1. Definitions
In these Conditions:
“Company” refers to 4 All Seasons Caravans Limited, its employees and agents to whom these Conditions apply;
The “Premises” means the property occupied by the Company at Eton Hill Road, Radcliffe M26 2XT including but not limited to walkways, grassed areas, car park, office and all other facilities provided by the Company for repair and storage of caravans;
The “Office” means the office at the Premises;
“Owner” means the owner of the caravan, RV, boat, car or motor home. Where the owner is more than one person, all obligations of the Owner under these Conditions shall be joint and several;
“Caravan” means the caravan, RV or motor home belonging to the Owner and identified in the standard booking schedule signed by the Owner incorporated into these general conditions by reference;
“Storage” means keeping the Caravan at the premises for the term;
“Storage Fee” means the payment payable by the Owner to the Company in accordance with clause 11;
“Goods” means the goods supplied by the Company to the Owner;
“Services” means any works of repair undertaken by the Company;
“Services Specification” means the description or specification in writing for the Services provided by the Company to the Owner;
“Term” means the length of time the parties agree that the Caravan may remain on the Premises pursuant to these Conditions.
2. Application of Terms
2.1 Subject to any variation under condition 2.3 or condition 17, these Conditions comprise all the terms of the contract between the Company and the Owner to the exclusion of all other terms and conditions (including any terms and conditions which the Owner purports to apply under any purchase order, confirmation of order, specification or other document). No statement, written or oral, including any price list, brochure or promotional literature of the Company should be incorporated into the contract or have any legal effect.
2.2 The terms in these Conditions shall prevail over any term put forward by the Owner and no conduct of the Company shall constitute acceptance of any terms put forward by the Owner unless the Company expressly agrees to them in writing such agreement being signed by a director of the Company.
2.3 No additions to, or variations of, these terms shall be binding on the Company unless in writing signed by a director.
2.4 No employee or agent of the Company has any authority to make any representations on behalf of the Company as to the effect of these terms.
3. Price and Payment for Goods And Services
3.1 Unless expressly agreed in writing by a director of the Company, the price for the Goods and/or Services shall be the price set out in the Company’s quotation.
3.2 The Company reserves the right to vary its price by written notice to the Owner.
3.3 Unless expressly stated, otherwise all prices are exclusive of value added tax (“VAT”) which the Owner shall additionally be liable to pay to the Company at the prevailing rate.
3.4 The Owner shall pay for Goods and/or Services within 7 days of the date of an invoice. Payment shall be made to the bank account nominated by the Company (subject to condition 3.8) and time for payment is of the essence.
3.5 The Company reserves the right to keep the Caravan at the Premises until payment is made in full (condition 11).
3.6 The Owner shall make all payments due for Goods and/or Services without any deduction whether by set off, counterclaim, discount, abatement or otherwise.
3.7 If the Owner fails to pay the Company any sum due in full:
3.7.1 the Owner will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 6% above the base lending rate from time to time of National Westminster Bank plc and accruing on a daily basis until payment is made. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998;
3.7.2 the Company shall be entitled to levy a daily storage fee for the Caravan of £10 per day; and
3.7.3 the Company shall be entitled (without prejudice to its other claims and rights under the Conditions) to suspend or cancel further deliveries or Services under these Conditions and any other contract between the Company and the Owner and treat a contract as being repudiated by the Owner and to terminate any contract forthwith.
3.8 The Company accepts payment by all major debit/credit cards or cash.
4. Quality of Goods
4.1 The Company warrants that (subject to the other provisions of these Conditions) upon delivery of and for a period of 12 months the Goods shall:
4.1.1 conform in all material respects with any description given to the Owner by the Company;
4.1.2 be free from material defects in design and material; and
4.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
4.2 If any of the Goods do not confirm with the warranties in condition 4.1 the Company shall at its sole discretion either:
4.2.1 repair or replace the defective Goods (or the defective part); or
4.2.2 allow full credit for the defective Goods provided that if the Company so requests the Owner shall at the Company’s expense return the Goods or the part of such goods which are defective to the Company.
4.3 The Company shall not be liable for the Goods’ failure to comply with the warranty set out in condition 4.1 in any of the following events: -
4.3.1 the Owner alters or repairs such Goods without the written consent of the Company; or
4.3.2 the defect arises as a result of fair wear and tear, wilful damage or abnormal storage conditions.
5. Limitation on Liability for Goods, Services and Storage
5.1 Nothing in these Conditions shall limit or exclude the Company’s liability for:
5.1.1 death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors (as applicable);
5.1.2 fraud or fraudulent misrepresentation;
5.1.3 breach of the terms implied by Section 12 of the Sale of Goods Act 1979;
5.1.4 defective products under the Consumers Protection Act 1987; and
5.1.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
5.2 Subject to Clause 5.1 the Company shall under no circumstances whatsoever be liable to the Owner whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss arising under or in connection with the contract, whether for the provision of goods, services or storage or howsoever arising.
5.3 The Company’s total liability to the Owner in respect of all of the losses arising under or in connection with a contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the price of the Goods.
6. Title and Risk for Goods
6.1 The risk in the Goods shall pass to the Owner on completion of delivery.
6.2 Title to the Goods shall not pass to the Owner until the Company receives payment in full (in cash or cleared funds) for the Goods (and any other goods that the Company supplied to the Owner) in which case title to the Goods shall pass at the time of payment of all such sums.
6.3 Until title to the Goods has passed to the Owner, the Owner shall not remove, deface or obscure any identified mark or packaging on or relating to the Goods.
6.4 The Owner shall maintain the Goods in satisfactory condition and keep them insured against all risk for their full price from the date of delivery.
7. Liability and Insurance Obligations
7.1 The Company shall not be liable, whether in contract, tort or otherwise, for any loss, theft or any damage of any nature suffered by any Caravan or vehicle or other property of the Owner, visitors or contractors, except to the extent that such loss, theft or damage was caused by the negligence of the Company.
7.2 The Owner shall maintain third party insurance in respect of himself, his Caravan, vehicles, agents, visitors and contractors in respect of each accident or incident and whilst the Caravan is at or on the Premises. Such insurance will be effected and maintained by a reputable insurance company. The Owner shall produce the above policy or policies and evidence of payment of the premiums to the Company on demand. The Owner agrees not to do anything which could lead to the above policy or policies being revoked, vitiated or not renewed in the ordinary course.
8. Supply of Services
8.1 The Company shall deliver the Services to the Owner in accordance with the Services Specification.
8.2 The Company shall use all reasonable endeavours to meet any performance dates for the Services specified but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
8.3 The Company reserves the right to amend the Services Specification if necessary to comply with any applicable law or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services and the Company shall notify the Owner in such event.
8.4 The Company warrants to the Owner that the Services shall be provided using reasonable care and skill.
9. Commercial Use, Sale and Notification
9.1 Except with the previous written consent of the Company, the Owner shall not use any part of the Premises or the Caravan whilst at the Premises for any commercial purposes including, without limitation, hire of the Caravan or advertising of any kind.
9.2 The Owner shall not offer any Caravan for private sale whilst it is at the Premises.
10. Work to Caravan
10.1 Save for minor running repairs and minor maintenance works of a routine nature, the Owner shall not carry out any work to the Caravan on the Premises without the prior written consent of the Company.
10.2 In carrying out any work permitted under clause 10.1, the Owner and/or his representatives shall not cause any nuisance to the Company and/or to any other users of the Premises and/or to any person residing in the vicinity of the Premises.
11. Storage Fees and General Lien
11.1 Unless expressly agreed in writing by a director of the Company the price for storing a Caravan at the Premises for a Term (Storage Fees) shall be the price set out in the Company’s quotation.
11.2 The Company reserves the right to vary its price by written notice to the Owner.
11.3 Unless expressly stated otherwise all prices are exclusive of VAT which the Owner shall be additionally liable to pay to the Company at the prevailing rate.
11.4 The Owner shall pay the Storage Fees for the Term on arrival of the Caravan at the Premises.
11.5 The Company will, at its sole discretion, decide whether to refund any Storage Fee paid upon the Owner terminating this agreement prior to the end of the Term.
11.6 The Company accepts payment by all major debit/credit cards or cash.
11.7 The Company may set off against any sums due to the Owner under these Conditions a lawful set off or counterclaim to which the Company may at any time be entitled.
11.8 The Company has, in addition to any other right or remedy available to it, a power of sale over any Caravan and/or other property belonging to the Owner whilst in or at the Premises until such time as any money due to the Company in respect of the Caravan whether on account of storage, commission, charges for Goods or Services all other fees, costs and expenses charged under or in connection with any agreement is paid by the Owner.
11.9 If any such sum remains unpaid (in full or in part) more than one month after it becomes due, the Company is entitled to:
(a) retain the Caravan in its possession until full payment is made; and
(b) dispose of the Caravan and/or other property belonging to the Owner in such manner and at such price as the Company thinks fit on the expiry of 14 days' notice to the Owner. Such notice must:
(i) be given in writing;
(ii) be given in person or sent by first-class post to the Owner's last known address;
(iii) state the amount due; and
(iv) state the Company's intention to dispose of the Owner's property unless the amount due is paid in full by the expiry of the notice period.
Any notice given in person is deemed received at the time of delivery. Any notice sent by first-class post is deemed received on the second working day after posting to the Owner's last known address.
11.10 The Company will apply the proceeds of any disposal under clause 11.9(b) in the following order:
payment of disposal costs;
(c) payment of outstanding fees, costs and expenses charged under or in connection with these Conditions;
(d) payment of any other costs and expenses, including the cost of storing the Caravan during its retention pending disposal; and
(e) payment of any remainder to the Owner.
11.11 The Owner irrevocably appoints the Company (or its directors) as its attorney to sign, execute and deliver on its behalf all deeds and documents and to do all acts and things necessary to enable the registration of the Company as owner of the Caravan and/or other property in exercise of the power of sale in condition 11.9.
12. Termination
12.1 Either the Owner or the Company may terminate this agreement by giving the other 7 days’ notice in writing.
12.2 Without prejudice to any of the rights the Company may have in respect of any breach of these Conditions by the Owner, the Company may terminate this agreement forthwith in the following circumstances:
12.2.1 If the Owner commits a breach of any term of these Conditions which is capable of remedy which is not cured within the time stipulated by the Company in a written notice to the Owner specifying the breach and requiring its remedy; or
12.2.2 If the Owner commits a breach of any terms of these Conditions which is not capable of remedy.
12.3 On expiry of the 7 days referred to in clause 12.1 or upon the Company terminating this agreement pursuant to clause 12.2 the Owner shall remove his Caravan from the Premises within 2 days.
12.4 If the Owner fails to remove his Caravan within this period the Company shall be entitled:
12.4.1 To charge the Owner the amount which would have been payable by the Owner to the Company if the agreement had not been terminated for the period between termination or removal of the Caravan from the Premises; and/or
12.4.2 To remove the Caravan from the Premises and secure it elsewhere and then charge the Owner with all costs arising out of such removal including alternative site fees.
13. Rights of the Company to move Caravans
13.1 The Company reserves the right to move, enter or carry out emergency work on any Caravan if, in the Company’s opinion, it is necessary for the purposes of trying to:
13.1.1 avoid damage to the Caravan or to any other caravan on the Premises; and/or
13.1.2 ensure the safety of other users of the Premises; and/or
13.1.3 ensure the safety of the Company’s staff, premises, plant or equipment.
13.2 The Company also reserves the right to move the Caravan and/or to move any equipment and/or goods belonging to the Owner if in the Company’s opinion it is necessary for the good management, safety or security of the Premises.
14. Non-Assignability
These conditions and any agreement concluded is personal to the Owner and his Caravan. The Owner must not assign any of rights or obligations under this agreement to any third party without the prior written consent of the Company, such consent not to be unreasonably withheld.
15. Health and Safety and Fire Precautions
The Owner shall abide by all Health and Safety Regulations, Codes of Practice and any health and safety guidance issued by the Company whilst using the Premises.
16. Additional Regulations
16.1 The Company reserves the right to amend these Conditions and/or to introduce other rules and regulations, including but not only to specific site rules which are necessary for the efficient and effective running of the Premises. Such amendments and rules and regulations shall become effective on being displayed in any prominent place at the Premises.
16.2 Any such rules and regulations introduced pursuant to this clause shall be deemed to form part of these Conditions and the Company shall have the same rights against the Owner for a breach of those rules and regulations as for a breach of these Conditions.
16.3 The Owner undertakes to abide by any reasonable instructions issued by the Company during the currency of these Conditions.
17. Occupation of Caravans
17.1 The Owner shall not himself nor shall he encourage or permit any other person to live in a Caravan whilst it is on or at the Premises.
17.2 The Owner shall not use the Premises of the Office as an accommodation address.
18. General
18.1 In these Conditions, unless the contest otherwise requires, words importing any gender include every gender and words importing the singular number include the plural and vice versa.
18.2 The headings in these Conditions are for convenience only and shall not effect its interpretation.
18.3 Unless agreed otherwise in writing, the Company’s failure to exercise and delay in exercising any right or remedy provided by these Conditions does not constitute a waiver of that right or remedy or waiver of any other rights or remedies under these Conditions.
18.4 The Company shall not be liable for any failure or delay in performing any of its obligations under these Conditions caused by circumstances beyond its control.
18.5 If any part of these Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the validity and enforceability of the remainder of these general conditions shall not be effected.
18.6 No person other than a contracting party may enforce any provision of these Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
18.7 Any notice given or invoice to be delivered by first class post shall be deemed to have been received on the second working day after posting.
18.8 These conditions shall be governed and construed in accordance with the law of England and Wales.
18.9 The courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or their subject matter or formation.