Terms and Conditions of Use

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These terms and conditions are applicable to the purchase of used diesel generators, any new or used plant and any items associated with works to be carried out or any services sold or supplied by Usedgens. In these terms and conditions, the ‘Buyer’ means Usedgens, office; Unit 85 Jetty Road, Kingsnorth Industrial Estate, Rochester, ME3 9ND, United Kingdom.

The ‘Seller’ means the person, company or any entity who sells or agrees to sell their equipment to the ‘Buyer’.

Agreement of Purchase:

Acceptance of any order by the Buyer is conditional upon the Sellers acceptance of the terms and conditions of purchase contained herein, on any pages attached hereto, and in the Buyer’s offer or in the Buyer’s acknowledgement of order, if any. Any terms and conditions of the Seller order are inconsistent with these terms and conditions will be rejected, will not be binding on Buyer, or applicable to the sale/purchase and/or collection/removal, or services referred to herein. These conditions shall apply to the exclusion of any other terms and conditions howsoever referenced by the Seller. This agreement shall not create or give rise to any third-party rights except the extent expressly stated herein. The application of any legislation, including but not limited to the Contracts (Rights of Third Parties) Act 1999, giving to or conferring on third parties contractual or other rights in connection with this Agreement shall be excluded. No waiver, alterations, or modification of the provisions hereof shall be binding on the Buyer unless agreed to in writing by a duly authorised representative of Buyer. The waiver by either party of any breach of this Agreement shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent or contemporaneous, of this Agreement. The Buyer, in its sole discretion, may add or partially add its rights and/or delegate or partially delegate the performance of its duties with respect to this Agreement and/or any order placed by Seller under this Agreement. In the event of such assignment and/or delegation to an affiliate of Buyer, such affiliates terms and conditions of service may apply where necessary to the extent they are inconsistent with, or in addition to, the terms and conditions of purchase stated in this Agreement.

Prices and Payments:

Prices shall be agreed and binding upon acceptance of any order acknowledgement, in effect on the date of the planned works relating to the goods and less any costs resulting from Seller-caused delays. Seller will invoice prior to supply of services and collection by the Buyer. Buyer will not be required to pay any upfront fees or deposits and the full balance will not be due until the day of collection of equipment.

Taxes:

All prices offered and agreed do not include any sales, use, excise or other taxes which Seller may be required to pay in connection with the transaction. Buyer shall pay the amount of any applicable Value Added Tax additionally to the offer amount pending satisfactory evidence of Value Added Tax registration from taxing authorities.

Domestic UK VAT reverse charge legislation – Powertech Generators will assume you ‘the customer’ is the end user or an intermediary supplier and therefore normal VAT charging rules apply unless otherwise notified to ourselves in writing.

Claims and Liability:

Buyer shall not be liable for special, indirect or consequential losses or damages for any claim of any kind, including claims for negligence, or for any loss or damage arising out of or in connection with, or resulting from any order accepted by Seller. Save that nothing in these conditions shall have the effect of excluding or limiting Buyers liability for death or personal injury resulting from Buyer’s negligence. The fulfilment of any order or service accepted by Buyer is subject to but not limited by, the following list: any event of force majeure, strikes, labour disputes lockouts, accidents, fires, delays in manufacture or in transportation or delivery of materials, floods, severe weather or other acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of the Buyer, whether similar to, or different from, the causes above enumerated, whether affecting the Buyer or Buyers suppliers, and any such causes shall absolve the Buyer from any liability to the Seller.

Delivery of Services:

Estimated work dates are approximate. Delivery of services under an order accepted by the Buyer shall be subject to the approval by the Buyer of the Sellers financial condition at time of commencement of services. Whether or not credit terms are specified elsewhere. If at Sellers request, delivery of services on an order accepted by Buyer is delayed beyond the date agreed for delivery of services, Buyer may require immediate payment in full or part and/or assess additional charges for expenses incident to such delay.

Delays to Delivery and Cancellations:

In the absence of other written agreement between Buyer and Seller governing cancellation, an order accepted by Buyer may be cancelled by Seller only upon written notice to Buyer and payment of Buyers cancellation charges. At Sellers request, Buyer will furnish a statement of such charges prior to cancellation. Seller shall pay for freight, storage, extra costs for handling and other expenses that may be incurred thereby, with a cancellation fee as set out below in ‘CANCELATION FEES’.

Governing Law:

These terms and conditions of services shall be governed and construed under the laws of the United Kingdom. No remedy herein provided shall be deemed exclusive of any other remedy allowed by law or equality.

Right to Terminate:

Buyer shall be entitled to cancel forthwith on written notice to and without any liability to Seller for any works planned or accepted by Seller, if Seller makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation or receiver is appointed over any property or assets of the Seller or the Seller ceases or threatens to cease carrying on business or is unable in the Buyers reasonable opinion to meet its debts as they fall due.

On site services

Prior to the pre-arranged date and time of the services, it is the responsibility of the customer to ensure the RAMS provided by Usedgens have been adhered to and that the site and generator set is prepared and ready for the scheduled services/de-commissioning.

In the event that the requirements of the site have not been met or are deemed by the engineer to be unsuitable, the engineer may, at their discretion and when reasonably possible to allow, give one hour for corrections to be made, if this is warranted and achieved, the scheduled work will continue. If the site is not made suitable, the scheduled work will be aborted and the fees paid for the visit will be charged in full. In the event that this has been pre-paid, no refunds will be granted.

Transfer of ownership and payment of services

1. The risk of loss of or damage to the products shall pass to the Buyer at the time of delivery or collection
2. The property in the products shall pass to the Buyer upon full payment of agreed sums or completion of agreed decommissioning/removal works.
3. Except where full payment is made in cash for services supplied by the Buyer the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the Seller has been met on presentation or otherwise honoured in accordance with its terms.
4. If the Seller defaults in the punctual payment of any sum owing from services provided then the Buyer shall be entitled to demand for or implement recovery of monies or to sue for the whole of the price, in addition to any interest owing charged at the rate outlined in the ‘Statutory Interest rate’ terms

Cancellation fees

Once the equipment has been valued, agreed, services outlined and the order acknowledged by way of the return of a signed copy, from the Seller, of the order acknowledgement. If in due course the order is cancelled, after a 5 day cooling off period (unless the required works are sooner than 5 days from order acknowledgement), a cancellation fee will be charged. The cancellation fees will be assessed based on the services required on a project by project basis and outlined in the order acknowledgement.

1. 5 day cooling off period from order acknowledgement date, 0% (unless the works are required to commence sooner than 5 days, then clause 3 will take effect)
2. Any time from 6 days after order acknowledgement up until 7 days prior to works commencement date, 80% of the value of services
3. Within 7 days of work commencement date, 100% of the value of services
4. IN ALL CASES THE INITIAL OFFER BASED ON THE VALUE OF THE EQUIPMENT WILL BE RECINDED.

Please note clause 3 (above) will take priority in all cases, at any point if the works are cancelled within 7 days of the works commencement date.

Storage charges

• On completion of Buyers decommissioning works if an outstanding balance is due and payment of such balance remains outstanding beyond the agreed period then storage charges for the collected equipment may be charged, in addition to interest on the balance owing charged at the rate outlined in the ‘Statutory Interest rate’ terms

Limitation of liability

•  This agreement shall not operate to limit or exclude our liability to you for:
• death or personal injury caused by our negligence;
• fraudulent concealment;
• any liability which, by law, cannot be limited or

Any invalidity or unenforceability of any provision in this agreement shall not affect or impair the continuation in force of the remainder or any other part of this agreement.

• If we become liable to you under the above terms or in any other circumstance (including our negligence or breach of duty) then our liability to you shall be limited (on the basis that you agree with us this is a reasonable condition of the contract) to; What we have charged you for the goods or services or £500.00 whichever is less, if we do not carry out the works needed to rectify any defects.
• Any claim on us must be notified to us in writing within 1 months of the date you become aware of the facts which give rise to the claim, and this written notification should contain a brief explanation of those facts.

All sales of services and any related decommissioning works are made under our terms and conditions of purchase. No other terms either expressed or promised shall be used above our written terms and conditions of purchase.