Our offer to supply is subject to the manufacturer’s offer to us and to the manufacture’s conditions of sale and warranties. Price and specification may be varied and offer to sell withdrawn without notice. Prices are ex-manufacture’s works unless otherwise stated and at "price ruling at date of despatch".
2. SUPPLY OF GOODS ORDERED
(a) All orders are accepted subject to goods being procurable by us from manufacturer when required and to out not being responsible for any delays, loss or damage consequential or otherwise however caused.
(b) We will use our best endeavours to supply goods to the exact specification of the Purchaser’s order. This may not always be possible due to modifications or alterations in design and we therefore reserve the right to supply against such ordered goods similar to those specified in the Order without any liability whatsoever.
(c) Any performance figures contained in catalogues, advertising matter and quotations are based upon experience trials and testing but we do not accept any liability if such performance figures are not achieved by any goods sold to the Purchaser. The Purchaser assumes sole and exclusive responsibility for the capacity and performance of the goods being suitable and sufficient for the intended purpose and in this respect we assume no liability whatsoever.
3. WARRANTIES, GUARANTEES CONDITIONS AND REPRESENTATIONS.
If the goods are new and described in the catalogue or price list of the manufacturer, the Purchaser must make himself aware of the Manufacturer’s Conditions of Sale Warranty. We undertake to assist the Purchaser in obtaining from such manufacturer the benefit of the warranty given by it in respect of the goods and this undertaking is given and accepted instead of and expressly excludes all other statutory or other warranties and conditions whatsoever. The Manufacturer’s warranty is limited to making good by repair or replacement at its option any defects arising during the warranty period in the manufacture’s opinion from faulty materials or workmanship. The Manufacturer’s liability extends only to such repair or replacement and it accepts no liability for any consequential of other loss or damage or injury resulting directly or indirectly from any defect in the goods. The manufacturer’s warranty does not extend to failure defects or damage attributable to wear and tear improper adjustment neglect misuse alteration of specification of accident not to propriety or other components not of its manufacture but the benefit of any guarantee given to the manufacturer in respect of such components will as far as possible be passed on to the Purchaser.
4. USED PLANT
All offers are made subject to prior sale. All descriptions are to the best of our knowledge accurate but are only given as an aid to identification and sales are subject to the Purchaser carrying out his own inspection. Used plant is sold in “as is” condition and it is the responsibility of the Purchaser to ensure its fitness at the time of purchase. No warranty is given or implied as to the condition of Used Plant or of its suitability for any specific purpose.
5. PART EXCHANGE MACHINES AND EQUIPMENT
Where we have agreed to allow part of the total price of the goods to be satisfied by the Purchaser delivering a Part Exchange Machine to us such allowance is hereby agreed to be given and received and such Part Exchange Machine is hereby agreed to be delivered and accepted as part of the sale and purchase of goods upon the following conditions:
(a) Such Part Exchange Machine is to be delivered to us in the same condition as existed at the time of examination by us. If it is not a deduction shall be made from the allowance.
(b) If such Part Exchange Machine is not delivered within 30 days of the date of acceptance thereof by us or if the rate of V.A.T. is varied before delivery of such Part Exchange Machine an adjustment may be made to the allowance.
(c) If such Part Exchange Machine is the subject of any Hire Purchase Agreement or other encumbrance whatsoever this must be notified to us and any allowance shall be reduced by the amount paid or to be paid in settlement of such Agreement of encumbrance and the purchaser hereby authorises us to pay off any such amount.
(d) The Part Exchange Machine shall be delivered to us on or before delivery of the goods to the Purchaser and the property in the Part Exchange Machine shall thereupon pass to us absolute.
6. CONSEQUENTIAL LOSS
We are not responsible or liable for consequential loss or damage due to use breakdown or delay in repair of new or used plant.
7. SERVICE INDEMNITY
We are not responsible for loss or damage to plant or property of whatsoever kind belonging to a Purchaser or customer whilst on our premises or in charge of our employees howsoever caused.
The prices quoted are those ruling at the date of the quotation and are subject to variation. The actual prices charged will be those ruling at date of despatch. Value Added Tax at the applicable rate will be payable in addition to nay prices quoted.
9. TERMS OF BUSINESS
(a) A deposit of such amount as shall be agreed between us and the Purchaser shall be paid by the Purchaser on placing the Order.We shall not be deemed to accept the Order merely by accepting the deposit and no contract shall be constituted by the Order unless and until it has been accepted and acknowledged by us in writing.
(b) If not withstanding Clause 11 hereof the Purchaser purports to cancel an Order fails to accept delivery or complete the contract the deposit shall be forfeited to us but such forfeiture shall not prejudice any other remedy which may have to breach any of the conditions contained herein. © All account are net invoice price payable prior to delivery unless otherwise agreed in writing.
(d) The goods shall remain our property until the price has been paid. A cheque given by a Purchaser in payment shall not be treated as a payment until the same has been cleared unless otherwise agreed in writing.
(e) In the case of hire purchase transactions delivery will be made against the written acceptance of the hire company and payment of the balance of the price to us.
(f) We reserve the right not to execute any Order if the arrangements for payment or the Purchaser’s credit are not satisfactory to us.
(g) In the case of non-payment of any account when due or in the case of death incapacity bankruptcy or insolvency of the Purchaser or where the Purchaser is a limited company in the case of liquidation or the appointment of a receiver we have the right to cancel every order from the purchaser and suspend or continue delivery of goods at our option.
(h) We have the right to retain a machine under lien for our charges and to sell. Such machine if the customer fails to collect such a machine within ninety days of being notified that repairs ordered have been completed. Upon such a sale we shall pay the balance of the proceeds of such a sale if any to the customer after deducting our charges.
(a) Unless otherwise stated all prices are quoted ex-manufacturer’s works. The cost of transport and carriage shall be borne by the Purchaser.
(b) Any damage to goods in transit must be notified to us in writing within 24 hours of delivery. Non-delivery of the whole or part of a consignment must be similarly notified within 14 days of despatch.
(c) When goods are offered for delivery to site our obligation is to deliver as near as safe hard road permits. The Purchaser to provide free of charge labour required for unloading on the site. If at the request of the Purchaser the vehicle leaves the hard road the Purchaser is responsible for any accident or damage of recovery costs resulting therefrom. The Purchaser is to ensure that the vehicle is unloaded with reasonable despatch. If the vehicle is detained for unreasonable period we reserve the right to make an extra charge.
11. ACCEPTANCE OF ORDERS
Orders cannot be cancelled by the Purchaser except with our written consent. Orders for goods made to a special order cannot be cancelled. Orders ex-stock are accepted subject to them not having been previously sold.
12. SUPPLY OF SERVICE
Except where the terms and conditions hereof are inconsistent therewith the supply of goods shall include the supply of services to a Purchaser or a customer.
The Purchaser shall not be entitled to assign the benefits of these terms of conditions or any part thereof.
14. WARRANTY OF AUTHORITY
Our employees have no authority to make any warranty of representation in respect of the goods other than those contained herein.
15. PURCHASER’S ORDER FORM
If the Purchaser’s order form contains special conditions such conditions are binding only insofar as they are not at variance with the terms and conditions hereof.
16. LEGAL CONSTRUCTION
The contract shall in all respects be construed and interpreted in accordance with English Law.
17. USE OF YOUR INFORMATION
This notice sets out in detail how your data will be used by us. If you are providing us with another person’s data you should ask them to also read this Privacy Notice. By giving us information about another person you are confirming that they have given you consent to provide the information to us.
We ourselves are not a not a lender, we pass on enquiries to financial service providers and cannot offer financial advice. We are not responsible or liable for any financial service, loan or mortgage product obtained through a third party.
To the extent that we determine the manner and the purpose of processing, We acknowledge that we are a Data Controller (as defined by the Data Protection Act 1998) of your personal data. We undertake to act in accordance with the Data Protection Act 1998 at all times (including having in place adequate levels of security in respect of such data).
What we will do when you apply:
You agree that we and lenders, such as our preferred supplier of finance facilities JCB Finance Limited, shall be entitled to use and process, by any medium, the information you may provide to us and any other information about you which may be acquired during the lifetime of any loan for the following purposes:-
To identify you when you contact us or them
To help administer, and contact you about improved administration of, any accounts, services and products we have provided before, or provide now or in the future
To carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information using data provided by you
To help to prevent and detect fraud or loss
To pass your details on to product providers like JCB Finance Limited for the purposes of determining if they will provide you with a finance facility
To send marketing messages to you for products and services that We and JCB Finance Limited may deem of potential interest to you
From time to time, service providers and organisations with whom we, JCB Finance Limited, or credit reference agencies with which we work, may be located outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK. We will, however, always use every reasonable effort to ensure sufficient protections are in place to safeguard your Personal Data when passing details to such organisations for processing.
Third party providers and data privacy
If you decide to enter into a contract with a third party provider such as JCB Finance Limited, the information you have provided to us (together with any further information requested by and supplied by you or us to the third party provider) will be held by the provider for the purposes set out in their own privacy notice. Therefore, you are strongly advised to read that provider's privacy notice and satisfy yourself as to the purposes for which the provider will use your personal information before entering into a contact with them.
Some of our product and service providers, like JCB Finance Limited, will carry out checks with credit reference and fraud prevention agencies in order to verify your identity, assess your application for a quotation or credit and offer you the best terms. The checks may be against both public data (such as information from the electoral roll) and private data (such as your credit history).
A record of the search will appear on your credit report. Some product providers may also carry out checks against data they already hold on you (or which is held by the company whose brand they administer the product for, or members of their group of companies) such as data from existing products, account data or loyalty scheme data. They may use this data to help them assess and rate your application for a quote and determine your premiums. They may also pass this data to their insurance underwriters for these purposes where applicable.
PLEASE REMEMBER that while we do not carry out credit searches, our partners, like JCB Finance Limited, may do so at any stage of the quote or purchase process.
18. MODERN SLAVERY STATEMENT
This statement applies to Watling JCB Ltd (referred to in this statement as ‘the Organisation’). The information included in the statement refers to the financial year 2017.
- ORGANISATIONAL STRUCTURE
The Organisation is controlled by the Board of Directors and their Management teams throughout the business operation.
Our Board of Directors consist of talented Professionals who bring strong leadership and wide-ranging expertise and experience. They are dedicated to our principles and goals, and committed to strengthening and facilitating the growth of our business for the benefit of its Customers and Employees.
Regular Board meetings enable our business departments to review and broaden their own working objectives, consider and discuss anything that impacts on the people aspects of the business, including policies, business plans, new initiatives and all aspects of staff motivation and morale.
There are 5 Depots headed up by a Depot Manager, Leicester (Head Office), Peterborough, Kidlington, Leighton Buzzard and Wymondham to offer a Parts, Aftermarket, Attachment and Sales provision to JCB Industry within our dedicated Depot territory areas.
Each Depot Manager is supported by their departmental teams and our Managers operate an 'open door' policy and there are many regular means of communicating strategy and tactics across all levels and functions right across the business.
The culture within our Organisation is predominantly Training and Development to retain and develop our talent to ensure we maintain our JCB World Leader title for excellence in Customer Service awarded to us at the recent JCB World Dealer Award Ceremony held in October 2017.
The Group considers that modern slavery encompasses:
- Human trafficking;
- Forced work, through mental or physical threat;
- Being owned or controlled by an employer through mental or physical abuse of the threat of abuse;
- Being dehumanised, treated as a commodity or being bought or sold as property;
- Being physically constrained or to have restriction placed on freedom of movement.
Watling JCB Ltd acknowledges its responsibilities in relation to tackling modern slavery and commits to complying with the provisions in the Modern Slavery Act 2015. Watling JCB Ltd understands that this requires an ongoing review of both its internal practices in relation to its labour force and, additionally, its supply chains.
Watling JCB Ltd does not enter into business with any other organisation, in the United Kingdom or abroad, which knowingly supports or is found to involve itself in slavery, servitude and forced or compulsory labour.
No labour provided to Watling JCB Ltd in the pursuance of the provision of its own services is obtained by means of slavery or human trafficking. The Group strictly adheres to the minimum standards required in relation to its responsibilities under relevant employment legislation in United Kingdom.
- SUPPLY CHAINS
In order to fulfil its activities, Watling JCB Ltd main supply chains include those related to the Construction, Agricultural, Compact, Heavy Line, Waste & Recycling and Power Generators Industries and we understand that Watling JCB Ltd first-tier suppliers are intermediary traders and therefore have further contractual relationships with lower-tier suppliers.
- POTENTIAL EXPOSURE
Watling JCB Ltd considers its main exposure to the risk of slavery and human trafficking to exist.
In general, Watling JCB Ltd considers its exposure to slavery/human trafficking to be minimal, however, we have taken steps to ensure that such practices do not take place in our business nor the business of any organisation that supplies goods and/or services to it.
Watling JCB Ltd carries out due diligence processes in relation to ensuring slavery and/or human trafficking does not take place in its organisation or supply chains, including conducting a review of the controls of its suppliers.
Watling JCB Ltd has not, to its knowledge, conducted any business with another organisation which has been found to have involved itself with modern slavery.
In accordance with section 54(4) of the Modern Slavery Act 2015, Watling JCB Ltd regularly takes the following steps to ensure that modern slavery is not taking place:
- Review of supplier contracts to include termination powers in the event that the supplier is, or is suspected, to be involved in modern slavery;
- measures in place to identify and assess the potential risks in its supply chains;
- undertake impact assessments of its services upon potential instances of slavery;
- create action plans to address risk to modern slavery;
- any actions taken to embed a zero tolerance policy towards modern slavery;
- KEY PERFORMANCE INDICATORS
Watling JCB Ltd has set the following key performance indicators to measure its effectiveness in ensuring modern slavery is not taking place in the Watling JCB Ltd or its supply chains.
- Requiring staff to complete training on modern slavery;
- Developing a system for supply chain verification; and
- Reviewing their existing supply chains.
Watling JCB Ltd has the following policies which further define its stance on modern slavery:
- Statement of Expectation Policy
- Environmental Safeguarding Policy
- Social Responsibility Policy
- Ethical Working Code Policy
- Equal Opportunities Policy
- Personal Harassment Policy and Procedure
- Data Protection Policy
- E-Mail and Internet Policy
- Smoking Policy
- Health and Safety Policy
- Work Wear Policy
- Site Traffic Policy
- Traffic Management Policy
- Telematics Policy
- Anti-Bribery and Corruption Policy
- Proceeds of Crime (Anti-Money Laundering) Policy
- Substance and Alcohol Misuse Policy
- Remote Working Field Service Engineer Policy
- Confidentiality Policy
- Reporting Lost/Stolen Equipment Policy
- Expenses Policy
- SLAVERY COMPLIANCE OFFICER
Watling JCB Ltd has a Slavery Compliance Officer, to whom all concerns regarding modern slavery should be addressed, and who will then undertake relevant action with regard to the Watling JCB Ltd obligations in this regard.
This statement is made in pursuance of Section 54(1) of the Modern Slavery Act 2010 and will be reviewed for each financial year.
For a signed copy of this statement please contact our Leicester depot.
19. Watling JCB Limited Tax Strategy.
The Watling Group’s tax strategy, approved by the Board, aims to fulfil its compliance and disclosure obligations and ensure that the Watling Group accounts for and settles its tax liabilities. The Watling Group is committed to conducting its tax affairs in accordance with the relevant tax laws and practices.
The tax affairs of the Watling Group are managed in line with group policies and procedures to ensure tax liabilities are accurately calculated. The Watling Group’s commitment to paying its tax liabilities takes into account any incentives and reliefs that are made available by the relevant tax authorities. The Watling Group considers the tax laws of the countries in which it operates when conducting its commercial activities.
The Watling Group does not enter into artificial arrangements for the purposes of tax avoidance. The Watling Group’s tax risk management process is conducted by the Finance and Managing Director who monitor and manage tax risks on a real-time basis. Tax uncertainties are monitored, documented and reported to the Board on a regular basis. In the event of any material uncertainty or complexity in respect of any identified risks, external advice is obtained as a matter of course.
The Watling Group has a constructive and transparent relationship with Her Majesty’s Revenue & Customs (HMRC).
The Watling Group pays a substantial amount of tax in the UK, through direct taxation and through the collection of employment taxes and social security contributions from its employees. The publication of this Watling Group tax strategy complies with Schedule 19 of Finance Act 2016.
Core to this policy, is a commitment to conducting our tax affairs in accordance with all relevant tax laws and practices. As such, Watling JCB Limited does not tolerate any form of tax evasion or the facilitation of tax evasion.
WHAT IS TAX EVASION?
The deliberate and dishonest failure by a taxpayer to declare and pay the correct amount of tax. This is a criminal offence.
WHAT IS THE CRIMINAL FACILITATION OF TAX EVASION?
The deliberate and dishonest provision of assistance to a taxpayer to commit tax evasion. This is also a criminal offence.
WATLING JCB EMPLOYEES’ ACTIONS
All Watling Employees are required to avoid any activities that might lead to, or suggest, that Watling JCB Limited is involved in tax evasion or the facilitation of tax evasion.
In particular Watling Employees must not:
- Make or submit any declarations whatsoever (either written or verbal) to any tax or customs authority without consulting with and obtaining the approval of the Finance Director and the Managing Director, Watling JCB Limited.
- Engage in discussions or negotiations with other Watling Employees or third parties in matters relating to the reduction of taxation (including duties) without consulting with the Finance Director and the Managing Director, Watling JCB Limited.
Where a Watling Employee is approached by another Watling Employee, JCB dealer, supplier or other third party to discuss taxation matters (and in particular the reduction in taxation liabilities), the Watling Employee should notify the Finance Director and the Managing Director, Watling JCB Limited immediately.
Mr J J King FCA
We, JCB Finance Limited and its group may contact you in the ways described in our Privacy Notice or in any other way about similar products and services to those you have purchased, unless you tell us that you would prefer not to receive such marketing information.
You can email at any time to opt-out of receiving such marketing from us. If you no longer wish to be contacted by JCB Finance Limited or other third parties for marketing purposes please follow the instructions in their marketing communications, or consult their privacy policies for further information about unsubscribing.
You have a right to receive a copy of the information we hold about you if you apply to us in writing. A fee will be payable. Our Contact Details are listed below. You also have the right to ask us to correct incorrect data which we may hold about you, you can do so by writing to us at our contract address.
We will keep your personal information protected and retain it only for as long as the law requires or permits
If you have any questions about this Privacy Notice or our treatment of your personal information, you can write to us by post, or telephone us or email us
We are registered under the Data Protection Act 1998.
FINANCING YOUR PURCHASE – FREQUENTLY ASKED QUESTIONS
Who are we?
Name: Watling JCB Limited
Registered address: Dog and Gun Lane Whetstone Leicester LE8 6LJ
Telephone: 0116 2863621
What can we do to help finance your purchase?
We do not and cannot operate as your agent however, we can introduce you to JCB Finance Ltd who may be able to finance your purchase. They are our preferred suppplier of finance facilities.
Are we able to help you finance your purchase?
Yes, we are authorised and regulated by the Financial Conduct Authority (FCA).
Our FAC Full Permission Number is 670008.
Our permitted business is: credit broking, debt adjustment, debt counselling
You can check this on the Consumer Credit Register by visiting the FCA website at www.fca.org.uk or contacting the FCA on 0845 606 1234. We are listed as a consumer credit firm.
Do you have to pay for our help?
No, you make no payment to us but JCB Finance Ltd will pay us for introducing you to them.
Can we give independent financial advice?
No, we are neither an independent financial adviser nor an independent debt adviser and so are unable to provide you with independent financial advice or independent debt advice on the management of your debts.
Any opinion and/or statements we provide in relation to JCB Finance credit products only, are given on our own behalf and JCB Finance Ltd have no liability whatsoever for such opinion or statement.
What can you do if you wish to complain about our services?
If you wish to make a complaint, please contact us in the first instance by writing to us at:-
Dog and Gun Lane Whetstone Leicester LE8 6LJ
or by telephoning us on 0116 2863621.