{"seo":{"metaTitle":"Terms and conditions of sale | Victory Leisure Homes","metaDescription":null,"keywords":null,"metaRobots":null,"metaViewport":null,"canonicalURL":"/policy-hub/terms-and-conditions-of-sale","structuredData":null,"metaImage":{"data":{"attributes":{"name":"victory-logo.svg","alternativeText":"victory-logo.svg","url":"https://res.cloudinary.com/rixdigital/image/upload/v1662477960/victoryleisurehomes.co.uk/strapi-uploads/victory_logo_5f9219fdfa.svg","width":88,"height":48}}}},"title":"Terms and conditions of sale","slug":"terms-and-conditions-of-sale","content":"

VICTORY LEISURE HOMES LIMITED
TERMS AND CONDITIONS OF SALE 2026

Updated 12th February 2026

","isBanner":false,"accordion":[],"dropdownAccordion":[{"heading":"1. Interpretation","description":"

1.1 The definitions and rules of interpretation in this Condition apply in these Conditions and any Order Acknowledgment.

Buyer: the holiday park operator or distributor who purchases the Goods and/or Services from the Company.

Company: Victory Leisure Homes Limited (company number 6800412) whose registered office is at 2 Humber Quays, Wellington Street West, Hull, HU1 2BN.

Consumer Guarantee: the warranty provided by the Company to the First Owner only and which is provided with the Company handbook.

Conditions: these terms and conditions as amended from time to time in accordance with these conditions.

Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods and/or Services, incorporating these Conditions and the Company’s related quotation.

Deliverables: any documentation produced by the Company for the Buyer in connection with the Contract including but not limited to any Design Proposal.

Delivery Point: the place where delivery of the Goods is to take place under Condition 4.1.

Deposit: the amount payable by the Buyer to the Company as set out in the Order Acknowledgement.

Design Proposal: the design proposal created by the Company for the Buyer in connection with the Solar PV System.

First Owner: a person, being a consumer, who buys the Goods from the Buyer, who will be the first owner of the Goods after the Buyer and who shall never be the Buyer even if the Buyer intends to use the Goods commercially.

Goods: new leisure homes or any other ancillary goods or additional options agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and professional costs and expenses).

Order Acknowledgement: written acceptance of the Buyer’s order issued by the Company to the Buyer.

Fleet Units: means Goods which are supplied by the Company to the Buyer on agreed credit terms or other deferred payment arrangements and which, prior to payment in full, are intended to be sited, occupied, used, hired, let, licensed, displayed or otherwise operated by or on behalf of the Buyer (whether for commercial use, demonstration, rental, holiday letting or similar purposes) and not sold to an end customer.

Services: the services, including any Deliverables, supplied by the Company to the Buyer as set out in the Order Acknowledgment.

Solar PV System: a solar photo voltaic system fitted to the leisure home supplied to the Buyer by the Company pursuant to the Contract.

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 Condition headings do not affect the interpretation of these conditions.

"},{"heading":"2. Application of terms","description":"

2.1 Subject to any variation under Condition 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 Buyer purports to apply under any purchase order, confirmation of order, specification or other document) or implied by trade, custom, practice or course of dealing.

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’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 Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods or Services shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company whether set out in the Design Proposal or otherwise which is not set out in the Contract. Nothing in this Condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods and/or Services by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods and/or Services subject to these Conditions.

2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until an Order Acknowledgment is issued by the Company.

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate as detailed on the Company's quotation.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an Order Acknowledgment to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.8 The Buyer should ensure that it has read and understood these Conditions and the terms of the Contract before placing an order with the Company or accepting a quotation from the Company for Goods and/or Services, as they contain terms upon which the Company intends to rely. In particular the Buyer acknowledges and agrees that:

2.8.1 the Buyer will be entering into the Contract in the course of the Buyer’s business and not as a consumer; and

2.8.2 in order for the Company to be able to comply with its obligations in connection with the supply of the Goods and/or Services (including in respect of delivery), the Company may be required to take steps to begin the process of fulfilling the Buyer’s order as early as 24 hours following the time at which the Buyer placed its order or communicated its acceptance of any corresponding quotation of the Company; and

2.8.3 the Buyer shall not have any right to cancel its order once 24 hours have elapsed following the time at which the Buyer placed its order or communicated its acceptance of any corresponding quotation of the Company, or to refuse to accept delivery of the Goods (whether for convenience or any other reason, including but not limited to: (a) where similar or equivalent goods can be purchased elsewhere at a lower price; (b) where the Buyer has any ongoing or pending warranty claim(s) or complaint(s) against the Company relating to any other product(s) previously supplied or agreed to be supplied by the Company to the Buyer; (c) where the Company exercises its right to increase the price under Condition 8.3 or 8.4 of these Conditions (including but not limited to where the Buyer has failed to issue a rejection notice in accordance with Condition 8.4.2b)); or (d) in connection with any other market forces); and

2.8.4 the existence of any ongoing or pending warranty claim(s) or complaint(s) against the Company relating to any other product(s) previously supplied by or agreed to be supplied by the Company to the Buyer, shall not entitle the Buyer to any reduction in the price payable by the Buyer to the Company or to otherwise withhold payment from the Company for the Goods supplied under the Contract (unless the Buyer has a valid court order requiring an amount equal to such reduction or withholding to be paid by the Company to the Buyer).

2.9 All of these Conditions shall apply to the supply of both Goods and Services except where the application to one or the other is specified.

"},{"heading":"3. Description","description":"

3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures and Design Proposal are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Contract and this is not a sale by sample under any circumstances unless the Company has agreed in writing to provide bespoke Goods. In relation to bespoke Goods the Company still reserves the right to make minor changes to the Goods or any components or decorations at any time.

3.3 The Buyer shall provide explanations as to the descriptions of the Goods to its customers as the Buyer acknowledges that the Goods may vary from batch to batch.

3.4 The Company reserves the right to amend the specification of the Goods and/or Services if required by any applicable statutory or regulatory requirement, and the Company shall notify the Buyer in any such event.

"},{"heading":"4. Delivery","description":"

4.1 Unless otherwise agreed in writing by the Company, the Buyer shall collect the Goods (or arrange for the Goods to be collected) from the Company’s premises at Victoria House, Leads Road, Hull HU7 0BZ or such other location as may be advised by the Company prior to delivery (Delivery Point) and are supplied on an Ex Works basis (as defined by the International Chamber of Commerce Incoterms 2020).

4.2 Unless otherwise agreed in writing, the Buyer shall take delivery of the Goods within 5 working days of the Company giving it notice that the Goods are ready for delivery. Subject to Condition 4.5 below, delivery shall be completed upon the Company making the Goods available to the Buyer (or the Buyer’s carrier) for collection at the Delivery Point. The Buyer shall be responsible for the loading of the delivered Goods onto the Buyer (or the Buyer’s carrier’s) vehicle.

4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time and the Company will at its option provide the Buyer with updates in respect of delivery.

4.4 Subject to the other provisions of these Conditions the Company 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 Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

4.5 If for any reason the Buyer fails to accept delivery of any of the Goods within 5 working days of the Company’s notice that they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

4.5.1 the Goods shall be deemed to have been delivered and the price shall immediately become due and payable;

4.5.2 risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence) at such time as the Goods are so deemed to have been delivered; and

4.5.3 the Company may store the Goods until physical delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Without prejudice to the Company’s right to recover from the Buyer any sums due to the Company, if the Buyer has not collected or accepted delivery of the Goods within 10 working days following the date upon which the price became due and payable pursuant to Condition 4.5.1 above, the Company may dispose of the Goods in such manner as the Company may determine and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.

4.6 Unless otherwise agreed in writing the Company shall make available the Goods for loading at the Delivery Point.

4.7 Due to the nature of the Goods delivery may be made by instalments which will be notified to the Buyer and each instalment shall be a separate Contract (which shall be invoiced and paid for separately) and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

4.8 If the Buyer orders Goods for delivery outside England, the Buyer will be responsible for (and the Company shall have no liability for):

4.8.1 any export duties, import duties and/or taxes, fines, penalties or interest which are levied:
a) when the Goods leave England and/or reach the specified destination; and/or
b) because of the failure to prepare or submit the correct export or import forms or paperwork,

4.8.2 complying with all applicable laws and regulations applicable to the export of and Goods and all applicable laws and regulations of the country for which the Goods are destined,

and the Buyer agrees to indemnify and keep indemnified the Company in full and on demand from and against all and any Losses suffered or incurred by the Company arising out of, or in connection with, any failure of the Buyer to perform or discharge its obligations in clause 4.8 including but not limited to any cost incurred by the Company in preparing any paperwork or forms for submission.

"},{"heading":"5. Non-delivery","description":"

5.1 The quantity and quality of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity and quality received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

5.4 The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by the Buyer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the Goods.

"},{"heading":"6. Risk/title","description":"

6.1 The risk in the Goods shall pass to the Buyer on completion of delivery.

6.2 Title to the Goods shall not pass to the Buyer until the earlier of:

6.2.1 the Company receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Company has supplied to the Buyer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and

6.2.2 the Buyer resells the Goods pursuant to and in accordance with Condition 6.5, in which case title to the Goods shall pass to the Buyer at the time specified in Condition 6.4.

6.3 Notwithstanding any other Condition, where the Goods are supplied to the Buyer as Fleet Units, title to the Fleet Units shall not pass to the Buyer unless and until the Company has received payment in full (in cash or cleared funds) of all sums due in respect of all the Fleet Units.

6.4 Until title to the Goods has passed to the Buyer, the Buyer shall:

6.4.1 store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company's property;

6.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

6.4.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

6.4.4 notify the Company immediately if it becomes subject to any of the events listed in Condition 12.2; and

6.4.5 give the Company such information relating to the Goods and the ongoing financial position of the Buyer as the Company may require from time to time.

6.5 Subject to Condition 6.6, the Buyer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Buyer resells the Goods before that time:

6.5.1 it does so as principal and not as the Company's agent; and

6.5.2 title to the Goods shall pass from the Company to the Buyer immediately before the time at which resale by the Buyer occurs.

6.6 If at any time before title to the Goods passes to the Buyer, the Buyer becomes subject to any of the events listed in Condition 12.2, then, without limiting any other right or remedy the Company may have:

6.6.1 the Buyer's right to resell the Goods or use them in the ordinary course of its business ceases immediately; and

6.6.2 the Company may at any time:
(a) require the Buyer to deliver up all Goods in its possession which have not been resold in accordance with Condition 6.5, or irrevocably incorporated into another product; and
(b) if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

"},{"heading":"7. Supply of Services","description":"

7.1 The Company shall supply the Services to the Buyer in accordance with the Order Acknowledgment in all material respects.

7.2 The Company shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order Acknowledgment, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

7.3 The Company reserves the right to amend the Order Acknowledgment 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 Buyer in any such event.

7.4 The Company warrants to the Buyer that the Services will be provided using reasonable care and skill.

"},{"heading":"8. Price","description":"

8.1 Unless otherwise agreed by the Company in writing and subject to Conditions 8.3 and 8.4, the price for the Goods and Services shall be the price set out in the Order Acknowledgment.

8.2 The price for the Goods and Services shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods and/or Services if appropriate.

8.3 The Company may, by giving notice to the Buyer at any time up to 30 days before delivery, increase the price of the Goods and/or Services to reflect any increase in the cost of the Goods and/or Services that is due to:

8.3.1 any request by the Buyer to change the delivery date(s), quantities or types of Goods and /or services ordered, or any previously agreed specification for the Goods and /or Services; or

8.3.2 any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate or accurate information or instructions.

8.4 The price of the Goods and/or Services may be further amended by the Company as set out below:

8.4.1 the Company shall be entitled to increase the price of the Goods and/or Services at any time up to 30 days before delivery to reflect any increase in the cost of the Goods and/or Services that is due to any factor beyond the Company’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials, subcontractors costs and other manufacturing costs) by a factor equal to or less than 5%; and

8.4.2 in the event that the Company wishes to increase the price of the Goods and/or Services to reflect any such increase in the cost of the Goods and/or Services by a factor exceeding the percentage increase referred to in Condition 8.4.1 above, the following procedure shall apply:

a) the Company must provide the Buyer with written notice of the Company’s proposed amendment to the price of the Goods and/or Services not less than 30 days prior to delivery;

b) the Buyer shall be entitled to reject the Company’s proposed amendment to the price of the Goods and/or Services by giving the Company written notice within not less than 5 days following the Company’s related notice issued pursuant to Condition 8.4.2(a) above. If no such rejection notice is validly served by the Buyer, the price of the Goods and/or Services shall be increased as per the Company’s such notice;

8.4.3 in the event that the Buyer validly rejects the Company’s proposed amendment to the price of the Goods pursuant to Condition 8.4.2b) above, the Company may:

a) notwithstanding such rejection by the Buyer, amend the price of the Goods and/or Services in accordance with the principles of condition 8.4 above with effect from the expiry date of the Company’s original notice served under Condition 8.4.2(a) above; and/or

b) without prejudice to the Company’s rights under Condition 8.4.3(a) above, terminate the Contract immediately by giving the Buyer written notice.

8.5 The Company may charge the Buyer the Deposit and the Company is under no obligation to commence manufacture or delivery of the Goods or supply the Services until the Buyer has paid the Deposit and the Company has received the payment of the Deposit in cleared funds. The Company shall be entitled at its entire discretion to retain the Deposit.

"},{"heading":"9. Payment","description":"

9.1 The price of the Goods and/or Services is exclusive of amounts in respect of value added tax (VAT) unless otherwise stated. The Buyer shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Goods and/or Services.

9.2 Any Buyer located in any country other than England, Scotland or Wales will need to provide the Company with proof of export or a customs declaration or other documentation relating to exportation or importation of the Goods as required by the Company. In the event such documentation is not provided to the Company, the Company reserves the right to charge the Buyer VAT.

9.3 Subject to Conditions 4.5 and 9.4 unless otherwise agreed in writing, payment of the price for the Goods and/or Services is due in pounds sterling within 30 days of invoice date or, the date for payment stated on the Order Acknowledgment or, immediately upon the Goods being sold to a third party purchaser, whichever is the earlier.

9.4 Time for payment shall be of the essence.

9.5 No payment shall be deemed to have been received until the Company has received cleared funds into a bank account nominated in writing by the Company.

9.6 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

9.7 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

9.8 If the Buyer fails to pay the Company any sum due pursuant to the Contract (and without prejudice to any other right or remedy), the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9.9 The Buyer shall, on demand, pay to the Company (on a full indemnity basis) the amount of all costs and expenses (including legal, agents and other professional expenses) incurred by the Company in connection with enforcing, preserving any rights under, recovering any payments due under, or monitoring the provisions of, the Contract.

"},{"heading":"10. Quality","description":"

10.1 Notwithstanding any warranty that the Company may provide to a First Owner of the Goods, such warranty shall not apply to the Buyer (as the Buyer is not purchasing the Goods as a consumer). The Company warrants to the Buyer that (subject to the other provisions of these Conditions) on delivery the Goods shall:

10.1.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

10.1.2 be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company.

10.2 The Company shall not be liable for a breach of any of the warranties in Condition 10.1 unless:

10.2.1 the Buyer gives written notice of the defect to the Company in accordance with the inspection, reporting procedures and timescales set out in the Company’s pre-delivery inspection and warranty documentation supplied with the Goods (including any PDI checklist), and in any event within such time periods as are specified in that documentation;

10.2.1 the Company is given a reasonable opportunity after receiving the notice to examine such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer's cost for the examination to take place there.

10.3 The Company shall have no liability under the warranty set out in Condition 10.1, and such warranty shall not apply, in respect of any Goods where:

10.3.1 the Buyer has made, or permitted to be made, any physical alteration, modification or change to the structure, specification or original design of the Goods without the prior written consent of the Company; or

10.3.2 the Goods have been moved, relocated or re-sited from their original plot or site without prior written notification to, and approval by, the Company; or

10.3.3 any inspection, maintenance, repair, remedial work or other works in relation to the Goods have been carried out by any person other than the Company or a contractor or engineer authorised in writing by the Company.

10.4 The Company shall further not be liable for a breach of any of the warranties in Condition 10.1 if:

10.4.1 the Buyer makes any further use of such Goods after giving notice pursuant to Condition 10.2.1; or

10.4.2 the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

10.4.3 the defect arises as a result of the Company following any drawing, design or specification supplied by the Buyer; or

10.4.4 the Buyer alters or repairs such Goods without the prior written or oral consent of the Company (other than for the purpose of commissioning); or

10.4.5 the Goods are subject to normal wear and tear, wilful damage, negligence or abnormal storage/working conditions; or

10.4.6 the Goods are subjected to extreme or unusual weather conditions; or

10.4.7 the Goods differ from their specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or

10.4.8 the Buyer has not complied with Condition 11 below.

10.5 Subject to Conditions 10.2 to 10.4 inclusive, if any of the Goods do not conform with any of the warranties in Condition 10.1 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.

10.6 If the Company complies with Condition 10.5 it shall have no further liability for a breach of any of the warranties in Condition 10.1 in respect of such Goods.

10.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

10.8 The Buyer will allow or procure the right for the Company to enter any premises of the Buyer or of any third party where the Goods are located in order for the Company to inspect and/or repair/replace Goods under warranty.
10.9 These Conditions shall apply to any repaired or replacement Goods supplied by the Company.

"},{"heading":"11. Buyer's Obligations","description":"

11.1 The Buyer acknowledges that the Goods may be supplied by the Company for re-sale and supplied with a Consumer Guarantee for the benefit of the First Owner only.

11.2 The Buyer shall only be entitled to re-sell the Goods with the benefit of the Consumer Guarantee where (i) such resale is to the First Owner and (ii) the Company has, prior to such resale being made by the Buyer to the First Owner, received payment in full (in cash or cleared funds) of the price of such Goods and any other sums payable by the Buyer in respect of such Goods under the Contract.

11.3 If the Buyer attempts to or does re-sell the Goods to anyone other than the First Owner, or if the Company has not received full payment (as referred to in Condition 11.2(ii)) prior to any resale of the Goods being made by the Buyer to the First Owner, the Company shall have no liability under the terms of the Consumer Guarantee or under the Consumer Rights Act 2015.

11.4 The Buyer shall be responsible for providing the information regarding the Consumer Guarantee to the First Owner in clear and intelligible language which (if written) is legible, drawing the First Owner's attention to any issues which may affect the purchasing decision. The Buyer shall keep a record of all information provided.

11.5 The Buyer shall be responsible for dealing with all enquiries, complaints or claims made by the First Owner in a timely manner. The Buyer shall keep an accurate record of all enquiries, complaints or claims made by the First Owner.

11.6 Where the Goods (including any Fleet Units) are sited, installed or located on land or premises which are not owned or controlled by the Buyer, the Buyer shall, at its own cost, procure and maintain in force all consents, licences, waivers or permissions (including any landlord’s waiver) required to permit the Company, its employees, agents and contractors to enter such land or premises and access the Goods for the purposes of inspection, servicing, repair, replacement, enforcement of the Company’s rights under the Contract (including under Condition 6) and recovery of the Goods.

11.6.1 The Buyer warrants that all such consents, licences, waivers and permissions shall permit access at such times as may be reasonably agreed between the Company and the Buyer (or, where applicable, on reasonable notice).

11.6.2 The Buyer shall provide copies of such consents, licences, waivers or permissions to the Company on request.

11.7 If the Company exercises its right to recover any Goods pursuant to Condition 6 or otherwise requires the Goods to be returned or collected, the Buyer shall, at its own cost and expense:

11.7.1 make the Goods fully accessible for collection;

11.7.2 disconnect and make safe all utilities and services connected to the Goods;

11.7.3 de-site, detach and prepare the Goods for transportation in accordance with the Company’s reasonable instructions; and

11.7.4 co-operate fully with the Company to enable prompt collection of the Goods.

11.8 The Buyer must:

11.8.1 follow all procedures laid down by the Company;

11.8.2 complete a handover form with the First Owner (in such format as notified by the Company from time to time) and return all forms and checklists provided by the Company;

11.8.3 follow all reasonable instructions issued from time to time by the Company;

11.8.4 ensure that the terms of the Order Acknowledgement are complete and accurate;

11.8.5 co-operate with the Company in all matters relating to the Services;

11.8.6 provide the Company, its employees, agents, consultants and subcontractors, with access to the Buyer’s premises, office accommodation and other facilities as reasonably required by the Company to provide the Services;

11.8.7 provide the Company with such information and materials as the Company may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

11.8.8 prepare the Buyer’s premises for the supply of the Services;

11.8.9 obtain and at all times maintain all necessary licences, permissions and consents that may be required for the Services before the date on which the Services are to start;

11.8.10 comply with all applicable laws, including health and safety laws;

11.8.11 keep all materials, equipment and tools, documents, data and other property of the Company, its employees, agents, consultants and subcontractors (Company Materials) at the Buyer’s premises in safe custody at its own risk, maintain the Company Materials in good condition until returned to the Company, and not dispose of or use the Company Materials other than in accordance with the Company’s written instructions or authorisation;

11.8.12 comply with any additional obligations as set out in the Order Acknowledgment;

11.8.13 comply with all standards and guidelines laid down by the National Caravan Council, the British Holiday & Home Park Association and in particular with all industry codes of practice including the Consumer Rights Act 2015, Consumer Protection from Unfair Trading Regulations 2008, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and

11.8.14 ensure that all acts done by them in relation to the Goods and/or Services are carried out by fully qualified personnel who have been properly trained in accordance with all health and safety guidelines in order to provide quality Goods and/or Services at a safe standard.

11.9 If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission of the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):

11.9.1 without limiting or affecting any other right or remedy available to it, the Company may suspend performance of the Services until the Buyer remedies the Buyer Default, and rely on the Buyer Default to relieve it from the performance of any of its obligations in each case to the extent the Buyer Default prevents or delays the Buyer’s performance of any of its obligations;

11.9.2 the Company shall not be liable for any costs or Losses sustained or incurred by the Buyer arising directly or indirectly from the Buyer’s failure or delay to perform any of its obligations as set out in clause 11; and

11.9.3 the Buyer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Buyer Default.

11.10 The Buyer undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the Company (“Confidential Information”), except:

11.10.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising its rights or carrying out its obligations under or in connection with the Contract and shall ensure that its employees, officers, representatives, contractors, subcontractors and advisers to whom it discloses the Confidential Information comply with the requirements of this clause 11.8; and

11.10.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.11 The Company reserves all rights in its Confidential Information. No rights or obligations in respect of its Confidential Information other than those expressly stated in the Contract are granted to the Buyer or to be implied from the Contract. In particular, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by the Company now or in the future unless otherwise set out in these Conditions.

"},{"heading":"12. Termination and suspension","description":"

12.1 Without limiting the Company’s other rights and remedies, if the Buyer becomes subject to any of the events listed in Condition 12.2, the Company may terminate the Contract with immediate effect by giving written notice to the Buyer.

12.2 For the purposes of Condition 12.1, the relevant events are:

12.2.1 the Buyer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment;

12.2.2 the Buyer commits a material breach of any other term of the Contract which breach is irremediable or (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so;

12.2.3 the Buyer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (“IA 1986”) as if the words \"it is proved to the satisfaction of the court\" did not appear in sections 123(1)(e) or 123(2) of the IA 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

12.2.4 the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Buyer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;

12.2.5 the Buyer applies to court for, or obtains, a moratorium under Part A1 of the IA 1986;

12.2.6 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Buyer, other than for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;

12.2.7 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Buyer;

12.2.8 (being a company) the holder of a qualifying floating charge over the Buyer's assets has become entitled to appoint or has appointed an administrative receiver;

12.2.9 a person becomes entitled to appoint a receiver over the Buyer's assets or a receiver is appointed over the Buyer's assets;

12.2.10 (being an individual) the Buyer is the subject of a bankruptcy petition or order;

12.2.11 a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

12.2.12 any event occurs, or proceeding is taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Condition 12.2.3 to 12.2.11 (inclusive);

12.2.13 the Buyer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;

12.2.14 the Buyer's financial position deteriorates to such an extent that in the Company's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and

12.2.15 (being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

12.3 Without limiting its other rights or remedies, the Company may:

12.3.1 suspend provision of the Goods and/or Services under the Contract or any other contract between the Buyer and the Company; and/or

12.3.2 suspend performance of any of the Company’s other obligations under the Contract, including but not limited to any of the Company’s obligations under Condition 10.5, in each case if the Buyer becomes subject to any of the events listed in Condition 12.2.2 to Condition 12.2.15, or the Company reasonably believes that the Buyer is about to become subject to any of them, or if the Buyer fails to pay any amount due under this Contract or any other contract with the Company on the due date for payment.

12.4 Without prejudice to any other right or remedy, the Company shall be entitled to suspend the performance of any warranty obligations or remedial works in respect of the Goods (including under Condition 10) for so long as:

12.4.1 any sum payable by the Buyer to the Company under the Contract or any other contract between the parties remains outstanding beyond its due date; and/or

12.4.2 the Goods are the subject of any actual or threatened claim, dispute, proceedings or investigation involving the Buyer and any third party (including any park owner, site operator or end customer) where, in the reasonable opinion of the Company, such claim or dispute may affect access to the Goods, the scope of remedial works, or the Company’s legal or commercial risk.

12.4.3 Any period during which warranty performance is suspended pursuant to this Condition 12 shall not be treated as a waiver of the warranty, and the warranty period shall be extended by the duration of the suspension.

12.5 On termination of the Contract for any reason the Buyer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Company shall submit an invoice (which shall be payable by the Buyer immediately on receipt).

12.6 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.

12.7 Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect.

"},{"heading":"13. Limitation of liability","description":"

13.1 Nothing in these Conditions shall limit or exclude the Company's liability for:

13.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

13.1.2 fraud or fraudulent misrepresentation;

13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section2 of the Supply of Goods and Services Act 1982;

13.1.4 defective products under the Consumer Protection Act 1987; or

13.1.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
13.2 Subject to Condition 13.1:

13.2.1 the Company shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any (a) loss of profit; (b) loss of sales or business; (c) loss of anticipated savings; (d) loss of or damage to goodwill; (e) any indirect or consequential loss; or (f) loss of use or corruption of software, data or information, in each case arising under or in connection with the Contract; and

13.2.2 the Company's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods which are the subject of a valid claim.

"},{"heading":"14. Intellectual property rights","description":"

14.1 All Intellectual Property Rights in or arising out of or in connection with the Goods and Services (other than Intellectual Property Rights in any materials provided by the Buyer or which belong to a third party) shall be owned by the Company.

14.2 The Company grants to the Buyer, or shall procure the direct grant to the Buyer of, a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy the Deliverables (excluding materials provided by the Buyer or any third party) for the purpose of receiving and using the Services and the Deliverables in its business.

14.3 The Buyer shall not sub-license, assign or otherwise transfer the rights granted by clause 14.2.

14.4 The Buyer grants the Company a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy and modify any materials provided by the Buyer to the Company for the purpose of providing the Services to the Buyer.

"},{"heading":"15. Assignment","description":"

15.1 The Company shall be entitled to assign, subcontract and deal in any other manner with all or any of its rights or obligations under the Contract or any part of it to or with any person, firm or company.

15.2 The Buyer shall not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights or obligations under the Contract or any part of it without the prior written consent of the Company.

"},{"heading":"16. Force majeure","description":"

16.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods or amount of Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, extreme or adverse weather conditions, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 120 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

16.2 The Company shall not be in breach of the Contract, nor liable for delay in performing or failure to perform any of its obligations under the Contract, if such delay or failure results from any event of the nature referred to in Condition 16.1 above.

"},{"heading":"17. General","description":"

17.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

17.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

17.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

17.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

17.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

17.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.

"},{"heading":"18. Notices and communications","description":"

18.1 All notices and communications between the parties about the Contract shall be in writing in English and delivered by hand or sent by pre-paid first class post or sent by fax or email:

18.1.1 (in case of notices and communications to the Company by hand or post) to its registered office or such changed address as shall be notified to the Buyer by the Company in accordance with this Condition; or

18.1.2 (in the case of notices and communications to the Buyer by hand or post) to the registered office of the Buyer (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer in accordance with this Condition; or

18.1.3 (in the case of communications by fax or by email to either party), to the relevant addressee’s fax or email address as stated in the relevant quotation or as otherwise shall be notified by the relevant addressee to the other party in accordance with this Condition.

18.2 Communications shall be deemed to have been received:

18.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

18.2.2 if delivered by hand, on the day of delivery; or

18.2.3 if sent by fax or email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

18.3 Communications addressed to the Company shall be marked for the attention of the head of customer services.

"},{"heading":"19. Solar PV System","description":"

This clause 19 applies in addition to clauses 1 to 18 of these Conditions where a Solar PV System is supplied to the Buyer by the Company. In the event of any conflict between the terms of this clause 19 and clauses 1 to 18 inclusive in connection with the Solar PV System, the terms of this clause 19 take priority.

19.1 If the Company has agreed to supply the Buyer with a Solar PV System, this will be set out in the Order Acknowledgement. If the Company has agreed to supply any Services in connection with the Solar PV System, this will be set out in the Order Acknowledgement.

19.2 Any hardware and software forming part of the Solar PV System is sourced from a separate manufacturer and is not manufactured by the Company. Accordingly, the Company is not liable for the performance of the Solar PV System, nor other than under Condition 10.1 does it provide any warranty. However, the Company will use its reasonable endeavors to pass on (insofar as it is able) any Solar PV System manufacturer’s warranty to the Buyer.

19.3 If the Buyer uses its own contractor for the fitting, connecting and commissioning of the Solar PV System at the Buyer’s premises (including fitting and connecting the battery in the case of the Solar PV Systems incorporating batteries), then the Company accepts no responsibility for the adequacy of those services or the performance of the Solar PV System itself. The Buyer is responsible for all work its contractor performs. The Company recommends if the Buyer uses its own contractor for these services, then the Buyer ensures they are MCS accredited.

19.4 Due to variables such as weather conditions, orientation, topography and latitude of the location of the Solar PV System and its maintenance, the Company cannot give any electrical generation performance guarantees for the Solar PV System. Any generation figures provided by the Company in any way are for illustration purposes only.

19.5 The Buyer must:
19.5.1 submit all necessary applications and notifications and obtain all authorisations, permits, certificates and consents for connection of the Solar PV System to the public electricity network and the operation of the Solar PV System on the Buyer’s premises. This includes but is not limited to obtaining appropriate planning consents and all necessary Distribution Network Operator (DNO) approvals;
19.5.2 pay all fees for obtaining all authorisations, permits, certificates and consents for connection of the Solar PV System to the public electricity network and the operation of the Solar PV System on the Buyer’s premises;
19.5.3 ensure the appropriateness and safety of all electrical installations and cabling which connects the Solar PV System to the public electricity network or the Buyer’s private electricity network;
19.5.4 ensure compliance with all local regulations and all electricity export limits in connection with the Solar PV System;
19.5.5 ensure it complies with any conditions with the manufacturer’s warranty and in the event of making a claim under a manufacturers warranty complies with the warranty claim process in full;
19.5.6 ensure the Solar PV System is:
a) connected and commissioned in accordance with the manufacturer’s and Company’s operating manuals and instructions;
b) not energised until the correct notification, written consent or approval has been submitted and obtained as required from the DNO;
c) used, kept and maintained in accordance with the manufacturer’s and Company’s instructions;
d) repaired and serviced as per any manuals and instructions provided by the manufacturer and /or the Company and any servicing or maintenance is provided by an agent authorised by the manufacturer or Company;
e) not connected to any inverters or chargers which have not been supplied with the original Solar PV System or which have not been authorised by the original manufacturer of the Solar PV System or the Company; and
f) not removed from the leisure home or in any way detached from the fixings used to attach it to the leisure home.

19.6 The Company is not responsible in any way for any Losses suffered by the Buyer as a result of the Buyer failing to comply with any of its obligations in this clause 19 or elsewhere in these Conditions.

19.7 The Buyer shall fully indemnify the Company against all Losses the Company may suffer as a result of the Buyer failing to comply with any of its obligations under these Conditions.

"}],"sidebar_blocks":{"data":[]},"warranty_options":{"data":[]},"general_warranty_details":{"data":[]}}