TERMS AND CONDITIONS

SM Plant Limited. Registered Office: Barclays Bank Chambers, Bridge Street, Stratford-upon-Avon, CV37 6AH. Registered in England & Wales, registration number 2159064.

• All invoices are payable 30 days nett unless otherwise stated in the “payment terms” shown on the front of an invoice.  Invoices not paid by the due date could be subject to interest charges.
• Title in the goods shall not pass to the customer until the amount due under the invoice for them (including any interest) has been paid in full and until title passes the customer shall hold the goods as bailee forms SM Plant who at any time before title passes repossess, dismantle, use or sell all or any of the goods and by doing so terminate the customer’s right to use, sell or otherwise deal in them, and for that purpose or to determine what of the goods are held by the customer enter any premises occupied by the customer.
• SM Plant shall be entitled to maintain any action for the price of the goods notwithstanding that title in them has not passed to the customer.
• Delivery occurs when SM Plant makes the goods available to the customer, or their agent or carrier and risk in the goods passes when they are delivered to the customer and any dates quoted by SM Plant for delivery are approximate only and shall not form part of the contract and they shall not be liable for any penalty for delay or failure to deliver on any date so quoted nor shall the customer be entitled to refuse to perform the contract as a consequence.
• Under no circumstances shall SM Plant have liability of whatever kind for:- 

1. any defects resulting from wear and tear, damage, accident, improper use, adjustment or modification.
2. the suitability of any goods for any particular purpose whether or not known to SM Plant. 
3. any substitution by SM Plant of any materials or components.
4. any descriptions, illustrations, specifications, figures as to performance, drawings, and particulars of weights and dimensions given by SM Plant.
5. any technical information, recommendations, statements or advice furnished by SM Plant, its servants or agents.
6. For the avoidance of doubt in the case of second-hand goods SM Plant gives no guarantee or warranty that such goods are suitable for the customer’s needs or are fit for the purpose intended or in working order and the customer should inspect the goods prior to the sale.

• SM Plant shall have no liability to the customer for any loss or damage of any nature from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of SM Plant their servants or agents or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting from the negligence of SM Plant their servants or agents and as is expressly stated in these conditions.