Terms & Conditions

1. Interpretation

a. In these Conditions:
i. “Buyer”, “Customer,” “You”, Means the person whose order for the goods is accepted by Zaros Trading Ltd
ii. “Conditions” Means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and Zaros Trading Ltd
iii. “Contract” means the contract for the purchase and sale of the Goods;
iv. “Goods” Means the goods (including any instalment of the goods) set out in Zaros Trading Ltd’s invoice
v. "Partner" means the manufacturer / supplier / distributor of machinery
b. The expression “person” shall mean any person, firm, company or other legal entity, words importing the singular number shall include the plural and vice versa and words importing one gender shall include all genders.

2. Basis of the Sale

a. Zaros Trading Ltd shall sell and the Buyer shall purchase the Goods in accordance with any oral or written order of the Buyer which is accepted by Zaros Trading Ltd on Zaros Trading Ltd‘s Invoice, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions introduced or purported to be introduced by the Buyer.
b. No variation to these Conditions shall be binding unless agreed in writing between the Buyer and a Director of Zaros Trading Ltd.
c. Zaros Trading Ltd‘s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Zaros Trading Ltd in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
d. Any advice or recommendation given by Zaros Trading Ltd or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Zaros Trading Ltd is followed or acted upon entirely at the Buyer’s own risk, and accordingly Zaros Trading Ltd shall not be liable for any such advice or recommendation which is not so confirmed.
e. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, Invoice, invoice or other document or information issued by Zaros Trading Ltd shall be subject to correction without any liability on the part of Zaros Trading Ltd.
f. In these Conditions “Incoterms” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
g. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon, including but not limited to obtaining any licences or permits and the Buyer’s obligation to accept and pay for the Goods shall survive any cancellation, revocation or expiration of any such permit or licence.
h. Zaros Trading Ltd accepts all orders subject to any necessary export licences being granted. On receipt of all information from the Buyer, Zaros Trading Ltd will apply for any such export licences but accepts no responsibility or liability of any kind in the event of failure or delay to obtain them.

3. Orders & Specifications

a. No order submitted by the Buyer shall be deemed to be accepted by Zaros Trading Ltd unless and until confirmed by Zaros Trading Ltd in its Invoice.
b. The Buyer shall be responsible to Zaros Trading Ltd for ensuring the accuracy of the terms of any order (including any applicable specification or reference number) submitted by the Buyer, and for giving Zaros Trading Ltd any necessary information relating to the Goods within a sufficient time to enable Zaros Trading Ltd to perform the Contract in accordance with its terms.
c. The quantity, quality and description of and any specification or reference number for the Goods shall be those set out in Zaros Trading Ltd‘s Invoice.
d. If the Goods are to be manufactured or any process is to be applied to the Goods by Zaros Trading Ltd in accordance with instructions submitted by the Buyer, the Buyer shall indemnify Zaros Trading Ltd against all loss, damages, costs and expenses awarded against or incurred by Zaros Trading Ltd in connection with or paid or agreed to be paid by Zaros Trading Ltd in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results Zaros Trading Ltd‘s compliance with the Buyer’s instructions.
e. Zaros Trading Ltd reserves the right to make any changes to the Goods which are required to conform with any applicable safety or other statutory requirements.
f. No order which has been accepted by Zaros Trading Ltd may be cancelled by the Buyer except with the agreement in writing of Zaros Trading Ltd and on terms that the Buyer shall indemnify Zaros Trading Ltd in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Zaros Trading Ltd as a result of cancellation.

4. Price of the Goods

a. The price of the Goods shall be the price set out in Zaros Trading Ltd‘s Invoice.
b. Zaros Trading Ltd reserves the right to increase the price of the Goods to reflect any increase in the cost Zaros Trading Ltd which is due to any factor beyond the control of Zaros Trading Ltd or in the event of Zaros Trading Ltd making a general price increase before delivery of the Goods or any change in delivery dates, quantities or specifications for the Goods requested by the Buyer, or any act or omission of the Buyer.
c. Except as otherwise agreed in writing between the Buye r and Zaros Trading Ltd, the price includes the cost of packing, insurance, and carriage for the delivery within the United Kingdom, and includes the cost of packing, insurance and carriage to an air or seaport in the country named in the Invoice or to the Premises named in the Invoice (if delivery is made by road) for sales to a buyer outside the United Kingdom.
d. The price is exclusive of any applicable value added tax, and any other duties, imposts and taxes which the Buyer shall be additionally liable to pay to Zaros Trading Ltd.

5. Terms of Payment

a. Zaros Trading Ltd shall be entitled to invoice the Buyer for the price of the Goods at any time before the Goods are available for despatch.
b. The Buyer shall pay the price of the Goods with its order and Zaros Trading Ltd reserves the right to withhold delivery of the Goods until it has received cleared funds. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
c. If the Buyer fails to make any payment by the due date then, without prejudice to any other right or remedy available to Zaros Trading Ltd, Zaros Trading Ltd shall be entitled to:
d.
i. cancel the Contract or suspend any further deliveries to the Buyer;
ii. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and Zaros Trading Ltd) as Zaros Trading Ltd may think fit (notwithstanding any purported appropriation by the Buyer).

6. Billing

a. This website uses Stripe to securely handle payments. Payment can be made Credit or Debit Cards, including Visa, MasterCard, Maestro, and American Express.
b. The total cost of your purchase, including delivery costs, is clearly displayed in the checkout. Full payment is taken upon ordering.

7. Adjustments & Assembly

a. You agree to make adjustments to the machine where instructed by the manual, ourselves or the manufacturer, including but not limited to cutting a PTO shaft to length.
b. You agree to adjust or modify your tractor accordingly where necessary, including but not limited to: adjusting the linkage, adaptors for the linkage, adaptors for the PTO.
c. It is your responsibility to ensure your vehicle will be compatible with the machine, including but not limited to: 3-point linkage type, PTO category, hitch type, vehicle horsepower, PTO horsepower, vehicle weight, vehicle wheelbase and width, hydraulic type, vehicle towing capacity.
d. You agree to running cables through the towing vehicle where necessary. Mounting to the towing vehicle.

8. Risk & Property

a. Risk of damage to or loss of the Goods shall pass to the Buyer:
i. in the case of goods to be delivered to the Buyer at the time of delivery or if the Buyer wrongfully fails to make delivery of the goods, the time when Zaros Trading Ltd has tendered delivery of the goods: or
ii. in the case of goods to be collected by the buyer at the time when Zaros Trading Ltd notifies the buyer that the goods are available for collection.
b. Notwithstanding delivery and the passing of the risk to the Buyer both legal and beneficial title (“title”) to the Goods will remain with Zaros Trading Ltd until such time as Zaros Trading Ltd has received in full payment of the price for the Goods and of the purchase price of any other goods or services, previously or subsequently supplied by Zaros Trading Ltd to the Buyer.
c. In the event that Zaros Trading Ltd has not received any such payment as referred to in condition 7.2 Zaros Trading Ltd may recover at any time from the Buyer any of the goods in the buyer’s possession, power or control and for that purpose Zaros Trading Ltd, its servants and agents may enter any land or buildings upon which such Goods are situated.

9. Warranties & Liability

a. Zaros Trading Ltd warrants the Goods in accordance with the Zaros Trading Ltd Warranty Policy from time to time in force.
b. Subject as expressly provided in these Conditions all warranties; conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
c. The Buyer must notify Zaros Trading Ltd of any claim within the following time limits:
i. partial loss or damage to the Goods, within 7 days of delivery;
ii. non-delivery of the Goods in the United Kingdom, within 7 working days of the date of the invoice;
iii. non-delivery of the Goods outside the United Kingdom, within 21 working days of the date of the invoice;
iv. defect in the quality or condition of the Goods, within 7 days of delivery or, where such defect or failure was not apparent on reasonable inspection, within 7 days of discovery of such defect or failure.
d. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Zaros Trading Ltd in accordance with these Conditions, Zaros Trading Ltd shall be entitled to replace the Goods (or the part in question) free of charge or, at Zaros Trading Ltd’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but Zaros Trading Ltd shall have no further liability to the Buyer.
e. Except in respect of death or personal injury caused by Zaros Trading Ltd‘s negligence, Zaros Trading Ltd shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Zaros Trading Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
f. Zaros Trading Ltd shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Zaros Trading Ltd‘s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Zaros Trading Ltd reasonable control.
g. All warranties are offered by our manufacturers / suppliers, and all warranty claims are up to the manufacturer's discretion.
h. Unless stated otherwise, Warranties do not cover:
. general wear and tear or consumable parts - eg, blades, tyres, belts, clutches.
i. transportation of the machine to a location where it can be repaired.
ii. damage caused by misuse of the machine. If the manufacturer has reason to doubt proper use, warranty claims may be rejected.
iii. damage caused by an inappropriate towing vehicle, or a towing vehicle outside of the manufacturer's specifications.
iv. labour of repairing a machine or replacing parts.
i. You agree to replace parts yourself, or to arrange the safe replacement of the parts by a qualified individual when requested to.
j. If you are using the machine with a vehicle that is not suitable or within the manufacturer's recommended range, the warranty may be void for damage caused by an incompatible vehicle.
k. The warranty is made null and void when modifications or repairs have been made without the manufacturer’s approval, when the defect is due to improper, negligent or erroneous use of the machine by the user (erroneous linkage to the tractor, non-lubrication, use of not-prescribed oil, etc).
l. The warranty is invalid in case of substitution of components with non-original ones, of wrong use and for normal wear and tear.
m. The warranty is null and void, if the operations of maintenance have not been performed correctly described in the present book.
n. Zaros is released from any responsibility for accidents or damages to persons, animals or property which might arise during the use of the product supplied: also when making endurance tests and tests to verify that the equipment / materials are exempt from defects.
o. No indemnity is recognized for the period of inefficiency of the machines or accessories.
p. The manufacturer reserves the right to update the production and with it the relative training-and-use manuals, without the obligation to adjourn production and preceding manuals and without the obligation of communications to the clients.
q. Transportation costs of the machine to or from the place of repair is not covered in the warranty.

10. Default or Insolvency of Buyer

a. This Condition applies if:
i. the Buyer commits any breach of any of the Conditions and in the case of a breach which Zaros Trading Ltd regards as capable of remedy, fails to remedy the same within 14 days after receipt of written notice giving particulars of the breach and requiring it to be remedied;
ii. the Buyer, being a company, shall pass a resolution for winding up or a court shall make a winding up order in respect of it or it shall have a receiver, administrative receiver, manager or administrator appointed of all or part of its undertaking or assets;
iii. the Buyer, being a partnership, shall be dissolved or, being an individual, shall have a bankruptcy petition presented or shall die;
iv. the Buyer ceases, or threatens to cease, to carry on business or is unable to pay its debts or becomes insolvent (within the meaning of the Insolvency Act 1986) or makes or proposes any composition or arrangement with its creditors;
v. anything analogous to any of the events set out in this Condition occur;
vi. Zaros Trading Ltd reasonably believes that any of the events mentioned above is about to occur in relation to the Buyer.
b. If this Condition applies then, without prejudice to any other right or remedy available to Zaros Trading Ltd, it shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

11. Intellectual Property Rights

a. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
c. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
d. Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.
e. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
f. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. General

a. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and delivered by hand or sent by first class recorded delivery or registered post addressed to that other party at its registered office if a company or principal place of business if another trading entity.
b. No waiver by Zaros Trading Ltd of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
c. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
d. The Contract shall be governed by the laws of England.