Used Equipment - Terms and Conditions

IMPORTANT: Please read these Terms and Conditions carefully before purchasing Used Equipment through PlatformSupermarket.com. By proceeding with a purchase, you agree to be bound by these terms.

1. DEFINITIONS AND INTERPRETATION

1.1   In these Terms and Conditions, the following definitions apply:

2. NATURE OF THE SALE

2.1   The Company sells used Equipment on an outright sale basis. There is no Finance Partner involved in this arrangement. The purchase is a direct transaction between you and the Company.

2.2   Our role is limited to:

(a)    Supplying and delivering the Equipment to your nominated address.

(b)    Providing a warranty as described in clause 6, for the period specified at the time of order.

(c)    Liaising with you regarding any warranty claims during the Warranty Period and (where applicable) the manufacturer in accordance with clause 6.

2.3   The Equipment is Sold As Seen in accordance with the definition in clause 1.  You are responsible for satisfying yourself as to the condition and suitability of the Equipment before purchase. We can provide guidance on specifications and condition, but the final purchase decision rests with you.

2.4   Where photographs have been supplied prior to sale, these are for illustrative purposes, and you acknowledge that the cosmetic condition may vary from the images shown.

3. PRICE, VAT, PAYMENT, DELIVERY, AND LATENT DEFECTS

3.1   Price and VAT

3.1.1        The Purchase Price shall be as agreed and confirmed in the order documentation.

3.1.2        VAT is payable in addition to the Purchase Price at the prevailing rate, unless the transaction is otherwise exempt or zero-rated. The applicable VAT treatment will be confirmed at the time of order.

3.1.3        Delivery charges are in addition to the Purchase Price and will be confirmed at the time of order.

3.2   Payment

3.2.1        Full payment of the Purchase Price, together with any applicable VAT and delivery charges, must be received and cleared by us before delivery will be arranged.

3.2.2        Title to the Equipment shall not pass to you until cleared funds have been received in full.

3.2.3        We reserve the right to cancel an order where payment is not received within a reasonable time following confirmation of the order.

3.3   Delivery

3.3.1        We will arrange delivery of the Equipment to the address agreed at the time of order. Delivery dates provided are estimates only, and we shall not be liable for any delay beyond our reasonable control.

3.3.2        Risk of loss, theft or damage to the Equipment passes to you upon delivery to your specified location (or upon collection by you or your carrier where collection has been agreed in writing).

3.3.3        At the time of delivery, you or your authorised representative must inspect the Equipment and sign a delivery acceptance note. Any visible damage or discrepancy must be noted on the delivery documentation at the time of delivery. Claims for damage identified after acceptance may not be accepted.

3.3.4        If you believe that the Equipment is damaged, incomplete, or otherwise not in accordance with your order, you must notify us in accordance with clause 3.3.3; otherwise, you will be deemed to have accepted the Equipment as delivered (including for Section 35 of the Sale of Goods Act 1979). Following acceptance (whether express or deemed), you shall not be entitled to reject the Equipment, and any rights in respect of defects shall be limited to those set out in clause 3.4.

3.3.5        You are responsible for ensuring safe unloading and adequate site access. We accept no liability for damage arising from inadequate site conditions or unloading arrangements unless unloading has been expressly agreed as part of the delivery service.

3.4   Latent Defects

3.4.1        If a Latent Defect becomes apparent after delivery and acceptance, you must notify us in accordance with the reporting requirements set out in clauses 6.6 - 6.7.

3.4.2        The Equipment is Sold As Seen, therefore, it is not guaranteed that it is free from cosmetic defects, age-related deterioration or fair wear and tear, and any Latent Defect claim shall be assessed in that context and by reference to the Latent Defect definition in clause 1.

3.4.3        Where the Equipment is within the Warranty Period, our role and your remedies in respect of any Latent Defect are limited to the warranty process and remedies set out in clause 6 (including any applicable exclusions and conditions). We will, where appropriate, arrange inspection and, if the Latent Defect is confirmed and covered by the warranty, we will provide the remedy available under clause 6. Subject always to clause 11.5(d), if any balance of manufacturer warranty (if any) is stated in the order documentation as applying to the Equipment, you must exhaust manufacturer remedies before seeking any remedy under the warranty provided by us.

4. EQUIPMENT SUITABILITY AND YOUR RESPONSIBILITIES

4.1   You are responsible for ensuring that the Equipment is suitable for your intended purpose before completing the purchase. We can provide guidance on specifications and suitability, but the final decision rests with you. Any guidance or recommendation provided by us in relation to the Equipment is given for general information only and does not constitute advice on which you are entitled to rely.

4.2   You must ensure that:

(a)    All operators of the Equipment hold appropriate and current training certification relevant to the Equipment type (e.g. IPAF, PASMA or equivalent).

(b)    The Equipment is operated only by trained, competent individuals in accordance with the manufacturer’s operating manual.

(c)    The Equipment is used only for its intended purpose and within its rated working load and operating parameters.

(d)    The Equipment is stored securely and appropriately when not in use, including protection from the elements unless the Equipment is rated for outdoor storage.

(e)    Battery-powered Equipment is charged regularly and maintained in accordance with manufacturer guidance.

(f)     All fluid levels (including hydraulic fluid, engine oil, and fuel where applicable) are checked and topped up at the intervals specified in the manufacturer’s manual.

(g)    The Equipment is not used in environments or conditions for which it is not rated, including surface conditions, weather conditions, or hazardous areas, unless such use has been appropriately risk-assessed by you.

4.3   Any modification to the Equipment may render the warranty provided under clause 6 void. We strongly recommend consulting us before carrying out any modifications.

4.4   Except as expressly set out in these Terms and Conditions and to the fullest extent permitted by law (and subject to clause 10.1), all conditions, warranties, representations and other terms which might otherwise be implied into these Terms and Conditions or any contract between you and us for the sale, supply and delivery of the Equipment (whether by statute, common law or otherwise) are excluded. Without limiting the foregoing, and acknowledging that the Equipment is Sold As Seen, we give no warranty, representation or undertaking that the Equipment is new, unused, “as new”, fit for any particular purpose or of any particular condition or appearance, except to the extent expressly set out in the order documentation and/or these Terms and Conditions. Where any term, condition or warranty cannot lawfully be excluded, our liability for breach of it shall be limited in accordance with clauses 11.2 and 11.3.

5. LOLER COMPLIANCE AND ONGOING MAINTENANCE

5.1   All Equipment supplied as used that constitutes lifting equipment is subject to the requirements of LOLER. You are responsible for all ongoing statutory inspections and compliance from the date of delivery.

5.2   At the time of sale, we will provide the Equipment with a valid LOLER thorough examination certificate, confirming it has been examined by a competent person prior to delivery.

5.3   Following delivery, you are responsible for ensuring that:

(a)    LOLER thorough examinations are carried out at a minimum frequency of twice per year (every six months), or more frequently if required by the nature of the Equipment or applicable risk assessments.

(b)    All LOLER examination reports are retained and made available to any relevant enforcing authority upon request.

(c)    The Equipment is not used where it has been identified as unsafe following examination until confirmed fit for use.

(d)    Any defects identified during examinations are remedied promptly by a suitably qualified engineer.

5.4   Routine preventative servicing, all mechanical and electrical repairs (other than those covered by the warranty in clause 6), and all wear and tear items are your responsibility from the date of delivery.

6. WARRANTY

6.1   We provide a warranty on the Equipment for the period specified in your order documentation (the “Warranty Period”). The Warranty Period will commence on the date of delivery and will always be confirmed at the time of sale. No warranty claims may be made under this warranty unless notified to us and accepted by us within the Warranty Period.

6.2   During the Warranty Period, subject to clause 6.3, your sole and exclusive remedy for faults covered under this warranty is for Us to repair the Equipment, including parts labour and call-out charges, subject to the exclusions and conditions set out in clause 6.5.

6.3   Where a warranty fault arises, we will arrange for an engineer to attend and carry out the necessary repair as soon as reasonably practicable. If a repair is impossible or would be disproportionate, we may, at our option, replace the Equipment (with equipment of the same age and quality), provide store credit, or issue a refund, subject to the Equipment being made available for our collection, and any credit or refund shall not exceed the Purchase Price paid for the Equipment. Repair times may vary depending on the nature of the fault and the availability of parts. We shall not be liable for any loss of use, downtime, hire of substitute equipment, delay in delivery of replacement parts or similar operational losses arising from any warranty claim, or the repair process.

6.4   Where a claim is made under the warranty, and it is determined following investigation that an issue is caused by user error, misuse, damage, poor maintenance, unauthorised repair/modification, unsuitable storage or operating conditions, or any other matter not covered by the warranty, any costs incurred by us in facilitating an attendance or investigation may be recoverable from you in accordance with clause 6.8. We will notify you of any such costs as soon as reasonably practicable.

6.5   Warranty Exclusions

6.5.1        The following are expressly excluded from the warranty:

(a)    General wear and tear, including but not limited to tyres, paintwork, cosmetic damage, trims, and normal deterioration associated with a used machine.

(b)    Battery damage due to poor maintenance, misuse, incorrect charging, deep discharge, failure to follow manufacturer guidance, or lack of routine battery care.

(c)    Damage caused by accidental damage, including collisions, drops, overloading, or contact with structures.

(d)    Damage caused by operator negligence, misuse, improper use, or use outside intended operating conditions.

(e)    Faults arising from lack of routine servicing, improper storage, or failure to follow operating and maintenance instructions.

(f)     Damage caused by use or storage of the Equipment in unsuitable conditions, including exposure to excessive moisture, corrosive substances, extreme temperatures, abrasive dust, or chemical contamination.

(g)    Damage or faults resulting from repairs or work carried out by anyone other than us or an engineer expressly authorised by us in writing.

(h)    Damage caused by modifications to the Equipment.

(i)     Consumable items, unless failure is directly attributable to a covered warranty fault.

6.6   Fault Reporting

6.6.1        Any fault you believe to be covered under this warranty (and any claim you wish to make under it) must be reported to us in writing within 48 hours of discovery, or by the end of the next working day, whichever is later. You acknowledge that failure to comply with this notification requirement may affect your entitlement to a remedy under this clause 6 to the extent that such delay:

(a)    prevents or materially hinders proper investigation of the fault; or

(b)    results in additional damage or loss which could reasonably have been avoided.

6.6.2        When reporting a fault, you should provide:

(a)    A description of the fault;

(b)    The machine serial number;

(c)    The location of the Equipment and site access details; and

(d)    Photographs or video, where possible.

6.7   Engineer Attendance and Chargeable Calls

6.7.1        If our engineer attends and determines that the issue is caused by user error, misuse, damage, poor maintenance, unauthorised repair/modification, unsuitable storage or operating conditions, or any other matter not covered by the warranty, you agree to pay all applicable charges including call-out, labour, travel, and any parts required.

6.7.2        We will notify you of any chargeable costs as soon as reasonably practicable following diagnosis.

7.  OPTIONAL MAINTENANCE PLANS

7.1   We offer optional, chargeable Maintenance Plans for used Equipment purchased through the Company. These are entirely separate from the purchase arrangement and are contracted independently between you and the Company.

7.2   What May Be Included

7.2.1        Subject to the specific plan selected and agreed in writing, a Maintenance Plan may include any combination of the following:

(a)    Periodic preventative servicing in line with manufacturer-recommended intervals.

(b)    LOLER thorough examinations carried out by a competent person.

(c)    Attendance for mechanical or electrical faults arising from normal use.

(d)    Post-warranty repair labour (parts may be charged separately depending on the plan).

7.3   Charges

7.3.1        All Maintenance Plans are chargeable. Pricing will be provided at the time of enquiry and set out in a separate service agreement. Charges are in addition to your Purchase Price. We will invoice you for Maintenance Plan fees in accordance with the subscription schedule (or other billing schedule) set out in the applicable service agreement, and you must pay each invoice within thirty (30) days of the invoice date unless otherwise agreed in writing. We reserve the right to charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, accruing daily. To the extent permitted by law, you shall reimburse us on demand for all reasonable costs and expenses (including legal fees and debt collection agency fees) incurred by us in recovering any overdue sums.

7.4   Excluded Matters — Chargeable Events

7.4.1        Regardless of any Maintenance Plan selected, the following are excluded and will be charged additionally, unless agreed otherwise in writing in advance, at our prevailing labour, call-out and parts rates:

(a)    Failure to maintain battery charge on electrically powered Equipment, including allowing batteries to deep-discharge or deteriorate through lack of regular charging cycles.

(b)    Failure to check or top up fluids (hydraulic fluid, engine oil, water, fuel, or other necessary fluids) where this is specified as an operator responsibility in the manufacturer's manual.

(c)    Damage arising from accidental damage, including collisions, drops, overloading, or contact with structures.

(d)    Damage caused by improper storage, including exposure to conditions for which the Equipment is not rated.

(e)    Damage arising from misuse, abuse, or use by untrained personnel.

(f)     Damage caused by unauthorised modifications or repairs carried out by third parties.

(g)    Costs associated with the recovery or collection of Equipment that has become immobile due to a chargeable fault.

7.4.2        Where reasonably practicable, we will notify you and seek approval before undertaking chargeable repairs, but in circumstances where the Equipment poses a safety risk or where we are unable to contact you within a reasonable time, we reserve the right to carry out necessary remedial work and invoice you accordingly. You shall not be entitled to withhold or delay payment on the basis that you did not approve the relevant work where it was carried out in accordance with this clause.

7.5   Response Times

7.5.1        Where a Maintenance Plan includes emergency breakdown attendance, we aim to respond to safety-critical breakdowns within one (1) working day and non-emergency requests within three (3) working days. These response times are targets only and do not constitute a contractual commitment (time shall not be of the essence). Response times cannot be guaranteed and are subject to engineer availability, parts supply, and circumstances beyond our control.

7.6   Suspension and Termination

7.6.1        We reserve the right to suspend performance of any Maintenance Plan and/or maintenance services (in whole or part), and/or to terminate the applicable Maintenance Plan/service agreement by written notice, if:

(a)    you are in material breach of these Terms or the applicable Maintenance Plan/service agreement and (where the breach is capable of remedy) you have failed to remedy that breach within fourteen (14) days of written notice;

(b)    any invoice relating to a Maintenance Plan and/or maintenance services is overdue and remains unpaid fourteen (14) days after we have given you written notice that payment is overdue;

(c)    the Equipment has developed a safety-critical fault or has been identified as unsafe for continued use, and you have declined or failed to make the Equipment available (or provide access) for inspection or remedial action within a reasonable timeframe; or;

(d)    you become insolvent, enter administration, receivership, liquidation or any equivalent insolvency process, or cease (or threaten to cease) to carry on business.

7.6.2        Where we are required to suspend use of the Equipment or suspend/withhold maintenance on safety grounds, we will notify you in writing as soon as reasonably practicable, setting out the nature of the fault or concern and (where applicable) the steps required to return the Equipment to service. We will have no liability for any losses suffered or incurred, or for any inconvenience to you, whilst use of the Equipment is suspended or whilst maintenance services are suspended in accordance with this clause.

7.6.3        Without affecting any other right or remedy, we may terminate these Terms and Conditions and/or any Maintenance Plan/service agreement for convenience by giving you not less than thirty (30) days’ written notice. We will not refund prepaid fees, but we will not charge fees for the period after termination takes effect. We shall have no liability to you arising from such termination.

8. CANCELLATION AND RETURNS

8.1   Once you have confirmed an order, cancellation is only permitted with our prior written consent.

8.2   If cancellation is accepted, we reserve the right to recover any costs already incurred, including but not limited to transport, preparation, and administration costs.

8.3   The Equipment is Sold as Seen, and returns are not accepted unless agreed in writing by us. The warranty process set out in clause 6 is the sole agreed remedy for covered faults arising during the Warranty Period.

9. INSURANCE

9.1   You are responsible for maintaining adequate insurance in respect of the Equipment from the date of delivery. This should include, as a minimum:

(a)    Comprehensive insurance covering loss, theft, and damage to the Equipment.

(b)    Public liability insurance appropriate for the use of the Equipment.

9.2   In the event of loss, theft, or total loss of the Equipment, you must notify us immediately where the Equipment is within the Warranty Period.

10. HEALTH AND SAFETY

10.1 You are responsible as the user of the Equipment for compliance with all applicable health and safety legislation, including but not limited to:

(a)    The Health and Safety at Work etc. Act 1974.

(b)    The Provision and Use of Work Equipment Regulations 1998 (PUWER).

(c)    LOLER 1998.

(d)    The Work at Height Regulations 2005.

(e)    Any other regulations applicable to the specific type of Equipment and its use.

10.2 You must ensure that appropriate risk assessments and method statements (RAMS) are in place before using the Equipment at height or in any potentially hazardous environment.

10.3 In the event of any accident, near-miss, or dangerous occurrence involving the Equipment, you must:

(a)    Secure the area and ensure the Equipment is not used until assessed as safe.

(b)    Notify us as soon as reasonably practicable where the Equipment is within the Warranty Period.

(c)    Preserve any evidence relevant to the incident.

(d)    Report to the relevant authorities (e.g. HSE under RIDDOR) where legally required.

11. LIMITATION OF LIABILITY

11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:

(a)    Death or personal injury caused by our negligence.

(b)    Fraud or fraudulent misrepresentation.

(c)    Any other liability that cannot be limited or excluded by law.

11.2 Subject to clause 11.1, our total aggregate liability to you in connection with the sale of Equipment under these Terms shall not exceed the Purchase Price paid for the Equipment.

11.3 We shall not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss of production arising from or in connection with these Terms, even if we were advised of the possibility of such losses.

11.4 We are not responsible for any losses arising from your failure to maintain the Equipment, comply with LOLER or other statutory obligations, or operate the Equipment in accordance with these Terms.

11.5 You shall indemnify and keep indemnified the Company and its officers, employees, agents and subcontractors against all liabilities, losses, damages, costs and expenses (including reasonable legal and professional costs) arising out of or in connection with:

(a)    your (or any other persons under your control) possession, use, operation, storage, transportation, loading or unloading of the Equipment following delivery (and/or collection, where applicable), including any unsafe unloading or inadequate site access or conditions;

(b)     any breach by you of these Terms and/or any failure to comply with the manufacturer’s instructions (including the operating manual), training or competency requirements, any applicable laws, regulations, codes of practice or guidance (including health and safety legislation, PUWER, LOLER, the Work at Height Regulations and RIDDOR);

(c)     any negligent act or omission, misuse, abuse, overloading, improper maintenance, improper storage or unsafe operation of the Equipment by you or by any person under your control;

(d)    any unauthorised or improper modification, repair, servicing, or other interference with the Equipment (including use of non-approved parts, work carried out by unauthorised persons not authorised personnel or any act or omission which voids or prejudices any applicable warranty). For the avoidance of doubt, if any balance of manufacturer warranty (if any) is stated in the order documentation as applying to the Equipment, any remedy under that manufacturer warranty is subject to the manufacturer’s warranty terms and conditions and our role is limited to liaising with the manufacturer as a matter of goodwill. We shall have no liability to you if any claim under any manufacturer’s warranty is rejected, limited, delayed or not honoured by the manufacturer for any reason. This indemnity shall not apply to the extent that the relevant liability, loss, damage, cost or expense is caused by our negligence or wilful misconduct, and nothing in this clause shall limit or exclude any liability which cannot lawfully be limited or excluded

(e)    any third-party claim (including for injury, death, property damage or economic loss) relating to the Equipment or its use after delivery;

(f)     any investigation, enforcement action, improvement notice, prohibition notice, fine, penalty or other regulatory action (including by the HSE) relating to the Equipment or its use following delivery, to the extent caused by any act or omission by you or any person under your control; and

(g)    any loss of, theft of, or damage to the Equipment (including total loss) arising out of or in connection with your possession, use, operation, storage, transportation, loading or unloading of the Equipment following delivery, any site conditions, and/or any act or omission by you or any person under your control.

12. DATA PROTECTION AND PRIVACY

12.1 We will process personal data provided in connection with the purchase of Equipment in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

12.2 Personal data will be used to process and manage the sale, to arrange delivery, and to communicate with you regarding the Equipment and any warranty matters.

12.3 We may share your data with third-party service engineers where necessary for the purposes of warranty repairs.

12.4 Our full Privacy Policy is available at www.platformsupermarket.com/privacy.

13. GENERAL PROVISIONS

13.1 Entire Agreement: These Terms, together with any applicable order confirmation, constitute the entire agreement between us in relation to the sale of the Equipment. They supersede all prior representations, discussions, and agreements.

13.2 Variation: We reserve the right to update these Terms from time to time. Any material changes will be notified to you in writing. The Terms in force at the time of your order will apply to that order.

13.3 Waiver: Failure by us to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision at a later date.

13.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Force Majeure: We shall not be in breach of these Terms for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, pandemic, flood, fire, war, supply chain disruption, or government action.

13.6 Assignment and Subcontracting: You may not assign, novate, transfer, charge, declare a trust over or otherwise deal with any of your rights or obligations under these Terms (in whole or in part) without our prior written consent. We may assign, novate or transfer our rights and obligations under these Terms to any member of our group or to any successor to our business. We may subcontract the performance of any of our obligations, provided that we remain responsible for the acts and omissions of our subcontractors as if they were our own.

13.7 Third Party Rights: These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

13.8 Governing Law: These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

14.  CONTACT AND COMPLAINTS

14.1 For all queries relating to the maintenance of your Equipment, please contact: sales@platformsupermarket.com

Complaints should be submitted in writing. We will acknowledge all complaints within three (3) working days and aim to resolve them within twenty-one (21) working days.