CUSTOMER TERMS & CONDITIONS

Please view our terms and conditions for Skyjack customers that pertains to your specific country and/or language.


Skyjack UK Limited

CONDITIONS OF SALE

1 Interpretation

1.1 In these Conditions:

1.1.1 Any reference in these Conditions to any provision of the statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation. “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller “Contract” means the contract for the purchase and sale of the Goods “Writing” includes e-mail, facsimile transmission and comparable means of communication

2 Basis of the sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with either any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions. These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller

2.3 Any advice or recommendation given by the Seller is only valid if confirmed in the operator’s manual for the relevant Goods.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.5 These conditions shall apply to all contracts for the sale of all products or other Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

2.6 All orders for Products or other Goods shall be deemed to be an offer by the Buyer to purchase pursuant to these conditions.

2.7 Acceptance of delivery of the Products or other Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.

2.8 Where the Seller provides the Buyer with a trade-in package discount (“Discount“) of the Price the Discount will be reduced where the Seller does not receive all equipment traded within 30 days of the date of the Seller’s invoice. Time shall be the essence of this clause. The Discount reduction will be applied as follows:

2.8.1 from the 31st to the 60th days after invoice-25% reduction of Discount.

2.8.2 from the 61st to the 90th days after invoice-50% reduction of Discount

2.8.3 from the 91st to the 120th days after invoice-75% reduction of Discount

2.8.4 after the 120th days after invoice-100% reduction of Discount

2.9 all payment terms are subject to the Seller’s approval of the Buyer’s credit worthiness. Where the Seller is to extend credit such credit is at the Seller’s absolute discretion. In the event that the Seller’s withholds credit then payment shall be due in full prior to delivery of the Goods.

3 Orders and Specifications

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative.

3.2 The Buyer shall be responsible to the Seller for ensuring that the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms

3.3 The quantity, quality and description of any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller)

3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all associated loss, damages, costs and expenses

3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with their performance or any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance

3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4 Price of the Goods

4.1 The price of the Goods shall be the Price.

4.2 In the absence of a written quotation the price for the Goods shall be the Seller’s list price less any discounts or credits agreed. All prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.

4.3 The Seller may increase the price of the Goods upon notice to the Buyer to reflect any additional increases in the Seller’s cost of producing the Goods.

4.4 The price is exclusive of any applicable value added tax, excise, customs, import or other tax or other governmental imposition whatsoever (including the costs of any testing) which the Buyer shall be additionally liable to pay to the Seller.

4.5 Provided that items requiring return to the Seller (e.g. transport tyres and chains) are delivered to the Seller within 60 days of delivery no charge shall be made for those items. In event of default the cost of replacement of such items shall be charged to the Buyer.

5 Terms of Payment

5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.

5.2 The Buyer shall pay the price of the Goods on the Payment Date. The time of payment of the price shall be of the essence of the Contract.

5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.3.1 cancel the contract or suspend any further deliveries to the Buyer;

5.3.2 allocate or apportion any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer);

5.3.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum or such other rate as may prevail from time to time, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 until payment in full is made; and

5.3.4 repossess any goods which have not been paid for in full.

6. Delivery

6.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the Buyer’s place of business or such other place as shall be agreed with the Buyer.

6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

6.4 In the event that delivery is delayed by the Buyer, the Seller may immediately invoice for the Goods and the Buyer shall in addition pay the cost of the failed delivery.

7. Risk and Retention of Title

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions. the title in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

7.3 Until such time as the title in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s.

7.4 Until such time as the title in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

8. Warranties and liability

8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship.

8.2 The Seller provides limited customer warranties (as amended from time to time,) for the Goods which are available for inspection at https://www.skyjack.com/en-eu/warranty-service.

Skyjack new products- http://skyjack.com/sites/default/files/specifications/01-Skyjack-Warranty-Policy-New-Machines.pdf

Skyjack reconditioned products- http://skyjack.com/sites/default/files/specifications/02-Skyjack-Warranty-Policy-Reconditioned.pdf

Skyjack refreshed products - http://skyjack.com/sites/default/files/specifications/03-Skyjack-Warranty-Policy-Refreshed.pdf

Skyjack Used products Skyjack Used products  – http://skyjack.com/sites/default/files/specifications/04-Skyjack-Warranty-Disclaimer-Used-Equipment.pdf

Skyjack Parts – http://skyjack.com/sites/default/files/specifications/05-Skyjack-Warranty-Policy-Parts.pdf

Non-Skyjack products ‐  http://skyjack.com/sites/default/files/specifications/06- Skyjack-Warranty-Policy-Non-Skyjack-Reconditioned.pdf

Non-Skyjack products ‐  http://skyjack.com/sites/default/files/specifications/07-Skyjack-Warranty-Disclaimer-Non-Skyjack-Used-Products.pdf

8.3 The above warranties are given by the Seller subject to the following conditions:

8.3.1 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;

8.3.2 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

8.3.3 the above warranties do not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the relevant manufacturer to the Seller.

8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

8.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

8.6.1 Act of God, explosion, flood, tempest, fire or accident;

8.6.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

8.6.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

8.6.4 import or export regulations or embargoes;

8.6.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

8.6.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery.

8.6.7 power failure or breakdown in machinery.

8.7 The Buyer warrants that the Goods and the use of them will:

8.7.1 comply with all laws governmental regulation or orders affecting the operation, use, removal or return of the Goods in the jurisdiction where the Goods are used or sold to by the Buyer.

8.7.2 will be used in accordance with the applicable operators instruction manual And the Buyer will indemnify the Seller in respect of any losses which the Seller may suffer as a result of any breach of this warranty.

9 Indemnity

The Buyer shall indemnify and hold the Seller harmless against:

9.1 all claims, demands, suits, actions or other proceedings including but not limited to the injury or death to any person loss or damage to any property arising out of or in any way connection with or caused by the installation, operation, use, repair, removal or return of the Equipment or any part thereof whether such loss or injury shall be to persons employed by the Buyer or to third parties (including but not limited to any penalties for fines, costs, charges or expenses assessed by any governmental authority for violations of any statutes, laws, rules or regulations including any and all environmental laws); and

9.2 in the event of the Seller needing to take proceedings to recover monies or possession of Goods to enforce its rights under this Agreement, the Buyer shall be liable to the Seller for all costs and expenses including the Sellers solicitors fees on an indemnity basis.

10 Insolvency of Buyer

10.1 This clause applies if:

10.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or

10.1.3 the Buyer ceases, or threatens to cease, to carry on business; or

10.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

10.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

11 Export terms

In addition to the existing terms and conditions the following terms shall apply where the Goods are to be exported from the United Kingdom.

11.1 In these Conditions “Incoterms” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in the Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

11.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.

11.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

11.4 Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered F.O.B. the air or sea port of shipment and the Seller shall be under no obligation to give notice under Section 32(3) of the Sale of Goods Act 1979.

11.5 The Seller shall have no liability for any claim in respect of any damage during transit where such transit has been arranged by the Buyer.

11.6 The Buyer undertakes not to offer the Goods for resale in or any other country other than one to which it has been delivered without the consent of the Seller in writing such consent not to be unreasonably withheld or delayed.

12 Limitation of liability

12.1 Background to the limits and exclusions on the Seller’s liability The Seller has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £[level of insurance cover] per claim. [The Seller has been unable to obtain insurance in respect of certain types of loss at a commercially viable price.] The limits and exclusions in this clause reflect the insurance cover the Seller has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

12.2 Liability under indemnities. Nothing in the agreement shall limit any liability under clause 9 of these terms.

12.3 Liabilities which cannot legally be limited. Nothing in the agreement limits any liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.4 Cap on the Seller's liability. Subject to clause

12.2 and clause

12.3 the Seller’s total liability to the Buyer shall not exceed the following:

12.4.1In respect of the Goods sold the value of the warranties provided

12.4.2 In respect of any other breach of contract any claim shall be limited to the value of the Goods purchased

12.4.3 In respect of any other claim including product liability claims the amount of the insurance cover reasonably carried by the Seller in respect of such liability from time to time. Pursuant to clause

12.1 the Seller’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the agreement

12.5 The following losses are specifically excluded:

Loss of profits.

Loss of sales or business.

Loss of agreements or contracts.

Loss of anticipated savings.

Loss of use or corruption of software, data or information.

Loss of or damage to goodwill.

Indirect or consequential loss.

12.6 Exclusion of statutory implied terms. The Seller has given commitments as to compliance of the Goods and Services with relevant specifications in clause 8. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, [4] and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.

12.7 No liability for claims not notified within 6 months. Unless the Buyer notifies the other party that it intends to make a claim in respect of an event within the notice period, the other party shall have no liability for that event. The notice period for an event shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in Writing and must identify the event and the grounds for the claim in reasonable detail. This clause shall not affect the Buyer’s ability to claim pursuant to a manufacturer’s warranty in clause 8.

13. Insurance

The Buyer represents that it has or shall procure and maintain insurance, in adequate amounts and coverage reasonable in the circumstances and foreseeably acceptable to Seller as to any one occurrence, at Buyer's sole expense, with reputable and financially responsible insurance companies, insuring against any and all public liability and any indemnifications provided to Seller, including injuries or death to persons and damage to property, arising out of or related to the Goods or Buyer's performance hereunder. All such insurance coverage shall name Seller as loss payee and additional insured.

14. Installation

If Buyer purchases any Goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the Goods. If Buyer is required to install or erect any Goods, Buyer shall install the Goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all claims, losses, liabilities, damages and expenses (including but not limited to attorneys' fees and other costs of defence) arising from or otherwise connected with Buyer's or its agent’s failure to properly install the Goods.

15. Intellectual Property Rights

Any designs, patents or trademarks or other intellectual property in the goods supplied by the Seller shall be and remain the sole and exclusive property of the Seller and may be used only as expressly authorised by Seller. Any sketches, models or samples submitted by Seller shall remain the property of Seller, and shall be treated as confidential information unless Seller has in writing indicated a contrary intent. No use or disclosure of such sketches, models or samples, or any design or production techniques revealed thereby, shall be made without the express, prior written consent of Seller. Buyer shall not use the Seller’s confidential information, or permit it to be accessed or used, for any purpose or otherwise in any manner to the Seller’s detriment, including without limitation, to reverse engineer, disassemble, decompile or design around the Seller’s confidential information, proprietary services, techniques, designs, products and/or confidential intellectual property

16. Assignment or transfer

16.1 No assignment or transfer or purported assignment or transfer of this contract on the part of the Buyer shall be permitted without the prior written consent of the Seller.

16.2 The Seller may assign this contract or any interest in it including without limitation the grant of a security interest in the Goods.

17. General

17.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

17.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

17.3 The Buyer has no right to set off against the Price any amounts which the Buyer contends that the Seller may owe to the Buyer irrespective of any alleged warranty claim.

17.4 Nothing in these terms shall constitute nor imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties. Neither party shall have, nor represent that it has, any authority to make any commitments on the other Party's behalf.

17.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

17.6 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of International Powered Access Federation, in accordance with the provisions of the Arbitration Act 1996

17.7 Force majeure. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

17.8 For the avoidance of doubt nothing in this agreement shall confer on a third party any benefit or right to enforce any term of this agreement.

17.9 Further assurance. Each Party to this Contract shall at the request and expense of the other or any of them execute and do any deeds and other things reasonably necessary to carry out the provisions of this Agreement or to make it easier to enforce.

17.10 Entire Agreement. This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties with respect thereto. There are no representations, warranties, terms, conditions, undertakings, or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this Contract.

17.11 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.

18. Guarantor provisions

18.1 In consideration of the agreement by the Seller to enter into this Agreement at the request of the Guarantor, as director of the Buyer, the Guarantor undertakes to procure the strict observance and performance by the Buyer of each and all of his obligations contained or referred to in his Agreement including without limitation the terms for payment and the provisions of clause 7 of this Agreement.

18.2 In the event of default by the Buyer the Guarantor shall guarantee as primary obligator to the Seller payment of all money, obligations and liabilities contracted under this Agreement


Search Bulletins

BULLETINS
Please enter your Skyjack serial number to check for Service Bulletins for your machine:
Please enter the bulletin

Results

Service bulletins for serial number
12345678