Our aim is never to mislead a customer regarding the purchase of goods and services from us, therefore, we have outlined below our terms and conditions.

Davies Implements Limited – Terms and Conditions of Sale and Service

These terms apply to every sale of new and used machinery, parts and goods, and to all servicing and repair work, carried out by Davies Implements Limited. Clauses marked [Consumers only] or [Business customers only] apply only to that type of customer; all other clauses apply to everyone.

1. About us and how these terms apply

1.1 Who we are. Davies Implements Limited, a company registered in England and Wales (00606593). Our registered office and trading address is: Blaenteg, Trevaughan, Carmarthen [postcode]. VAT number GB122169307. Telephone 01267 237726. Email sales@daviesimplements.co.uk

1.2 Business customers and consumers. A consumer is an individual buying wholly or mainly for purposes outside their trade, business, craft or profession. Anyone else, including farms, contractors, estates and companies, is a business customer. Please tell us when ordering if you are buying as a consumer.

1.3 Your statutory rights. If you are a consumer, nothing in these terms affects your legal rights under the Consumer Rights Act 2015 or other consumer law. For advice on your rights, contact Citizens Advice.

1.4 Quotations. Quotations are valid for [30] days unless stated otherwise and are subject to availability. We may correct obvious errors in prices or descriptions before the contract is made.

1.5 When a contract is made. A contract is formed when we accept your order, which happens when we confirm it in writing (including by email or invoice), accept a deposit or payment, or begin work. A signature is not required. By placing an order, paying a deposit or authorising work, you agree to these terms.

1.6 Changes. Any variation to these terms must be agreed in writing by us. Our sales team’s written confirmation of a special arrangement (for example, free delivery) forms part of the contract.

2. Prices, deposits and payment

2.1 VAT. Prices quoted to business customers are exclusive of VAT, which is added at the current rate. Prices quoted to consumers will state clearly whether VAT is included; if not stated, the total including VAT will be shown before you order.

2.2 Delivery and extras. Delivery, assembly and other services are not included in the price unless stated in writing.

2.3 Special-order price changes. Where a machine is ordered from a manufacturer and the manufacturer increases its price before the machine arrives, we will tell you before delivery. You may then accept the new price or cancel, in which case any deposit will be dealt with under clause 2.6.

2.4 Deposits. We may ask for a deposit when you reserve a machine or place a special order. The amount will be confirmed in writing at the time.

2.5 [Business customers only] Non-refundable deposits. Deposits paid by business customers are non-refundable if you cancel the order, unless we agree otherwise in writing.

2.6 [Consumers only] Deposits if you cancel. If you cancel an order (other than under your legal cancellation rights in section 9, or because of our fault), we may keep from your deposit an amount that covers our reasonable costs and losses, such as a manufacturer’s cancellation or restocking charge or carriage costs. We will refund the balance.

2.7 If we cancel. If we are unable to fulfil an order for any reason other than your breach of these terms, we will refund any deposit in full.

2.8 Payment in full. Machines and goods will not be released for collection or delivery until payment has been received in full in cleared funds, unless we have agreed credit or finance terms in writing.

2.9 Payment methods. We accept bank transfer or cheque for whole goods. We do not accept cash payments over £1000. Finance may be available through third-party providers, subject to status.

2.10 [Business customers only] Credit accounts. Where we have opened a credit account, invoices are payable within [30] days of the invoice date. We may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998, together with fixed-sum compensation and reasonable recovery costs. We may suspend supply or work while any amount is overdue.

2.11 Service and parts accounts. Payment for servicing, repairs and parts is due on completion or collection unless a credit account is in place.

3. Reserving machines and special orders

3.1 Reserving a stock machine. We will only reserve a machine at your request and on payment of a 10% deposit. We will hold the machine for 7 days unless our sales team agrees a longer period in writing. If the balance is not paid within that period, we may release the machine for sale and clause 2.5 or 2.6 will apply to the deposit.

3.2 Special orders. A machine that is not a stock item (a special order) will only be ordered from the manufacturer once we have received a deposit of 50% of the price (including VAT where applicable).

3.3 Special-order specifications. Please check the specification, options and colour on your order confirmation carefully. We will order exactly what is confirmed, and changes after the order is placed may not be possible or may incur a charge from the manufacturer.

3.4 Lead times. Lead times given for special orders are the manufacturer’s estimates and are not guaranteed (see clause 4.9).

4. Delivery and collection

4.1 Delivery charges. Delivery is charged in addition to the price unless otherwise stated or agreed in writing with our sales team before purchase.

4.2 Economy kerbside delivery. Where possible, we offer an economy kerbside delivery service (up to 4 working days). The carrier will contact you beforehand to arrange a suitable day for handover. The delivery charge covers one delivery attempt.

4.3 Access. Please check that your access is suitable for an 18-tonne lorry. You must tell us before delivery about any access restrictions, such as narrow lanes, weight limits, low bridges or soft ground.

4.4 Offloading. Unless we tell you otherwise, you must provide suitable equipment and a competent operator to offload up to 1,200 kg. In some cases it may be possible to use the lorry’s tail lift; we will confirm this in advance.

4.5 Failed or repeat deliveries. If delivery cannot be completed because of access or offloading problems you did not tell us about, or because nobody is available at the agreed time, you must pay for any redelivery. If the goods were already in transit, the delivery charge will not be refunded.

4.6 Our right to cancel. If you repeatedly fail to accept delivery or to arrange suitable access, we may cancel the order after giving you written notice. We will refund what you have paid, less our reasonable costs (including carriage, storage and any restocking charge).

4.7 General haulage. If you need more than kerbside delivery, we can quote for a general haulage service.

4.8 Checking goods on delivery. Please inspect the goods on delivery or collection. Note any visible damage or shortage on the delivery note and tell us within 48 hours. If you cannot inspect at the time, sign as “unchecked”. This does not affect a consumer’s rights in respect of faults found later.

4.9 Delivery dates. Delivery dates are estimates. We will try to meet them but are not responsible for delays caused by manufacturers, carriers or events outside our control (section 13).

4.10 [Consumers only] Late delivery. If no delivery date is agreed, we will deliver within 30 days of the contract, unless it’s a special order where a manufacturer must produce the goods which may take up to 6 months from order date. If we fail to deliver within the agreed time (or within 30 days), you may set a further reasonable deadline and, if we miss that, cancel and receive a full refund.

4.11 [Business customers only] Time of delivery is not of the essence, and we will not be liable for any loss caused by delay.

4.12 Collection. Machines must be collected within [14] days of our notice that they are ready. After that, we may charge reasonable storage.

5. Risk and ownership

5.1 Risk. The goods are your responsibility from the time they are delivered to the address you gave us or collected by you or your carrier.

5.2 Ownership. Ownership of the goods passes to you only when we have received payment in full in cleared funds for those goods. Until then:

• • you must keep the goods safe, insured and identifiable as our property;
  • you must not sell, hire out or use the goods as security;
  • [Business customers only] we may enter your premises at reasonable times, on notice, to recover the goods if payment is overdue.

6. Machine preparation, assembly and manuals

6.1 Pre-delivery checks. All machinery is checked before delivery or collection and, where appropriate, tested under load.

6.2 Assembled or kit form. Most machines are supplied built and ready for work. Some are supplied in kit form for assembly on arrival; we will tell you before you buy if this applies. We can build the machine for you at an additional charge.

6.3 Operator’s manuals. An operator’s manual is supplied with each machine, either printed or as an online link from the manufacturer. If you have not received the manual or link, please contact us before building or using the machine.

6.4 Handover. Where we deliver or hand over a machine in person, we will offer a basic demonstration of its safe operation. This is not a substitute for reading the manual or for formal operator training.

7. Part-exchange

7.1 By offering a machine in part-exchange, you confirm that you own it outright, that it is free of any finance or other claim, and that its description, age, hours and condition are as you have told us.

7.2 Our part-exchange allowance is based on the machine being in the condition described when we valued it. If its condition has changed by the time it is handed over, or your description was inaccurate, we may revise the allowance.

7.3 Ownership of the part-exchange machine passes to us when it is handed over. If finance is later found to be outstanding on it, you must settle it, or repay the allowance to us.

8. Faulty goods, warranty and returns

8.1 Reporting a fault. If you believe a machine or part is faulty, stop using it if it is unsafe to continue, and contact us as soon as possible. Please do not attempt repairs or have a third party work on it without our agreement, as this may affect the manufacturer’s warranty.

8.2 [Consumers only] Your legal rights. As the seller, we are responsible to you for goods that are not of satisfactory quality, not fit for purpose, or not as described. In summary:

• • within 30 days of delivery, you can reject faulty goods for a full refund;
  • after 30 days, you are entitled to a repair or replacement and, if that fails, a price reduction or refund (which may be reduced for the use you have had);

This is a summary only and does not limit your legal rights.

8.3 Manufacturer’s warranty. Most new machines carry a manufacturer’s warranty. Its length and terms vary by manufacturer, and we will provide details on request. Warranty claims should normally be made through us. For consumers, the manufacturer’s warranty is in addition to, and does not replace, your legal rights in clause 8.2.

8.4 What warranties do not cover. Manufacturer’s warranties do not usually cover wear-and-tear items (such as tines, blades, belts, chains, tyres and filters), damage from misuse, accident, overloading, lack of maintenance, use of non-genuine parts, or unauthorised modification.

8.5 [Business customers only] Our liability for faulty goods. Where goods supplied to a business customer are defective, our liability is limited to repairing or replacing the goods or the defective part, or refunding the price, at our option, and to passing on the benefit of the manufacturer’s warranty. All other warranties and conditions implied by law are excluded, so far as the law allows.

8.6 Returns of goods that are not faulty. We do not accept returns of machinery that is not faulty unless agreed in writing. Unused parts in original packaging may be returned within [14] days with proof of purchase, subject to a restocking charge of up to [15]%. Electrical parts, special-order parts and parts that have been fitted cannot be returned. This clause does not affect a consumer’s cancellation rights under section 9.

8A. Used machinery

8A.1 How these terms apply. These terms apply to used machinery as they do to new machinery, except where this section says otherwise. References to the manufacturer’s warranty do not apply to used machinery unless any remaining warranty transfers to you and we confirm this in writing.

8A.2 Condition. Used machinery has been previously owned and used. Its condition, appearance and performance will reflect its age, hours and previous use, and it will not be of the same standard as a new machine. The price reflects this.

8A.3 Description. We will describe each used machine as accurately as we can. Stated hours, year of manufacture and service history are given in good faith from the information available to us, and we will tell you if we cannot verify them.

8A.4 Known faults. Any faults or defects we point out to you before sale, or which are recorded on the sales invoice or condition report, are accepted by you and are not grounds for a later claim.

8A.5 Inspection. We strongly recommend that you inspect, and where practical see a demonstration of, any used machine before buying. If you buy without inspecting, you accept the machine as described by us.

8A.6 Preparation. Used machines are checked before sale. We will tell you whether a machine is sold serviced and prepared, or sold in its current condition.

8A.7 Warranty on used machinery. Any warranty we give on a used machine will be stated in writing on the invoice, including its length and what it covers. If no warranty is provided it will clearly state ‘no warranty’.

8A.8 [Business customers only] Sold as seen. Where a used machine is sold to a business customer “as seen” or “sold as seen”, this is stated on the invoice. It is sold in its current condition with no warranty, and all conditions and warranties implied by law about its quality and fitness for purpose are excluded, so far as the law allows.

8A.9 [Consumers only] Your rights. Used machinery sold to consumers must still be of satisfactory quality, taking into account its age, hours, price and description, and must match the description we give. You are not entitled to a remedy for faults we told you about before sale, for faults you should have noticed on inspection, or for normal wear and tear consistent with the machine’s age and use. Any reduction to a refund will take into account the use you have had of the machine. “Sold as seen” does not remove these rights.

9. [Consumers only] Your right to cancel

9.1 When it applies. If you are a consumer and you ordered by phone, email, online, or anywhere other than our premises, you have the right to cancel within 14 days without giving a reason. This right does not apply to goods bought in person at our premises.

9.2 The cancellation period. For goods, the 14 days run from the day after you (or someone you nominate) receive the goods. For services, they run from the day after the contract is made.

9.3 How to cancel. Tell us clearly in writing, by email to [insert] or by letter to our trading address. You may use the model cancellation form we provide, but you do not have to.

9.4 Returning goods. You must return the goods within 14 days of cancelling or make them available for us to collect. Unless we agree otherwise, you pay the cost of return; for large machinery we will tell you the likely cost before you order. Please keep the goods safe and in the condition, you received them.

9.5 Refunds. We will refund the price and the standard delivery charge within 14 days of receiving the goods back (or evidence that you have returned them). We may reduce the refund if the goods have been handled or used more than necessary to inspect them.

9.6 Exceptions. The right to cancel does not apply to goods made or adapted to your personal specification, or to services you asked us to complete within the cancellation period once they are fully performed. If you ask us to start a service within the 14 days and then cancel, you must pay for the work done up to that point.

9.7 Special orders. A standard machine ordered from a manufacturer is not “made to your specification” merely because it is not in stock, so the right to cancel still applies to distance and off-premises orders for such machines.

10. Servicing and repair

10.1 Charges. Work is charged at our current labour rates plus parts, consumables and any travel or call-out charge. Current rates are available on request. A minimum charge of [one hour] applies.

10.2 Estimates and quotations. An estimate is our best guess of the likely cost and may change. A quotation is a fixed price for the work described. If, during the work, we find that the cost will exceed the estimate by more than [10% or £x], we will contact you for authority before continuing.

10.3 Inspection charges. If you decide not to proceed after we have dismantled or inspected a machine to diagnose a fault, you will pay for the time spent and, if required, for reassembly.

10.4 Additional work. We will not carry out work beyond what you have authorised, except work needed to make the machine safe, which we will tell you about.

10.5 Replaced parts. Replaced parts will be disposed of unless you ask for them back when booking the work. Parts returned to a manufacturer under warranty cannot be returned to you.

10.6 Our workmanship. We will carry out services with reasonable care and skill. We guarantee our workmanship for [3 months] and parts we fit for the period of the parts manufacturer’s warranty. Please report any problem promptly so we can put it right.

10.7 On-site work. Where we work at your premises, you must provide safe access and a safe, reasonably clean working area, isolate or make safe any associated equipment, and tell us about any known hazards. Extra time caused by unsafe or unsuitable conditions may be charged.

10.8 Machines in our care. Please remove personal items and loose equipment before leaving a machine with us. We take reasonable care of machines on our premises, but they are left at your risk except for loss or damage caused by our negligence.

10.9 Collection after repair. We will tell you when your machine is ready. Payment is due before release. If it is not collected within [14] days, we may charge storage at £[x] per day.

10.10 Uncollected machines. If a machine remains uncollected, we will write to you at your last known address. If it is still not collected within the period stated in that notice (at least [3] months), we may sell or dispose of it under the Torts (Interference with Goods) Act 1977. We will deduct what you owe us, including storage and the costs of sale, and account to you for any balance.

11. Safe use

11.1 You are responsible for ensuring that machinery is used only by competent, suitably trained operators, in accordance with the operator’s manual, with the correct guards and protective equipment in place.

11.2 You must make sure the machine is compatible with any tractor or equipment you use it with (including PTO speed, hydraulic and linkage requirements), unless you asked for and relied on our advice on this.

11.3 [Business customers only] You are responsible for your own obligations under health and safety law, including the Provision and Use of Work Equipment Regulations 1998.

12. Our liability

12.1 What we never exclude. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law. For consumers, nothing limits your rights described in clause 8.2.

12.2 [Consumers only] We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for losses that were not foreseeable, or for business losses: we supply to consumers for domestic and private use only.

12.3 [Business customers only] We will not be liable for any loss of profit, income, crops, livestock, contracts or production, downtime, hire of replacement equipment, or any indirect or consequential loss, however caused. Our total liability arising from any contract is limited to the price paid for the goods or services concerned.

12.4 We are not responsible for faults caused by misuse, accident, lack of maintenance, use contrary to the manual, unauthorised repair or modification, or normal wear and tear.

13. General

13.1 Events outside our control. We are not liable for delay or failure caused by events beyond our reasonable control, such as manufacturer supply problems, transport disruption, extreme weather, fire, flood, strikes or pandemic. We will tell you as soon as possible, and if the delay is lengthy either of us may cancel and we will refund any money paid for goods not supplied.

13.2 Your information. We use your personal information to process orders, deliver goods, provide servicing and keep warranty records, in line with our privacy notice [link/available on request]. Your details may be shared with manufacturers for warranty registration and with carriers for delivery.

13.3 Complaints. If you are unhappy with our goods or service, please contact [name/role] on 01267 237726 or [email]. We aim to acknowledge complaints within [5] working days and to resolve them as quickly as possible.

13.4 Severability. If any part of these terms is found to be unenforceable, the rest will remain in force.

13.5 Third parties. No one other than you and us has any right to enforce these terms.

13.6 Governing law. These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. Consumers living in Scotland or Northern Ireland may also bring proceedings in their local courts.

13.7 Language. These terms are available in English. [A Welsh-language version is available on request / Mae fersiwn Gymraeg ar gael ar gais.]

Last updated January 2026

‘BUSINESS TO CONSUMER – ON PREMISES – SUPPLY OF GOODS 2019’ or
‘BUSINESS TO BUSINESS – TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES

Should you have any queries regarding the above terms or require additional information please do not hesitate to contact us.