Terms and Conditions of Sale

South Wales Equipment Ltd operates under the following terms and conditions of sale which are effective from the 1st January 2023:

1. Definitions

The ‘Supplier’ means South Wales Equipment Ltd whose trading address is Unit 18a Pant Industrial Estate, Dowlais, Merthyr Tydfil, CF48 2SR (Company Registration Number: 11101824).

The ‘Customer’ means the purchaser of goods (new and used forklift trucks) and services from the Supplier.

2. Specification

All specifications, sizes and descriptions provided by the Supplier are approximate only and intended to provide a guide to the characteristics of the goods.

Unless specified in writing, all hour readings are not warranted by the Supplier.

Such information does not constitute any contractual liability accepted by the Supplier.

3. Price, Payment and Deposits

All product prices are shown in Pounds Sterling (£ GBP). All prices exclude delivery and VAT at the prevailing rate unless otherwise stated in writing.

Payment is accepted by cash, bank transfer or cheque. Time for payment shall be of the essence.

Any deposits paid by the Customer in respect of a new forklift truck or used forklift truck are non-refundable unless otherwise agreed in writing with the Supplier.

4. Title and Risk

The title of the goods will pass from the Supplier to the Customer upon receipt of full payment. The goods shall be at the Customer’s risk immediately from transfer of title.

5. Delivery

Once the Supplier has received cleared payment from the Customer, delivery of the goods will take place as soon as practicable.

Delivery dates quoted are approximate only and do not form part of the sales contract. However, the Supplier will endeavor to meet the Customers’ requirements.

The Supplier will not be held liable for any costs incurred in the case of deliveries that are unable to be accepted at the destination. For deliveries cancelled less than 24 hours from the scheduled time of loading, the Supplier reserves the right to charge a cancellation fee.

Loss or damage to the goods in transit must be reported both to the Haulage Company and the supplier within 24 hours of the occurrence. The Supplier does not accept responsibility for any such loss or damage unless the forklift truck has been delivered by its own transport.

6. Warranty

6.1 New Forklift Trucks

All new forklift trucks sold by the Supplier are warranted by their respective manufacturers. Kindly refer to the warranty documentation provided upon purchase.

6.2 Budget Used Forklift Trucks

All budget used forklift trucks sold by the Supplier are covered by their respective warranties. The Supplier warrants that the truck will satisfactorily perform the duties which may be reasonably be expected from a forklift truck of the specification, age and condition for the duration of the warranty period providing the following conditions are met:

  1. The Customer protecting the forklift truck from damage.
  2. The Customer operating the forklift truck only for its designed purpose and within its specified capacities.
  3. The Customer ensuring that the forklift truck is used only by licensed operators.
  4. The Customer maintaining the forklift truck properly.
  5. The Customer reporting any faults requiring attention under warranty before the end of the warranty period. Any faults reported by the Customer after the warranty period has expired, will not be eligible for repair.

6.2 Bargain Used Forklift Trucks

All bargain used forklift trucks are sold in their existing condition and no guarantee or warranty is given by the Supplier, the Customer having had every opportunity of inspection and examination and a test of sufficient length before entering into the contract.

7. Warranty Exclusions

The supplier will not accept responsibility under its warranties where:

  1. The forklift truck has been damaged after title has passed to the Customer.
  2. The forklift truck has been operated incorrectly or outside of its recommended environment and capacity.
  3. The Customer has modified the forklift truck in any way.
  4. The Customer attempting to repair the forklift truck or tampering with it.

The warranty does not include a refund of the purchase or delivery price

Warranties are only applicable for forklift trucks sold within the United Kingdom. Export sales and trade sales are not covered by the Supplier’s warranty.

8. Limitations of Warranty

The Supplier accepts no responsibility beyond the costs associated with repairing the forklift truck up to the overall value specified in the warranty documentation.

Specifically, the Supplier accepts no responsibility for:

  1. Any repairs funded directly by the Customer without the written permission of the Supplier.
  2. Any costs of hiring a replacement forklift truck during any period that the supplied forklift truck is inoperative.
  3. Any claims for lost business, lost opportunity or any other costs related to an inoperative forklift truck.

9. Battery Chargers

If a battery charger is provided by the Supplier, the installation of the battery chargers is not included in the price.

It is the responsibility of the Customer to ensure that battery chargers are installed by a qualified electrical engineer.

The Supplier accepts no liability for loss or damage of any kind resulting from the incorrect installation of battery chargers.

10. Force Majeure

The Supplier shall not be liable for any failure to observe, or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotions, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, prohibition of import or export, delay in delivery by suppliers or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.

11. Jurisdiction

These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non–exclusive jurisdiction of the English courts.

The Supplier does not accept amendments to these terms and conditions.

These terms and conditions cover all orders placed with South Wales Equipment Ltd (The Supplier) via phone, e-mail or in person.