Livingston Garden Machinery

your local garden machinery company - Serving Edinburgh, West & Mid Lothian Areas

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General Terms



1.   Definitions

Buyer                the person who buys or agrees to buy the goods from the Seller.

Conditions        the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods               the articles or services which the Buyer agrees to buy from the Seller.

Machine-asset  the item physically booked in by the Buyer as security

Deposit             the amount of money paid by the Buyer as down payment retained by the Seller as security

Price                 the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

Seller/Dealer    Livingston Garden Machinery, Unit G2 Beechwood Nurseries, Uphall, Broxburn, West Lothian, EH52 6PA


2.   Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.


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


2.3 Acceptance of delivery or collection of the Goods by the Buyer or acceptance of an incoming machine-asset by the Seller shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions


2.4 The title for the machine-asset will pass to the Seller until the sale of Goods and associated costs for this machine-asset has been paid for. The Machine-asset does not count towards the payment of the Goods ordered or further costs incurred by the seller.


2.4 These Conditions may not be varied except by the written agreement of the Seller.


2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.


3.   Price

3.1 The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.


3.2 Deposits are taken



4.   Payment and Interest

4.1 Payment of the Price and VAT shall be due on the date of the Seller’s invoice unless otherwise stated on the invoice. 


4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.


4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.


5.   Goods

      The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.


6.   Privacy

6.1 The Seller is committed to protecting the privacy of the buyer and the confidentiality of any information provided. The purpose of this statement is to set out how the seller may use any personal information obtained from the buyer.


6.2 The seller may use the Buyer’s information to retain accurate service records and associations with machine identification data. To inform the Buyer of product or service due, this may not be product specific but seasonal. To register Goods sold with the respective manufacturer in accordance with their policies, which the seller has no authority over. To register the Buyer with the Seller’s website. For assessment and analysis e.g. marketing, Buyer and product analysis, to enable the seller to review, develop and improve their services.


6.3 The buyer of John Deere Goods agrees to the following statement issued by John Deere:

“I agree to the processing of my personal data by the Dealer, by John Deere and their respective service providers for the purpose of marketing products and services of any kind offered by John Deere from time to time. I understand that this may include the transfer to and processing of my data for such purpose by John Deere companies located outside the EEA.”


7.   Warranties

      The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].


7.   Delivery and Collection of the Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address or if it is an alternative address it must be agreed by both the buyer & seller. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.


7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.


7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.


7.4 If the Buyer fails to take delivery of or collect the Goods on the agreed date or, if no specific date has been agreed, when the Goods are ready for despatch or collection, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. Beyond 30 days storage the Machine-asset and/or Goods will be disposed of or resold without prior notice. Where the machine-asset is deemed to be beyond economical repair this storage time is limited to 7 days.



8.   Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods at the point of collection or 24 hours after delivery to the Buyer.


8.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.


8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.


9.   Title and risk

9.1  Risk shall pass from the Seller to the Buyer on delivery of the Goods to the Buyer’s address or at the point of collection from the Seller’s address.


9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.


9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.


9.4 The Seller may at any time before title passes and without any liability to the Buyer:


9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.


9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.