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Terms & Conditions of Sale

Terms & Conditions of Sale

1. Interpretation
    
1.In these conditions and in any Contract (unless the context otherwise requires):

“Company”  means Lloyds Caravan Sales Co Limited, trading as Lloyds Caravan & Lodge Sales.

“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Customer and the Company.  Where there is any conflict or dispute over any terms agreed in writing and these Conditions, these Conditions shall prevail;

“Contract” means the contract for the sale and purchase of the Goods and/or
Services incorporating these conditions;

“Customer”  means the person or persons, firm or company placing an order with the Company (including a contractor, sub-contracting to the Company) and, if     the Customer is not the principal customer but is purchasing the Goods on behalf of the principal customer, the Customer shall be deemed to act as agents for the principal customer and to warrant authority so to act in all respects;

“Delivery" means the place for the delivery of the goods as Point agreed in Writing with the Customer.

“Goods” means all plant, machinery, structures, materials and other items supplied by the Company whether of its own manufacture or not and all goods of the Customer incorporated into any contract work;

“Price” means the price of the Goods which is the  price quoted in the company’s written quotation or other document, or where no price has been quoted (or a quoted price is no longer valid), the price listed in the manufacturer’s price list current at the date of the Company’s acceptance of the Customer’s Offer (defined in Condition 3).  Where the Goods are supplied for export from the United Kingdom, the manufacturer’s published export price list current at the date of the Company’s acceptance of the Customer’s offer shall apply unless otherwise agreed;

“Services” means any service the Company may provide from time to time;

“Special Options Goods” means orders where the Goods are built for the particular order or any other order that is expressly stated by the Company to be Special Options Goods.

“Writing” means any communication in Writing between the Company and the Customer including (but not limited to) letter by post, telex, cable, e-mail facsimile transmission and comparable means of communication.

1.2 Any reference in these Conditions to any standard or legislation shall be construed as a reference to that standard or legislation as amended, consolidated, modified, re-enacted, extended or replaced from time to time.

1.3 In these Conditions heading will not affect the construction of these conditions.

2. Application of Terms

2.1 All work is undertaken, Goods supplied, Services rendered and advice given by the Company on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purport to apply under any purchase order, confirmation of order, specification or other document).

2.2  Any variation of these Conditions shall be null, void and of no effect unless expressly agreed to in Writing and signed on behalf of the Company by a board director.  The Contract constitutes the entire agreement between the parties.  Nothing in these Conditions purports to exclude liability for fraudulent misrepresentation.

3. Formation of Contract

3.1   Quotations, tenders and estimates given by the Company shall not constitute an offer. Acceptance by the Customer of any quotation, tender or estimate shall constitute an offer to the Company (“Customer’s Offer”).  No Contract shall exist until the Company has accepted in Writing the Customer’s Offer.

3.2  Subject to acceptance of the Customer’s Offer by the Company in accordance with Condition 3.1 above, the Contract shall commence on the date of acceptance in Writing by the Company of the Customer’s Offer, or from the date that the Company starts work pursuant to the Customer’s Offer.

3.3 The Company reserves the right to withdraw or revise any quotation at any time prior to the Company’s acceptance of the Customer’s Offer.

4. Variations in Contract

4.1 The Company shall only be obliged to undertake the work, supply the Goods or render the services specified in the quotation, tender or estimate.

4.2  The Company will not be bound to accept variations in or extras to the Contract unless ordered in Writing by the Customer and agreed in Writing by the Company

4.3    Any additional work undertaken, Goods supplied or Services rendered as a result of a variation in or extra to the Contract and under Condition 4.2 above shall be subject to the Conditions.

5. Description

5.1  The Company’s employees or agents are not authorised to make any representations concerning the Goods and any representations made about the Goods by any such employee or agent shall have no effect unless expressly confirmed by the Company in Writing and signed by a board director of the Company.  In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

5.2 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.

5.3 All descriptions, illustrations, specifications, prices and other
descriptive material contained in the Company’s catalogues, price lists, brochures and other advertising materials and descriptive material accompanying quotations, tenders and estimates are intended to present a general idea of the goods described in them and shall not form part of the contract.  Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice     or other document or information issued by the Company shall be subject to correction without     liability on the part of the Company and the Customer shall be responsible for ensuring that the terms of its order and any applicable specification are complete and accurate.

5.4 The Company reserves the right to make any changes in the specification of the Goods which are necessary to ensure compliance with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Company specification, which do not materially affect their quality or performance.

6. Delivery

6.1 Delivery of all goods shall take place at the Delivery Point.

6.2 The Company may, at the request, cost and risk of and in the name of the customer, arrange to transport the goods to any place directed by the Customer, although the Company reserves the right to refuse any request from the Customer to do so.

6.3 The Company will endeavour to deliver all Goods in stock within 7 working days subject to payment in full.

6.4 The Company will endeavour to deliver all forward / Special Options Goods within 10 working days from availability, subject to payment in full.

6.5 Whilst delivery dates are estimated in good faith and the Company will use all reasonable endeavours to meet them, delivery dates are approximate only and the Company does not accept any liability if delivery is delayed by causes outside his control.  The Customer acknowledges that any quoted delivery dates shall not form part of the Contract.

7. Price

7.1 The Price of the Goods shall be payable in accordance with Condition 8.

7.2 The Company reserves the right to alter any price on the published list, or re-issue the entire list, without notice.  Any order the Company receives after the list has been re-issued will be invoiced at the revised price.

7.3 The Price is inclusive of any applicable value added tax which the Customer shall be additionally liable to pay the Company.

8. Terms of Payment

8.1  With the exception of credit accounts, all orders must be paid for in full before the Goods will be released for delivery or collection. Terms of payment for export orders will be subject to Condition 10.

8.2 Payment terms for credit accounts will be specific to each order.

8.3 Time for payment shall be of the essence.

8.4 No payment shall be deemed to have been received until the Company has received cleared funds.

8.5 All payments payable to the Company from the Customer shall become due immediately upon termination of the Contract  despite any other provision.

8.6 If the Customer fails to pay the Company any sum due pursuant to the Contract, the Customer will be liable to pay interest to the Company on such sum from the relevant due date for payment at the annual rate of 8% above the base lending rate from time to time of HSBC Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement.

8.7 All deposits placed with the Company with regard to new and used Goods or Services are accepted on the basis that they are non-refundable.

8.7.1 In the event the Manufacturer of the ordered Goods ceases supply, the Company will be at liberty to return the deposit to the Customer and cancel the Contract without further liability.

8.8 All payments should be payable to Lloyds Caravan Sales Co Ltd

8.9 With the exception of Special Options Goods, the Customer may cancel their order in
Writing at any stage before the goods are delivered. However, any deposit received will be forfeited.

8.10 Where the Company agrees to purchase used Goods from the Customer, in part exchange, the used Goods will be accepted by the Company on the following conditions:

8.10.1 The used Goods are received in the same condition as seen at the time of acceptance of the Customer’s offer.

8.10.2 That either a) the used Goods are the absolute property of the Customer and free from any hire purchase agreement or other legal encumbrance whatsoever, or b) the used Goods are the subject of a hire purchase or credit sale agreement capable of assignment by the Customer and of cash settlement by the Company.

8.11 Where Goods are supplied to credit accounts, all Goods must be paid for in full before the Customer takes possession, occupies or uses the Goods.

9 Time for Completion

9.1 If any time is specified to complete performance of the Contract or deliver the Goods the same shall be considered an estimate only and time for completion shall not be of the essence.

10. Export Terms

10.1 Where the Goods are supplied for export from the United Kingdom, the provisions of this Condition 10 shall (subject to any special terms agreed in writing between the Company and the Customer) apply not withstanding any other provision of these conditions.

10.2 The customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties in connection with the importation of the Goods.

10.3 The Customer shall be responsible for arranging, for testing and inspection of the Goods at the Delivery Point before shipment. The Company shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.

10.4 Any payments made under or pursuant to the Contract must be made in GB pounds Sterling only or any other currency as the Company may specify in Writing from time to time.

10.5 Unless otherwise agreed in Writing, the Goods will comply with European Norm 1647 as may be amended from time to time and its related standards to the extent to which its provisions have been adopted into United Kingdom legislation.

10.6 The Customer must provide to the Company English translations of any relevant correspondence, documents, legislation, regulations, terms or other requirements with which the Customer wishes the Company to comply.

10.7 Where, at the Customer’s request, the Company supplies Goods which comply with any standard in addition to or different from those to which the Company is obliged to adhere under Condition 10.6, the Customer will indemnify the Company irrevocable in full and on demand against any liability arising in respect of compliance with such additional or different standard.

10.8 The Customer agrees to be bound by the additional translated export terms that may be printed on the Company’s order, invoice or other documents that relate to title in the Goods.

11. Title and Risk

11.1 Title in the Goods shall remain with the Company until payment in full (in cash or cleared funds) has been made by the Customer of the Customer’s total indebtedness to the Company for the Goods sold pursuant to the Contract and all other sums due and outstanding from the Customer to the Company.

11.2 Until such time as the title in the Goods passes to the Customer, the Customer shall:
11.2.1 Hold the Goods on a fiduciary basis as the Company’s bailee;
11.2.2 Keep the Goods separate from all other goods of the Customer and third parties and free from any lien, charge or encumbrance;
11.2.3 Keep the Goods properly stored and protected and readily identifiable as the Company’s property;
11.2.4 Not destroy, deface or obscure any identifying mark or packaging on relating to the Goods; and
11.3 The Customer shall not be entitled to pledge or use in any way as security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so, all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) immediately become due and payable.

11.4 The Customer may resell the Goods before title has passed to it only on the following conditions:

11.4.1 any sale of the Goods shall be effected in the ordinary course of the Customer’s business at no less than the invoice value; and

11.4.2 any such sale shall be a sale of the Company’s property on the Customer’s own behalf
and the Customer shall deal as principal when making such a sale.

11.5 The Customer’s right to possession of the Goods shall terminate immediately if:

11.5.1 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction of amalgamation, or has a receiver and/or manager, administrator or administration receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating insolvency or possible insolvency of the Customer; or

11.5.2 the Customer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it or fails to observe or perform any of its obligations under the Contract or any other contact between the Company and the Customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

11.5.3 the Customer encumbers or in any way changes any of the Goods.

11.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of  any of the Goods has not passed from the Company.

11.7 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where     the Customer’s right to possession has terminated, to recover them.  If the Goods are affixed to land not owned or in the possession of the Customer, the Customer will obtain consent for the Company to enter on to such land from the owner or person in possession or occupation of such land to enable to Company to remove the Goods and to enter into such land to do so.

11.8 Not withstanding the Customer’s rights as fiduciary owner, Goods
are at the Customer’s risk from the date of delivery and the Customer should forthwith insure the same against loss or damage.

12. Sub-Contracting

12.1 The Company shall be entitled to sub-contract the whole or part of any of its obligations
under the Contract.

12.2 When the Company acts as a sub-contractor the Company shall be under no greater liability than is provided for in these Conditions and the main contractor shall indemnify the Company irrevocably in full and on demand from and against all liability in excess of the liability provided for in these conditions.

13. Force Majeure

13.1 The Company reserves the right to increase prices, defer the date of delivery, to cancel the Contract or reduce the volume of the Goods ordered by the Customer (without liability to the Customer) if the Company is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), increase in price, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that if the event in question continues for a continuous period in excess of 6 months the Customer shall be entitled to give notice in writing to the Company to terminate the Contract in which event the Customer shall pay to the Company a sum equivalent to the cost of the work done by the Company in or towards the performance of the Contract up to the date of such cancellation, or pay the additional difference in increased price of the product.

14. Warranties and Liability

14.1 The Customer acknowledges that Goods supplied by the Company are not intended for permanent residence and the Company will not have any liability for any fault of defect in the Goods caused by the Goods being used as a permanent residence.

14.2 The Company, at its sole discretion, may rectify at its own cost any Goods found to be defective by reason of any act, default or omission of the Company provided that the Company is notified in writing of any alleged fault or defect within 12 months of delivery of the Goods or completion of the work. 

14.3 Used Goods purchased from the Company are supplied with a three month guarantee against  faulty materials and workmanship, from the date of delivery. 

14.4 New Goods purchased from the Company are supplied with a manufacturers twelve month warranty from the day the Customer takes possession.

14.5 The Company agrees to give the Customer the benefit of any manufacturer’s warranty or guarantee as far as it can.  The Company will progress claims on behalf of the Customer, but in the event of claims being rejected in whole or part, the Company cannot be held liable.

14.6 Any warranty or guarantee on plumbing within caravan holiday homes ceases after the caravan holiday home has been used and stood over a winter / period of closure.
    
14.7 The Company will be under no liability in respect of any defect arising from fair wear or tear, wilful damage, negligence, misuse, failure to follow the manufacturer’s or the Company’s instructions or alteration or repair of the Goods without the Company’s approval.

14.8 The Company will be under no liability under the above warranties or guarantees if the total price for the Goods and the Services has not been paid by the due date for payment.

14.9 The Company, at its’ sole discretion may employ qualified sub-contractors to undertake repairs, replacements or any other services.

14.10 The Company will endeavour to meet reasonable requirements concerning the date and time for completion of repairs, replacements or other services.

14.11 The Company will not be responsible for loss or damage to the Customer’s property unless it is proved that such loss or damage resulted from negligence of the Company or our subcontractors.

14.12 Customers must allow the Company or our subcontractors’
reasonable access to their caravan property in order for the Company to remedy defects or replace parts.

14.13 The Customer must submit any claims for external damages or shortages at the Delivery Point on a signed company delivery not, which will be provided to the customer at the Delivery Point:

14.13.1 Should the Customer be unavailable at the Delivery Point, a claim for external damages
or shortages to the Goods must be made verbally within 24 hours of delivery.

14.14 The Customer must submit any claims for internal shortages or damages within 48 hours of the delivery.

14.15 The Services that the Company provides are the supply and, in most circumstances, the delivery of the Goods purchased by the Customer. Unless specifically ordered and paid for separately, the Company does not provide any further services, in particular the siting, connection and commissioning of the Goods, once delivery has taken place. It is the responsibility of the Customer to ensurehat the siting and all tasks related to the siting
and setting up of the Goods for use are carried out to reasonable standards and conform to the appropriate legislation/guidelines. The Company will not be held liable for any damage or issues that occur as a  esult of work carried out by any other parties in siting, connecting and commissioning the Goods.

14.16 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (under the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

14.17 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

14.18 Subject to Condition 14.2 the Company shall not be under any liability to the Customer in contract, tort or otherwise.  Any liability of the Company not excluded shall be subject to the following:

14.18.1 The total liability of the Company to the Customer (over and above the liability to rectify under  Condition 14.2 above) or of any sub-contractor shall be limited in respect of any defect or event (or series of incidents arising out of the same defect or event) to 50% of the invoice value;

14.18.2 In no circumstances whatsoever shall the liability of the Company or any sub-contractor include any sum in respect of loss of profit both direct and indirect, loss of use or any consequential loss on such loss of use.

14.19 Nothing in these Conditions excludes or limits the liability of the Company for death or
personal injury caused by the Company’s negligence or fraudulent misrepresentation.

15. Health & Safety

15.1 Where the Company is supplying Goods and/or Services to the Customer on a caravan park or any other private land (‘the site’), it shall be the duty of the Customer to provide an appropriate safety policy and risk management assessment so as to ensure, so far as possible, the safety of the agents, servants, employees and sub-contractors of the Company in the course of supplying the Goods and Services on the site.

15.2 The Customer will ensure that the owners and occupiers of the site
referred to in 15.1 above will (so far as it is not within the responsibility of the Customer so to do) provide an appropriate safety policy and risk management assessment so as to ensure so far as the safety of the agents, servants, employees and sub-contractors of the Company in the course of supplying the Goods and Services on the site.

15.3 The Customer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with any claim made against the Company wholly or partly as a result of breach by the Customer of its obligations under sub-clause 15.1 and/or 15.2 above.

15.4 The Company cannot be held liable for any services carried out by
a third party relative to the Goods supplied.

16. Termination

This condition applies if:

16.1.1 the Customer fails to observe or perform any of its obligations under the Contract and fails to remedy such breach (if remediable) within 10 working days of the Company serving notice in writing to do so;

16.1.2 any encumbrance takes possession of or a trustee or administrator or other receiver or similar officer is appointed in respect of all or any material part of the business or assets of the Customer or distress or any form of execution is levied or enforced upon or sued out against any such assets and is not discharged within 7 days of being levied, enforced or sued out;

16.1.3 The Customer is deemed unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or suspends or threatens to suspend making payments (whether of principal or interest) with respect to all or any class of its debts;

16.1.4 the Customer convenes a meeting of its creditors or prepares or makes any arrangement or composition with, or any assignment for the benefit of, its creditors or a petition is presented or other steps are taken for making an administration order against or for winding up of the Customer other than for the purposes of and followed by a reconstruction previously approved in writing by the Company, unless during or following such reconstruction the Customer becomes or is declared to be insolvent;

16.1.5 The Customer ceases, or threatens to cease, to carry on business; or

16.1.6 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

16.2 On the happening of any of the events in Condition 16.1, without prejudice to any other right or remedy available to the Company and in particular the Company’s rights of entry and repossession in respect of Goods in which title has not passed to the Customer, the Company shall be entitled to terminate the Contract or suspend any further deliveries under the Contract without any liability to the Customer.

16.3 In the event of termination under Condition 16.2, all sums outstanding and payable under any Contract shall immediately become due and payable.

16.4 The Customer shall notify the Company in Writing immediately upon the happening of any of the events referred to in Conditions 16.1.1 to 16.1.6.

17. General

17.1 Any notice served under or pursuant to the Contract must be made in the English language.

17.2 Each right or remedy of the Company under the Contract is without prejudice to any other rights or remedies of the Company whether under the Contract or not.

17.3 If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force & effect.

17.4 Failure or delay by the Company in enforcing or partially enforcing any provisions of the Contract will not be construed as a waiver of any of its rights under the Contract.

17.5 Any waiver by the Company in enforcing or partially enforcing any provisions of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

17.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by     virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

17.7 Where the Company provides to the Customer a version of these Conditions translated into another language, such version shall be for assistance only and its accuracy is not guaranteed.  In     the event of any inconsistency between any such translated version and the English version, the English version shall prevail.

17.8 The information, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.

Lloyds Caravan Sales Co Ltd
Company Registration No: 865571
Lloyds Caravan & Lodge Sales
Towyn Rd
Towyn
Conwy LL22 9NW

 

 

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