1. THE CONTRACT

1.1 The terms and conditions set out below create and govern the goods sold by us, Biven Machinery, to you our customer, and form this entire and only contract between us.

1.2 All orders placed by you are based on these terms and conditions. Orders are subject to acceptance by us on delivery of goods to you at which point, a legal and binding contact is formed. Processing of a payment does not constitute a legally binding contract, or acceptance of your order.

2. PRICE AND PAYMENT

2.1. All prices paid by you for goods, are contained and verified on our website, or on an e.mailed quotation to you.

2.2 In the event of an occasional price miss print, we reserve the right, and not be obliged, to supply goods at the incorrect price. You will be informed immediately if this occurs, and we will endeavour to do everything possible to correct this to our mutual satisfaction.

2.3 All goods must be paid for in full, prior to order processing and delivery, unless you are a bona fide account holder on our standard monthly terms.

3. DELIVERIES

3.1 We will endeavour to delivery all orders as stated on our website or mailed quotation, and all deliveries will require a signature of acceptance.

3.2 Due to health and safety issues, large and heavy parcels, and all machinery can only be delivered to a ground floor destination. If you require deliveries to a higher level, it is your responsibility to arrange this.

3.3 All deliveries must be checked, and any damages or shortages be reported within 3 days of acceptance. Do not sign for any order ‘un-examined’, If the exterior packaging appears to be damaged, either refuse delivery or un-pack and examine goods before signing for ‘received in good condition.’

3.4 For goods delivered by a courier (Parcels) you will receive an e.mail or a phone call on day of despatch, and be advised of delivery date. If there is no one present to accept delivery it is your responsibility to make further arrangements.

3.4 In the case of a heavy machine delivery, you will be advised by the carrier prior to delivery. If delivery cannot take place due to ‘no one present’ you may be charged for another delivery dependant on when delivery can be made.

4. CANCELLATIONS AND RETURNS

4.1 You may cancel your order within 7 days from date of delivery providing you inform us by e.mail, stating the reason for cancellation.

4.2 On cancellation, you must return the goods to us at your expense unless agreed otherwise. In the event of goods being returned due to a fault after examination or in-correct item supplied, this cost will be met by us.

5. AGE REQUIREMENT FOR SPECIFIC GOODS

5.1 When placing an order for any age restricted goods, you are confirming you are over the age of 18 and that goods will be received by a person over the age of 18. We reserve the right to cancel your order if there is reasonable doubt that you are not of the correct age.

6. FORCE MAJEURE

6.1 We cannot be held responsible for any consequence from any cause due to ‘Force Majeure’ accidents, riots, strikes, lockouts, government restrictions, prohibitions or any other exercise of government authority or any other cause beyond the company’s control.

7. GUARANTEE

7.1 We guarantee that for a period of 12 months from the date of purchase the components of qualifying Products (see clauses 7.2.1 to 7.2.9) will be free from defects caused by faulty construction or manufacture.

 

7.2 During this period we will arrange a repair or replace free of charge any parts which are proved to be faulty in accordance with paragraphs 7.1 above provided that:

 

7.2.1 You follow the claims procedure set out in clause 2 below;

 

7.2.2 We are given a reasonable opportunity after receiving notice of the claim to examine the Product;

 

7.2.3 If asked to do so, you return the Product, at your own cost, to us, or the product manufacturer for the examination to take place;

 

7.2.4 The fault in question is not caused by industrial use, accidental damage, fair wear and tear, wilful damage, neglect, incorrect electrical connection, abnormal working conditions, failure to follow our instructions, misuse, or alteration or repair of the Product without our approval;

 

7.2.5 The Product has been used in a domestic environment only;

 

7.2.6 The fault does not relate to consumable Products such as blades, bearings, drive belts or other wearing parts which can reasonably be expected to wear at different rates depending on usage;

 

7.2.7 The Product has not been used for hire purposes, by you or by a previous owner;

 

7.2.8 The Product has been purchased by you as the guarantee is not transferable from a private sale.

 

7.2.9 Where the Product has been purchased from a retailer, the guarantee is transferable and begins on the date of the first purchase of the Product and in the event of a claim under this guarantee proof of the original purchase date will be required to validate the warranty period.

 

8. CLAIMS PROCEDURE

 

8.1 In the first instance please contact ourselves to report any problems. In our experience many initial problems with machines that are thought to be due to faulty parts are actually solved by correct setting up or adjustment of the machines. We can mostly resolve the majority of these issues much more quickly than processing a claim under the guarantee.

 

8.2 Any damage to the Product resulting in a potential claim under the guarantee must be reported to us within 48 hours of receipt.

 

8.3 Please note that it is essential that the letter of claim reaches us on the last day of this Guarantee at the latest. Late claims will not be considered.

9. LIABILITY

9.1 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours such as loss of profits or for any other loss which is not a foreseeable consequence of us being in breach of these terms and conditions or our legal duties.

9.2 All goods supplied are intended for use in the UK only.

9.3 If you notify us of any problem with the goods, we will make good, any shortages, repair or re-place any goods that are damaged or defective upon delivery.