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Atos Maquinaria Pesada SL
TERMS AND CONDITIONS OF SALE
(This document does not limit the statutory rights of the consumer.)

GENERAL
Registered Office: Via Dos Castillas 25, 28224 Puzelo de Alarcon (Madrid), Espana.

1. These General Terms and Conditions, together with the details listed overleaf, contain all the contractual terms
between us (the Seller) and you (the Buyer) relating to the sale and purchase of the whole or part of the goods described overleaf ("the Goods"). Should you wish to make any changes or additions, please have them confirmed in writing by one of our duly authorized representatives.

 

2. You are obliged to provide us with all information necessary to comply with anti-money laundering laws and to guarantee the accuracy of this information.

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3. If this Agreement relates to the purchase of Goods, you may, within seven days of receiving notification of readiness for delivery, instruct a finance company to purchase the Goods at the purchase price. The Goods will then be delivered to the finance company, and all references to the delivery of the Goods shall be construed accordingly. Upon purchase of the Goods by the finance company, Clauses 5, 6, and 15 to 24 of this Agreement shall cease to have effect. The provisions of this Agreement relating to the trade-in of Goods (if any) shall remain in effect, but we will settle the trade-in consideration and any deposit paid to the finance company under this Agreement on your behalf.
PRICE AND PAYMENT

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4. This Agreement is entered into in England, subject to the exclusive jurisdiction of the EU courts, and construed in accordance with EU law.

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5. The purchase price is the price for the Goods, including any accessories, vehicle tax, delivery, and VAT, at the time of the order. If the rate or amount of vehicle tax, VAT, or motor vehicle tax changes between your order and delivery, the amount applicable at the time of delivery must be paid.

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6. If the importer or other supplier of the goods changes the recommended price after you place your order but before delivery, we will notify you of any proposed change to the purchase price. If we propose an increase in the purchase price or a reduction that is less than the reduction in the recommended price, you may terminate the contract within 14 days. In this case, Clause 22 will apply. If we do not receive notice of termination within this period, the purchase price will be adjusted as proposed.

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7. For the purchase of whole goods, a non-refundable deposit of ten percent (10%) is required before the item can be ordered.

8. Payment for whole goods is due prior to delivery against receipt of payment, unless otherwise stated on the invoice.

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9. Credit cards and American Express are not accepted. There are no fees for payment by debit card.

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10. For whole goods purchased with financing, a full drawing and signature of the documents is required prior to delivery.

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11. When paying an invoice via electronic payment method, the buyer is fully responsible for the correct receipt of payment into our account.

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12. Atos Maquinaria Pesada SL is not liable for delivered whole goods that are subsequently stolen and not covered by the buyer's insurance due to a lack of notification of the insurance company.

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WHOLE GOODS TRADE-IN​

13. If we have agreed to accept trade-in goods at an agreed value as partial payment of the purchase price, we are only obligated to do so if the trade-in goods:
a. is free from any financing arrangements, fees, or other charges (collectively, "Charges") that you notified us of prior to the Order Date,
b. was delivered/collected from our place of business before we deliver the Goods to you, and
c. is in the same condition upon delivery/collection (subject to normal wear and tear and reasonable increases in operating hours) as we inspected it before agreeing to the trade-in.

If you fail to meet any of the above conditions, we are not obliged to accept the trade-in Goods or to credit the trade-in Goods towards the purchase price, and you may be required to pay the full purchase price before you can accept the Goods.

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14. If the payment required to fully clear the trade-in Goods of all Charges exceeds the amount you notified us of prior to the Order Date, or if the trade-in Goods are delivered in a worse condition or with disproportionate additional expense, we may nevertheless, at our discretion, agree with you on a reduced trade-in fee and accept the trade-in Goods.
DELIVERY

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15. We will endeavor to deliver the Goods by the estimated delivery date, but we will not be liable for any claims for damages arising from a delay in delivery due to reasons beyond our reasonable control. In the event of such a delay, we will contact you to arrange an alternative delivery date.

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16. We may cancel the Contract at any time before delivery if the manufacturer no longer produces the model or specification of the Goods you have ordered, or if we are unable to obtain them from the importer or other supplier. In this case, Clause 22 will apply.

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17. If we are unable to supply any accessory (factory fitted or not) you have ordered, we will contact you and, at your option, either offer you a replacement of equivalent value or remove the accessory from this Contract and adjust the purchase price accordingly. Subject to this, you will have no claim against us for non-delivery of any accessory and will not be entitled to cancel the Contract.

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18. If we fail to deliver the goods within 42 days of the expected delivery date, you may send us a delivery notice. If we fail to deliver within 14 days of receiving this notice, you may withdraw from the contract. Clause 22 will then apply.

 

19. We will notify you when the goods are ready for delivery. You are obliged to pay the purchase price (less any deposit and/or trade-in fee) and take delivery of the goods within 14 days of receiving this notice. All payments must be made by banker's check or other payment methods accepted by both us and you. If you fail to pay the purchase price within 21 days of receiving notification of readiness for delivery and do not take delivery of the goods, we may terminate the contract. Clause 17 will then apply.

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20. If this contract relates to the purchase of a complete set of goods, you may not assign the contract to any third party, except as permitted under Clause 3, and you may not resell the vehicle for commercial purposes within four months of delivery. Any resale within this period will be deemed to have been for commercial purposes unless you did not intend to resell the complete set of goods at the time the contract was entered into. You warrant that you have no such intention. If we discover before delivery that this warranty is not applicable, we may terminate the contract with you. In this case, Clause 23 will apply.

DISTANCE SALE
21. If this contract was entered into without personal contact between us or a person acting on our behalf, you may cancel within 14 days of receiving the goods. You must then either return the goods to us or make them available for collection at your own expense. You must handle the goods with care and are liable for any loss or damage from the time of delivery until the time of return. If we have agreed to accept a trade-in item of an agreed value as part payment of the purchase price, we may choose to either return the trade-in item or refund the trade-in amount. CONSEQUENCES OF TERMINATION

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22. If we terminate the contract in accordance with clause 16, or if you terminate the contract in accordance with clauses 6, 18, or 21, we will refund your deposit. If the termination is due to circumstances beyond our reasonable control, we will have no further liability to you.

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23. If we terminate the contract under clause 19 or 20, we will endeavor to sell the goods elsewhere. If they are not sold within a reasonable time, we will auction them. Within 7 days of the sale date, you will receive an invoice from us detailing the selling price and any additional costs we have incurred in reselling the goods. We will refund the balance of your deposit, if any, less the amount we have lost (i.e., any reduction in the selling price and the additional costs of reselling). If our loss exceeds your deposit, you must pay us the difference within seven days. We will provide copies of all receipts upon request. Title and Transfer of Risk

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24. The goods remain our property until the purchase price has been paid in full. However, you are liable for any loss or damage from the date of delivery and should insure the goods accordingly. A check is only considered payment once it has cleared the goods. Title to the trade-in goods passes to us when we take delivery of the goods.

WARRANTY​

25. For new goods, we undertake to perform all work prescribed by the manufacturer before delivery and to sell the goods with the manufacturer's warranty. Warranty service can be performed by any dealer directly authorized by the manufacturer who can repair or replace defective parts.

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26. We will provide warranty service for franchised goods not purchased from us. However, we will charge you for the parts and labor used and credit you with any warranty refund received from the manufacturer.

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27. All used wholegoods are sold without warranty unless otherwise confirmed in writing.

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28. If a used vehicle warranty applies, we warrant the used wholegoods we supply against major component failures for 60 days or 200 hours from the date of delivery, whichever is earlier. The major components covered by this warranty are limited to the engine, transmission, and axles. The Used Vehicle Warranty does not cover hoses (water, hydraulic, air), service parts such as filters and lubricants, DOC/DPF regeneration/cleaning, fuel injection systems (contamination), electrical and fuel system components, wear parts such as belts, clutch and brake discs, tires, chains, bolts, and ground/grass contact parts, consumables such as bulbs and fuses, lubricants, air conditioning refill and antifreeze, cabin glass, paint, exhaust systems, and mufflers. For products sold outside our service area, a warranty applies to parts only, unless the customer pays the shipping costs.

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29. We limit our liability for any breach of this Agreement to the purchase price and expressly exclude any liability for loss of profits, goodwill, or contracts, as well as for indirect, consequential, or economic damages.
NOTICES

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30. Notices under this Agreement must be in writing and sent by post to the addressee's address shown overleaf and will be deemed to have been given in a timely manner.
We may use this information about you now and in the future: (i) to provide you with information about products and services for marketing purposes; (ii) for market research purposes; and (iii) to track sales data. We will not share this information with anyone outside of Vincent Tractors Ltd. If you do not wish this to happen, please tick here.

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These Terms and Conditions were last updated: January 2025