General Sales Conditions

'Seller' means TMC EQUIP, Nusterweg 105, 6136 KT Sittard, Netherlands. 'Buyer' means the natural or legal person to whom a quotation is addressed or with whom a sales agreement is concluded. 'Equipment' means the machine or parts described in the order confirmation.

These conditions apply to all offers, order confirmations and agreements between Seller and Buyer, to the exclusion of any general terms of the Buyer, unless expressly agreed otherwise in writing.

All quotations are non-binding and valid for 14 days unless stated otherwise. An agreement is formed only after written order confirmation by the Seller or upon start of performance. Photographs, hour readings and technical descriptions are given in good faith but are not guaranteed to be exhaustive.

Prices are stated in euros (€) and exclude VAT, transport, insurance, import duties and any other statutory charges, unless expressly stated otherwise. Prices are based on cost factors known on the date of the quotation; significant changes to those factors before delivery may be passed on to the Buyer.

Unless otherwise agreed, invoices are payable within 8 days of the invoice date, without any deduction or set-off. A deposit of 20% may be required to reserve equipment. In case of late payment the Buyer owes statutory commercial interest and reasonable collection costs.

All Equipment remains the property of the Seller until the Buyer has paid the full purchase price and any related charges. Until then the Buyer may not resell, pledge or otherwise encumber the Equipment.

Delivery times are indicative and never fatal. Risk in the Equipment passes to the Buyer on delivery, or if the Buyer fails to take delivery, from the date the Equipment is made available. Detailed shipping terms are set out on our Shipping page.

The Buyer is entitled to inspect the Equipment at the Seller's yard or by appointment prior to delivery. On delivery the Buyer must inspect the Equipment without delay and report any visible defects in writing within 48 hours, failing which the Equipment is deemed accepted.

Used Equipment is sold with a 12-month parts and labour warranty from the date of delivery, subject to the exclusions set out on our Money-Back page. Wear parts (tracks, tyres, cutting edges, filters, fluids) and damage caused by misuse, overload, unauthorised modification or lack of maintenance are excluded.

Consumers established in the EU who purchase online at a distance benefit from the statutory 14-day right of withdrawal. Refund and return procedures are described on our Refund & Returns page. The right of withdrawal does not apply to bespoke Equipment or where mandatory law excludes it.

The Seller's liability under an agreement is limited to the invoice value of the Equipment concerned. The Seller is not liable for indirect or consequential damage including loss of profit, loss of production or downtime. This limitation does not apply in case of intent or gross negligence of the Seller or its management, or where mandatory law provides otherwise.

The Seller is not liable for any failure to perform caused by circumstances beyond its reasonable control, including strikes, transport disruption, supplier default, epidemics, war, government measures and IT outages. During force majeure the Seller's obligations are suspended.

All agreements are governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Disputes will be submitted to the competent court of Limburg, unless mandatory rules of consumer protection require otherwise.