Terms of Service

Terms & Conditions of Sale

1. About Us

These Terms & Conditions apply to the use of this website and to goods purchased from Yellowstone Machinery Ltd.

Yellowstone Machinery Ltd
Company Number 17385792
Registered in England and Wales
Registered Office: 124–128 City Road, London, England, EC1V 2NX

Email: contact@yellowstonemachinerysupply.com

The registered office is a correspondence address and must not be used for returning machinery or other goods unless Yellowstone Machinery has expressly instructed you to do so.

2. Application of These Terms

These Terms apply to all purchases made from Yellowstone Machinery Ltd.

Customers are classified as either:

Private Consumers – individuals purchasing wholly or mainly outside their trade, business or profession; or
Business Customers – individuals or organisations purchasing wholly or mainly for trade, business or professional purposes.

Different rights and conditions may apply depending on the customer classification.

Nothing in these Terms affects the statutory rights of Private Consumers.

3. Orders and Contract Formation

All orders are subject to acceptance, availability and payment.

After placing an order, you will normally receive an order confirmation by email.

We reserve the right to refuse or cancel an order before dispatch where reasonably necessary, including where:

Goods are unavailable
There has been an obvious pricing or product information error
Payment has not been successfully received or authorised
We reasonably suspect fraud or unauthorised activity
We are unable to fulfil the order

If we cancel an order after payment has been received, any amount due back to you will be refunded.

4. Pricing and Payment

All prices are displayed in GBP.

Any applicable VAT will be shown as part of the checkout process.

Payment must be received in full before goods are dispatched unless Yellowstone Machinery has expressly agreed alternative payment terms in writing.

We may change our prices at any time, but price changes will not affect orders already accepted by us.

5. Product Information

We take reasonable care to ensure that product descriptions, specifications, photographs and other information displayed on our website are accurate.

Minor differences may occur between website images and the machine supplied, including differences in colour, finish, labelling or other non-material details.

Product specifications may also be updated or improved by the manufacturer from time to time.

Any substitution or specification change that materially affects the product ordered will not be made without informing the customer where required.

Business Customers are responsible for ensuring that machinery is suitable for their particular commercial application and operating environment.

Nothing in this section limits Yellowstone Machinery's obligations to Private Consumers to supply goods that conform to the contract.

6. Delivery

We aim to deliver machines within the timeframe stated in our Delivery Policy.

Delivery times are estimates unless Yellowstone Machinery has expressly confirmed a specific delivery date in writing.

Customers must provide accurate delivery information and ensure that the delivery location is reasonably accessible to a suitable delivery vehicle.

Any access restrictions or circumstances which may affect delivery should be disclosed before delivery is arranged.

Someone must be available at the delivery address during the agreed delivery period to receive the goods.

If delivery cannot be completed because nobody is available, the address is inaccessible, or information supplied by the customer is incorrect or incomplete, an additional delivery or re-delivery charge may apply.

Further information is contained in our Delivery Policy.

7. Risk and Ownership

For Private Consumers, risk in the goods passes in accordance with applicable consumer law.

For Business Customers, risk in the goods passes upon delivery to the agreed delivery location or upon collection by the customer or their appointed carrier, as applicable.

Ownership of goods does not pass to the customer until Yellowstone Machinery has received payment in full for those goods.

8. Inspection on Delivery

Customers should inspect goods as soon as reasonably possible following delivery or collection.

Visible transport damage, shortages or incorrect goods should be reported promptly.

Business Customers should report visible damage, shortages or obvious defects within 48 hours of delivery or collection, wherever reasonably possible.

Latent defects which could not reasonably have been identified during initial inspection should be reported promptly after discovery.

Nothing in this section removes or restricts the statutory rights of Private Consumers.

9. Consumer Cancellation Rights

Private Consumers purchasing online may have the right to cancel their order within 14 days of receiving the goods under the Consumer Contracts Regulations 2013. Legislation.gov.uk

Where this right applies, the customer must notify Yellowstone Machinery of their decision to cancel within the cancellation period.

The customer then has a further 14 days to return the goods, unless Yellowstone Machinery has agreed to collect them. Legislation.gov.uk

Customers may be responsible for the direct cost of returning unwanted goods where permitted by law and where they were informed of this before purchase.

Further details are contained in our Returns & Refund Policy.

Nothing in these Terms affects a Private Consumer's statutory rights in relation to faulty, misdescribed or non-conforming goods.

10. Business Customer Returns

Business Customers do not benefit from consumer cooling-off rights.

Change-of-mind returns by Business Customers are accepted solely at the discretion of Yellowstone Machinery and require prior written approval.

Where a discretionary Business Customer return is accepted, restocking or handling charges may apply in accordance with our Returns & Refund Policy.

Used, operated, fitted, altered or modified goods will normally not be accepted for a Business Customer change-of-mind return.

11. Warranty

New machinery is supplied with Yellowstone Machinery's applicable limited warranty.

For Private Consumers, the commercial warranty applies for 12 months from delivery or collection.

For Business Customers, the warranty expires on the earlier of:

12 months from delivery or collection; or
500 operating hours.

The warranty is primarily a parts-only warranty and is subject to exclusions relating to wear, maintenance, misuse, accidental damage and other matters set out in our Warranty Policy.

Nothing in the commercial warranty affects the statutory rights of Private Consumers.

12. Operation and Maintenance

Machinery must be operated, inspected and maintained in accordance with the operator's manual and any instructions supplied with it.

Customers are responsible for appropriate routine maintenance, including where applicable:

Greasing and lubrication
Engine oil
Hydraulic fluid
Filters
Track tension
Fuel quality
Routine inspections

Machinery must not be operated where a known fault or condition could make continued operation unsafe or cause further damage.

Damage caused by misuse, neglect, inadequate maintenance, incorrect operation, unsuitable attachments or unauthorised modification may not be covered by the commercial warranty.

13. Product Safety and Intended Use

Our machinery is designed for practical outdoor and groundwork use and requires appropriate operation, routine inspection and ongoing maintenance.

Before operating a machine, the user must familiarise themselves with:

The machine and its controls
The operator's manual
Relevant safety information
Routine inspection requirements
Maintenance requirements

The operator is responsible for using the machine safely and appropriately.

Machinery must not be operated by anyone who is not competent to use it safely.

Customers must ensure that machinery is used appropriately for the work being undertaken and in accordance with applicable instructions and safety requirements.

14. Attachments and Modifications

Only attachments that are appropriate for the machine and intended application should be used.

Yellowstone Machinery is not responsible for damage caused by:

Unsuitable or incompatible attachments
Incorrect attachment installation
Unauthorised modifications
Unauthorised alterations to hydraulic, electrical or structural systems
Operation outside the machine's intended limits

Customers should contact Yellowstone Machinery if they are unsure whether an attachment is suitable for a particular machine.

15. Business Customer Liability

This section applies to Business Customers only.

To the fullest extent permitted by law, Yellowstone Machinery will not be liable for:

Loss of profit
Loss of revenue
Loss of business
Loss of contracts
Business interruption
Downtime
Loss of use
Replacement-machine hire
Indirect or consequential loss

Subject to any liability which cannot lawfully be limited, Yellowstone Machinery's total aggregate liability to a Business Customer arising from a particular order shall not exceed the total amount paid by the Business Customer to Yellowstone Machinery for the goods giving rise to the claim.

Nothing in these Terms excludes or limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any other liability which cannot lawfully be excluded or limited

Any limitation or exclusion of liability applies only to the extent permitted by law.

16. Private Consumer Liability

Nothing in these Terms excludes or restricts any liability or remedy where doing so would be unlawful.

In particular, nothing in these Terms affects a Private Consumer's statutory rights in relation to goods which are faulty, not as described, not fit for purpose or otherwise fail to conform to the contract.

17. Events Outside Our Reasonable Control

Yellowstone Machinery will not be responsible for delay or failure to perform contractual obligations caused by circumstances outside our reasonable control.

These may include severe weather, transport disruption, road closures, industrial disputes, acts or omissions of carriers, government restrictions, import or customs disruption, natural disasters or other events outside our reasonable control.

Where such an event affects an order, we will take reasonable steps to minimise disruption and provide updated information where appropriate.

Nothing in this section affects any rights which cannot lawfully be excluded.

18. Returns and Refunds

Returns, cancellations and refunds are governed by our Returns & Refund Policy.

Customers must contact Yellowstone Machinery before returning machinery, attachments, parts or accessories.

Goods must not be returned to our registered office unless Yellowstone Machinery has expressly instructed the customer to do so.

19. Intellectual Property

The content of this website, including Yellowstone Machinery branding, text, graphics, photographs, website design and other original material, is owned by or licensed to Yellowstone Machinery unless otherwise stated.

Manufacturer names, trademarks and product branding remain the property of their respective owners.

Website content must not be reproduced, distributed or used commercially without appropriate permission.

20. Third-Party Websites

Our website may contain links to websites operated by third parties.

Yellowstone Machinery does not control those websites and is not responsible for their content, availability or privacy practices.

21. Website Availability

We aim to keep our website accurate, secure and available but cannot guarantee uninterrupted or error-free access.

We may update, modify, suspend or withdraw parts of the website where reasonably necessary.

22. Changes to These Terms

Yellowstone Machinery may update these Terms from time to time.

Changes will apply to orders placed after the updated Terms take effect and will not retrospectively reduce contractual or statutory rights relating to orders already placed.

23. Relationship With Other Policies

These Terms should be read alongside our:

Delivery Policy
Returns & Refund Policy
Warranty Policy
Privacy Policy

Where specific provisions of those policies form part of the terms applicable to an order, they should be read together with these Terms.

24. Governing Law

These Terms and any contract between Yellowstone Machinery and the customer are governed by the laws of England and Wales.

For Business Customers, the courts of England and Wales shall have exclusive jurisdiction.

Private Consumers retain any mandatory rights they have regarding applicable law and jurisdiction.

25. Contact Details

For questions regarding an order, return, warranty claim or these Terms, contact: