Terms of Online Sale
- Returning Items
- If we supply goods or services that you feel is not up to standard you can return it to us in its original condition within 7 days of the date you receive the item, we will issue a refund for the price of the goods. The customer is responsible for all return carriage charges and must return it in its original package.
Please contact us for a returns authorisation number and the reason for return; the goods will then need to be returned within 7 days of obtaining the authorisation number.
No parts under warranty will be sent to a customer until the defective parts have been returned.
- Complaints Procedure
- While we aim to avoid complaints by providing a quality service, should you have a complaint please forward it to us by e-mail to [email protected]. Any complaint should be made within seven days of the complaint first arising. We will endeavour to respond within five days, with the intention of resolving all complaints fairly and effectively.
- Orders placed on our web site are done so using a secure server which encrypts your personal and credit card data whilst in transit. This information goes straight to the Payment Service Provider (PSP) via an encrypted transmission. We do not store or have access to credit card details of customers who order from the Force Equipment Limited website. Force Equipment Limited does not sell, trade or rent your personal information to others.
Your e-mail is required so we can accept confirmation of your order.
- Delivery Policy
- We use a selection of carriers, which include Royal Mail, Parcel Force and DHL. A signature will normally be required at the time of delivery. We will not send goods to a PO Box number. The delivery charge will be shown when you check out and will include a packing charge on larger/multiple purchases; delivery may take from 2 - 14 working days from the date of order to dispatch unless a Special delivery service has been requested. A dispatch date will be e-mailed to the customer. For Express deliveries all orders should be placed by 11 am, after this time we cannot guarantee next day delivery. This assumes the item is in stock.
UK and Ireland deliveries are accepted online. For EU and international orders, please email delivery details to [email protected] and we will provide a delivery quotation.
International orders are normally shipped Air Mail and is charged according to destination & weight of the order, we would aim to dispatch goods within 3 working days from the receipt of order. For orders within the E.U please allow up to 30 days delivery, for other international orders delivery times may be 30 days or more.
- Cancellation Policy
- You may cancel your order by e-mail or post within 7 days of receiving the goods.
They must be returned within a further 7 days at your expense and in good condition with the parcel unopened & unused. We will refund the cost of your order subject to the deduction of the delivery charge and a re- stocking charge of 15% of items retail sale price.
General Terms of Sale
- 1. Preliminary
- 1.1 ("the Company" which terms includes its subsidiaries or any business or trading names of Force Equipment Limited) contracts with every other party ("the Customer") subject to and upon the following terms and conditions which shall govern the sale of all the Company's goods ("goods") and the provision of any services to be provided in connection with the goods, exclusively, notwithstanding any terms or conditions (whether oral or written) or purported variations contained on any order or correspondence submitted by the Customer to the Company except where variations are specifica!1y accepted in writing by a duly authorised officer of the Company.
- 1.2 All orders are subject to acceptance by the Company
- 1.3 No employee or agent of the Company has authority to vary, add to or depart from these general conditions of sale or to make any representations in relation to the goods sold or any services provided hereunder or the contract made herein.
- 2. Statutory Rights
- 2.1 The provisions of these General Conditions of Sale shall not prejudice the Statutory Rights (if any) which may notwithstanding these Conditions of Sale, be guaranteed to the Customer by virtue of Sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 as amended by the Sate and Supply of Goods Act 1994 save and to the extent as it may be lawful to exclude same in relation to any particular sale.
- 3. Delivery
- 3.1 The Company shall endeavor to keep to any stated dispatch delivery or completion date, but no liability is accepted for loss, damage or expense resulting from any delay in same whether such delay shall be caused by circumstances over which the Company has control or otherwise.
- 3.2 On delivery to the Customer all risks whether insurable or otherwise relating to the goods shall pass to the Customer, unless otherwise agreed in writing.
- 3.3 The Customer shall be deemed to have accepted all goods upon their delivery by the Company to the address specified in the order.
- 3.4 Each part delivery of the goods shall be deemed to be sold under a separate contract on the same terms and conditions as herein and no default by the Company in respect of any part delivery shall entitle the Customer to treat the Contract as repudiated in regard to any balance or installment remaining deliverable.
- 3.5 Each order received by the Company shall be deemed to be a separate order and shall be deemed to be sold under a separate Contract on the same terms and conditions as herein.
- 4. Prices and Specifications
- 4.1 The Company reserves the right to alter its prices as well as the specifications, types or quality of the goods at any time. The goods are sold subject to price and conditions ruling at the time of invoice and may vary between date of order and date of delivery.
- 5. Terms of Payment
- 5.1 The terms of payment for customers with agreed credit accounts, shall be in pounds sterling if invoiced in sterling or euro if invoiced in euro, payable by the Customer to the Company, within 30 days from the date of Invoice for supply of goods, together with VAT at the appropriate rate, unless otherwise expressly agreed in writing. Customers who do not have agreed credit accounts are required to pay for goods, in full, prior to dispatch.
- 5.2 The Company reserves the right at any time in its absolute discretion to revoke or vary any credit extended to the Customer including the credit period referred to above. The Customer shall be liable to interest and debt recovery fees on any monies overdue to the Company in line with current UK debt recovery legislation.
- 6. Reservation of Title
- 6.1 The acceptance by the Company of any order shall constitute an agreement to sell whether by central billing, ex warehouse or in any other manner, but shall not be a sale of the goods in question and no title to the goods shall pass to the prospective Customer by reason of delivery or acceptance thereof.
- 6.2 The Company shall remain the sole and absolute owner of all goods until such time as the agreed price of all goods shall have been paid to the Company by the Customer. Until such time the Customer shall be the bailee of the goods for the Company and shall store them separately from their own goods and from those of any third party in a manner which makes them readily identifiable as the goods of the Company. Even though title has not passed, the Company shall be entitled to sue for their price once its payment has become due.
- 6.3 Goods which are the subject of any agreement by the Company to sell shall be at the risk of the Customer as soon as they are delivered to their premises or at point of delivery or otherwise to his order.
- 6.4 The Customer's right to possession of the goods shall cease at whichever is the earliest of the following dates:
- on the expiry of the agreed credit period, if any;
- if he / she, not being a Company, commits any act of bankruptcy, makes any proposal to his / her creditors for composition or does anything which would entitle any application for bankruptcy to be commenced against him/her;
- if the Customer, being a Company, does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding up.
- 6.5 The Company may for the purpose of recovering its goods enter upon any premises where they are stored or may reasonably be thought to be stored and may re-possess the same without necessity for any prior consent or authority from the Customer.
- 6.6 The Customer shall! be at liberty to re-sell the Company's goods. If the Customer sells on his / her own account he /she shall sell as agent and bailee of the Company in law and in equity and shall hold the proceeds thereof in trust for the Company.
- 6.7 If a Receiver be appointed to the Customer and at that time the Customer shall not have received the proceeds of re-sale, the Customer or the Receiver as agent for the Customer shall assign to the Company all rights against any person to whom the goods have been re-sold.
- 6.8 Each of the sub-paragraphs of this clause shall be regarded as creating separate terms and in the event that anyone shall be void or unenforceable such voidness or unenforceability shall not affect the validity of the remaining sub-paragraphs hereof.
- 7. Limitation of Liability
- 7.1 The Company shall have no liability to the Customer for indirect or consequential loss, damage, injury or expense of any nature or description, howsoever arising.
- 7.2 Save as expressly provided herein or as provided by Law, the Company shall have no further liability whatsoever for injury, loss, damages or expenses incurred by the Customer resulting from defects in materials and or workmanship in the goods or services supplied herein.
- 7.3 Where the Customer is a natural person and if and to the extent that Section 2.1 of the Unfair Contract Terms Act 1977 applies to the order, nothing in these conditions shall operate so as to exclude or restrict the liability of the Company for death or personal injury caused to the Customer by reason of the negligence of the Company or of its servants, employees or agents.
- 8. Force Majeure
- 8.1 The Company shall not be under any liability for any failure to perform any if its obligations under the order due to Force Majeure.
- 8.2 For the purpose of this condition, "Force Majeure" means fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
- 9. Indemnity
- 9.1 The Customer shall at all times keep the Company indemnified against any claims for loss, damage, expense, injury or death to third parties arising out of or connected with the subject matter of this contract contained with the Customer or resulting from the supply of goods or services to the Customer.
- 10. Off-set
- 10.1 The Company shall be entitled to "set-off" or "off-set" any sums due to them by the Customer against any sums due by the Company to the Customer by way of credit notes or other credit allowances.
- 11. Customer's Contract
- 11.1 A Customer shall not be entitled to change the title to his or her account with the Company unless otherwise approved of in writing by the Company.
- 12. Unfair Contract Terms Act 1977
- 12.1 If and to the extent that Section 6 and or Section 7(3A) of the Unfair Contract Terms Act 1977 applies to the Conditions, no provision of these terms and conditions shall operate or be construed to operate so as to exclude or restrict liability of the Company for breach of express warranties contained in Condition 7, or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the order by Section 12(3) of the Sale of Goods Act 1979, of Section 2(3) of the Supply of Goods and Services Act 1982, whichever Act applies to the order.
- 13. Confidentiality
- 13.1 Both the Company and the Customer shall each keep confidential and shall not without the prior consent in writing of the other disclose to any third party any technical or commercial information which it has acquired from the other as a result of discussions, negotiations and other communications between them relating to the goods and the order.
- 14. Laws
- 14.1 These Conditions of Sale and all other express terms of every agreement between the Company and the Customer concerning the supply of goods or services shall be governed and construed in all respects in accordance with the Laws of Northern Ireland and the Customer agrees to submit to the exclusive jurisdiction of the Northern Ireland Courts in relation to any matter arising hereunder in dispute.
- 14.2 If any provision of these Conditions of Sale shall be determined by a Court of competent jurisdiction to be void or unenforceable the other terms and conditions shall remain unaffected and enforceable. In the event of any conflict between these Conditions and any Franchise or Supply Agreement made between the Company and the Customer these Conditions shall have precedence.
- 14.3 The parties expressly agree that all performance under these Terms and Conditions and the resolution of disputes shall be conducted in the English language. If a translation of these Terms and Conditions into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Terms and Conditions are provided to you in a language other than English, Force Equipment Limited does so solely as a convenience for you.
Inspection Terms and Conditions
- 1. Force Equipment Limited "Inspection Terms and Conditions" shall form part of our "General Conditions of Sale" as stated above
- 2. Force Equipment Limited inspectors perform a limited functionality check to complete our inspection reports. At no time will the inspectors be asked to operate equipment in a work related manner or beyond the limited functionality test. To the extent permitted by law, Seller shall indemnify, defend and hold Force Equipment Limited and its Affiliates (and the officers, directors, agents and employees thereof) harmless from any damage of or injury to the inspected Equipment, personnel, or other property actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with the operation of Equipment during the inspection process, unless such damage or injury is the direct result of the willful negligence or gross misconduct of the inspector.
- 3. Inspections are performed solely for the purpose of reporting on the visible condition of a machine's major systems and attachments on the day of the inspection. Observed conditions may be complemented by the measurement of selected parts and the results of fluid sampling. Inspections are not designed nor intended to detect latent or hidden defects, or conditions that could only be found in connection with the physical dismantling of the machine or the use of diagnostic equipment or techniques. In no event shall Force Equipment Limited be liable for the identification of such defects.
- 4. Force Equipment Limited makes no warranty that the Equipment will properly function or operate when delivered to the Buyer; nor that it will continue to operate or function for any period of time after delivery.
- 5. The Inspection Report relates to the condition of the Equipment as at the date of the Inspection. Force Equipment Limited shall not be liable for any inaccuracies in the Inspection Report arising due to the failure of the Seller/Owner to properly maintain the Equipment after the date of the Inspection or due to any alterations, repairs or other maintenance works carried out by Seller/Owner after the date of the Inspection. If the Seller/owner alters or performs repairs or other maintenance to the Equipment after the date of the Inspection, the Inspection Report shall be void. Seller shall notify Force Equipment Limited of any such alterations, repairs or maintenance without delay. Force Equipment Limited shall then assess if it should carry out a further Inspection on the Equipment. If this is deemed necessary then the Seller / owner shall be subject to a re-inspection payment of not less than GB £50 stg + Expenses (and VAT, where applicable) any charges above this amount will be pre agreed by both parties.
- 6. In no event will Force Equipment Limited be held liable for any damage to Equipment incurred before or after the Inspection, or during the transportation of the Equipment.
- 7. The Inspection Report, including any photographs taken of Equipment, shall be the property of Force Equipment Limited and cannot be republished or used without Force Equipment Limited's prior permission.
- 8. Oil samples, if taken, will be analyzed by an independent laboratory unaffiliated with Force Equipment Limited. Force Equipment Limited makes no warranty or representation as to the accuracy of such laboratory information.
ANTI-SLAVERY AND HUMAN TRAFFICKING POLICY
Modern slavery is a crime resulting in an abhorrent abuse of the human rights of vulnerable workers. It can take various forms, such as slavery, servitude, forced or compulsory labour and human trafficking. The Company (Force Equipment Ltd) has a zero tolerance approach to modern slavery and is committed to acting ethically and with integrity and transparency in all of its business dealings and relationships and to implementing and enforcing effective systems and controls to ensure that modern slavery and human trafficking are not taking place anywhere within either its own business or in any of its supply chains, consistent with its obligations under the Modern Slavery Act 2015. The Company also expects the same high standards from all of its suppliers, contractors and other business partners and, as part of its contracting processes, it includes specific prohibitions against the use of modern slavery, and expects that its suppliers will in turn hold their own suppliers to the same standards.
Identifying potential victims of modern slavery can be a challenge because the crime can manifest itself in many different ways. There is a spectrum of abuse and it is not always clear at what point, for example, poor working practices and lack of health and safety awareness have become instances of human trafficking, slavery or forced labour in a work environment. In addition, some suppliers may go to great lengths to hide the fact that they are using slave labour. However, the Company accepts that it has a responsibility through its due diligence processes to ensure that workers are not being exploited, that they are safe and that relevant employment, health and safety and human rights laws and standards are being adhered to, including freedom of movement and communications.
This policy applies to all individuals working for the Company or on the Company's behalf in any capacity, including employees, directors, officers, agency workers, volunteers, agents, contractors, consultants and business partners.
Responsibility for the policy
The board of directors has overall responsibility for ensuring that this policy complies with the Company's legal and ethical obligations.
R. Fitzpatrick (Director) has day-to-day responsibility for implementing this policy, monitoring its use and effectiveness and auditing internal control systems and policies and procedures to ensure they are effective in preventing or remediating the risk of modern slavery. They are also responsible for investigating allegations of modern slavery in the Company's business or supply chains.
Line managers are responsible for ensuring that those reporting to them understand and comply with this policy.
The prevention, detection and reporting of modern slavery in any part of the Company's business or supply chains, whether in the UK or abroad, is the responsibility of all those working for the Company or under the Company's control. You are required to avoid any activity that might lead to a breach of this policy.
If you believe or suspect a breach of or conflict with this policy has occurred or may occur, you must notify your line manager or report it in accordance with the Company's whistleblowing policy. You are encouraged to raise concerns about any issue or suspicion of modern slavery in any part of the Company's business or supply chains as soon as possible. If you are unsure about whether a particular act, the treatment of workers or their working conditions within any of the Company's supply chains constitutes any of the various forms of modern slavery, please raise it with your line manager. You can also contact the government's Modern Slavery Helpline on 0800 0121 700 for further information and guidance on modern slavery.
The Company aims to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. The Company is committed to ensuring no one suffers any detrimental treatment or victimisation as a result of reporting in good faith their suspicion that modern slavery is or may be taking place in any part of its business or in any of its supply chains.
Training and communication
Regular training on this policy, and on the risk that the business faces from modern slavery in its supply chains, will be provided to staff as necessary, so that they know how to identify exploitation and modern slavery and how to report suspected cases.
The Company's zero tolerance approach to modern slavery must be communicated to all suppliers, contractors and other business partners when entering into new or renewed contracts with them.
Breach of the policy
Any employee who breaches this policy will face disciplinary action, up to and including summary dismissal for gross misconduct.
The Company may terminate its commercial relationship with suppliers, contractors and other business partners if they breach this policy and/or are found to have been involved in modern slavery.