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Terms & Conditions

These Terms and Conditions (“the Terms”) govern your relationship with Leisure Vehicle Services Ltd (LVS, we or us). All Orders for Goods accepted by us will be subject to the following Terms, which will form part of and will govern the Contract of sale. No variation of the Terms will be accepted unless agreed in writing by an authorised person of LVS. We will not accept the inclusion of any alternative terms by you which conflict with, alter or add to these Terms.

1 Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these Terms.

Buyer: the person, firm or company who purchases the Goods from the Company.

Company: Leisure Vehicle Services Ltd whose registered address is situated at Unit 11 Rumer Hill Business Estate, Cannock, Staffordshire, WS11 0ET.

Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods shall incorporate these Terms.

Delivery: means delivery of the Goods in accordance to the provision of condition 4.

Delivery Point: the place where delivery of the Goods is to take place under condition 4.

Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

Normal Working hours: means 9am to 5pm on a Working Day.

Orders: means the Order for the Goods or Services completed by the Buyer in accordance with the Terms.

Working Day: means Monday to Friday, excluding Bank or other Public Holidays.

2 Application of terms

2.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any Purchase Order, confirmation of order, delivery note or other document).

2.2 Each Order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these Terms.

2.3 No Order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledg-ment of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

2.4 The written acknowledgment of order will be binding on you unless there is an unacceptable discrepancy between the Goods that you ordered and those detailed in the written acknowledgment of order. You should notify us as soon as you become aware of such discrep-ancy and in any case prior to the dispatch of the Goods.

2.5 The Buyer shall ensure that the terms of its Order and any applicable specification are complete and accurate. 2.6 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgment of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.7 CANCELLATION OF ORDERS: Other than in accord-ance with clause 2.6, we do not accept cancellation of Orders once an acknowledgment of order has been sent or the Goods have been dispatched.

3 Description

3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgment of order.

3.2 All samples, drawings, descriptive matter, specifica-tions and advertising issued by the Company and any descriptions or illustrations contained in the Company’s brochure or website are for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. We reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Any such minor variation will not give you the right to cancel.

3.3 The Goods ordered are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing by us.

4 Delivery

4.1 Delivery is deemed to take place at the Company’s place of business upon giving notice to the Buyer that the Goods are ready for collection or when the courier has collected the Goods from the Company’s place of business, whereupon all risks of loss, breakage and all damage and all other risks shall pass to the Buyer.

4.2 Any dates specified by the Company for Delivery of the Goods are intended to be an estimate and time for Delivery shall not be made of the essence. If no dates are so specified, Delivery shall be within a reasonable time.

4.3 If we are unable to deliver the Goods within 30days of the estimated time for Delivery, you will, as your sole remedy, be entitled to cancel the Order and require any monies paid to us in respect of that Order to be refund-ed. In order to cancel, you must send written notice of cancellation to us after the 30 days has expired and before notification from us that the Goods are ready to be delivered.

4.4 If for any reason the Buyer fails to accept Delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

4.4.1 risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);

4.4.2 the Goods shall be deemed to have been delivered; and

4.4.3 the Company may store the Goods until Delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

4.6 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

4.7 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

4.8 We may decline to deliver if our agents believe that it would be unsafe, unlawful or unreasonably difficult to do so or the premises (or the access to them) are unsuitable for our vehicle.

4.9 The Buyer should notify the Company immediately and in any event no longer than 48 hours after Delivery in the event the Goods are found to be damaged on Delivery, items are missing or the Goods are not as specified in the acknowledgment of order.

5 Non-delivery

5.1 The quantity of any consignment of Goods as recorded by the Company on despatch from the Compa-ny’s place of business shall be conclusive evidence of the quantity received by the Buyer on Delivery.

5.2 The Company shall not be liable for any Non delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

6 Risk/title

6.1 The Goods are at the risk of the Buyer from the time of Delivery.

6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:

6.2.1 the Goods; and

6.2.2 all other sums which are or which become due to the Company from the Buyer on any account.

6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:

6.3.1 hold the Goods on a fiduciary basis as the Company’s bailee;

6.3.2 store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;

6.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

6.3.4 maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.

6.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

6.4.1 any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

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

6.5 The Buyer’s right to possession of the Goods shall terminate immediately if they have a bankruptcy order made against them or if they make or know of any arrangements in respect of their actual or possible insolvency, liquidation, winding up or other arrange-ments with their creditors.

6.6 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.

6.7 The Buyer hereby 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 Buyer has not made full payment for the Goods by the due date, to recover them. The Company reserves the right to remove the Goods from any object that they have been attached to and will not be liable for any damage caused by the removal of such items.

6.8 Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

6.9 On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.

7 Price

7.1 The price for Goods shall be either the Company’s price prevailing at the time of Delivery of the Goods or that price (if any) specified in the acknowledgment of order. The price unless otherwise stated for Business Customers will exclude VAT.

7.2 The Company reserves the right to vary its prices from time to time.

7.3 The price for the Goods shall be exclusive of delivery charges and the Company will notify the Buyer of this charge and any additional charges such as handling costs or insurance when placing an Order.

8 Payment

8.1 The payment is due prior to shipment unless you have been approved for credit. The Company’s standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed by the Company in writing.

8.2 Time for payment shall be of the essence.

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

8.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

8.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

8.6 If the Buyer fails to make any payment due to the Company by the due date for payment, then the Company may charge the Buyer interest on the overdue amount at the rate of 4% above the base rate of Bank Of Scotland PLC from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue payment. The Company also reserves the right to suspend or cancel future deliveries or amend/remove any credit arrangement or negotiated supply terms with the Buyer.

9 Quality and Returns

9.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company. The Company shall only assign the benefit of such warranty or guarantee upon receipt of full payment for the Goods in accordance with condition 8.

9.2 The Company warrants to the Buyer that (subject to the other provisions of these conditions) on Delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

9.3 The Company shall not be liable for a breach of any of the warranties in condition 9.2 unless:

9.3.1 the Buyer gives written notice of the defect to the Company within 14 days of Delivery, or if the defect is as a result of damage in transit, within 48 hours of the time when the Buyer discovers or ought to have discovered the defect; and

9.3.2 the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Company’s cost for the examination to take place there. If on examination of the Goods they are found to be in good working order the Company will return the Goods to the Buyer at the expense of the Buyer.

9.4 The Company shall not be liable for a breach of any of the warranties in condition 9.2 if:

9.4.1 the Buyer makes any further use of such Goods after giving such notice; or

9.4.2 the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

9.4.3 the Buyer alters or repairs such Goods without the written consent of the Company.

9.5 Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.

9.6 If the Buyer arranges with the Company that Goods can be returned within a 14 days after purchase, the Goods will need to be fit for resale and the Buyer will incur the handling costs for the Goods to be returned. All Goods returned in these circumstances will be subject to a re-stocking fee of 20% of the Goods invoice value to cover administrative charges.

9.7 If the Company complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Goods.

9.8 If you need to return Goods to us please send such items to: Leisure Vehicle Services Ltd, Unit 11 Rumer Hill Business Estate, Cannock, Staffordshire, WS11 0ET

10 Limitation of liability

10.1 Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in Goods; and

10.1.3 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3 Nothing in these Terms excludes or limits the liability of the Company:

10.3.1 for death or personal injury caused by the Company’s negligence; or

10.3.2 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

10.3.3 for fraud or fraudulent misrepresentation.

10.4 Subject to condition 10.2 and condition 10.3:

10.4.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepre-sentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and 10.4.2 the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

11 Errors and omissions

11.1 The Company makes every effort to ensure that all prices quoted in our catalogue or on our website are correct and accurate. In the case of a manifest error or omission, the Company will be entitled to rescind the Contract, notwithstanding that we may already have accepted the Buyers Order and/or received payment from them. Our liability in that event will be limited to the return of any money that the Buyer has paid in respect of the Order.

12 Assignment

12.1 The Company may assign the Contract or any part of it to any person, firm or company.

12.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

13 Force majeure

13.1 The Company reserves the right to defer the date of Delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevent-ed 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 actions, 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), or 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 60 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

14 General

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

14.2 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, void ness, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

14.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

14.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

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

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

15 Communications

15.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:

15.1.1 (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or

15.1.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

15.2 Communications shall be deemed to have been received:

15.2.1 if sent by pre-paid second class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

15.2.2 if delivered by hand, on the day of Delivery; or

15.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

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