1.Definitions and interpretation
1.1 In these Conditions the following definitions apply::
Applicable Law means all applicable laws, legislation, statutory instruments, regulations
and governmental guidance having binding force
Business Day means a day other than a Saturday, Sunday or public holiday in England
Contract means the agreement between the Customer and we/us/our incorporating these
Conditions and the Order Confirmation
Conditions means our terms and conditions as set out in this document
Customer the named party in the Order Confirmation who has agreed to purchase the
Goods
Force Majeure means an event or sequence of events beyond a party’s reasonable control
preventing or delaying it from performing its obligations under the Contract but excluding the
Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay
Goods means any goods forming the subject of this contract as set out in the Order
Confirmation
Location means the address or addresses for delivery of the Goods set out in the Order
Confirmation
Order Confirmation means the confirmation sent by us to the Customer confirming the
Order for the Goods
Price has the meaning set out at Condition 3.1
We/us/our means Norfolk Leisure Lifestyle Limited T/A ernies outdoor living.
1.2 In these Conditions unless the context otherwise requires:
1.2.1 a reference to the Contract includes these Conditions and the Order Confirmation;
1.2.2 any headings in these Conditions s included for convenience only and shall have no
effect on the interpretation of the Conditions;
1.2.3 words in the singular include the plural and vice versa;
2. Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between the Customer and
ourselves. They supersede any previously issued terms and conditions of purchase or
supply.
2.2 No other terms or conditions or other document shall form part of the Contract except to
the extent that we otherwise agree with the Customer in writing.
2.3 No variation of these Conditions or to an Order Confirmation shall be binding unless
expressly agreed in writing by the Customer and us.
3. Price
3.1 The price for the Goods shall be as set out in the Order Confirmation and/or invoice.
4 Payment
4.1 The Customer shall pay for the Goods in full prior to dispatch.
4.2 Time of payment is of the essence. Where any sums due under these Conditions are not
paid in full by the due date:
4.2.1 we may, without limiting our rights, charge interest on such sums at 4% a year above
the base rate of HSBC Bank plc from time to time in force (and interest shall accrue on a
daily basis, and apply from the due date for payment until actual payment in full, whether
before or after judgment;
4.2.2 the Customer shall on demand indemnify (and keep indemnified) us from and against
all losses, damages, liability, costs (including legal fees) and expenses incurred by us as a
result of or in connection with the Customer’s failure to comply with its obligations to pay any
monies to us on the due date for payment.
5. Delivery and performance
5.1 The Goods shall be delivered by us, or our nominated carrier, to the Location on the
date(s) specified in the Confirmation Order provided payment has been received in full in
accordance with Condition 4. Delivery will be kerbside only unless we have agreed
otherwise in writing.
5.2 The Goods shall be deemed to be delivered on completion of unloading of the Goods at
the Location.
5.3 We may at our discretion deliver the Goods by instalments in any sequence. Any delay
or defect in an instalment shall not entitle the Customer to cancel any other instalment. The
Customer shall not be entitled to reject a delivery of the Goods.
5.4 Time is not of the essence in relation to the delivery of the Goods. We shall use its
reasonable endeavours to meet any dates for delivery given to the Customer, but any such
dates are indicative only.
5.5 We shall not be liable for any delay in or failure of performance caused by:
5.5.1 the Customer’s failure to make the Location available;
5.5.2 the Customer’s failure to prepare the Location in accordance with any instructions
given by us;
5.5.3 the Customer’s failure to provide us with adequate instructions for delivery;
5.5.4 Force Majeure.
5.6 If the Customer fails to accept delivery of the Goods we shall store and insure the Goods
pending delivery and the Customer shall pay all costs and expenses incurred by the Supplier
in doing so.
5.7 If 20 Business Days following the due date for delivery of the Goods the Customer has
not taken delivery of or collected them, we may resell or otherwise dispose of the Goods
without any obligation or liability to the Customer. We shall be entitled to invoice the
Customer (and the Customer shall pay) any shortfall between the Price paid by the
Customer for the Goods and any monies received by us on such resale or disposal.
6 Risk
Risk in the Goods shall pass to the Customer on delivery.
7 Title
7.1 Title to the Goods will only pass to the Customer once we have received payment in full
for the Goods.
8. Manufacturers Warranty
8.1 Any claim for a manufacturing defect in the Goods is to be made under the
Manufacturers Warranty. Any other claim for Goods which are alleged to be damaged,
defective or not of satisfactory quality following delivery , is to be made pursuant to (and is
subject to the provisions of) Condition 9.
8.2 The relevant Manufacturers Warranty which applies to the Goods can be found on our
website at [insert link] under Product Support. The extent and duration of that warranty will
vary according to the type of Goods. By placing the order for the Goods the Customer
confirms that they have read and understand the limits and conditions that apply to the
relevant Manufacturers Warranty.
8.3 All other warranties, conditions or terms relating to the fitness for purpose, quality or
condition of the Goods, whether express or implied by statute or common law or otherwise
are excluded to the fullest extent permitted by law.
8.4 To be able to claim under a Manufacturers Warranty the Customer may be required to
first register that warranty and to do so within the specified time period – the Customer must
check the relevant warranty to confirm the position. We will not be liable in the event of any
failure to so register.
8.5 The Manufacturers Warranty will not apply to any Goods which are sold by the Customer
to any third party outside the United Kingdom or where the Goods are no longer in the
United Kingdom.
9. Claims
9.1 As the Customer’s sole and exclusive remedy that any Goods delivered are damaged,
defective or not of satisfactory quality, we shall, at our option, repair, replace or (in the event
that we deem repair or replacement not appropriate) refund the Price paid for the Goods
provided that the Customer:
9.1.1 serves a written notice on us not later than ten Business Days from delivery in the case
of defects discoverable by a physical inspection, or within a reasonable period of time from
delivery or performance in the case of latent defects;
9.1.2 such notice specifies that some or all of the Goods are damaged, defective or
otherwise not of satisfactory quality and identifies in sufficient detail the nature and extent of
the damage, the defects or why the goods are not of satisfactory quality;
9.1.3 gives us a reasonable opportunity to examine the Goods;
9.1.4 if required by us promptly return to us (at the Customer’s own expense) the Goods and
to do so properly and securely packaged.
9.2 We shall not be liable for any damage or defects:
9.2.1 which arise by reason of wear and tear, wilful damage, negligence or could be
expected to arise in the normal course of use of the Goods;
9.2.2 to the extent caused by the Customer’s failure to comply with our instructions in
relation to the Goods, including any instructions on installation, storage or maintenance;
9.2.3 to the extent caused by us following any specification, instruction or requirement of or
given by the Customer in relation to the Goods;
9.2.4 where the Customer modifies any Goods without our prior consent or, having received
such consent, not in accordance with our instructions; or
9.2.5 where the Customer uses any of the Goods after notifying us of any damage or
defects.
10. Cancelling your Contract
Right to cancel
10.1 The Customer has the right to cancel this contract within 14 days without giving any
reason.
The cancellation period will expire after 14 days from the day on which the Customer
acquires, physical possession of the Goods.
10.2 To exercise the right to cancel the Customer must inform us of their decision to
cancel this contract by a clear statement (eg a letter sent by post or email) using the contact
details at the top of this page. The Customer may use the cancellation form available here
[insert link to cancellation form], but it is not obligatory. If the Customer uses this option, we
will communicate to you an acknowledgement of receipt of such cancellation by e mail.
10.3 To meet the cancellation deadline, it is sufficient for the Customer to send their
communication concerning their exercise of the right to cancel before the cancellation period
has expired.
Effects of cancellation
10.4 If the Customer cancels this contract, we will reimburse to the Customer all payments
received from them, including the costs of delivery (except for the supplementary costs
arising if the Customer chose a type of delivery other than the least expensive type of
standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if
the loss is the result of unnecessary handling by the Customer.
We will make the reimbursement without undue delay, and not later than:
10.4.1 14 days after the day we received back from the Customer any goods supplied; or
10.4.2 if earlier the day the Customer provides evidence that they have returned the goods;
or
10.4.3 if there were no goods supplied, 14 days after the day on which we are informed
about the Customer’s decision to cancel this contract.
10.5 We will make the reimbursement using the same means of payment as the Customer
used for the initial transaction, unless the Customer has expressly agreed otherwise; in any
event, the Customer will not incur any fees as a result of the reimbursement.
10.6 We may withhold reimbursement until we have received the goods back or the
Customer has supplied evidence of having sent back the goods, whichever is the earliest.
10.7 If the Customer has received the goods:
10.7.1 The Customer shall send back the goods without undue delay and in any event not
later than 14 days from the day on which the Customer communicates their cancellation
from this contract to us. The deadline is met if the Customer sends back the goods before
the period of 14 days has expired.
10.7.2 Tthe Customer will be responsible for the direct cost of returning the goods unless we
(in our absolute discretion) elect to pay those costs. If we do so elect the Customer will be
notified in writing. The cost is estimated at a maximum of approximately £[insert amount]].
10.7.3 The Customer is only liable for any diminished value of the goods resulting from the
handling, other than what is necessary to establish the nature, characteristics and
functioning, of the goods.
11. Limitation of liability
11.1 Subject to condition 11.3 our total liability shall not exceed the invoiced value of the
Goods.
11.2 We shall have no liability to the Customer for any indirect or consequential or special
loss , loss of profit, loss of revenue, loss of use, loss of contract, loss of commercial
opportunity, loss of savings, discount or rebate, harm to reputation or loss of goodwill and/or
wasted expenditure.
11.3 Neither party’s liability shall be limited in any way in respect of the following:
11.3.1 death or personal injury caused by negligence;
11.3.2 fraud or fraudulent misrepresentation; and
11.3.3 any other losses which cannot be excluded by Applicable Law.
12. Prohibition on Commercial Sale
The Goods are not to for commercial re-sale.
13. Force Majeure
We shall not have any liability for any failure or delay in performing any of our obligations
under the Contract to the extent the same results from Force Majeure.
14. Governing Law
The Contract and any dispute or claim arising out of, or in connection with it, its subject
matter or formation shall be governed by and construed in accordance with the laws of
England and Wales.
15. Jurisdiction
We and the Customer and you irrevocably agree that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with,
the Contract, its subject matter or formation.
16. Notices
16.1 Any notice or other communication under these Conditions shall be in writing, be sent
to the relevant party at the address set out in the Order Confirmation and may be given and
are deemed received:
16.1.1 by hand: at the time of delivery;;
16.1.2 by post: 9:00 am on the second Business Day after posting; and
16.1.3 by e mail: on receipt of a delivery e mail from the correct e mail address.
16.2 Any change to the contact details of a party shall be notified to the other party in
accordance with clause 16.1 and shall be effective:
16.2.1 on the date specified in the notice as being the date of such change; or
16.2.2 if no date is specified 5 Business Days after the notice is deemed to be received.
17.Third party rights
A person who is not a party to the Contract shall not have any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any of the provisions of this Contract.