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 shall apply to all offers, purchase 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 terms and conditions shall also extend to future business relations between the parties, even if the parties refrain from expressly renewing their agreement to the terms and conditions. In virtue of submitting a purchase order or receiving the relevant deliverables, the Dealer effectively accepts the validity of the present terms and conditions.

 

  • To the extent that nothing to the contrary has been agreed, the present terms and conditions shall take precedence over any terms and conditions of business issued by the Dealer in the context of submitting offers, price lists, invoices or transacting other kinds of business. In particular, the conditions of purchase issued by the Dealer shall not apply, even if Lumag has not expressly communicated its objection to them.

 

  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 offer a 1.5% discount for orders which are paid straight away. For any such discount to be applied the intention to pay straight away must be communicated at the point the order is placed. This discount excludes parts orders and shipping costs. If the goods are not paid straight away, a new invoice will be raised for the full amount.

 

  • Lumag offer a discount of £7.50 for orders placed through www.lumagdealers.com. This discount excludes parts. This discount will be raised in the form of a credit note.

 

 

  • 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.

 

  • Payments shall be made via bank transfer to the bank details contained on the invoice.

 

  • 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.

 

  • 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 Distribution Limited 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. 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 in the warranty period, Lumag agree to provide replacement parts and cover the cost of the agreed labour, associated with the repair. Transport costs are excluded. It is the Dealer’s responsibility to ensure that Customers are informed of this. Lumag requires the Dealer to make a note of this on the Customer invoice to avoid dispute.

 

  • 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 the adjustment of belts, clutches, and cables or wearing parts such as belts, cables electrical components or soil engaging parts.

 

  • Lumag will cover the cost of labour, at a rate not exceeding £35.00 per hour (exc VAT), providing that the cost of labour and the time for repair has been agreed in advance in writing.

 

  • 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 warranty is non-transferable.

 

  • All warranty claims must be submitted online by completing a Dealer Warranty Claim

Form which can be found at https://www.lumagdealers.com/dealer-warranty-claim-form/.

 

 

  1. DELIVERY

 

  • Lumag offer free delivery, to Mainland UK, on orders over £1,000.00 (exc VAT).

 

  • The free delivery threshold for the Highlands, Islands 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) are as follows:

 

  • 5kg or less (e.g. parts)                                              £7.50 (exc VAT)
  • 6-35kg (e.g. Engine)                                            £14.00 (exc VAT)
  • 36-74kg (e.g. Compactor)                                    £33.50 (exc VAT)
  • 75kg + (e.g. Large Compactor)                         £50.00 (exc VAT)

 

  • Failed deliveries, even in cases where the initial delivery cost was free, will be subject to a redelivery charge which is set by our courier and will vary from case to case. Lumag requires the Dealer to make a note of this on the Customer invoice to avoid dispute.

 

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

 

  1. NOTICES OF DEFECTS
    • Pallet deliveries have a 20 minute window. The Dealer shall use this time to carefully examine delivered goods immediately for any signs of damage/defects. Any item that arrives damaged/defective must be signed for as “damaged” or you must refuse to accept it as our couriers only accept claims for goods signed for as damaged or refused. Any damage or refusal must be reported to Lumag within 24 hours. A failure on the part of the Dealer to report damage/defects 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 damaged/defective deliveries are signed for as “damaged” or the deliveries are not accepted. Lumag also requires the Dealer to make a note of this on the Customer invoice to avoid dispute.

 

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

 

 

  1. PRE DELIVERY INSPECTIONS

 

  • Lumag recommend assembling and checking all machines before delivering them to the Customer to ensure that they are assembled and adjusted correctly.

 

  • In certain circumstances Lumag may agree to ship direct to a Customer. If this is the case the machine will be sent boxed, unassembled with no pre delivery inspection. Any Dealer selling on this basis will need to ensure that the Customer is aware of this. Lumag requires the Dealer to make a note of this on the Customer invoice to avoid dispute.

 

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

 

  • Lumag accepts no responsibility where basic checks and maintenance as per the Servicing and Maintenance Schedule (e.g. checking and adding oil) have not been carried out.

 

  1. RETENTION OF TITLE

 

  • Lumag shall retain ownership of the delivered goods until payment has been received in full.

 

  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.