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‘These Terms & Conditions outline the rules governing the use of the Campbells Garden Machinery website and the purchase of products from us. By using our website or placing an order, you agree to be bound by the terms set out below.

Please read these Terms & Conditions carefully before using our website or completing a purchase.

Our Terms & Conditions cover important information relating to orders, pricing, payment, delivery, returns, warranties, and liability. If you have any questions regarding these terms, please contact us at Campbells Garden Machinery before placing an order.

Campbells Garden Machinery’ is a trading name of ‘Harrison Hire & Sales’ (CGM/HHS)

1) Formation of contract

CGM/HHS contracts with the Customer in accordance with the following terms only. These terms are deemed to be accepted by the Customer unless express written variations are negotiated which may only be authorised on the behalf of CGM/HHS by a partner of the Firm.

2) Orders

Orders accepted by CGM/HHS either orally or in writing shall not be cancelled either wholly or in part, nor may the Customer suspend deliveries thereunder without the consent in writing of a partner of the Firm and subject to compliance by the Customer with such reasonable requirements as to compensation for costs incurred by CGM/HHS.

3) Prices

a. Prices are always those ruling at the time of delivery of the goods or hire of the equipment, and are subject to VAT.

b. CGM/HHS reserve the right to alter charges without prior notification. Charges are normally reviewed in January, but we reserve the right to review them at any time.

c. Price Matching is at the discretion of CGM/HHS, is not a given, requires immediate payment (not available to put onto credit account) and all conditions as per the company we may agree to match (i.e. supply in a box only, does not include assembling the machine, lubrication, fuelling or testing etc), otherwise the CGM selling price stands.

4) Despatch

  1. CGM/HHS reserve all rights as to whether to use its own transport.
  2. Where outside carriers are used, CGM/HHS where possible will follow the Customer’s request.
  1. The Customer must immediately notify CGM/HHS in writing if the goods have not been received within ten days of the date of the Firm’s advice note or invoice.
  2. The Customer must notify CGM/HHS and the Carrier in writing within one working day of receipt of any breakage or shortage.
  3. CGM/HHS when notified of any damage in transit reserves the option to repair or replace the goods providing notification of damage has been made within one working day of receipt and all rules and conditions of the Carrier relating to damaged, destroyed or missing goods have been complied with.
  4. Risk shall pass to the Customer on delivery notwithstanding that ownership shall remain with CGM/HHS until payment is made.

 

5) Property and risk

  1. Until the price for the goods has been paid in full to CGM/HHS, the Customer shall remain a bailee only and the ownership of the goods shall remain with CGM/HHS. Similarly where parts are supplied by CGM/HHS in contracts of repair, service, rectification or modification, the property in parts will remain with CGM/HHS until payment is made by the Customer.
  1. If the customer incorporates goods owned by CGM/HHS into other products with the addition of his own goods or those of others, or uses such goods as materials for other products with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to CGM/HHS and the Customer as bailee of them will store the same for CGM/HHS in a proper manner without charge to the Firm.
  2. The Customer has the right to sell the goods or such other products to a bona fide purchaser within the framework of the normal carrying on of his business and to deliver them on condition that if CGM/HHS so requires the Customer as long as he has not fully discharged his debt to CGM/HHS shall hand over to the Firm claims he has against his purchaser emanating from this transaction. Where CGM/HHS exercises this requirement it will account to the Customer for any excess of proceeds from the Customer’s purchaser less any expenses necessarily incurred.
  3. Where the Customer received payment from his purchaser for goods belonging to CGM/HHS, the Customer has a fiduciary duty to the Firm to account to CGM/HHS for the proceeds but may retain therefrom any excess of such products over the amount outstanding and due to CGM/HHS.
  4. The Customer grants CGM/HHS an irrevocable right and license to enter the Customer’s premises where CGM/HHS goods are in possession for the purpose of repossession and this right and license shall extend to any authorized employee or agent of the Firm and to the Firm’s vehicles.

6) Instructions for safe use

Customers are advised to ensure that themselves, their employees agents and purchasers read the instructions supplied with the goods, follow those instructions and if they have any difficulty in interpreting the instructions shall seek advice from CGM/HHS prior to using any machine.

7) Returns Policy

CGM/HHS disclaims any liability for goods returned without their written consent. The Firm disclaims liability for any return whilst in transit to CGM/HHS. CGM/HHS reserves the right to charge a 20% handling charge where this is justified i.e. items that have been imported specially. A successful return will be refunded within 5 days of the item returning to us.

8) Settlement terms

Payment terms are immediate, unless the Customer has a Credit Account with CGM/HHS

CGM/HHS reserve the right to charge interest on overdue accounts, at a rate in line with the BOE B/R active at that particular time.

9) Conditions

The rights of CGM/HHS or the Customer shall not be prejudiced or restricted by an indulgence or forbearance extended by either party to the other and waiver of rights by either party in respect of any breach by the other shall operate as a waiver in respect of any other or subsequent breach.

10) Force Majeure

CGM/HHS accepts no responsibility for loss, delay or non-delivery arising by reason of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lockouts, storm, flood, fire or any other circumstances (whether of the kind hereinbefore mentioned or not) beyond the control of the Firm.

11) Legal Construction

These terms shall in all respects be constructed and operate as an English contract in conformity with English law.

12) Oral Variation

No employee of CGM/HHS is authorised to vary these conditions orally and all oral variations shall be null and void.

13) Warranty

CGM/HHS undertake to return to the manufacturer any goods for warranty claims provided that the original machines have been registered under the manufacturer’s terms and that such goods are accompanied by the relevant details required by the manufacturer. CGM/HHS do not accept any liability for any such claims which are rejected by the manufacturer for whatever reasons. It is the responsibility of the Customer to return items to CGM/HHS for transfer to the manufacturer.

14) Liability

CGM/HHS will be liable for direct loss and damage to persons or property to the extent caused by our negligence in the performance of our obligations but not otherwise provided that:-

  1. Our total liability for such loss or damage shall not exceed £500,000.
  1. CGM/HHS shall not be liable to its agents or customers for any loss of profits or contracts or other consequential loss.
  2. Written notice of a claim shall be given to us not later than three months from the date of the occurrence giving rise to the loss or damage above referred to.

CGM/HHS’s liability in respect of any defect or failure of the goods supplied or for any loss or injury or damage attributable thereto and all warranties conditions or liabilities are hereby excluded. Except as provided above and except for our liability for death or personal injury caused by our negligence. Please also see our Privacy Policy here.