Terms of Trading

GENERAL TERMS AND CONDITIONS OF SALE (GTC) TEAGLE MACHINERY LTD.

ARTICLE 1. Application of the general conditions of sale
The purpose of these general terms and conditions of sale (GTC) is to inform any potential Customer of the arrangement under which the Supplier (hereinafter TEAGLE MACHINERY LTD, which is also taken to represent TEAGLE FRANCE and TEAGLE IRELAND) sells and delivers goods. It also defines the rights and obligations of the parties in connection with the sale of products by TEAGLE MACHINERY LTD to the Customer ("The Customer" means the company, the organisation, or the person whose name is accepted by TEAGLE MACHINERY LTD).
The GTC applies, without restriction or reservation, to all sales of products offered by TEAGLE MACHINERY LTD. Consequently, the acceptance by the Customer of an Order Acknowledgement or Quotation produced by TEAGLE MACHINERY LTD implies the full and unreserved acceptance of these GTC which the Customer acknowledges having read before placing the order.
Any contrary conditions will therefore be, in the absence of express acceptance, unenforceable against TEAGLE MACHINERY LTD, regardless of when it may have been brought to its attention. In general, the conditions stipulated by the Customer are not binding on TEAGLE MACHINERY LTD if the latter has not expressly accepted them.
TEAGLE MACHINERY LTD reserves the right to modify the GTC at any time. Nevertheless, the GTC applicable to the order placed by a Customer to TEAGLE MACHINERY LTD are those accepted by the Customer at the time of placing his order. In the event of a contradiction between the terms of the GTC and a Purchase Order, the provisions of the GTC will prevail. All other documents such as brochures/price lists issued by TEAGLE MACHINERY LTD are only indicative.
TEAGLE MACHINERY LTD policy is one of continuous improvement and development. Specifications and prices are therefore subject to change without notice.  Published descriptions of goods are intended to provide a general idea of the goods and shall not constitute a sale by description.
The fact that TEAGLE MACHINERY LTD does not take advantage, at a given time, of one of these GTC, cannot be interpreted as a waiver of subsequently taking advantage of one of said conditions.

ARTICLE 2. Orders
2.1. Handover and confirmation
A Purchase Order is established between the parties. This Purchase Order is final when confirmed in writing. The purchase order is personal to the Customer and cannot be transferred without the agreement of TEAGLE MACHINERY LTD. In the case of a sale to a customer not covered or partially covered by the credit insurance of TEAGLE MACHINERY LTD, a deposit may be requested in order to confirm the order.
The sale is only confirmed by acceptance of the customer's order through an “Order Confirmation” from TEAGLE MACHINERY LTD.

2.2. Ordering non-standard products
A Purchase Order relates to a non-standard product when the customer requests equipment and (or) options not listed in the price list in effect at the time of acceptance of the order. These products expressly requested by the customer will automatically be considered as prototypes.

2.3. Modifications
The final Purchase Order is irrevocable, unless expressly agreed by TEAGLE MACHINERY LTD.
In the event that TEAGLE MACHINERY LTD accepts the modification of the Purchase Order as requested by the Customer, this modification can only be taken into consideration if it has been accepted by TEAGLE MACHINERY LTD in writing, before manufacturing. If TEAGLE MACHINERY LTD refuses the modification / resolution, the deposits paid cannot be returned.
TEAGLE MACHINERY LTD reserves the right to modify at any time its products and the models displayed in its brochures or price lists, which have no contractual value. If these modifications do not lead to substantial changes in the Purchase Order, no formalities will be required. Otherwise, the Customer’s express agreement must be obtained, otherwise the changes cannot take place.
In case of modification of the Purchase Order requested by the customer, TEAGLE MACHINERY LTD will be released from the agreed deadlines for its execution.

ARTICLE 3. Price and Invoicing
3.1. Price
The applicable price list is that which is in effect at the time of acceptance of the Purchase Order. Any price change will automatically apply on the date indicated on the new price list. All price lists previous to that which is the latest at the time of ordering are cancelled.
Prices are in British Pounds (GBP) unless otherwise agreed, net, exclusive of tax, on the basis of the prices communicated to the Customer on the day of acceptance of the Order Form.
All taxes, duties or other services to be paid are the responsibility of the Customer.
Except for specific equipment as listed in the current price list, prices for whole goods include delivery to dealer's premises where the final destination is in mainland Britain. For all other locations, unless agreed in writing, transport and packaging costs are extra and always payable by the Customer.
Delivery of spare parts is chargeable and is dependent upon the method of transport requested by the customer at the time of ordering. A minimum invoice charge applies and is stipulated o the website.

3.2. Billing
An invoice is issued for and at the time of each delivery.

ARTICLE 4. Payment
4.1. Terms and conditions of payment
The price is payable on the due date appearing on the invoice. No discount may be applied for early payment unless agreed otherwise in writing or indicated on the Order Acknowledgement. TEAGLE MACHINERY LTD uses a credit insurance company to verify the solvency of its customers and to guarantee the proper payment of its products in the event of default by the Customer. In the event that TEAGLE MACHINERY LTD’s credit insurance company does not guarantee the Customer’s invoice, TEAGLE MACHINERY LTD may request full payment for the product prior to shipment. The Customer may request photos, as well as the serial number of the machine to validate its condition.
Payment is to be made by bank transfer, cheque or banker’s draft.

4.2. Late or non-payment
In the event of non-payment, TEAGLE MACHINERY LTD may decide to suspend pending orders and apply late penalties and / or decide to terminate the sale, as described below.

4.2.1 Suspension of the contract and penalties for delay
Any sum not paid when due will automatically result in the suspension of all pending orders between the parties, without prejudice to any course of action, and the payment of late penalties from five (5) days late. The late payment penalties are 3.0% of the price including tax mentioned on the invoice per month of delay.
The Customer must reimburse all costs incurred by the contentious recovery of the sums due, including legal fees.

4.2.2 Termination of the sale
Where payment is overdue TEAGLE MACHINERY LTD also reserves the right to terminate any outstanding sales contract fourteen (14) calendar days after formal notice. In addition, TEAGLE MACHINERY LTD may request the return of the unpaid products, without prejudice.
The resolution will affect not only the order in question, but also all unpaid orders, whether delivered or in the course of delivery, or whether their payments are due or not.

ARTICLE 5. Discounts and Rebates
Discounts and rebates are only granted within the framework of sales agreements and depend upon the quantities delivered by TEAGLE MACHINERY LTD, or the regularity of the orders.

ARTICLE 6. Retention of title
The goods remain the property of TEAGLE MACHINERY LTD until the Customer has paid the contract price in full and all other sums which are or may become due to TEAGLE MACHINERY LTD from the Customer.
While the goods remain the property of TEAGLE MACHINERY LTD, the Customer shall keep them in good condition and shall insure them against damage or theft and shall note TEAGLE MACHINERY LTD’s interest on the insurance policy and it’s entitlement as sole loss payee thereunder.
The Customer is prohibited from creating any mortgage, charge lien or other encumbrance adverse to the title of TEAGLE MACHINERY LTD.  The Customer shall ensure that the goods are kept separate from all other goods in the Customer’s possession and shall at all times remain readily identifiable as TEAGLE MACHINERY LTD’s property. The Customer shall not (and shall ensure that no other party shall) obscure, destroy, deface or alter any identifying mark on the goods or their packaging. The Customer shall ensure that the goods are stored securely and maintained in a satisfactory condition.  The goods shall be returned or made available for collection by TEAGLE MACHINERY LTD upon demand and TEAGLE MACHINERY LTD shall be entitled upon giving reasonable notice, to enter any premises where the goods are stored to inspect them or take possession of the goods.
Any deposit paid by the Customer will be held by TEAGLE MACHINERY LTD as a lump sum compensation, without prejudice to any other actions that he would be entitled to bring against the customer.

ARTICLE 7. Delivery
7.1. Transfer of goods and Risk
Delivery is made either by handing over the product to the Customer, by simple notice of availability, or by loading to a shipper or a carrier in the warehouses of TEAGLE MACHINERY LTD.
The Customer undertakes to take delivery within ten (10) working days following the notice of provision. Storage fees will be charged once this period has expired.
The transfer of risk takes place at the time of loading/delivery.

7.2. Time limit
Deliveries are only made according to availability and in the order of arrival of the Purchase Orders. TEAGLE MACHINERY LTD is authorised to make total or partial deliveries. Delivery times are indicated as precisely as possible, depending on the supply and transport availability of TEAGLE MACHINERY LTD, but may only be taken as best estimates.
Delivery delays cannot give rise to any damages, discounts or cancellations of orders in progress.
However, if six (6) months after the indicative delivery date the product has not been delivered, and except in cases of force majeure as defined below or in the case of sale of a prototype, the sale may then be terminated at the request of either party; the Customer may obtain restitution of his deposit, where applicable, to the exclusion of any other compensation or damage and interest. The following are considered as force majeure, discharging TEAGLE MACHINERY LTD from its delivery obligation within six (6) months following the indicative delivery date appearing on the Order Form: war, riot, fire, strikes, accidents, pandemics, or failure of suppliers to TEAGLE MACHINERY LTD. In any event, delivery within the agreed time limit will only take place if the Customer has complied with his own contractual obligations.

7.3 Condition
The acceptance of the products by the Customer in terms of quantity and quality must be carried out at the time of delivery. In the event of an incomplete or damaged delivery the Customer must indicate details on the delivery note and submit to TEAGLE MACHINERY LTD in writing, within seven (7) calendar days of the arrival of the products. If these details are not received by TEAGLE MACHINERY LTD the product will be assumed to conform with the Delivery note.
It is up to the customer to provide all details to TEAGLE MACHINERY LTD of the defects or anomalies observed. Rectification must only be undertaken by TEAGLE MACHINERY LTD. The Customer will refrain from intervening himself or involving a third party for this purpose, without the written consent of TEAGLE MACHINERY LTD. Otherwise, the product will be declared compliant with the Order Form and in no case can TEAGLE MACHINERY LTD be held liable.
In the event of an apparent defect or non-conformity of the product, duly noted by TEAGLE MACHINERY LTD under the conditions provided above, and rendering the equipment unsuitable for its intended purpose, the Customer may request the repair of the products in order to make compliant for use. In this case, no compensation or damages will be due.
In the case of a prototype, if the product received corresponds with the description given in the Order Form and, if applicable, in the plans that TEAGLE MACHINERY LTD may have transmitted to the Customer, there will be no cause for a complaint from the Customer for an anomaly in the function of the product.

ARTICLE 8. Returns
Any product return is subject to a formal written agreement between TEAGLE MACHINERY LTD and the Customer, otherwise it will remain the property of the Customer, subject to the conditions in Article 6. All merchandise accepted for credit will be returned at the Customer's expense and will be subject to a 15% handling charge, unless otherwise agreed.

ARTICLE 9. Warranty
9.1 General Conditions
The guarantee is in addition to and does not affect a purchaser’s statutory rights.
Failure of wearing parts due to "Fair Wear and Tear" is not covered by the terms of the warranty.
The warranty is invalidated by misuse, neglect and improper repairs or adjustment. The warranty does not cover fire or accident damage.
The right to withdraw warranty is reserved if:
a) Non original parts are fitted.
b) The machine has been abused, badly maintained or used for purposes other than that for which it was intended.
c) Normal working adjustments, as specified in the Instruction Book, have not been made.
d) There is an outstanding or overdue payment, in full or part, against the product invoice
The warranty cannot be transferred from the original Customer.

9.2. Duration
The products are guaranteed against any material or manufacturing defect for a period of 24 months from the date of Warranty Activation, unless specified otherwise in the Order Acknowledgement or Sales Literature. TEAGLE MACHINERY LTD may request end user invoice details as proof of date of sale. Original components supplied with the machine, but manufactured by another company, eg. PTO shafts, wheels, etc. are subject to the warranty conditions of the manufacturer of these original parts.
Interventions by TEAGLE MACHINERY LTD during the warranty period do not have the effect of extending the warranty duration.
Parts installed outside the machine's warranty period have a 3-month parts-only warranty.
If the Warranty Registration has not been activated, the date of delivery of the machine to the supplying dealership will be assumed to be the warranty period start date.

9.3 Authorisation
Warranty registration for the product is strictly required prior to a Warranty Authorisation Number (WAN) being provided.
Agreement and an authorisation number must be sought from TEAGLE MACHINERY LTD by the repairer before warranty repairs are commenced.  Warranty claims will not be considered without a valid authorisation number.
The Customer must request an authorisation number within twenty (20) calendar days of identifying the defect for TEAGLE MACHINERY LTD to consider a warranty authorisation. The machine serial number will be required.

9.4 Claims
Warranty claims must be submitted to TEAGLE MACHINERY LTD within four weeks of the repair.
Where it is necessary to ordering parts for a repair under warranty, this must be made clear at the time of ordering, giving the serial number of the machine (where appropriate) and the date of purchase.  The parts will either be supplied free of charge or invoiced then credited upon return of the defective parts if the claim is accepted.
The cost of carriage of parts supplied under warranty will be paid by TEAGLE MACHINERY LTD except where express delivery is requested by the customer. Under such circumstances, TEAGLE MACHINERY LTD reserves the right to charge for the cost difference between express and normal transport.
Parts replaced under warranty shall become the property of TEAGLE MACHINERY LTD and the return of those parts for inspection may be requested.  Payment for the parts and carriage will be due in the event of the failure being found to be outside the terms of the warranty.
Credit cannot be issued for parts not supplied by TEAGLE MACHINERY LTD unless there has been prior agreement for the use of those parts.  Where such agreement exists, the credit given will not normally exceed the value which would have been invoiced if the parts had been obtained from TEAGLE MACHINERY LTD.
Standard rates apply to credit for labour and travel claims. See Dealer Portal for current TEAGLE MACHINERY LTD rates.

9.5 Exclusions
Except as mentioned above, no condition of warranty, collateral warranty or representation as to the goods or their quality, design, specification, performance or fitness for a particular purpose is given by TEAGLE MACHINERY LTD or shall be implied into the sale of the goods by law.  TEAGLE MACHINERY LTD shall not be liable, whether in contract, tort or otherwise for any loss, damage, expense or injury (except personal injury or death) whether to person or property, howsoever caused and whether direct or consequentially suffered by the Customer, its employees, agents or any other third party arising out of the contract for the sale of the goods, the goods supplied, or work done by TEAGLE MACHINERY LTD.
Excluded from the warranty are defects or deterioration caused by natural wear or by another incident (incorrect assembly, faulty maintenance, wear, deterioration or accident resulting from negligence, accidental damage, lack of supervision or maintenance, abnormal use, fire) or by a modification of the product, the installation of parts other than those of origin not foreseen nor specified by TEAGLE MACHINERY LTD.
Any special manufacture or request for modification of the product emanating from the Customer and not forming part of the initial Purchase Order, cannot come within the scope of the contractual guarantee.

ARTICLE 10. Service
Where a Product recall action is undertaken by TEAGLE MACHINERY LTD, the Customer is obliged to undertake any corrective action required, and process it through TEAGLE MACHINERY LTD’s warranty system, within 60 days from the notice of the action.

ARTICLE 11. Safety
It is the responsibility of the dealer to ensure that the end-user is handed the instruction book and receives adequate training in the safe use of the machine. Warranty Registration must be submitted online as confirmation.
It is the responsibility of the dealer to ensure that a thorough Pre-delivery Inspection (PDI) has been completed prior to delivery of the machine to the customer.

ARTICLE 12. Applicable law
This contract is subject to British law and as a supplement to the Vienna Convention on the International Sale of Goods.
All disputes relating to these GTC and / or Order Forms from TEAGLE MACHINERY LTD will be submitted to the competent courts whose jurisdiction includes the head office of TEAGLE MACHINERY LTD, i.e. Truro Crown Court, TRURO, TR1 2PB, United Kingdom.