1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 10.2
Park Home: the Park Home and contents that We are selling to you as set out in the Order
Part Payment: the 10% part payment to be paid by you when placing an Order
Order: your order for the Park Home as set out overleaf
Terms: the terms and conditions set out in this document
We/Our/Us: Avondale Property (Holdings) Limited (Company Number: 00983091) of Witherley House, Carlyon Road, Atherstone, Warwickshire CV9 1JE
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply the Park Home to you under this Order.
2.2 Please ensure that you read these Terms carefully and check that the details on the Order and in these Terms are complete and accurate before you sign and submit the Order. If you think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for the Park Home. Our acceptance of the Order will take place as described in clause
2.4. If We are unable to supply you with the Park Home, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us when we have received the Part Payment from you and either We and you have both signed the Order form or We issue you with a written acceptance of an Order or We contact you that We are able to provide you with the Park Home, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Our website, catalogue and park home manufacturers’ brochure are solely for the promotion of Our Park Homes in the UK. Unfortunately, We do not accept orders from or deliver to addresses outside the UK.
2.7 The images of the Park Homes on Our website, in Our catalogue or park home manufacturers’ brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Park Home. Your Park Home may vary slightly from those images.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms following changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.
3.3 You may make a change to the Order for the Park Home only at our discretion, and in the case of made-to-measure Park Homes, only when the Park Home has not already been issued for build by the manufacturer. Where this means a change in the total price of the Park Home, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11.1 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.
3.5 We will not be bound by any variations or additions to the Order unless the same are made in writing and annexed to this Order form. In particular We will not be bound by any statements as to the terms and conditions of sale of the Park Home or the condition, recommended price or delivery of the Park Home made by any person purporting to act on Our behalf insofar as the same are not contained in this Order form. Any such statements are made without Our authority.
4. MADE-TO-MEASURE PARK HOMES
4.1 We may procure the manufacture of a Park Home especially for you according to the requirements you provide Us.
4.2 Please make sure the options you select are correct and accurate. Unfortunately, We cannot accept your rejection of a made-to-measure Park Home if the reason for the rejection is because you provided Us with incorrect information. However, this will not affect your legal rights as a consumer in relation to made-to-measure goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
4.3 The Part Payment is non-returnable for the made-to-measure Park Home ordered by you if you cancel your Order and the Park Home has been issued for build by the manufacturer.
5. DELIVERY OF PARK HOMES
5.1 Please note that timescales for delivery will vary depending on the availability of the Park Home.
5.2 Any time or date for delivery named by Us is an estimate only and although We shall use Our best endeavours to deliver at the said time or date, the time of delivery shall only be of the essence if three months has passed from the estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens.
5.3 If We miss the delivery deadline of three months from the estimated delivery date for any Park Home then you may cancel your Order straight away if any of the following apply:
5.3.1 We have refused to deliver the Park Home;
5.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or you told Us before we accepted your order that delivery within the delivery deadline was essential.
5.4 If you do not wish to cancel your order straight away under clause 5.3, or do not have the right to do so, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
5.5 If you do choose to cancel your Order under clause 5.3 and the Park Home has been delivered to you, you will have to return it to Us or allow Us to collect it, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Park Home and its delivery.
5.6 Delivery of an Order shall be completed when We deliver the Park Home to the address we have agreed and you have collected the keys.
5.7 The Park Home will be at your risk once delivery has been completed.
6. IF THE PARK HOME IS FAULTY
6.1 As a consumer, you have legal rights in relation to goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.2 We shall have the option of repairing or replacing the Park Home which is defective because of faulty material or workmanship. You should give notice in writing to Us with the full details of such defects and should return the defective Park Home to Us within seven days of receipt of the Park Home. Any exercise by Us of this option at your request shall be in substitution of any other claim that you might have in respect of such defects.
7. THIRD-PARTY MANUFACTURER’S GUARANTEE OF PARK HOMES
7.1 The Park Home comes with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Park Home upon receipt of payment in full.
7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. PRICE AND PAYMENT
8.1 The price of the Park Home will be set out in the Order form. Prices are based on costs current at the date of quotation and if prior to delivery any change occurs in these costs, We reserve the right to alter the price to take the increases into account. We will provide you with written notice of the increase in costs. Where this increase makes the final price significantly higher than the price set out on the Order form, you can choose to cancel the Order in accordance with clause 11.1.
8.2 These prices are inclusive of VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Park Home in full before the change in the rate of VAT takes effect.
8.3 The price for the Park Home includes delivery and siting costs which are included in the total amount due. You must make payment for the Park Home, before occupation, by bankers draft, solicitor’s cheque or telegraphic transfer. If you do not make full payment to Us or you fail to perform any of your obligations under these Terms or shall fail to do so within the time provided for in these Terms, We may either:
8.4.1 charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount; or
8.4.2 treat the Agreement as repudiated, in which:
126.96.36.199 the part payment may be forfeited;
188.8.131.52 without prejudice to any forfeiture of the part payment you will become liable to Us for the loss of profit upon the Order and such other loss as We may have suffered. A written statement of the amount of such damages prepared and signed by Us or on Our behalf shall be conclusive proof of such loss and the amount shall forthwith be paid by the Purchaser; and
184.108.40.206 We will be entitled to dispose of the Park Home as We may think fit and We will not be under any liability to account to you for the price received thereof.
8.5 You will own the Park Home once We have received payment in full in cleared funds.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into these Terms.
9.2 We only supply the Park Home for domestic and private use. You agree not to use the Park Home for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way Our liability for:
9.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
9.3.5 defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
10.3.1 We will contact you as soon as reasonably possible to notify you; and
10.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of the Park Home to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Park Home. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 12
(twelve) weeks in accordance with Our cancellation rights in clause 11.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Before the Park Home is delivered, you have the following rights to cancel an Order for the Park Home (other than made-to-measure Park Homes), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
11.1.1 you may cancel any Order for the Park Home within 7 (seven) calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;
11.1.2 if you cancel an Order under clause 11.1.1 and you have made any payment in advance for the Park Home that has not been delivered to you, We will refund these amounts to you and any delivery charges less an administration charge of £100.00;
11.1.3 you may cancel an Order if an increase in costs provided for in clause 8.1 significantly increases the final price of the Park Home from the price set out in the Order form.
11.2 Unfortunately, as the made-to-measure Park Home is made to your requirements, you will not be able to cancel your Order in respect to them once made (but this will not affect your legal rights as a consumer in relation to made-to-measure goods that are faulty or not as described).
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 In the event that the manufacturer of the Park Home subject to these Terms cease to make the Park Home of the type requested in the Order, We will be at liberty to return any part payment paid to you and to cancel the Order without further liability on Our part.
12.2 We may have to cancel an Order before the Park Home is delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
12.2.1 we will promptly contact you to let you know;
12.2.2 if you have made any payment in advance for the Park Home that has not been delivered to you, We will refund these amounts to you;
12.2.3 where We have already started work on your Order for a made-to-measure Park Home by the time We have to cancel under clause 12.2.1, We will not charge you anything and you will not have to make any payment to Us.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a company registered in England and Wales. Our company registration number is 00983091 and Our registered office is at Witherley House Carlyon Road, Atherstone, Warwickshire CV9 1JE. Our registered VAT number is 114 1888 78.
13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning the office of the park where the Order was placed.
13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by hand or by pre-paid post to Avondale Property (Holdings) Limited at, Witherley House Carlyon Road, Atherstone, Warwickshire CV9 1JE or the park where the Order was placed. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
14.1.1 provide the Park Home;
14.1.2 process your payment for such Park Home; and
14.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.3 We will not give your personal data to any other third party.
15. OTHER IMPORTANT TERMS
15.1 Any notice We are required to give to you under these Terms shall be deemed to have been duly served if sent by prepaid post to your last known address in Our possession and will be deemed to have been received by you in the ordinary course of post. We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
15.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.6 These Terms are governed by English law. You and We both agree to submit to the non- exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.