LISTER WILDER LTD
STANDARD TERMS OF BUSINESS

  1. Basis of the Sale

    1. If any machine or tractor supplied by LISTER WILDER LIMITED or any part thereof (“the Company”) is found in the opinion of the Company and the manufacturer to be of defective workmanship or material so as to entitle the Company to have it replaced or repaired by the manufacturer the Company undertakes to do so; provided however that the costs or expenses incurred by the Company in such replacement or repair which are not recoverable from the manufacturer by the Company shall be paid to the Company by the customer (in advance if so requested by the Company) and provided also that if owing to the failure of the customer to comply with any term or terms imposed by the manufacturer is not bound to replace or repair the Company shall be under no liability to the customer.
    2. Save as above it is not a condition of any sale nor does the Company warrant that any machine or tractor new or second-hand or any part thereof supplied by it is fit for any particular purpose or is of merchantable quality or of any particular quality and the sale is not subject to any implied condition or warranty whether imposed by any statue or otherwise and the Company shall not be liable to the customer in damages suffered by reason of any defect in any machine or tractor or any part thereof supplied notwithstanding that such defect is due to negligence or breach of statutory duty by the Company or by the manufacturer of such machine or tractor or any part thereof.
    3. The company does not give any warranty in respect of services rendered by it except as expressed in Clause 1 above and subject only to Clause 1 above every form of liability for loss or damage direct or consequential or for any accident resulting from defective material faulty workmanship, delay or otherwise is expressly excluded notwithstanding that such loss or damage may be due to the negligence of the Company or its servants or agents.
  2. Price of the Goods

    1. Prices quoted are subject to alteration without notice and the price ruling at the time of delivery will be charged.
    2. No claim for damage to or shortage of goods supplied by the Company can be entered unless the customer checks the goods at the time of delivery and the Company is advised in writing within 3 days of the customer’s receipt of the goods.
  3. Orders & Specification

    1. The Company shall not be liable for any non-delivery or delay in delivery (whatever the cause) nor for any loss, damage or expense caused thereby.
    2. 3.1The Company does not accept return of goods sent correctly to order unless it’s written permission has been obtained. (Subject to a 15% handling charge invoice with goods 7 days).
    3. The placing of an order with and its acceptance by the Company shall be deemed an acceptance of these terms to the exclusion of any terms or conditions inconsistent therewith whether or not such terms are specified or referred to by the customer in the customer’s order or otherwise howsoever.
  4. Terms of Payment – Parts and Service

    1. A credit charge of 10% may be applied which can only be deducted when payment is in compliance with the company’s credit terms as stated on the invoice.
    2. No receipt is valid unless it is on the Company’s official documentation
    3. Parts, service repairs and haulage shall be paid for in full by the 28th of the month following the date of statement, unless otherwise specified on the invoice.
    4. All repairs carried out under insurance will require an authorisation number from the insurer and will be required to be settled within our standard terms of business. For any payments not received within our terms it will be the responsibility of you the customer to make such payments until reimbursement is made to you the customer directly or directly to Lister Wilder Ltd. Lister Wilder will reimburse the customer by return if the latter.
  5. Terms of Payment – Wholegoods

    1. Payment of wholegoods machinery and hire will require cleared funds prior to delivery, unless otherwise specified on invoice.
    2. Any payment of wholegoods will incur a 2% credit charge if such wholegoods are to be paid by a credit card (American Express not accepted). No charge will be incurred if payment is made by debit card.
    3. Wholegoods purchased with the support of finance will require to be fully underwritten and documentation signed prior to delivery.
    4. If a machine is part exchanged against a wholegoods purchase and is connected to an outstanding financial register it is the responsibility of the seller to fully settle any prior contract relating to this item of machinery. The buyer “Lister Wilder Ltd” will not be held responsible for any outstanding commitments and therefore regards the seller to be held fully responsible for any outstanding funds or un-cleared financial commitments.
    5. The buyer, when settling an account, by any form of electronic payment will be fully responsible to ensure the funds are received in to our account correctly.
    6. The ownership of all wholegoods machines or goods supplied or delivered by the Company, will only be transferred to the purchaser or customer when cleared funds have been received directly or via a finance company in full.
    7. Lister Wilder Ltd cannot be held responsible for any wholegoods delivered to the premises which are subsequently stolen and are not covered by the buyer’s insurance due to the insurance companies not being notified by the buyer.
    8. On any such wholegoods transaction supported by part exchange you the customer will remain responsible for any maintenance/mechanical failure as the machine is to be returned in the condition as seen on valuation.
  6. Warranties & Liability

    1. All used wholegoods are sold with no warranty unless written confirmation states otherwise.

      In these terms and conditions ‘we’ and ‘us’ refers to Lister Wilder Ltd and ‘you’ and ‘yours’ applies to the end user.
      We warrant the used machine supplied by us against component failure for 200 hours or 60 days from date of delivery, whichever the sooner.
      We agree to cover 50% of the retail repair cost of any failure listed in this warranty schedule.
      Cost of travel is also covered if machines are within a 50 mile radious of any of our branches. Beyond this distance, travel and associated costs will be charged at our standard rate.

      Warranted Components:

      The following parts and components of the engine and power train, as listed below, are covered during the warranty period:-

      Engine - Internal components including blocks, liners, cylinder head gasket, valves, pistons and piston rings, gudgeon pins, connecting rods, small and big end bearings, crankshaft, main bearings and thrust bearings, timing gears, camshaft, push rods, tappets, pumps including injection, fuel, hydraulic, oil pressure internal seals. Damage caused to other parts due to failure of the above.

      Transmission - Converter assembly, pump assembly, drive plate, drive hub, input shaft, distributor, modulation valve, reverse clutch, forward clutch, shafts, gears, bearings, thrust washers, seals, dump valve assembly.

      Gearbox, Shuttle Box, 4WD and Final Drive Assemblies - Internal components including: gears, shafts, bearings, valves, selectors, speed shift unit components, drive plates and internal seals.

      Power Take-Off - PTO clutch brake, bearings and gears.

      Drive Axles - Internal components including: crown wheel and pinion, differential and differential lock mechanism, drive shafts, reduction gears, half shaft, bearings, internal seals, centre housing, hub assembly, pinions.

      Hydraulics - Pumps, motors and relief valves.

      Electric/Electronics - Solenoids, transmission management units, air conditioning, air compressors, radio/CD player, batteries, working lights, road lights, machine management computers, alternators, starter motors, fuses and wiring.

      Warranty Exclusions:

      Components outside the engine and drive train are not covered under this warranty; they include but are not limited to the following:

      Cooling System - Pumps, drive belts, hoses and tubes.

      Drive Clutch and Steering Clutches - Pressure plates, friction plates.

      Gearbox, Shuttle Box, 4WD, Final Drives - Failure due to contaminants.

      Brakes - Brake drums, discs, shoes/pads.

      Hydraulics - Failure due to contamination, hoses, pipes.

      Fuel System Components - Any component failure caused by contaminated fuel will invalidate warranty cover.

      Belts and Filters - All belts and filters.

      Chassis/Loader Frames - Any wearing parts or ground engaging parts, buckets, blades and linkages.

      Wheels and Tyres - Tyres/rims/centres.

      Handlers - Pins, bushes and wear pads.

      Air conditioning system and gas

      Service Standards:

      The unit must be serviced in accordance with the manufacturer’s recommended service schedule. Failure to adhere to manufacturer’s recommended service schedule will invalidate the policy. The only acceptable proof of servicing is the detailed invoice which shows the date of the parts used for the service or the up to date service records.

      This warranty may be invalidated in the following circumstances:

      a) If you have used the machinery to perform tasks beyond the design and strength limitations of the product.

      b) If you have carried out any modifications to the machinery, which have not been approved by the manufacturer.

      c) Abnormal conditions of use.

      General Conditions

      You are not entitled under this warranty to recover accidental or consequential damages, including rental or replacement, loss of profit or other commercial loss.

      This policy is effective within mainland UK and covers the traveling of our engineers within a 50 mile radius of any Lister Wilder branch. Beyond this distance, the travel time will be charged at our standard retail rate. Alternatively, you can make arrangements for the machine to be delivered to your nearest Lister Wilder branch but this must be done at your expense.

      This warranty is given in addition to any rights you may have against ourselves and does not affect or restrict any rights you may have under the Sale of Goods Act.

      This warranty is in accordance with our standard terms and conditions of business – a copy of which is available upon request.

      What happens if you need to register a repair under this warranty scheme?

      1 - Contact your nearest Lister Wilder branch and register the breakdown within 24 hours of the failure.

      2 - Upon registration, an appointment will be made for a Service Engineer to evaluate the repair and advise if covered under the Used Warranty Policy or chargeable at the normal rates.

      3 - If the repair is not fully covered under the scheme the Service Manager representing the branch will notify you of all the additional charges prior to the work being carried out.

  1. Risk & Property

    1. Any goods received by the Company for repairs or replacement by the Company, the manufacturer, or otherwise shall be held by the Company at the sole risk of the owner thereof and of the person sending the goods to the Company and the Company shall be under no liability for loss or damage thereto howsoever caused.
    2. The seller reserves the right to retain client’s goods in for repair until such time as repairs and outstanding accounts are paid for in full.
    3. The seller reserves the right to cancel any contract without liability should the buyer breach any of the seller’s terms and conditions.
    4. If the seller gives the buyer 14 days notice in writing the seller reserves the right to cancel at any time.
    5. Any goods, the property of the seller, must not be removed outside the UK except by written authority of the seller.
    6. Buyers providing the seller with details of credit card for payment of goods are deemed to be authorising the seller to deduct such sums from the credit card.
    7. Any machinery on hire or demonstration from the seller must at all times be fully insured by the potential buyer/buyer or hirer for road use and against theft by others.
  2. General

    1. These terms shall apply to every contract for the sale or repair of goods by the Company unless expressly varied in writing signed by a director of the Company
    2. The seller accepts no responsibility for road traffic offences committed by the potential buyer, buyer or hirer.
    3. Should the seller have agreed with the buyer to part exchange goods as the result of a contract it is the sellers responsibility to cover the goods under their insurance policy until collection from premises. This clause also applies to invoiced goods.
  3. Finance

    1. Any proposal is subject to finance house approval. APR rates & arrangement fees will be provided prior to order & completion of any regulated financial documentation. Lister Wilder terms & conditions will apply & are available here on our website. All promoted finance offers are only available through our preferred funder AGCO Finance Ltd. All finance schemes will be discussed directly through Bob Yemm our area manager and representative of AGCO Finance Ltd. AGCO Finance Ltd will only lend to a registered business for machinery used within the business. AGCO Finance Ltd can provide alternative quotations to suit your business cashflow. All quotations and offers will be subject to the business, meeting the underwriting criteria of AGCO Finance Ltd. All applicants must be 18 years or older.

    2. Lister Wilder Terms & Conditions will apply.

       



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