Terms & Conditions:
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions. Customer: the person, firm or company who purchases Units and (if applicable) the Services from Harbur Park & Leisure Homes Ltd as specified in the Order Form;
Customer’s Premises: the address to which the Units are to be delivered by Harbur Park & Leisure Homes Ltd, if delivery is not to take place at Harbur Park & Leisure Homes Ltd’s place of business, as specified as “Park Details” in the Order Form;
Cancellation Charge: the charge which Harbur Park & Leisure Homes Ltd may require the Customer to pay if the Customer cancels an Order for a Unit such charge to be calculated in accordance with clause 9;
Contract: any contract between Harbur Park & Leisure Homes Ltd and the Customer for the sale and purchase of Units and, if applicable, the Services incorporating these terms and conditions, the Specification;
Delivery Point: the place where delivery of the Units is to take place under clause 4;
Deposit: the deposit on the Purchase Price if required by Harbur Park & Leisure Homes Ltd as specified in the Order Form;
Harbur Park & Leisure Homes Ltd: Harbur Park & Leisure Homes Ltd, a company registered in England and Wales with company no. whose registered office is at 13 High Street, Finedon, NN9 5JN;
Order: an order placed by the Customer with Harbur Park & Leisure Homes Ltd for the purchase of Units and (if applicable) the Services;
Order Acknowledgement: the document sent by Harbur Park & Leisure Homes Ltd to the Customer confirming the Order and specifying the Units and/or Services to be supplied (including any amendments thereto);
Order Form: Harbur Park & Leisure Homes Ltd's standard Sales contract form to which these terms and conditions of sale are attached;
Purchase Price: the total price payable by the Customer to Harbur Park & Leisure Homes Ltd for the Units including the cost of the Services (if applicable) as specified in the Order Form (subject to variation in accordance with clause 7);
Services: the services to be provided by Harbur Park & Leisure Homes Ltd to the Customer including delivery and Siting if specified in the Order Form;
Siting: the siting of a Unit at the Customer’s Premises by Harbur Park & Leisure Homes Ltd;
Specification: the specification and drawing for the Unit as attached to the Order Form;
Units: any leisure lodge or residential park home or prefabricated building agreed in the Contract to be supplied to the Customer by Harbur Park & Leisure Homes Ltd (including any part or parts of them);
Working Days: means any day on which the UK clearing banks in London are open for business.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Clause headings do not affect the interpretation of these terms and conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under clause 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of Order, Specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Customer's purchase order, confirmation of Order, Specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These terms and conditions apply to all Harbur Park & Leisure Homes Ltd 's sales and any variation to these terms and conditions and any representations about the Units shall have no effect unless expressly agreed in writing and signed by a director of Harbur Park & Leisure Homes Ltd. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Harbur Park & Leisure Homes Ltd which is not set out in the Contract. Nothing in this condition shall exclude or limit Harbur Park & Leisure Homes Ltd 's liability for fraudulent misrepresentation.
2.4 Each Order or acceptance of a quotation for Units by the Customer from Harbur Park & Leisure Homes Ltd shall be deemed to be an offer by the Customer to buy Units subject to these terms and conditions.
2.5 No Order placed by the Customer shall be deemed to be accepted by Harbur Park & Leisure Homes Ltd until an Order Acknowledgement is issued by Harbur Park & Leisure Homes Ltd and, if required by Harbur Park & Leisure Homes Ltd, the Deposit is paid, or (if earlier) Harbur Park & Leisure Homes Ltd delivers the Units to the Customer.
2.6 The Customer shall ensure that the terms of its Order and the Specification are complete and accurate.
2.7 Any quotation is given on the basis that no Contract shall come into existence until Harbur Park & Leisure Homes Ltd despatches an Order Acknowledgement to the Customer. Any quotation is valid for a period of 30 days only from its date, provided that Harbur Park & Leisure Homes Ltd has not previously withdrawn it.
2.8 Harbur Park & Leisure Homes Ltd reserves the right to refuse any Order placed by the Customer if Harbur Park & Leisure Homes Ltd, in its absolute discretion, is not satisfied with the creditworthiness of the Customer.
3. DESCRIPTION
3.1 The quantity and description of the Units shall be as set out in the Harbur Park & Leisure Homes Ltd's quotation or Order Acknowledgement.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by Harbur Park & Leisure Homes Ltd and any descriptions or illustrations contained in Harbur Park & Leisure Homes Ltd's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Units described in them. They shall not form part of the Contract.
3.3 Not all items shown in photographs or illustrations of the Units, for example, photographic props, plants, ornaments etc. are included in the sale of the Unit. On written request from the Customer, Harbur Park & Leisure Homes Ltd will confirm the items included in the sale of the Unit.
3.4 Notwithstanding that:
a) a sample of the Units may have been exhibited to and inspected by the Customer; or
b) results of standard tests upon a sample of the Units given to the Customer, Harbur Park & Leisure Homes Ltd hereby excludes any representation or warranty (whether express or implied by statute, common law or arising from conduct or a previous course of dealing, trade custom or usage) that the Units shall correspond with such sample or will produce equivalent results to such standard tests. The Customer acknowledges that the exhibition and/or inspection of a sample of the Units or the giving of such results shall not constitute a sale by sample.
3.5 Harbur Park & Leisure Homes Ltd may make minor alterations to the design of a Unit or substitute materials used in the construction of the Unit at any time without reference to the Customer unless such alterations or substitutions require amendment of the Specification in which case clause 3.6 shall apply.
3.6 Where Harbur Park & Leisure Homes Ltd wishes to make alterations to the design of Units or substitute materials used in the construction of the Units and such alterations or substitutions requires amendment of the Specification, Harbur Park & Leisure Homes Ltd shall give written notice to the Customer of the changes to the Specification and the Specification as amended shall be substituted for the Specification referred to in the Order Form.
3.7 In the event Harbur Park & Leisure Homes Ltd ceases production of the design of Units and gives the Customer notice that it intends to substitute another design of Units for that in the Specification the Customer shall within 5 days of such notice:
a) approve the changes to the design of Units; or
b) terminate the Contract by giving written notice to Harbur Park & Leisure Homes Ltd If the Customer does not notify Harbur Park & Leisure Homes Ltd of its approval of the changes to the design of the subsitute Unit within 5 days then the change shall be deemed to be approved. Upon termination of the Contract in accordance with this clause 3.7 (b) the Deposit, if any, or any other prepayments paid to Harbur Park & Leisure Homes Ltd shall be returned to the Customer. Harbur Park & Leisure Homes Ltd shall have no other liability whatsoever for any loss, damage, cost, expense, action and/or claim which may be suffered or incurred by the Customer, as a result of such cancellation.
4. Delivery
4.1 Collection of Units shall take place at Harbur Park & Leisure Homes Ltd. Premises.
4.2 The Customer shall take delivery of the units within 7 days of Harbur Park & Leisure Homes ltd. Giving notice that the units are ready.
4.3 Any dates specified by Harbur Park & Leisure Homes Ltd for delivery of the Units are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.4 Subject to the other provisions of the Contract Harbur Park & Leisure Homes Ltd shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Units (even if caused by Harbur Park & Leisure Homes Ltd's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 90 days.
4.5 If for any reason the Customer fails to accept delivery of any of the Units when they are ready for delivery, or Harbur Park & Leisure Homes Ltd is unable to deliver the Units on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
a) risk in the Units shall pass to the Customer (including for loss or damage caused by Harbur Park & Leisure Homes Ltd's negligence);
b) the Units shall be deemed to have been delivered;
c) Harbur Park & Leisure Homes Ltd shall invoice the Customer for the Unit in accordance with clause 8; and
d) Harbur Park & Leisure Homes Ltd may store the Units until delivery to the Customer takes place, and the Customer shall be liable for all related costs and expenses (including, without limitation, storage, transport and insurance) incurred by Harbur Park & Leisure Homes Ltd.
4.6 Harbur Park & Leisure Homes Ltd may deliver the Units 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 Customer to repudiate or cancel any other Contract or instalment.
4.8 For the avoidance of doubt the Delivery Point shall be at Harbur Park & Leisure Homes Ltd's place of business.
4.9 The Customer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Units. It is the Customer’s obligation to insure the Units from the time of collection at the Delivery Point.
5. SITING - WHERE Harbur PARK & LEISURE HOMES LTD ARE CARRYING OUT SITING THE FOLLOWING SHALL APPLY:
5.1 Harbur Park & Leisure Homes Ltd will advise the Customer in advance of delivery of the Unit as to the standard to which the base for the Unit must be prepared. The Customer shall follow all instructions issued by Harbur Park & Leisure Homes Ltd as regards Siting, preparation of the base and installation of the Units.
5.2 The Customer shall at its own expense provide layout and other drawings of the Customer’s Premises and such other information as Harbur Park & Leisure Homes Ltd may reasonably require and such power, compressed air, water, welfare and other facilities as Harbur Park & Leisure Homes Ltd may require for the purposes of Siting. All charges incurred in connection with providing such drawings, information and facilities shall be borne by the Customer.
5.3 The Customer shall be responsible for compliance with all statutory requirements and third party rights in connection with the Siting. The Customer shall indemnify Harbur Park & Leisure Homes Ltd for any costs, claims or liabilities incurred by Harbur Park & Leisure Homes Ltd as a result of the Customer’s failure to comply with all such statutory requirements or third party rights.
5.4 The prices quoted by Harbur Park & Leisure Homes Ltd for Siting are based on the Customer providing free and continuous access to the Customer’s Premises with hard standing craneage and transport adjacent to the position for Siting.
5.5 In the event that delays occur in the Siting due to the Customer’s failure to provide a prepared base or access to the Customer’s Premises then Harbur Park & Leisure Homes Ltd reserves the right to invoice the Customer for any extra costs and expenses incurred by Harbur Park & Leisure Homes Ltd as a result of such delays.
5.6 Due to the nature of the Units it is possible that in the course of the Siting damage may be caused at or around the pre-prepared base for such Unit. Harbur Park & Leisure Homes Ltd shall not be liable for such damage unless the damage is caused by Harbur Park & Leisure Homes Ltd’s negligence. In any event Harbur Park & Leisure Homes Ltd’s liability under this clause shall be limited in accordance with clause 11.
5.7 Where Harbur Park & Leisure Homes Ltd carries out Services , the Customer shall indemnify Harbur Park & Leisure Homes Ltd against all costs, losses, expenses and/or liabilities suffered or incurred by Harbur Park & Leisure Homes Ltd and against all actions and/or claims by third parties (including Harbur Park & Leisure Homes Ltd’s employees, sub-contractors and agents) arising directly or indirectly from:-
a) the delivery of the Units to the Customer’s Premises or the carrying out of Siting at the Customer’s Premises;
b) defects in or unsuitability of other works being carried out at the Customer’s Premises by the Customer or any third party;
c) defects in or unsuitability of apparatus or plant supplied by the Customer for use by Harbur Park & Leisure Homes Ltd in carrying out the Services; or
d) negligence or other tortious acts or omission and/or breach of contract or statutory duty by the Customer, its employees, sub-contractors or agents.
6. RISK/TITLE
6.1 The Units are at the risk of the Customer from the time of delivery.
6.2 Ownership of the Units shall not pass to the Customer until Harbur Park & Leisure Homes Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:
a) the Units; and
b) at all times display in a prominent position in or on the Units a sign stating “This leisure lodge is the property of Harbur Park & Leisure Homes Ltd” or “This park home is the property of Harbur Park & Leisure Homes Ltd” and the Customer shall not remove, deface or obscure such sign;
c) not allow any person to occupy any Unit or any part thereof;
d) maintain the Units in satisfactory condition including, but not limited to, ensuring that the internal temperature in the Units is not less than 12ºC and the Units are adequately ventilated at all times; and
e) keep the Units insured on Harbur Park & Leisure Homes Ltd's behalf for their full price against all risks to the reasonable satisfaction of Hom eseeker Park & Leisure Homes Ltd. On request the Customer shall produce the policy of insurance to Harbur Park & Leisure Homes Ltd
6.4 The Customer's right to possession of the Units shall terminate immediately if:
a) 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 or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), 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 to the insolvency or possible insolvency of the Customer; or
b) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between Harbur Park & Leisure Homes Ltd 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 of the Insolvency Act 1986 or the Customer ceases to trade; or
c) the Customer encumbers or in any way charges any of the Units.
6.5 Harbur Park & Leisure Homes Ltd shall be entitled to recover payment for the Units notwithstanding that ownership of any of the Units has not passed from Harbur Park & Leisure Homes Ltd.
6.6 The Customer grants Harbur Park & Leisure Homes Ltd, its agents and employees an irrevocable licence at any time to enter any premises where the Units are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them and Harbur Park & Leisure Homes Ltd shall be entitled to take such steps as are necessary to recover the Unit from the Customer’s Premises including detaching the Unit from its base and from any utility supply Harbur Park & Leisure Homes Ltd shall not be liable for any damage to the Customer’s Premises or any part of it caused during the recovery of the Unit from the Customer’s Premises unless caused by Harbur Park & Leisure Homes Ltd’s negligence and in such circumstances Harbur Park & Leisure Homes Ltd’s liability shall be limited in accordance with clause 11.
6.7 Where Harbur Park & Leisure Homes Ltd is unable to determine whether any Units are the park homes in respect of which the Customer's right to possession has terminated, the Customer shall be deemed to have sold all park homes of the kind sold by Harbur Park & Leisure Homes Ltd to the Customer in the order in which they were invoiced to the Customer.
6.8 On termination of the Contract, howsoever caused, Harbur Park & Leisure Homes Ltd's (but not the Customer's) rights contained in this clause 6 shall remain in effect.