GENERAL

1. All business undertaken including information or services provided whether gratuitously or not by Time Leisure Ltd (“The Company”) is transacted subject to these terms of business which shall be deemed to be incorporated in any contract between the company and a customer.

PRICE AND CONTRACT

2.1 A binding contract (“the contract”) for the sale and purchase of goods and/or parts thereof and/or services provided by the company (collectively herinafter called “goods”) shall come into being on the company’s written acceptance of the Customer’s order and accordingly unless otherwise provided in writing quotations shall be invitations to treat and not offers capable of acceptance.
2.2 The purchase price of the Goods the subject of a Contract (“the price”) shall subject to Condition 2.3 be the price stated or referred to in the acceptance of the Customer’s order and shall be exlusive of Value Added Tax and all other (if any) taxes, insurance and (unless otherwise agreed in writing) delivery charges applicable thereto.
2.3 The price referred to in Condition 2.2 will have been based on labour material and other costs ruling at the date of fixing the Price and the Company reserves the right to increase such Price to cover any increases in such costs occurring up to the date of delivery of the Goods under the contract.

PAYMENT

3. Unless otherwise agreed in writing payment of the full Price of the Goods without any withholding or deduction together with any Value Added Tax and other charges payable under the contract shall be made by the Customer to the Company as follows:-
3.1 In the case of goods which are trailers of goods ordered specially:-
3.1.1 In part by the payment of non-returnable deposits of the amounts and at the times specified in the Company’s acceptance of the Customer’s order; and:-
3.1.2 The balance on or before delivery of the Goods to the Customer ex the Company’s works as notified by the Company.
3.2 In all cases payment shall be made by cash (Limit £9000 ,nine thousand pounds, in total ) or bankers draft or debit card, on delivery or if by any other arrangement only with written agreement by the Company. IN ALL CASES THE COMPANY MUST HAVE PAYMENT IN CLEARED FUNDS BEFORE GOODS ARE RELEASED
4. If the customer shall hinder or refuse delivery of the Goods being made by the Company whether by failure to provide delivery instructions or transport or otherqise the Company shall have the right to invoice the Customer for the price and/or the balance of the price (as the case may be) when the Goods are available for delivery and payment by the Customer shall be made not later than seven days after the date of that invoice. The Company shall also have the right to make a reasonable charge for storage, maintenance and insurance of the Goods which charges shall be added to the price. All amounts owing by the customer and unpaid at the due date shall carry interest at 3% above the Base Rate of Barclays Bank PLC from time to time in force.
5. In the case of all payments due to the Company hereunder time shall be of the essence of the Contract.

DELIVERY

6.1 Goods will be delivered ex the Company’s premises but at the request of the Customer the Company will on behalf of and (unless otherwise agreed in writing) at the expense of the Customer arrange tranposrtation of the Goods to the Customer’s premises or such other place or places as the Customer shall direct.
6.2 The Company shall use its best endeavouirs to deliver the Goods by the time indicated in the Contract (such times being given however and intended only as an estimate) and the Company accepts no liability for any loss, expense or damage occasioned by any failure to do so.

TITLE AND RISK

7.1 Title to the Goods shall not pass to the customer until payment of the Price together with Value Added Tax and all other taxes Customs and other duties, charges payable hereunder have been made to the Company in accordance with condition 2.2.
7.2 Until title to the Goods passes to the Customer the Customer shall so deal with the Goods that they may be readily identifiable as the Company’s property and shall insure the Goods against risk of loss or damage to the full value thereof and on twelve hours notice shall grant access and provide all necessary facilities to a reasonable number of the Company’s employees to enable the Company to recover possession of the Goods.
7.3 Not withstanding the foregoing the Customer shall be entitled to sell the Goods (but not to a subsidiary of or a company within the same Group as the Customer) in the normal course of its business on condition that so long as the Customer has not discharged all amounts owing to the Company the Company shall be entitled to the benefit of all claims the Customer has against its sub-purchasers emanating from any such transaction which benefit the Customer shall formally assign to the Company when called upon so to do.
7.4 Risk of loss or damage to the Goods shall pass from the Company to the Customer on delivery of the Goods ex the Company’s premises.

CLAIMS FOR SHORTAGES

8. Claims that Goods have been delivered short by the Company or otherwise fail to comply with the Contract must be notified in writing on the Delivery Note which accompanies the Goods at the time of delivery of the Goods ex the Company’s premises or to the Customer’s premises if the Company has undertaken transportation.

DEFECTS AND WARRANTY

9.1 This condition and conditions 10, 11, 12 and 13 shall be construed in accordance with the Unfair Contract Terms Act 1977 (“The Act”).
9.2 The Company accepts liability for physical loss or damage to property (real or personal) arising from obligations under the Contract up to a limit not exceeding £250,000.00;
10. In the case of the Customer who are “consumers” for the purpose of the Act the obligations pursuant to Condition 9.2 shall be in addition to and not in lieu of their statutory rights (particularly those to be implied in the Contract pursuant to The Sale of Goods Act 1893) which remain unaffected.
11. In the case of customers who buy Goods in the course of business for the purpose of the Act:-
11.1 No goods supplied by the Company shall carry any warranty or condition of sale express or implied as to quality or as to fitness for any particular purpose unless the customer when he orders the Goods sufficiently explains the purpose of which they are required and makes it clear that he is relying on the Company’s skill and judgement.
11.2 No proprietary article ordered from the Company by name type and/or size shall carry any such warranty or condition of sale save so far as the Company is able to pass on to the Customer a manufacturer’s warranty.
11.3 In no event does the Company accept liability to a Customer who buys Goods in the course of a business as aforesaid for consequential damage beyond replacement of any faulty or unsuitable article supplied.
12. If any defect shall become apparent in the Goods or any part thereof within a period of six months from the delivery of the Goods the Company shall if it is obliged to do so under Conditions 10 or 11 make good free of charge by repair or (at the Company’s option) replacement any such defect in the Goods provided that the obligations of the Company under this condition shall be subject to:-
12.1 The Goods being handled, maintained, used and operated properly and carefully and in accordance with the Company’s and its suppliers recommendations and instructions. Fair wear and tear is hereby agreed to be outside the scope of the benefits conferred on the Customer under this Condition.
12.2 Notice in writing being given to the Company of any defect in the Goods immediately it becomes apparent and no repair, replacement or modification being made or attempted without the Company’s express written permission.
12.3 All parts supplied by the Company not of it’s manufacture are not covered by this warranty and are subject to the warranty of the makers beyond which the Company accepts no responsibility.
12.4 It being understood by the Customer that any repair work undertaken or replacement supplied does not extend the warranty period.
12.5 It is the responsibility of the Customer to return the Goods to the place of purchase that being the Company’s office or showroom or a place specified by the Company.
12.6 Any goods returned by the Customer must be clean and in a condition that the Company can carry out warranty work. If the Company has to clean the Goods then a charge will be made to the Customer.
12.7 No claim will be entertained for loss of earnings arising out of whole or part of the Goods being faulty or when the Goods are with the Company for the period of time it takes the warranty work to be carried out.
13. A Customer who buys Goods in the course of a business undertakes that before delivering the same to a Customer whi is the “consumer” for the purposes of the Act to check such goods received from the Company in accordance with any pre-delivery instructions as may from time to time be issued by the Company.

SPECIFICATIONS

14. Any particulars of weights, measurements, power performance given in advertisements, brochures, catalogues, in correspondence or verbally although given in good faith must always be taken as approximate only and not in any way as a guarantee.

ILLUSTRATION DESIGN AND NEW MODELS

15.1 Drawings, photographs and other illustrations or advertisement matter supplied represent generally the Goods specified but shall not be taken as representing the Goods subject to the Contract and shall not form part of the Contract.
15.2 The right to change the design construction or specification of the Goods the subject of a Contract without prior notice is reserved to the Company. The Company reserves the right to deliver Goods in fulfilment of the Contract conforming to its prevailing design and specification at the time of delivery.

LIEN AND RIGHT OF SALE

16. The Company shall have a general lien on all Goods in respect of money due to the Company whether in respect of the Contract or any other contract with the Customer or for other charges or costs payable by the Customer and if the general lien is not satisfied within one month after notice has been given to the Customer or other person from whom the monies are due that such Goods are being detained the Goods may be sold by the Company as agents for the Customer by auction or otherwise and the proceeds of the sale applied to the satisfaction of the lien and the expenses of storage, maintenance, insurance and sale.

LEGAL CONSTUCTION

17.1 The Contract shall in all respects be construed and operate as an English Contract and shall be subject to and interpreted in accordance with English law.
17.2 No representative or agent of the Company has any authority to vary or add to these terms of business of the specifications of the Goods ordered except when confirmed by the Company’s official confirmation in writing.

FORCE MAJEUR

18. The Company will not be liable for any loss or consequential liability or damage sustained by the Customer by reason of act of God, war, riot, fire, strike, lock-out, government control or regulation, abnormal weather conditions, accident, breakdown or any other circumstances beyond the Company’s control.
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