These terms and conditions shall be incorporated into and form the contract between the buyer and the company, and shall have precedence over any terms and conditions the buyer may seek to impose.
1.1 In these conditions:
The company - meaning Sovereign Park & Leisure Homes Ltd.
Contract work - meaning construction / manufacture of any mobile park home or prefabricated building by the company.
Goods means all goods, including, but not limited to, any mobile park home or prefabricated building constructed by the company, materials, equipment, fittings, and any property within the mobile park home or prefabricated building.
Buyer/customer - meaning any purchaser of the goods from the company.
Contract - meaning any contract between the company and the buyer.
Terms/conditions - meaning the terms and conditions of sale.
1.2 The headings in these conditions are for convenience only and shall not affect the interpretation of a contract.
2. Orders and Specifications
2.1 These conditions shall apply to every quote, specification, contract, or any other document issued by the company. The company shall not be bound by any terms or conditions which may be inconsistent with these conditions.
2.2 No variation of, or addition to these conditions shall be effective unless received in writing and signed by the company.
2.3 Any typographical error, clerical error, or omission in any quote, price list, invoice, or any other such document issued by the company shall be subject to correction without any liability on the part of the company.
2.4 All specifications, descriptions, drawings, designs, or other information provided by the company in relation to contract work and/or goods are approximate, howsoever provided, shall form part of a contract and, with relation thereto, the company reserves the right to incorporate modifications or amendments in contract work or goods.
2.5 All brochures, catalogues, price lists, particulars of dimensions, and other advertising or descriptive material produced by the company are intended to be approximate only and to give a general impression of the goods. Unless expressly incorporated within the specification or confirmation of order, the same shall not form part of the contract. The company reserves the right to make minor alterations to the design specification or construction of goods without prior notification to the buyer.
2.6 No contract work shall be started unless the company has received in writing a confirmation of order acceptance, quotation acceptance, or a written order (contract) placed by the buyer.
2.7 The buyer shall be responsible to the company for ensuring the accuracy of the terms or any order or other material including the specification or changes to the specification.
2.8 The company does not have to accept any alterations to the specification after an order has been taken.
2.9 The company will not be held responsible for the delays in the contract work through:
2.9.1 Any consequence of; war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military, confiscation, commandeering, nationalisation or requisition, loss or destruction of or under of any government de jure or de facto, or public, municipal, or local authority.
2.9.2 Acts of nature, including but not limited to storm, flood, fire, wind etc.
2.9.3 Industrial disputes within the workforce.
2.9.4 Damage - either malicious or accidental.
2.9.5 Delays caused by suppliers.
2.9.6 Delays caused by subcontractors, i.e. transportation, siting etc.
2.9.7 Theft of goods.
2.9.8 Civil commotion.
2.10 The company shall have and retain the copyright and all other intellectual or industrial property rights in drawings, designs, plans, models, specifications, and/or estimates prepared by the company unless agreed otherwise in writing.
3.1 The buyer may not cancel contract work, goods, or contract unless the company agrees in writing and then on the terms that the buyer shall indemnify the company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), claims, actions, damages, charges and expenses incurred by the company as a result of cancellation.
3.2 If for any reason the buyer cancels an order for goods, which the company has specifically obtained or has specifically manufactured, then the buyer will be liable for payment for the goods. In such cases, the company will use reasonable endeavours to re-sell the goods at the best price possible but any shortfall, together with the company’s expenses, will be deducted from any deposit paid and any balance will be owed to the company.
4.1 The goods are the responsibility of the buyer from the point of delivery or collection irrespective of whether the goods have been passed to the buyer and should be insured by yourselves, as soon as they leave our premises.
4.2 In case of delivery being made prior to the company receiving payment, the goods shall not pass from the company until:
4.2.1 The buyer has paid the price plus VAT in full: and
4.2.2 No other sums shall be due from the buyer to the company.
4.3 Until the ownership of the goods passes to the buyer, the buyer shall hold the goods on a fiduciary basis as bailee for the company. The buyer shall store the goods (at no cost to the company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the property of the company.
4.4 Although the goods (or any of them) remain the property of the company, the buyer may sell and/or use the goods in the ordinary course of the buyer’s business at full market value for the account of the company. Any such sale or dealing shall be a sale or use of the company’s property by the buyer on the buyer’s own behalf and the buyer shall deal as principle when making such sales or dealings. Until the goods pass from the company the entire proceeds of sale or otherwise of the goods shall be held in trust for the company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all times identified as the company’s money.
4.5 The company is entitled to recover the price (plus VAT) of the goods that have not passed from the company.
4.6 Until the goods pass from the company to the buyer, the buyer shall (upon request) deliver the goods to the company. If the buyer fails to do so, the company may enter upon any premises owned, occupied or controlled by the buyer where the goods are situated and repossess the goods. On the making of such request, the rights of the buyer under clause 4.4 of these terms shall cease.
4.7 The buyer shall not pledge in any way of security for any indebtedness any of the goods which are the property of the company. Without prejudice to the other rights of the company, if the buyer does so all sums whatever owing to the company from the buyer shall immediately become due and payable.
4.8 The buyer shall insure and keep the goods insured up to the full price and against “all risks” to the reasonable satisfaction of the company and do so until the date that the goods pass from the company to the buyer. The buyer shall (when requested by the company) produce a copy of the insurance policy. Without prejudice to the other rights of the company, if the buyer fails to do so all sums owed to the company by the buyer shall immediately become due and payable.
4.9 The buyer shall promptly deliver the prescribed particulars of this contract to the registrar in accordance with the Company’s Act 1985 Part XII as amended. Without prejudice to the other rights of the company, if the buyer fails to do so all sums owed to the company by the buyer shall immediately become due and payable.
5. Damages or Deficiencies
The buyer shall notify the company in writing within seven days of collection or delivery of the goods of any alleged defect, damage, or failure to comply with the specification. Thereafter, the buyer shall be deemed to have accepted the goods and no liability will be accepted by the company in respect of any such matters except as referred to in section 6 of these conditions.
If the company is satisfied that a defect exists and was not caused in whole or in part by any matter, action or occurrence outside the company’s or the buyer’s control, the company will rectify/resolve all agreed defects (reasonable wear and tear excluded), of the goods during a period of twelve months from the date of collection or delivery, provided that the defects are reported in writing before the 12-month period expires.
7. Ten-Year Warranty
Please see separate Gold Shield Warranty document for details, this is available upon request.
8. Off-Line Production Date
The off-line production dates given by the company are approximate only and the company will use reasonable means to meet such dates. However, the company does not guarantee any dates and shall not be liable for any loss or damage suffered by the buyer through any delay in meeting the off-line production date.
9. Demurrage Charges
In a case where the buyer has agreed to collect goods from the company and fails to do so, the company shall be entitled to make a charge of £100 per week during the period in which they remain uncollected. All accrued demurrage charges must be paid in full prior to collection of the goods.
10. Terms of Payment
10.1 Payment for the goods should be made according to the terms as stated on the Invoice and or confirmation of order. The company may at its absolute discretion at any time refuse to fulfil a contact for goods or services whether in whole or in part if the company is not satisfied with the standing of the buyer.
10.2 The company may choose (without prior warning to the buyer) to cancel any contract in place with the buyer for the supply of further goods, and the company can take any action considered necessary for the recovery of any monies due from the buyer including all costs relating to the recovery if:
10.2.1 The buyer makes a default in any payment and does not adhere to the company’s terms.
10.2.2 The buyer has no reasonable prospect of being able to pay the debts within the meaning of the Insolvency Act 1986 or is made bankrupt.
10.2.3 The buyer (being a company) summons a meeting of its creditors or any of them under Part 1 of the Insolvency Act 1986 suffers a petition for an administration order in respect of it to be filed in court.
10.2.4 The buyer suffers a receiver or administrative receiver to be appointed.
10.3 Payment should be made in full and without delay according to the terms as stated on the confirmation of order and/or invoice for the goods ordered/supplied.
10.4 The company reserves the right to change interest on overdue accounts on a day to day basis at an annual rate of 3.5% over the base rate of HSBC™ bank plc.
10.5 Buyers receiving the benefit of a trade discount are expected to maintain any stock goods in good order and appearance. They are further expected to perform any minor repairs as necessary through transportation etc. without charge to the company.
It is the responsibility of the buyer to ensure that the goods are correctly commissioned by qualified engineers in accordance with the instructions contained in the company’s commissioning notes. No responsibility will fall onto the company for any faults which may arise if these instructions are not followed.
12. Siting and Transport
12.1 All goods must be sited correctly on a prepared base and according to the company’s instruction leaflet. The company shall not be liable for any faults arising from incorrect siting or transportation where the company is not contracted to perform such tasks.
12.2 When the company is requested to transport or site the goods, the buyer shall ensure that there is unrestricted and unobstructed access to the siting plot and that there will be a base prepared in accordance with the company’s instruction leaflet. Any cost incurred by the company due to the above conditions not being met will be charged back to the buyer.
13. Variation to Agreement
Any variation to these terms and conditions (including any special terms and conditions agreed between the company and the buyer) shall be inapplicable unless agreed in writing by the company.
14. Proper Law of Contact
This contract is subject to the Laws of England and Wales. The buyer’s statutory rights under the Supply of Goods and Services Act 1982 shall remain in full force and effect.
I can confirm that I have read and understood all of the above and agree to Sovereign Park & Leisure Homes Ltd terms and conditions of sale.