Terms & Conditions

Legal & Privacy statement

Legal Entity

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
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.
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 Disclaimer
Access to and use of this site as provided by P. Tuckwell Ltd is subject to the following terms:
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.
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.
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.
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.
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

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.
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.

Terms and Conditions of Sale

All contracts for sale or for the supply of work and materials by P Tuckwell Ltd (the Company) are subject to the following conditions which are to prevail over any other conditions and the ordering of any goods from the Company or contracting for any work and materials to be supplied by the Company will constitute acceptance of these conditions.
No employee of the Company has authority to make any verbal variation of these conditions. Any written variable may only be authorised by a Director of the Company.
The property in the goods sold shall remain vested in the Company until payment in full is received by the Company in respect of the goods sold and any other monies due to the Company from the Customer shall hold such goods as bailee.
The Customer will keep the Company’s goods separately identifiable and risk in goods will pass to the Customer on delivery. The Customer will insure all such goods.
The Customer may resell the Company’s goods in the normal course of business but shall have a fiduciary duty to account to the Company for the proceeds of the sale and shall keep the proceeds of the sale in a separate bank account to the credit of the Company.
The descriptions and illustrations contained in catalogues and price lists issued by the Company present a general idea of the equipment described therein, and none of these shall form part of the contract.
Payment terms unless otherwise agreed by the Company shall be as follows: – machinery and grounds care equipment is due within 7 days on receipt of invoice unless stated otherwise. Payment for spares, repairs and sundries are net monthly and due by 20^th day of the month following invoice date. On any account not paid within the trading terms the Company reserves the right to charge interest on any unpaid balance at the rate of 3% per month from the due date until payment is received in FULL or until the Company exercises its right hereunder to repossess the goods. Credit terms may be withdrawn at any time without notice.
On any account not paid within the terms of trading the Company reserves the right to add to the account any costs incurred by instructing an agent or solicitor to act on the Company’s behalf in the recovery of the account.
Any complaints in regard to the goods supplied, work done, or services rendered is to be notified to the Company in writing within 7 days on receipt of invoice.
Property in goods shall pass to the Customer on delivery or when payment has been received in FULL, whichever is the latter. Goods supplied by the Company shall be at the Customers risk immediately on delivery to the Customer or into custody on behalf of the Customer and the Customer should therefore be insure accordingly.
Property in goods supplied will pass to the Customer when the goods , which are the subject of the contract, have been paid in FULL When payment has become and has not been received in FULL, the Company shall have the right at their absolute discretion to treat the contract as discharged to repossess the goods supplied. In the event of the Customer becoming insolvent, or a liquidator or receiver being appointed to administer the Customers affairs prior to payment in FULL, the Company shall have the right to treat the contract as discharged and repossess the goods.
All prices may be increased or reduced to reflect increased or reduced costs which become effective by the time of delivery. All prices are subject to alteration without notice.
Customers are advised to read manufacturers’ instructions supplied with all machinery and to follow those instructions closely. Adequate provision shall be made by the Company for the installation of the equipment and appropriate initial instruction and it is the Customers duty to insure that all his employees are fully acquainted with the instructions for safe use.
The Company disclaims liability for goods returned after the Customer has accepted without written consent of the Company. Any goods approved for return must be advised in writing quoting the Company’s invoice number. The Company disclaims liability for any goods whilst in transit to the Company. A 15% handling charge will be made on all items returned for credit where these goods have been supplied correctly and in good order by the Company and must be accompanied with the invoice or document number on which items were charged. Non defective goods will not be accepted for credit where supplied in accordance with the Customers order or instructions and the Company’s Supplier’s will not accept return.
The Company will not in any way be responsible for loss, damage or delays arising from industrial action, transport delays, accidents, unfavourable weather, government action, interruption of public service, act of God or any contingency whatsoever beyond the control of the Company.
Where goods supplied are not manufactured by the Company, the Company’s liability is limited to passing to the Customers the benefit of any manufacturer’s warranty.
The contract between the Company and the Customer shall be deemed to have been made in England and shall be governed in all respects by English law. Both parties shall submit to the jurisdiction of the English courts.
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.

Corporate Hire Agreement

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.

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.

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.

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.

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

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.
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.
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.

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.

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.
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.

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