Lumag Dealers

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Dealer T’s and C’s

2019 DEALER TERMS AND CONDITIONS

 

  1. SCOPE

 

  • The following general Terms and Conditions of business (T’s and C’s) shall apply to all offers, orders, deliveries, payments and other business transactions initiated in the context of trade agreements reached by those authorised to sell Lumag GmbH products and spare parts (“Dealer”) and Lumag Distribution Limited (“Lumag”).

 

  • The scope of the present T’s and C’s shall extend to future business relations between the parties, even if the parties refrain from expressly renewing their agreement. By submitting an order, or accepting deliveries, the Dealer accepts the validity of the present T’s and C’s.

 

  • Lumag will enter into a contract for the supply of parts and/or machines or services only on these T’s and C’s which shall take precedence over any T’s and C’s issued by the Dealer. In particular, the T’s and C’s of purchase issued by the Dealer shall not apply, even if Lumag has not expressly communicated its objection to them.

 

  • Unless a variation of these T’s and C’s is specifically agreed in writing, any such variation shall be effective only if it states specifically that it is intended as a variation to these T’s and C’s.

 

  1. PRICING AND PAYMENT

 

  • The price to be paid by the Dealer to Lumag for products and spare parts are those stipulated in Lumag’s price list and/or special promotional offers, in force at the time of the order.

 

  • Lumag accept payment by Direct Debit, direct bank transfer or Paypal (if paying in advance of dispatch) or within 30 days using our Metro Bank Facility.

 

  • Lumag offer a 1% discount for for Direct Debit payments made within 7 of the date of the invoice. To pay by Direct Debit you will need to complete a Gocardless Direct Debit Mandate.

 

  • Payments by Paypal will incur a 1.5% surcharge.

 

  • The Metro Bank Facility is only available to approved Dealers and credit limits will apply.

 

  • Unless otherwise agreed, invoiced amounts shall be payable strictly net by the due date listed on the invoice. Payments made shall always be applied to the oldest of the accounts payable in addition to any interest charges that may have accrued.

 

  • If the Dealer is in default of payment for a given order, the payment on all other accounts payable shall become due immediately.

 

  • If quantity-based discounts are granted, these discounts shall only apply if payment is made on time and the corresponding orders are accepted in full. If Lumag agrees to the return of a machine without being obligated to do so, any discounts granted for the batch of goods from which the returned goods have been returned shall cease to apply. The Dealer shall then be obligated to pay the previously deducted amount.

 

  • Failure to pay an invoice by the due date specified on the invoice shall result in all cash discounts will be withdrawn.

 

  • Any invoice queries must be reported to kariss@lumag-gb.co.uk within 14 days of the date of the invoice.

 

  • In the event that an invoice becomes overdue Lumag reserves the right to claim late payment costs (currently up to £100.00) and statutory interest (currently 8% plus the Bank of England base rate) under the Late Payment of Commercial Debt (Regulations) 2013. The interest will be added daily and will continue to accrue until the invoice has been paid in full.

 

  1. PRE DELIVERY INSPECTION (PDI)

 

  • It is the Dealers responsibility to ensure that all machines receive a PDI, and a PDI Form is completed, before delivering to a Customer.

 

  • In certain circumstances Lumag may agree to ship direct to a Customer. If this is the case the PDI will be carried out by Lumag, additional charges will apply.

 

  • In most cases the machine will be sent fully assembled and ready to use. In some cases, such as the HC15 Chipper, the final fitting of the hopper will be left for the Customer to fit to avoid incurring additional transport costs. Lumag recommends that the Dealer make a note of this on the Customer invoice to avoid dispute.

 

  • Full details of our PDI charges will be included on our Price List. Please refer to our PDI sheet, which can be found at www.lumagdealers.com, for any final assembly notes.

 

  • Due to transport restrictions, Lumag cannot leave engine oil or fuel in the machines. They will be checked, tested and drained prior to dispatch.

 

  • Failure to carry out a PDI resulting in costs being incurred will not be covered by Lumag and may invalidate the Warranty.

 

  • Lumag accepts no responsibility for machines that have been incorrectly assembled.

 

 

  1. DELIVERY

 

  • Lumag aim to deliver, next day, on orders to Mainland UK (excluding the Highlands, Islands and Grampian) placed before 3pm, subject to stock.

 

  • Lumag offer free delivery, to Mainland UK (excluding the Highlands, Islands and Grampian), on orders over £1,000.00 (exc VAT).

 

  • FREE delivery does not apply to items sent to split addresses.

 

  • The free delivery threshold for the Highlands, Islands, Grampian and Ireland (North and South) is £2,000.00 (exc VAT).

 

  • The above thresholds are subject to change without notice.

 

  • Delivery is chargeable on all orders below £1,000.00 (exc VAT). Full details of delivery charges can be found at lumagdealers.com. As a rough guide, the delivery charges to Mainland UK (excluding the Highlands and Islands and Grampian) are as follows:

 

  • 2kg or less (e.g. parts)£7.95 (exc VAT)
  • 2-20kg (e.g. large parts) £9.95 (exc VAT)
  • 21-36kg (e.g. Engine) £17.95 (exc VAT)
  • 37-75kg (e.g. Compactor) £29.95 (exc VAT)
  • 75kg + (e.g. Large Compactor) £49.95 (exc VAT)

 

  • Deliveries to the Highlands, Islands, Grampian and Ireland (North and South) will be double the above prices.

 

  • Lumag offer premium delivery services. As a rough guide, the delivery charges are as follows:

 

  • Delivery before 12:00 £14.00 (exc VAT)
  • Timed delivery between 10:00 and 16.00 £28.00 (exc VAT)
  • Saturday delivery between 09:00 and 13:00 £60.00 (exc VAT)

 

  • Failed deliveries, even in cases where the initial delivery cost was free, will be subject to a redelivery charge of £12.50 (exc VAT). Lumag recommends that the Dealer make a note of this on the Customer invoice to avoid dispute.

 

  • Deliveries to residential addresses are subject to a residential surcharge of £8.95 (exc VAT). This does not apply to parcels below 2kg.

 

  • Risk of loss and damage shall pass to the Dealer upon delivery.

 

  • Delivery commitments are entered into in good faith but without legal commitment. Lumag will not be liable for failure to deliver on any specified date. Time is not of the essence.

 

  1. CHECKING AND SIGNING FOR DELIVERIES
  • Lumag will not accept claims for damages or shortages once the delivery has been signed for as checked and complete.

 

  • The delivery must be thoroughly checked by the Dealer to ensure that it is complete, correct and damage free. Any shortages or damage should be clearly documented on the driver’s consignment note with details of the shortage, damage or other discrepancy or the delivery should be refused.

 

  • Any shortages or damage must be reported to Lumag within 24 hours.

 

  • A failure on the part of the Dealer to report damage/defects within the above timescales shall release Lumag from any liability for the defects in question.

 

  • If shipping direct Lumag requires the Dealer to inform the Customer of their responsibility to examine the goods immediately and ensure that any shortages or damage are noted on the driver’s consignment note. Any shortages or damage must be reported to Lumag within 24 hours.  Lumag recommends that the Dealer make a note of this on the Customer invoice to avoid dispute.

 

  • Lumag shall be entitled, as it sees fit, to either remedy the shortages or damage that have been reported in due time or replace the delivered goods within an appropriate grace period granted by the Dealer.

 

  1. RETURNS

 

  • Goods may only be returned at Lumag’s discretion. Such returns will be subject to the below handling charges.

 

  • Lumag will accept returns of parts and / or machines, within 14 days of purchase, provided that they are unused and in the original packaging.

 

  • Special order items and / or items which have been modified are non returnable.

 

  • Fitted / used parts and / or machines cannot be returned.

 

  • In the case of incorrectly or faulty supplied parts and/or machines by Lumag the goods will be collected without charge. In all other cases the carriage for returning an item will be paid by the Dealer and a handling charge applied.

 

  • Returned parts will be subject to a 30% handling charge.

 

  • Returned machines will be subject to a 15% handling charge.

 

  • Parts and/or machines that are returned in a resalable condition i.e. unused and in the original packaging will be credited in full, minus any applicable handling charge.

 

  • Parts and / or machines that are returned used, damaged, defaced or with bits missing may not be credited / credited in full and will be subject to a handling charge.

 

  • No credit will be given in respect of PDI charges.

 

  1. CANCELLATION OF ORDERS

 

  • Cancellation of orders will only be accepted in writing and emailed to sales@lumag-gb.co.uk before 3pm on the day of the order.

 

  • Parts and/or machines that have already been collected and notifications received after 3pm will incur a handling charge.

 

  • PDI charges are non refundable.

 

  1. FAULTY / NOT FIT FOR PURPOSE

 

  • Consumer statutory rights are with you, the trader, and the guarantee offered by the manufacturer is in addition to such rights. Where a Dealer exchanges or refunds products under the consumer statutory rights legislation Lumag will not be obliged to refund the Dealer. Lumag shall comply with all relevant laws and regulations applicable to carrying out its business in connection with this act. Lumag will not be liable for any goods altered, or defects arising as a result of wear and tear, wilful damage, abnormal use, storage or working conditions.

 

  1. CONSEQUENTIAL LOSS

 

  • Lumag’s liability in respect of damaged, missing, faulty, defective, non delivered goods or failure to comply with the terms of any contract shall be limited in all cases to the price of the goods. It shall not in any circumstances extend to cover any other expenditure incurred by the Dealer and/or third party, consequential damage of any nature or loss of profit (save that this clause is not intended to exclude Lumag’s liability in respect of death or personal injury).

 

  1. WARRANTY

 

  • Our policy is to sell parts and/or machines to trade Dealers who provide service back up and warranty.

 

  • The warranty period offered by Lumag varies from machine to machine and differs between Domestic and Commercial use.

 

  • As a general rule, Lumag offer 1 year for Commercial use, 2 years for Domestic and 3 years for engines. There are however exceptions. An example of this is the petrol Compactors which come with an extended 5 year Domestic /2 year Commercial warranty. Please refer to www.lumagdealers.com for full details of warranty periods.

 

  • In the case of manufacturing faults, material faults and failure which have occurred during the warranty period, Lumag agree to provide parts and cover the cost of the agreed labour, associated with the repair. It is the Customers responsibility to return the machine to the place of purchase.

 

  • Any faults or damage caused by misuse, abuse neglect, improper handling/storage or general wear are not covered under warranty.

 

  • Lumag’s warranty does not cover wearing parts such as belts, cables electrical components or soil engaging parts or the adjustment of belts, clutches and cables etc.

 

  • Lumag will cover the cost of labour, at a rate not exceeding £40.00 per hour (exc VAT), providing that the cost of labour and the time for repair has been agreed in advance in writing.

 

  • In certain circumstances Lumag will undertake warranty repairs on behalf of the Dealer. Prior to starting the repair, the nature and cause of the fault will be determined. We will advise if our findings differ from your Customer’s explanation of the fault. Where no fault is found or the failure is not covered by the Warranty the costs incurred i.e. collection, re-delivery, inspection and repair costs will be chargeable. It is the Dealer’s responsibility to ensure that Customers are informed of this. Lumag recommends that the Dealer to make a note of this on the Customer invoice to avoid dispute.

 

  • If the machine is being returned to Lumag for warranty repair and the claim is found to be valid Lumag will cover the cost of the collection and re-delivery.

 

  • Lumag will not be liable for any “down time” of the machine and do not offer any replacement machinery or compensation.

 

  • Any replacement spare parts are covered by a 90 day replacement part only warranty. Therefore, no fitting costs will be covered outside of the warranty period.

 

  • For the warranty to remain valid the machine must be serviced and maintained, as per the Servicing and Maintenance Schedule, using genuine Lumag parts and consumables.

 

  • The Dealer will need to complete an online Warranty Registration Form, within 14 days of purchase, providing proof of purchase and a completed PDI Form. Lumag will contact the customer directly to confirm when the Warranty has been registered.

 

  • Lumag offer a 1% credit for each and every Warranty Registration Form, completed and returned with supporting documentation, within 14 days of purchase.

 

  • The warranty is non-transferable.

 

  • All warranty claims must be submitted online, or sent via email to chris@lumag-gb.co.uk, by completing a Warranty Claim Form which can be found at www.lumagdealers.com.

 

  1. RETENTION OF TITLE

 

  • Lumag shall retain ownership of the good in question until payment has been received in full.

 

  • Until such time as the ownership passes to the Dealer they shall be stored and identified in such a way as they can be readily identified as belonging to Lumag.

 

  • Not withstanding that ownership shall not pass to the Dealer upon delivery they shall be at the risk of the Dealer from the moment of delivery and the Dealer shall take all reasonable measures to keep them safe and in good condition and insure the goods against theft, loss and damage to their full replacement value.

 

  • The Dealer agrees to use or re-sell goods supplied by Lumag of the same kind and specification in the order and sequence in which they have been delivered and invoiced to the Dealer.

 

  • If at any time the sum owing to Lumag is overdue (without prejudice to any other right or remedy against the Dealer which Lumag may have) Lumag, or it’s agents, have the right to enter upon any premises where the goods are reasonably thought to be stored for the purpose of locating, inspecting and repossessing the same. The Dealer shall cooperate fully with Lumag in providing access to any such premises and assist in the repossession of the goods. All costs and expenses reasonably incurred by Lumag in connection with such a recovery shall be paid by the Dealer.

 

  1. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

 

  • The Dealer accepts full responsibility for the safe disposal (in accordance with your local enactment of the Waste Electrical and Electronic Equipment Directive 2006/66/EC (including any subsequent amendments or replacement legislation) and local waste regulations) of any waste electrical and electronic equipment that has been supplied by Lumag.

 

  1. VALIDITY

 

  • Each clause shall be construed and take effect as independent of each other. In the event of one or more clauses being determined to be invalid, illegal or unenforceable shall not affect the validity or enforceability of the remaining clauses which shall remain in full force and effect.