Terms and Conditions

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Who are we?

We are RYS MACHINERY LTD. We are a limited company in England and Wales, and our company registration number is 14669561.  Our registered office address is at 17 Woodlock Road, Ackworth, Pontefract, England, WF7 7FG.

How to find information about our products

We post adverts about our available products on Facebook, eBay, and other selling platforms or media, however we do not sell through these platforms.  If you are interested in one of our products, we encourage you to contact us by email on contact@rysmachinery.co.uk or by telephone on 07722 938362.

Product safety features

The products that we supply are usually second-hand.  This means that they may not have the same features that new machines of a similar type may have, such as roll over protection structures, seat belts and safety switches.

Product meter readings

Most of the products that we provide will have hour meter readings.  Due to the second-hand and imported nature of the products, we cannot guarantee the accuracy, and or functionality of these meter readings.

Product year of manufacture

As the majority of products we provide are second-hand and imported, they do not always state the year that they were manufactured.  We cannot verify any year of manufacture as a result of this.

We don’t give business customers all the same rights as consumers

This is because business customers are not entitled to the same rights in law.  Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, or for resale, even if you are an individual.

If you are a business customer this is our entire agreement with you.

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

Making an offer

You can make an offer to purchase a product by speaking to one of our sales assistants at our premises. We will confirm to you if we accept your offer, and at that point our contract will come into force, and incorporate these terms and conditions.

Sometimes we reject offers

Sometimes we reject offers, for example, because a product is unexpectedly out of stock, because we can’t verify your age (where the product is age-restricted), because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have already paid.

Charging

We will charge you when we have accepted your offer and before you either collect the product or we make delivery of the product.  You can make payment by cash, or by bank transfer to the bank details nominated by us on our invoice. 

Where you are paying by bank transfer, we will check to make sure that the payment has cleared before you can collect the product or before we make delivery.

You will own the product once we have received payment in full.

Delivery

You may take your product away with you once it has been paid for.

Alternatively, you may request that we deliver the product to you at a UK-based address.  The costs for delivery are £2.10 per mile, with a minimum delivery charge of £60.  These costs are inclusive of VAT.

We may store the product for you before you collect it.  We provide 14 days free storage (from date of purchase).  Storage for any time period after 14 days shall be chargeable at £6 per day (inclusive of VAT).  Should the goods not be collected within a period of 90 days from point of purchase, we reserve the right to sell the product on to cover any unpaid storage charges. A £240 (inclusive of VAT) admin fee will also be deducted before any remaining proceeds to be returned to the customer.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

In the unlikely event that the rate of VAT changes between the date that you make an offer and the date we supply the product, we may adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us on the details provided above to end the contract and receive a refund for any products you have paid for in advance, but not received.

We charge you if you don’t give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery. For example, we might need to re-deliver using an alternative vehicle or with extra manpower.

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact us using the telephone number or email address stated at the beginning of these terms.

Your rights and remedies if you are a consumer. We honor our legal duty to provide you with products that are as described to you on Facebook, eBay or other selling platform and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.

Major defects, spares and repairs for consumers
In some circumstances, the products that we provide may be specified as having “major defects”, or only being suitable for “spares and repairs”.  Whilst this does not limit your rights (as detailed below), it does lower the quality that is available and the cost of the product is reflective of this. Where a product is described as for “spares or repair” are deemed to be not fit for purpose, and absolutely no guarantee is made as to the functionality, and or suitability of the machine.

Summary of your key legal rights for consumers

The products that we sell are goods. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get a refund.

Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Your rights if you are a business:

• The details of the products on Facebook, eBay or any other selling platform are given only for the purposes of identifying the products and do not make the contract between us a sale by description.
• The products we sell to businesses are sold "as seen".  We make no representations and give no warranties as to the quality, condition, state or description of the products, or their fitness or suitability for any purpose. All implied statutory or common law terms, conditions and warranties as to the Equipment are excluded to the fullest extent permitted by law.
• We may specify that certain products contain major defects, or could only be used for “spares and repairs”.  We still recommend that you visit us to view these products, and we do not make any representations or warranties as to the suitability for use of such products.
• You acknowledge that, before the date of the contract between us:
  
  • we have given you a reasonable opportunity to inspect and test the products; and
• you have satisfied yourself as to the quality and condition of the products.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with cooperation or access that we need to provide the product;
• you don’t, within a reasonable time, collect the product from us or accept delivery of the product from us.
  
  

We don’t compensate you for all losses caused by us or our products

Our liability to consumers. We’re not responsible for losses you suffer caused by us breaking this contract unless if the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
• Avoidable. Something you could have avoided by taking reasonable action. For example, by providing reasonable and regular maintenance of the product.

Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses
If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the Product under our contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• 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;
• defective products under the Consumer Protection Act 1987; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice which is available at www.rysmachinery.co.uk, alternatively if this is not available, a copy can be issued ASAP upon request.

You have several options for resolving disputes with us

Complaints. We hope that you will enjoy your product, but in the unlikely event that you would like to make a complaint, please contact us using the information provided at the beginning of these terms and conditions.  We will do our best to resolve the complaint quickly and satisfactorily. You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it (other than someone you (as a consumer) gave a product to as a present) and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.