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Terms & Conditions
1. GENERAL
(a) Any Goods supplied by the Seller are subject to these
Terms and Conditions of Sale which supersede all other
Terms and Conditions, representations or undertakings
made by the Buyer or the Seller whether during the course
of negotiations between the Buyer and the Seller or
whether before or after these Terms and Conditions.
Acceptance of the Goods shall be deemed to be
acceptance of these Terms and Conditions. (b) No
agreements shall be effective to vary this contract unless
agreed upon in writing by a Director of the Company.
2. DEFINITION OF TERMS
(a) ‘Goods’ means subject to this clause. Goods of the
description ordered or contained in the quotation and to be
delivered hereunder. (b) The term ‘Buyer’ shall mean the
Company, firm or person from whom a purchase order is
accepted by Seller of Goods Forest UK Ltd.
3. DESCRIPTION OF GOODS
(a) The Seller reserves the right to supply without notice,
Goods which differ in specification, dimension, design or
otherwise from the Goods ordered by the Buyer, provided
such difference is not a material one. (b) Illustrations,
photographs, descriptions and general literature relating to
the Goods are intended as a general guide only and the
Goods will not necessarily correspond in all respects with
goods shown in the illustrations and photographs or
described in the general literature.
4. DRAWINGS,PRINTS & SPECIFICATIONS
Any technical drawings, prints and specifications supplied
by the Seller under or in connection with a Quotation or the
Contract shall remain the property of the Seller. The Buyer
shall not copy them without prior written consent of the
Seller and shall comply with the Seller’s reasonable
requirements as to their use, return or otherwise.
5. PATENTS
The Seller gives no warranty or indemnity in respect of any
actual or alleged infringement of the patents, registered
design, design copyright, or any other industrial property
right relating to the Goods.
6. PRICE
(a) The price shall be that ruling according to the Seller’s
price list for the Goods, in force at the date of delivery, less
such discount (if any) as agreed by the Seller and the
Buyer in writing. (b) An additional charge will be made for
returnable packaging which is not returned and for special
packaging and for delivery where appropriate. (c ) The
Seller reserves the right to invoice the minimum charge of
£25 in the event of an order being received for less than
this value to cover the cost of administration.Orders placed
for a lesser value will be paid for by cash or cheque.
7. DELIVERY
(a) The price shall be that ruling according to the Sellers
price list for the Goods, in force at the date of delivery, less
such discount (if any) as agreed by the Seller and the
Buyer in writing. (b) The date of delivery is the Seller’s best
estimate based on present information. The Seller shall not
be liable for delay in delivery in any circumstances
whatsoever (even if caused by the negligence of the Seller,
it’s servants or agents) nor for any loss, damage or
expense which the Buyer may suffer by reason of such
delay. (c) Claims for Goods received in a damaged
condition will only be considered if notified in writing to the
Seller within 7 days of picking list/advice note date. (d)
When deliveries are to be made direct to site, the Buyer
warrants to the Seller that the site will be readily accessible
to normal road transport at the date and time of delivery. (e)
The Seller reserves the right to charge for any delays or
extraordinary charges incurred during the course of
delivery to the Buyers site or premises.
8. CANCELLATIONS
Orders/part orders cannot be cancelled without the prior
agreement and written consent of the Seller. Returned
materials must be in a new and unused condition in the
original packing where applicable. Credit for returned
materials will be subject to a minimum charge of 15% at
the discretion of the Seller.
9. PROPERTY
(a) Property in the Goods shall not pass to the Buyer until
the Buyer has paid in cash or cleared funds the whole of
the price of the Goods and all other sums due and payable
to the Buyer to the Seller. (b) The Buyer shall until property
passes, hold the goods as fiduciary agent and bailee of
Seller but the Buyer shall be authorised to resell the goods
provided that he shall hold the proceeds of sale (or
insurance monies, if the Goods are damaged or lost) as
trustee for the Seller in a separate designated bank
account. (c) At anytime after the Purchase Price has
become due and remains unpaid or in the event of
termination under sub-clause 14(a) or 14(b), the Buyer
shall cease to have any interest in or right to possession of
the Goods and the Seller for the purpose of exercising it’s
rights as unpaid Seller and otherwise under this contract
shall be entitled to enter any premises where the Goods
are situated and to remove them at the Buyer’s expense.
Seller’s rights as aforesaid shall apply whether or not
Goods have been mixed. (d) The buyer shall keep the
Goods identified as the Seller’s and separate from those of
the Buyer or third parties until property passes. However, in
the event of the Goods having been mixed, the Seller shall
have right to sell the product in which the Goods have
been mixed to deduct from the proceeds of sale the
purchase price and the cost of sale and any other monies
due hereunder and shall account to the Buyer for
remainder of the proceeds of sale if any.
10. RISK
Risk in the Goods shall pass on delivery or in the case of
Goods to be collected from the Seller’s premises, at the
time when Seller notifies Buyer that the Goods are ready
for collection.
11. JURISDICTION
The Law governing the Contract shall be the law of
England. Any dispute arising out of or in connection with
the Contract shall be submitted to the jurisdiction of the
English Courts, except that the Seller may elect and be
entitled to proceed in Scotland or Northern Ireland or any
foreign jurisdiction whatever proceedings may lawfully be
brought against the Buyer.
12. NOTICES
Any notice may be served by either party on the other by
leaving it at or sending it post, fax, telegram or telex to the
address of that party contained in the order or quotation, or
if none, at the Registered Office of the Seller and
Registered Office or other place of business of Buyer.
Such notice shall be deemed to be served when it would
be received by either party in the normal course of
transmission of post or otherwise.
13. FORCE MAJEURE
(a) The Seller shall not be liable if manufacture or delivery is
prevented, hindered or delayed by reason of strikes, sit-ins,
trade disputes, lock-outs or any actual or threatened
industrial action or by difficulty in obtaining labour, plant,
materials or brought-in components, or by breakdown of
plant or machinery (including transport), or by the
interruption of power supplies, or by fire or by legal action
by a third party (whether or not any of the aforesaid are
caused by the negligence of the Seller its servants or
agents) or by reason of any circumstance outside the
Seller’s control which shall include but not be limited to war,
civil riot, intervention by Government and all other case of
force majeure. (b) If the manufacture or delivery of the full
quantity due hereunder is prevented, hindered or delayed
by reason of any circumstances within sub clause (a) then
without prejudice to the exemption from liability under (a)
the Seller shall be entitled either to apportion goods of the
contract description at its discretion between the Buyer and
the other customers of the Seller and to deliver the quantity
so apportioned to the Buyer (delivery of which quantity
shall constitute delivery in full the price to be adjusted prorata)
or to with hold delivery until such time as the full
quantity can be and is delivered hereunder.
14. TERMINATION OF THE CONTRACT
(a) The Contract shall automatically terminate if the Buyer
(being an individual or, in the case of a firm, any member
thereof) commits any act of bankruptcy or has a receiving
order made against him or has any process of distress or
execution levied upon his goods or makes any
arrangement with his creditors, before the property in the
Goods has passed to the buyer hereunder. (b) If the buyer
(being a Limited Company) has a Receiver or
Administrator or other like Officer appointed of its assets or
goes into liquidation whether compulsory or voluntary or
ceases to carry on business, or if the Seller reasonably
considers that any of the said events is about to occur,
before the property in the Goods has passed to the Buyer,
then the Seller may terminate the contract forthwith by
notice in writing. (c) Termination under this Clause or under
16 hereof shall be without prejudice to the Seller’s right to
recover damages for any breach of contract to the Buyer.
15. VARIATIONS
(a) The Seller agrees to carry out any reasonable variation
to the previously agreed specifications and drawings which
is requested in writing by the Buyer or his agent and
accepted in writing by the Seller. Such variation will be
subject to a separate charge. (b) When specified or agreed
materials are not readily available the Seller in addition to
it’s rights under Clause 3 shall be entitled to substitute other
materials which it deems suitable without prior notice to the
buyer.
16. TRADE NAMES AND TRADE MARKS
(a) The Buyer undertakes not to hold himself out in any
circumstances or in any manner whatsoever as having
authority to sell, service, maintain or deal with the Goods as
Agent or Dealer or other authorised representative of the
Seller. (b) In particular and without prejudice to (a) the
Buyer undertakes not to use or reproduce any trade name
or registered trade mark of the Seller on goods, premises,
vehicles, letter headings and other stationery, sales
literature or in any way whatsoever and not to do or
authorise to be done, any other act to which Section 6 (2)
of the Trade Marks Act 1938 (or any Statutory
Amendment or re- enactment thereof) applies. (c) The
Buyer’s undertakings under this clause are conditions of
this contract so that any breach thereof shall entitle the
Seller to terminate the Contract and recover damages in
respect of all loss, damage and expense occasioned
thereby. The Seller at its option shall be entitled to recover
the profit made by the Buyer during the period of the
breach from sales, servicing, maintenance and other
dealings with Goods manufactured by the Seller. (d)
Notwithstanding Clause 1 (b) of these Conditions no
document purporting to authorise the Buyer to do any act
which would otherwise be a breach of the Buyer’s
undertakings under this Clause or purporting to consent
thereto on behalf of the Seller shall be binding on the Seller
unless it is formal licence agreement bearing the Seller’s
Corporate Seal.
17. PAYMENT
(a) The agreed terms of payment shall be 30 days from
date of invoice unless otherwise agreed in writing between
Buyer and Seller and must be strictly observed. Any query
must be notified to the Seller, in writing within 7 days of the
invoice date. If any sum due thereunder is not paid in full by
the due date or if before such date the Buyer is unable or
unwilling to make such payment in full then the Seller shall
have the right to terminate the Contract forthwith
whereupon Clause 9 (c) shall apply. (b) The Seller
reserves the right to charge interest at 4% above Lloyds
Bank rate or the statutory interest rate on all sums not paid
by the due date.
18. PERSONNEL
(a) The Buyer undertakes that they will not permit any
person to operate or assist in the operation of the Goods
unless such person has been fully trained and is
competent in operating the Goods to a satisfactory
standard. (b) The Seller shall not be under any liability
whether in contract, tort or otherwise in respect of any
damage or loss resulting from the incorrect operation of the
Goods by untrained personnel.
19. WAIVER
No failure by the Buyer or Seller to enforce these Terms
and Conditions shall constitute a waiver of rights
thereunder.
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