J Z MACHINERY UK LTD

Introduction & Legal Framework

1.1 Introduction

Welcome to the legally binding warranty terms and conditions of J Z MACHINERY UK LTD, a company incorporated under the laws of England and Wales, Company Number 10175396, and operating from our principal trading address at Unit 6 First Floor Victoria Mansions, 32-35 Hall Street, Birmingham, West Midlands, England, B18 6BS.

As a premier supplier of industrial, agricultural, and metalworking machinery, we uphold an unwavering commitment to legal integrity, contractual clarity, and customer protection in accordance with UK statutory and regulatory standards.

Our policies are drafted in alignment with primary legislation, subordinate regulations, and relevant case law, ensuring comprehensive protection of both vendor and buyer interests in all commercial machinery transactions.

1.2 Legal Standing and Authority

This document constitutes a legally binding agreement between J Z MACHINERY UK LTD (hereinafter referred to as “the Company”, “we”, or “us”) and the Purchaser (hereinafter referred to as “you” or “the Buyer”).

By entering into a purchase agreement, you expressly agree to be bound by the terms herein, in conjunction with:

• The Consumer Rights Act 2015
• The Sale of Goods Act 1979 (as amended)
• The Supply of Goods and Services Act 1982
• The Business Protection from Misleading Marketing Regulations 2008
• The Electronic Commerce (EC Directive) Regulations 2002
• The Unfair Contract Terms Act 1977
• Any other applicable legislation, statutory instrument, or common law principle in force in the United Kingdom.

This Warranty Policy forms part of the full commercial contract and is enforceable as such under English contract law.

1.3 Scope of the Warranty Policy

This policy applies to all used, refurbished, and reconditioned machinery sold directly by J Z MACHINERY UK LTD, whether via online, phone, or in-person transactions. The policy sets out:

• The legal and contractual basis of our warranty
• Coverage and exclusions
• The claims process
• Remedies available to the Buyer
• Statutory entitlements and limitations
• Terms governing criminal misuse, fraud, and liability
• Jurisdiction and dispute resolution procedures

This document is intended to supplement, not substitute, your statutory rights under UK law.

1.4 Governing Principles

This policy is governed by the following core principles:

• Transparency – All terms are presented in plain English, supported by legal terminology where necessary.
• Fairness – No clause herein seeks to unfairly limit, override, or misrepresent consumer rights.
• Enforceability – Each provision is legally enforceable in a court of law within the United Kingdom.
• Accountability – We maintain accurate records of all sales, warranties, and customer communications to ensure legal compliance.
• Security – Any breach of this agreement by either party may result in civil litigation and/or criminal prosecution under UK law.

Warranty Coverage – Legal Entitlements and Limitations

2.1 Scope of Warranty Coverage

Under this legally binding warranty, J Z MACHINERY UK LTD provides a 6-month commercial warranty from the date of invoice. This warranty applies to machinery sold to UK and international commercial buyers for industrial or agricultural use, subject to the terms set out herein.

The warranty protects the buyer from mechanical or electrical failure arising under conditions of normal, lawful, and intended usage.

2.2 Components Covered

The following major systems are covered under this warranty:

2.2.1 Engine

• Coverage includes internal mechanical failure due to defective parts or materials.
• Does not include consumables (e.g., filters, belts) unless directly linked to the fault.

2.2.2 Hydraulic System

• Includes hydraulic pumps, valves, and cylinders.
• Must be maintained per manufacturer guidelines to remain covered.

2.2.3 Electronics

• Includes internal wiring, control units, instrument panels, and electronic sensors.
• Faults arising from power surges or improper installation are excluded.

2.3 Statutory Entitlements – UK Buyer Rights

This warranty exists in addition to, and does not override, the statutory rights provided under:

• The Sale of Goods Act 1979
• The Consumer Rights Act 2015 (where applicable to sole traders or non-limited companies purchasing for mixed use)
• The Supply of Goods and Services Act 1982

In accordance with these laws, all goods must be:

• Of satisfactory quality
• Fit for a particular purpose (if the purpose was made known to the seller)
• As described

Any attempt to restrict these rights would be void under Section 31 of the Consumer Rights Act 2015.

2.4 Conditions for Valid Warranty

For this warranty to remain valid:

1. The machinery must be used responsibly and lawfully.
2. All routine servicing and maintenance must be documented and performed at reasonable intervals.
3. The machine must not be altered, tampered with, or repaired by any third party without prior written approval from J Z MACHINERY UK LTD.
4. The buyer must provide prompt notice (within 7 days) upon discovering any defect.

2.5 Exclusions and Limitations

This warranty does not cover:

• Normal wear and tear consistent with expected usage
• Damage caused by:
  • Improper storage or handling
  • Operation outside the intended use-case
  • Exposure to weather, chemicals, or environmental hazards
• Any unauthorized modification or repair
• Cosmetic issues (scratches, fading, dents) that do not affect performance
• Any claim arising from:
  • Negligence
  • Deliberate misuse
  • Unlawful use (e.g., use in criminal activities)

These exclusions are deemed fair and reasonable under the Unfair Contract Terms Act 1977.

2.6 Warranty Limit of Liability

In accordance with Section 11 of the Unfair Contract Terms Act 1977, and relevant case law (e.g. George Mitchell Ltd v Finney Lock Seeds Ltd [1983]), our liability under this warranty is limited to:

• The repair, replacement, or refund of the machinery or defective part
• The original value of the transaction (excluding delivery/transport costs)
• We accept no liability for:
  • Consequential or indirect losses
  • Downtime, lost profits, or business interruption
  • Any third-party claims related to the use or failure of the machinery

Warranty Claim Process & Remedies

3.1 Initiating a Warranty Claim

In the event of a suspected defect or mechanical failure during the warranty period, the Buyer must notify J Z MACHINERY UK LTD in writing via email or postal correspondence.

Notice of Claim must include the following minimum information:

• Full legal name and contact details of the Buyer
• Original invoice number and date of purchase
• Make, model, and serial number of the machinery
• Detailed written description of the defect or issue
• Photographic or video evidence, where applicable

Failure to provide sufficient evidence may result in delays or rejection of the claim.

3.2 Claim Submission Deadline

All warranty claims must be submitted:

• Within 7 calendar days from the date the defect was first discovered, and
• Within 6 months of the original date of purchase

Delays beyond these timeframes may result in forfeiture of the warranty claim, unless an exception is granted at our sole discretion, consistent with the principle of good faith under English contract law.

3.3 Evaluation and Inspection

Upon receiving a valid claim, J Z MACHINERY UK LTD will undertake the following steps:

1. Review of submitted documentation and evidence
2. Request for any additional information deemed necessary
3. If required, we may appoint an independent expert to conduct a technical inspection or request that the machinery be returned (at the Buyer’s cost initially, refundable if the claim is upheld)

We will endeavour to provide a preliminary determination within 14 business days of receiving a complete claim.

3.4 Remedies Available

If a claim is accepted, we will offer one of the following remedies, based on the severity and nature of the defect:

3.4.1 Repair

• Performed by our authorized technicians or approved service agents
• Labour and parts are covered; transport or removal costs may be excluded

3.4.2 Replacement

• Full or partial replacement with a unit of equal or greater value
• Subject to availability of stock and model compatibility

3.4.3 Refund

• A full or partial refund may be issued where repair or replacement is:
  • Technically unfeasible
  • Commercially unreasonable
  • Would result in unreasonable delay

All remedies will be offered in accordance with Section 23 of the Consumer Rights Act 2015, where applicable, and common law principles of equitable remedy and contractual restitution.

3.5 Obligations During Dispute

Buyer’s Obligations:

• Cease use of the machinery if further operation may worsen the fault
• Preserve the machine in its current condition for inspection
• Refrain from disassembling or modifying the equipment

Seller’s Obligations:

• Acknowledge all written warranty claims within 5 working days
• Conduct fair and unbiased assessment of all evidence
• Provide timely communication regarding claim status and next steps

3.6 Jurisdiction and Dispute Resolution

All disputes arising from warranty claims shall be governed by the laws of England and Wales and may be referred to:

• Alternative Dispute Resolution (ADR) providers for non-court resolution
• County Court or High Court of Justice, where applicable

Where parties fail to reach amicable settlement, proceedings may be initiated before the competent UK court, and venue shall be deemed to be in England.

This clause does not affect any statutory rights to seek redress via Trading Standards or the Citizens Advice Consumer Helpline.

General Legal Provisions & Enforcement

4.1 Disclaimer of Additional Warranties

Except as expressly provided in this document, J Z MACHINERY UK LTD disclaims all other warranties, whether express or implied, to the fullest extent permitted by law, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of third-party rights

No verbal or written statement made by any employee, agent, or representative of the Company shall create any warranty or representation not expressly contained herein.

This clause is enforceable under Section 6(2)(a) of the Unfair Contract Terms Act 1977, subject to limitations where consumer protections apply.

4.2 Entire Agreement Clause

This Warranty Policy, along with the original invoice, purchase order, and any written communications referencing this policy, constitutes the entire agreement between the parties concerning warranty and post-sale remedies.

It supersedes all prior agreements, negotiations, and representations, whether oral or written, relating to the warranty or condition of the machinery sold.

4.3 Amendments and Notices

This policy may be updated or modified at any time, provided that any changes:

• Do not affect existing warranties for items already sold
• Are communicated on the official website (www.jz-machinery.co.uk)
• Are dated clearly to establish their effective start

Any legal notices to or from J Z MACHINERY UK LTD must be sent in writing by:

• Registered mail to our official company address, or
• Email with delivery/read receipt requested to: sales@jz-machinery.co.uk

4.4 Severability Clause

If any provision of this Warranty Policy is found to be invalid, unlawful, or unenforceable by a UK court or competent authority, such provision shall be severed and the remainder of the agreement shall continue in full force and effect.

This clause upholds the doctrine of partial invalidity recognised under UK contract law.

4.5 Criminal Misuse, Fraud, and Liability

In accordance with the Fraud Act 2006, Misrepresentation Act 1967, and the Theft Act 1968, any warranty claim found to be:

• Falsified
• Fraudulent
• Submitted with intent to deceive or manipulate

may result in criminal prosecution, civil liability, or both. J Z MACHINERY UK LTD reserves the right to report such conduct to law enforcement and pursue full legal remedies.

4.6 Force Majeure

The Company shall not be liable for any failure or delay in fulfilling its obligations under this policy due to events beyond its reasonable control, including but not limited to:

• Acts of God (floods, storms, natural disasters)
• War, terrorism, or civil unrest
• Governmental actions, sanctions, or import/export restrictions
• Labour disputes, strikes, or supply chain interruptions

This clause is enforceable in accordance with English case law including Tsakiroglou & Co Ltd v Noblee Thorl GmbH [1962] and common law doctrines.

4.7 Legal Jurisdiction and Enforcement

This policy and all disputes arising under or related to it shall be governed by and construed in accordance with the laws of England and Wales.

The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, unless alternative dispute resolution (ADR) is agreed upon in writing.

Supplemental Legal Clauses

5.1 Final Sales Clause & Criminal Enforcement

All machinery sales are final and non-returnable, in accordance with the Distance Selling Regulations exemption for business-to-business (B2B) transactions and customized or bespoke goods.

Any attempt to submit a false warranty claim, initiate a fraudulent return, or intentionally damage machinery for the purpose of a claim will be considered a criminal offence under:

• Fraud Act 2006
• Criminal Damage Act 1971
• Theft Act 1968

J Z MACHINERY UK LTD reserves the right to:

• Reject fraudulent claims
• Pursue civil damages
• Report the matter to UK authorities, including but not limited to:
  • UK Police
  • Action Fraud
  • HMRC, where relevant (e.g., VAT fraud, false accounting)

The Company reserves the right to initiate private prosecution or support state prosecution as deemed appropriate.

5.2 Legal Disputes & Jurisdiction

All legal relations arising from or connected to this Warranty Policy shall be governed exclusively by the laws of England and Wales.

Any dispute, controversy, or claim shall be subject to the exclusive jurisdiction of the High Court of Justice in London, unless otherwise agreed in writing via Alternative Dispute Resolution (ADR).

J Z MACHINERY UK LTD affirms its compliance with the following UK laws and directives:

• UK Consumer Protection Regulations
• Business Protection from Misleading Marketing Regulations 2008
• The Electronic Commerce (EC Directive) Regulations 2002

5.3 Updates to Warranty Policy

We reserve the right to revise or update this Warranty Policy in accordance with:

• The Companies Act 2006
• UK Government Business and Industry Regulations
• Evolving regulatory guidance from the Department for Business and Trade (DBT) or the Competition and Markets Authority (CMA)

All updates shall be published on our website and will take immediate legal effect upon publication, unless otherwise specified.

The most recent version will always supersede prior versions. Buyers are advised to regularly consult our Warranty Policy page at www.jz-machinery.co.uk to remain informed of current terms.