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Terms and Conditions of Sale
Used Machinery - United Kingdom

Version 1.1 — October 2026 

These terms apply to every sale of used machinery and associated services by Moving Machines Ltd (company number 15478322) (“the Seller”) to a business customer in the United Kingdom (“the Buyer”). 

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1. Application

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  • These terms apply to every quotation, order and invoice issued by the Seller, and override any terms the Buyer puts forward. 

  • Where the parties sign a sales agreement for a particular sale, that agreement takes precedence over these terms where the two differ. 

  • These terms are for business customers only. They are not intended for consumers. 

  • Sales to buyers outside the United Kingdom are made only under a sales agreement signed by both parties. 

  • A contract is formed when the Seller confirms the Buyer’s order in writing (including by email) or issues an invoice, whichever happens first. 

  • The Seller may update these terms from time to time. The version published on the Seller’s website on the date the contract is formed applies to that contract. 

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2. Goods & Services

 

  • Lines on a quotation or invoice identified by an MM reference are used machinery and are the “Goods” for the purposes of these terms. 

  • Any other line, such as delivery or calibration, is a service or charge which forms part of the price and is not part of the Goods. 

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3. Price and Payment 

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  • Prices are as stated on the quotation or invoice. VAT is charged at the prevailing rate in addition unless stated otherwise. 

  • Payment is due in full, in cleared funds, before the Goods are collected or despatched. 

  • Except while the Goods are reserved under the following paragraph, the Goods remain available for sale until the Seller has received payment in full in cleared funds. The Seller may sell the Goods to a third party at any time before that point. If it does, the contract terminates, any sums already paid by the Buyer are refunded in full, and neither party has any further liability to the other. 

  • Where the Seller accepts a deposit or part-payment, it will reserve the Goods for the Buyer for 7 days from receipt of that payment, unless a longer period is agreed in writing. If the balance is not received in cleared funds by the end of that period, the Seller may cancel the contract by notice to the Buyer and offer the Goods for sale again. 

  • If the contract is cancelled under the previous paragraph, or the Buyer withdraws from the sale, the Seller may retain the deposit. From any part-payment above the deposit, the Seller may deduct its reasonable costs and losses arising from the cancellation and will refund the balance. The Seller may, at its discretion, refund more than this. 

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4. Title and Risk

 

  • Title to the Goods passes to the Buyer when the Seller has received payment in full in cleared funds. 

  • Where the Buyer collects, risk passes when the Goods are loaded onto the Buyer’s vehicle. Where the Seller delivers, risk passes on delivery to the delivery address agreed between the parties. Where the Goods are not collected within the collection period in clause 5, risk passes to the Buyer at the end of that period. 

 

5. Collection and Delivery

 

  • Collection is by prior arrangement with the Seller, from the Seller’s premises at Tarnock or another location notified by the Seller. Where the Goods are at a third-party site, the Buyer must follow that site’s access and safety requirements. 

  • Where the Buyer is to collect, it must do so within 14 days of the Seller notifying it that the Goods are ready for collection (the “collection period”). After the collection period, the Seller may charge reasonable storage. 

  • If the Goods are not collected within 60 days of that notice, the Seller may, after giving the Buyer a further 7 days’ written notice, resell the Goods. The Seller will account to the Buyer for the proceeds of sale, less its storage, handling and resale costs and any sums the Buyer owes it. 

  • Where the Seller has agreed to deliver, delivery is to the delivery address agreed between the parties. Delivery dates are estimates only and are not of the essence. 

  • The Buyer must satisfy itself that the delivery address has safe and adequate access for the delivery vehicle, and must provide suitable equipment to offload the Goods. 

  • Offloading, siting, installation and commissioning are the Buyer’s responsibility. Any storage, waiting or redelivery costs caused by the Buyer are payable by the Buyer. 

 

6. Condition

 

  • The Goods are used machinery and are sold “as is, where is”. The Buyer is invited to inspect the Goods before purchase and relies on its own inspection. 

  • No warranty is given as to condition, performance or fitness for a particular purpose unless the Seller has agreed one in writing for that sale. 

  • All conditions, warranties and other terms implied by statute or common law, including those implied by sections 13 to 15 of the Sale of Goods Act 1979, are excluded to the fullest extent permitted by law. 

  • Before putting the Goods into use, the Buyer is responsible for ensuring they are installed, guarded and operated safely and in compliance with all applicable law. 

 

7. Documentation

 

  • The Seller will supply with the Goods any manuals, drawings, certificates or other documentation it holds. The Seller does not warrant that any documentation exists, is complete or is accurate. 

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8. Title Warranty

 

  • The Seller warrants that it has the right to sell the Goods and to pass good title to them, whether as owner or as authorised agent of the owner, and that the Goods are free from any charge or lien in favour of a third party. 

 

9. Liability 

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  • Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability which cannot lawfully be limited or excluded. 

  • Subject to that, the Seller is not liable for any loss of profit, loss of production, loss of business or any indirect or consequential loss. 

  • Subject to that, the Seller’s total liability in connection with any sale, whether in respect of goods or services, shall be limited to the total price paid for that sale. 

 

10. General

 

  • Entire agreement: these terms, together with the Seller’s quotation or invoice, are the whole agreement between the parties. The Buyer has not relied on any listing, email or conversation not set out in them. 

  • Variation: no change to these terms is effective unless agreed by the Seller in writing. 

  • Notices: notices are given by email, to the Seller at the address shown on its quotation or invoice and to the Buyer at the address it has given the Seller, and are treated as received on the next working day. 

  • Events outside the Seller’s control: the Seller is not liable for any delay or failure to perform caused by events outside its reasonable control, including failure or delay by a carrier, severe weather, or access restrictions at a third-party site. 

  • Third party rights: no one other than the Seller and the Buyer has any right to enforce these terms. 

  • Severance: if any provision is found invalid or unenforceable, the rest of these terms remain in force. 

 

11. Governing Law

 

  • These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. 

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