Peacock & Binnington Approved STIHL and VIKING Dealer

1 Definitions

1.1 Buyer means the person who buys or agrees to buy the goods from the Seller. 1.2 Conditions means the terms and conditions of sales set out in this document and any special terms and conditions agreed in writing by the seller. 1.3 Delivery date means the date specified by the seller when the goods are to be delivered. 1.4 Goods means the articles when the buyer agrees to buy from the seller. 1.5 Price means the price for the goods excluding carriage, packing, insurance and VAT. 1.6 Seller means Peacock & Binnington whose registered office is Old Foundry, North Lincolnshire DN20 8NR.

2 Conditions applicable

2.1 These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order confirmation of order or similar document. 2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase Goods pursuant to these conditions. 2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of the conditions. 2.4 Any variation to these conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed within writing by the seller. 2.5 No clerical errors or omissions in quotations or acceptances of orders shall annul the sale but shall be subject to subsequent correction by the seller and no compensation shall be allowed to the buyer in the respect thereof.

3 The price and the payment 3.1 The price shall be the price set out overleaf. The price is exclusive of VAT, which shall be due at the rate ruling on the date of the sellers invoice. 3.2 Payment of the Price and VAT shall be due on the 25th of the month following Date of invoice except where the customer is not an account holder or the goods comprise Agricultural or Horticultural machinery or Horticultural service in which case payment shall be due on collection/ delivery. Time of payment shall be of the essence. 3.3 Interest on overdue invoices shall accrue from the date when payment Becomes due from day to day until the date of payment at a rate of 2% above Barclays bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. 3.4 Where the price of the goods shall be the quoted price this shall be binding on the seller provided the buyer shall accept the sellers quotation within 14 days.

The seller may be giving notice to the buyer at any time up to 7 days before delivery increase the price of the goods to reflect any increase in the cost to the seller which is due to the occurring after the making of the contract of sale any matter or thing which is beyond the reasonable control of the seller (including without limitation foreign exchange fluctuation taxes and duties increases in costs by the manufacturer and other manufacturing costs and the cost of labour and materials). The price is exclusive of VAT, which shall be due at the rate ruling of the sellers invoice. 3.5 The buyer shall not be entitled whether by reason of any claim against the seller or for any other reason whatsoever under any circumstances to defer payment of any monies payable to the seller as and when such monies become due and payable.

4 Goods 4.1 The quality and description of the goods shall be set out in the sellers confirmation of order and shall be supplied in accordance with all applicable British Standards which relate specifically to the goods. 4.2 The seller may from time to time make changes in the specifications of the goods that are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods. 4.3 The seller will not be bound to sell goods that correspond with illustrations, leaflets, advertisements and drawings or other matter issued by or on its behalf

The sellers designs are necessarily subject to alterations and the buyer shall Buy upon the understanding that such alterations may be made if the seller deems such alterations to be necessary.

4.4 All weights, measurements and horsepower etc given in estimates, illustrations leaflets , advertisements or drawings or other matter issued by or on behalf of the seller are believed to be correct but are not guaranteed and shall not be binding on the seller insofar as it is fair and reasonable to vary such estimates illustrations, leaflets, advertisements, drawings or other matter issued by or on behalf of the seller.

5 Cancellations

No orders given to the seller can be cancelled without the sellers consent in writing having been obtained and it shall be implied condition of such cancellation that the buyer shall indemnify the seller against all loss and expenses occasions thereby.

6 Warranties and Liability The seller warrants that the goods will be at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms 1977 section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded, save in respect of those terms which introduced amendments to the sale of goods act 1979 requiring goods supplied to be of satisfactory quality.

7 Delivery The time given for delivery is an estimate only. It is given in good faith but not guaranteed and the seller will not be bound by it.

8 Acceptance of the goods The buyer shall be deemed to have accepted the goods after either collection by the buyer or delivery to the buyer.

9 Title and Risk 9.1 The goods shall be at the buyers risk as from delivery or collection. 9.2 In spite of delivery having been made property in the goods shall not pass from the seller until: 9.2:1 the buyer shall have paid the price plus VAT in full; and 9.2:2 no other sums whatsoever shall be due from the buyer to the seller. 9.3 Until property in the goods passes to the buyer in accordance with clause 9.2

The buyer shall hold the goods and each of them on a fiduciary basis as bailee for the seller. The buyer shall store the goods (at no cost to the seller) separately from all other goods in its position and marked in such a way that they are clearly identified as the sellers property.

9.4 Notwithstanding that the goods (or any of them) remain the property of the buyer may sell or use the goods in the ordinary course of the buyers business at full market value for the account of the seller. Any such sale or dealing shall be a sale or use of the seller’s property by the buyer on the buyer’s own

behalf and the buyer shall deal as principal when making such sales or dealings. Until property in the goods passes from seller to the entire proceeds of sale or other wise of the goods shall not be held in trust for the seller and shall not be nixed with other money or paid to any overdrawn bank account and shall be at all material times identified as the sellers money.

9.5 The seller shall be entitled to recover the price (plus VAT) notwithstanding that property in any of the goods has not passed from the seller. 9.6 Until such time as property in the goods passes from seller the buyer shall upon request deliver up such of the goods as have not ceased to be existence or resold to the seller. If the buyer fails to do so the seller may enter upon any premises owned, occupied or controlled by the buyer where the goods are situated and repossess the goods. On the making of such a request the rights of the buyer under clause 9.4 shall cease.

9.7 The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the goods, which are the property of the seller. Without prejudice to the other rights of the seller, if the buyer does so all sums whatsoever owing by the buyer to the seller shall forthwith become due and payable.

9.8 The buyer shall insure and keep insured goods to the full price against all risks to the reasonable satisfaction of the seller until the date that property in the goods passes from the seller, and shall whenever requested by the seller produce a copy of the policy of insurance. Without prejudice to the other rights o the seller, if the buyer fails to do so all sums whatever owing by the buyer to the seller shall forthwith become due and payable.

9.9 The buyer shall promptly deliver the prescribed particulars of this contract to the registrar in accordance with the companies act part XII as amended. without prejudice to the other rights of the seller, if the buyer fails to do so all sums whatever owing by the buyer to the seller shall forthwith become due and payable.

10 This contract is subject to the law of England and Wales.

11 Waiver

No waiver or forbearance by the seller or buyer (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.

12 Sub- contracting

The seller shall not assign sub-contract licence or other wise dispose of any part of its rights or obligations under this contract without the prior written consent of the buyer.

13 Force Majeure

Neither party shall be liable for any default due to any act of god, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

14 Seller’s Cancellation Clause

The seller may cancel this contract at any time before the goods are delivered by giving written notice. On giving such notice the seller shall promptly repay to the buyer any sums paid in respect of the price. The seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

15 Remedies in sale contract

a. Exclusions of liability for indirect loss

the seller shall be under no liability whatever to the buyer for any indirect loss and/ or expense (including loss of profit) suffered by the buyer arising out of a breach by the seller of the contract.

b. General limitations of seller’s liability.

In the event of any breach of this contract by the seller the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the seller exceed the price of the goods.

c. Exclude liability for delay in delivery. 0.1 The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods (or any of them) promptly or at all.

0.2 Notwithstanding that the seller may have delayed or failed to deliver the goods (or any of them) promptly the buyer shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.

d. 0.1 No goods delivered to the buyer which are in accordance with the contract will be accepted for return without prior written approval of the seller on terms to be determined at the absolute discretion of the seller.

0.2 If the seller agrees to accept any such goods for return the goods must be in an as new saleable condition. The buyer will be liable to pay a handling charge of up to 25% of the invoice price. Such goods must be returned by the buyer carriage – paid to the seller and returned by the seller to the manufacturer carriage – paid by the buyer.

0.3 Goods returned without prior written approval of the seller may at the sellers absolute discretion be returned to the buyer or stored at the buyers cost without prejudice to any rights or remedies the seller may have.

16 Intellectual Property

The specification and designs of the goods (including copyright design or other intellectual property) in them shall as between the parties be the property of the seller. Where any designs or specifications have been provided by the buyer for manufacture by or to the order of the seller then the buyer warrants that the use of these designs or specifications for the manufacture processing assembly or supply of those goods shall not infringe the rights of any third party.

17 Servicing Work

Any servicing work carried out by the seller shall be carried out to the standard of a competent firm in the field at the then standard hourly rate of the seller at the time of providing such services together with the cost of any parts provided by the seller and value added tax. Any dispute as to price shall be decided by an independent agricultural engineer whose identity in default of agreement shall be decided by the president for the time being of the British Agricultural and Garden Machinery Association acting as expert, whose decision shall be final, and binding the costs of whose appointment and acting shall be borne by the buyer in the event that the price is deemed to be reasonable. 18 Nothing in this contract or these conditions will operate to amend, detract or adversely affect the buyers statutory rights.

19 For the avoidance of doubt nothing in this contract is intended to confer on any third party any benefit or right to enforce any terms of the agreement.

VAT ID Number
GB128 1285 77

Peacock & Binnington | Registered in England No. 2519198 | VAT: GB 128 1285 77

  • Subject of Customer Information
  • Seller
  • Conclusion of contract
  • Prices and shipping costs
  • Delivery and pick-up
  • Payment
  • Ordering process
  • Warranties and statutory right’s for defective products

Seller

The purchase agreement is made with Peacock & Binnington, The Old Foundry, Brigg, North Lincolnshire. DN20 8NR. UK. In case of any questions or complaints, please contact us at sales.office@peacock.co.uk or +44 (0)1652 600200.

Conclusion of contract

By clicking the "Buy now" button, you are placing a binding order for the items listed on the order form. Following the submission of your order, you will receive an order confirmation by email. The contract is concluded with the receipt of this order confirmation.

Languages available for contract conclusion

The following languages are available for the conclusion of the contract: English.

Prices and shipping costs

The prices listed on the product pages always include the respective value-added tax applicable by law, as well as all other price components. Shipping costs apply to our deliveries. The shipping costs are shown. Further costs that are not discharged or billed by us are not incurred.

Delivery and pick-up

Unless stated otherwise in the product description, the items that we offer for delivery are generally delivered in 5 business days. Delivery is made only to mainland United Kingdom. If we offer pick-up of the item, you will receive a notice as soon as the item is ready to be picked up. If, in the course of processing your order, items are found to be not available, you will be notified by email.

Payment

Payments are handled through Paypal.

Ordering process

When you have selected the desired product, you can add it to your shopping cart with no obligation by clicking the [Add to Shopping Cart] button. You can view the content of the shopping cart at any time, with no obligation, by clicking the [Shopping Cart] button. Items can be removed from the shopping cart by clicking the [Delete] button.

If you wish to purchase the items in your shopping cart, click the [Checkout] button. Then, please enter your information. Mandatory information is marked by an asterisk. Registration is not required. Your information is transmitted with encryption. After entering your information, you can review your entries. The ordering process is completed by clicking the "Buy now" button. The process can be cancelled at any time by closing the browser window. The individual pages will provide you with further information, e.g. how to make corrections.

We keep your ordering information on file and include it as well as our standard Terms and Conditions (AGB) in the order confirmation that we send you by email.

The Standard Terms and Conditions are at: TermsAndConditionsLink and can be reviewed, downloaded and saved. For security reasons, after completing the order your ordering information will no longer be accessible through the Internet.

Warranties and statutory right’s for defective products For all offered items, the statutory rights for defective products do apply. Furthermore, please be aware, that for all STIHL and VIKING branded products the warranty conditions of Andreas Stihl Ltd apply {{WarrantyConditionsLink}}.

Privacy Policy SOP

Peacock & Binnington ("We", “Our”,”Us”) are committed to protecting and respecting your privacy.

This privacy policy applies to the website Peacock & Binnington (the "Site") and sets out the basis on which any data We collect from you, or that you provide to Us, will be processed.

This policy is in accordance with the Data Protection Act 1998 (the “Act”).

Please read the following carefully to understand Our views and practices regarding your personal data and how We will treat it.

For the purpose of the, the data controller is Peacock & Binnington, The Old Foundry, Brigg, North Lincolnshire. DN20 8NR. UK.

Data collected via the Site will be processed on our behalf by the provider of the Site, ANDREAS STIHL LIMITED of STIHLHOUSE, STANHOPE ROAD, CAMBERLEY, SURREY GU15 3YT and any sub-contractors it may appoint from time to time, in accordance with Our instructions.

Information We May Collect From You

As you navigate through and interact with the Site, We may collect and process the following data about you:

Information you give to Us

  • You may give Us information about you when you search for a product or place an order on the Site;

  • The information you give Us may include your name, address, e-mail address and phone number, financial and credit card information, customer history and billing and payment data. In addition, if you contact Us, We may keep a record of that correspondence.

Some of this information may inevitably comprise personal data about you.

Information we collect about you

  • Details of your visits to the Site, including traffic data, location data and information about the resources that you access and use on the Site;
  • Information about your operating system and browser type.

The information We collect about you is statistical data about users' browsing actions and patterns, and does not identify any individual. It helps Us to improve the Site and to deliver a better and more personalized service by enabling Us to:

  • Estimate the Site’s audience size and usage patterns;
  • Store information about your preferences;
  • Speed up your searches;
  • Recognize you when you return to the Site.

Information we receive from other sources

  • We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

Cookies

We may obtain information about your general internet usage by the use of a cookie file which is stored on the hard drive of your computer in order to distinguish you from other users of the Site. A Cookie is a small piece of data that a website can send to your computer’s browser so that this computer will be recognised by the Site on your return.

Cookies allow your computer to be recognised on connection to the Site, enabling Us to provide a better browsing experience. In addition cookies may also be used to help gather statistics about the use of the Site, such as Site performance..

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. For more information about cookies, please see the Information Commissioner's website home page or the Interactive Advertising Bureau.

Uses Made Of the Information

The information held about you will be used as determined by Us including but not limited to the following:

Information you give to Us

  • To present the Site and its contents to you;
  • To ensure that content from the Site is presented in the most effective manner for you and for your computer;
  • To provide you with the information and products that you request;
  • To provide you with information about other products that are similar to those that you have already purchased or enquired about where you have consented to be contacted for such purposes;
  • To carry out obligations arising from any contracts entered into between you and Us;
  • To allow you to participate in interactive features of the Site, when you choose to do so;
  • To notify you about changes to the Site.

Information we collect about you

  • To improve the Site to ensure that content is presented in the most effective manner for you and for your computer;
  • As part of Our efforts to keep the Site safe and secure;
  • To measure or understand the effectiveness of advertising served to you and others, and to deliver relevant advertising to you;
  • To make suggestions and recommendations to you and other users of the Site about products and offers that may interest you or them.

Disclosure of Your Information

We may share your personal information with any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract We may enter into with them or you;
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to advertisers, but we may provide them with aggregate information about users;
  • We may make use of the personal data we have collected from you to enable Us to comply with Our advertisers' wishes by displaying their advertisement to that target audience;
  • Analytics and search engine providers that assist Us in the improvement and optimisation of the Site. We may disclose your personal information to third parties:
  • If We or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our contacts will be one of the transferred assets;
  • If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms and conditions and other agreements; or to protect Our rights, property, or the safety of, Our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
  • To fulfil the purpose for which you provide it;
  • For any other purpose disclosed by Us when you provide the information;
  • With your consent.

Where We Store Your Personal Data

We will generally only process personal data within the territory of the United Kingdom, in a member state of the European Union or in another state party to the Agreement on the European Economic Area. However, your personal data may be outside such countries (for example by Our staff or the staff of one of Our suppliers). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

By submitting your personal data, you agree to this transfer, storing or processing.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

Your Rights

You have the right to ask Us not to process your personal data for marketing purposes, to correct your data or to delete your data by contacting Us at

Peacock & Binnington, The Old Foundry, Brigg, North Lincolnshire. DN20 8NR. UK

The Site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates, including those of Andreas Stihl Limited. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing you with details of the information We hold about you.

Changes to Our Privacy Policy

Any changes We may make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to

Peacock & Binnington, The Old Foundry, Brigg, North Lincolnshire. DN20 8NR. UK

What are cookies?

Cookies are tiny text files stored on your computer when you visit certain web pages. We use cookies to keep track of what you have in your cart, submit Contact forms, and to remember you when you return to our site.

To purchase STIHL products, you need to have cookies enabled. If you don't wish to enable cookies, you'll still be able to browse the site, but you will not be able to submit Contact forms or purchase any products.

Please note that cookies can't harm your computer. We don't store personally identifiable information such as credit card details in cookies we create.

We're giving you this information as part of our initiative to comply with recent legislation, and to make sure we're honest and clear about your privacy when using our website. Click here to view our Privacy Policy and Terms & Conditions.

Further information about cookies

If you'd like to learn more about cookies in general and how to manage them, visit aboutcookies.org

Managing cookies

To purchase STIHL products, you need to have cookies enabled. If you don't wish to enable cookies, you'll still be able to browse the site, but you will not be able to submit Contact forms or purchase any products.

To manage your cookies, see the below guides for the four most popular browsers:

-Internet Explorer:
http://windows.microsoft.com/en-GB/windows-vista/block-or-allow-cookies

-Google Chrome:
https://support.google.com/accounts/answer/61416?hl=en-GB

-Mozilla Firefox:
https://support.mozilla.org/en-GB/kb/enable-and-disable-cookies-website-preferences

-Safari:
http://support.apple.com/kb/HT1677?viewlocale=en-GB

For all other browsers, please consult your documentation or online help files.

Our Cookies:

Our cookies policy

Here's a list of the main cookies we use, and what we use them for:

Cookie name Cookie purpose
CookieNoticeDisplayed We use this cookie to not display the cookie notice banner, after you have accepted or reviewed our cookie policies.
Cart This is used to identify your current shopping cart as your own.
CartTotalCookie This is used to identify the current count of items in your shopping cart.
__RequestVerificationToken This security cookie is used to validate current requests and protect against cross site request forgery.
lco We use this cookie to identify the last checkout completed during the checkout process for checkout record keeping.

Third party cookies

We don't control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.

Please note that we're not responsible for the content of external websites.

Here’s a list of the third party cookies we use, and what we use them for:

Partner name What their cookies are used for
AddThis AddThis uses cookies in a variety of ways, most notably for social sharing purposes. Link(s) to usage details: http://support.addthis.com/customer/portal/questions/327365-cookie-audit
Google Google Analytics uses cookies for user behavior tracking and other analytics purposes. Link(s) to usage details: http://www.google.com/intl/us_en/policies/technologies/cookies/

'Share' tools

If you take the opportunity to 'share' content with friends through social networks – such as Facebook and Twitter - you may be sent cookies from these websites. We don't control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.