of the Equipment:

9.1    On the termination or expiration of the hiring of the Equipment hereunder howsoever occurring Hirer shall, at the risk and expense of Hirer, return the Equipment to Dealer, together with all books, manuals, service records, registration and other documents relating to it, at such address in the United Kingdom as Dealer may reasonably require, free and clear of all liens and in good working condition (reasonable wear and tear only excepted).

9.2    Upon the termination or expiration of the hiring of the Equipment Hirer shall no longer be in possession of the Equipment with the consent of Dealer and Dealer and its agents shall be entitled to recover possession of the Equipment (if not returned forthwith to Dealer pursuant to Clause 9.1) and for this purpose Dealer  and their respective representatives shall be entitled to enter upon any premises upon which the Equipment is or is believed to be located and  Hirer shall indemnify Dealer against any claim made in respect of any damage caused to such premises by any such entry or by the removal of the Equipment.

10. Construction: This is an agreement for corporate hire only and nothing herein shall be construed as conveying to Hirer any right, title or interest in any item of the Equipment hired, except as a hirer.
11. Guaranteed Rental – return of Equipment: Provided the minimum hire charges shown on the front side have been paid, Hirer may return the Equipment and terminate this Corporate Hire Agreement on three days notice to Dealer.

12. Tyre Wear: This Corporate Hire Agreement will be subject, at the discretion of the Dealer, to any Tyre Wear Agreement attached hereto.
13. General:

13.1 Time is of the essence of this Corporate Hire Agreement.  The failure of Dealer at any time to require strict performance by Hirer of any of the provisions of this Corporate Hire Agreement shall not waive or diminish Dealer’s  right thereafter to demand strict compliance therewith or any provision.  Waiver of any default shall not waive any other default.

13.2 Any alteration or modification of this Corporate Hire Agreement shall be in writing and approved in writing by Dealer and signed by the parties hereto.  Hirer acknowledges receipt of a signed copy hereof.

13.3 This Corporate Hire Agreement shall be construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.