Purchase Agreement T&C's - DMS-23745560 - Tingdene Racecourse Marina & Lodges

LODGE PURCHASE AGREEMENT TERMS & CONDITIONS

LODGE PURCHASE TERMS

Please read the following important terms and conditions before you purchase a lodge from us.

1 INFORMATION ABOUT US AND HOW TO CONTACT US

2 THESE TERMS

2.1 Definitions. To make these terms easier to read, we use the following definitions throughout.

2.1.1 Deposit means an amount equal to 10% of the Lodge Purchase Price.

2.1.2 Design Brief means the detailed specification and floor plan for your Lodge, which are based on our discussions at our initial meeting (and incorporate these terms).

2.1.3 Goods means any other goods we supply to you that form part of your Lodge (e.g. white goods).

2.1.4 Lodge means the lodge you order (as set out in the Design Brief) and any Goods that we supply to you under these terms.

2.1.5 Lodge Purchase Price means the price of the Lodge, as set out in the Design Brief (which includes the cost of the Services).

2.1.6 Marina means our Windsor Racecourse Marina park.

2.1.7 Services means the services we will provide in relation to: a) the assembly of your Lodge following its delivery to the Site; and b) the installation of your Lodge and Goods and attaining the relevant regulatory certificates (as set out in the Design Brief). Such services include connecting your Lodge to service pipes, installing any Goods you have ordered and finishing off any works to the plot and surroundings.

2.1.8 Site means the agreed plot where your Lodge will be assembled at the Marina.

2.1.9 Tingdene or our, us, we refers to Tingdene Parks Limited.

2.2 What these terms cover. These are the terms on which we will supply your Lodge and the Services.

2.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide your Lodge to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

3 ORDERING YOUR LODGE AND CONTRACT FORMATION

3.1 Initial Meeting and Design Brief. We ask that you come to the Marina to sit down with one of our representatives to go through your specifications for the Lodge, from the colour of the guttering to the choice of curtain and furniture fabrics. Once you have finished designing your Lodge, we will prepare a Design Brief with costings, which will then be posted to you.

3.2 If you are happy with that Design Brief and want to progress with the order, then we will arrange an appointment to meet with you again at the Marina so you can sign the Design Brief and pay the Deposit.

3.3 How we will accept your order. Our acceptance of your order will take place when we tell you in writing, following your signing of the Design Brief, that we are able to provide you with your Lodge. At this point, this contract between you and us will come into existence and we will allocate your Lodge to production and obtain a completion date for you to take up occupation.

3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for your Lodge. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the Lodge Purchase Price or description of your Lodge, or because we are unable to meet a completion deadline you have specified.

4 OUR LODGES

4.1 Lodges may vary slightly from their pictures. The images of the lodges on our website, in our brochures or in the Design Brief are for illustrative purposes only. Although we have made every effort to ensure the accuracy of any published images and/or the Design Brief, we cannot guarantee that they accurately reflect the layout, colour or any other characteristic of our lodges or your Lodge. Your Lodge may vary slightly from those images and we always recommend you to fully review the Design Brief provided to ensure it meets your expectations requirements before confirming your order.

4.2 Making sure the Design Brief is accurate. Where we are making your Lodge to your chosen specifications (as set out in the Design Brief) you are responsible for ensuring that those specifications are correct and accurately reflected in the Design Brief.

5 YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your Lodge that you have ordered (and/or any of the Goods) please contact us as soon as possible and we will let you know if the change is possible. If it is possible we will let you know about any changes to the Lodge Purchase Price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change is not possible we will also let you know and your contract with us for your Lodge will remain unchanged.

6 OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to your Lodge and/or these terms. We may make changes to your Lodge and/or these terms:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of your Lodge.

6.2 Significant changes to your Lodge and/or these terms. In addition, we may make certain changes to these terms and/ or your Lodge, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for amounts you have paid for your Lodge (if it is the case that you are yet to receive your Lodge).

7 PROVIDING YOUR LODGE AND THE SERVICES

7.1 Delivery costs. The costs of delivery and siting of the Lodge will be included in the Lodge Purchase Price.

7.2 When will we deliver the Lodge and provide the Services? During the order process we will give you an estimated start date for the commencement of the build of your Lodge and an estimated completion date once you have placed your order. During the build process we will contact you to agree a date for when your Lodge can be delivered as well as providing a completion date for the Services.

7.3 We are not responsible for delays outside our control. If our supply of your Lodge or the Services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for what you have paid in respect of your Lodge and/or the Services but not received.

7.4 When you become responsible for your Lodge. Your Lodge will be your responsibility once we have completed the Services and we have handed over the Lodge to you.

7.5 When you own your Lodge. You own your Lodge once we have received payment of the Lodge Purchase Price in full, cleared funds.

7.6 What will happen if you do not give required information to us. We may need certain information from you so that we can build and deliver your Lodge and provide the Services to you. If so, this will have been stated in the Design Brief. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying your Lodge, and/or the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.7 Inspection and acceptance. Following the provision of the Services, we ask that you carry out an initial inspection of your Lodge and notify us of any defects as soon as possible.

7.8 Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:

7.8.1 deal with technical problems or make minor technical changes;

7.8.2 update the Services we provide to reflect changes in relevant laws and regulatory requirements; or

7.8.3 make changes to the Services as requested by you or notified by us to you (see clauses 5 or 6).

7.9 Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract, solely as it relates to the Services, if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance in respect of the Services in respect of the period after you end the contract.

7.10 We may also suspend supply of your Lodge, and/or the Services if you do not pay. If you do not pay us for your Lodge and the Services when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of your Lodge and/or the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of your Lodge, and/or the Services. We will not suspend the supply of your Lodge and/or the Services where you dispute the unpaid invoice (see clause 12.7). We will not charge you for your Lodge and/or the Services during the period for which they are suspended. As well as suspending supply of your Lodge, and/ or the Services, we can also charge you interest on your overdue payments (see clause 12.6).

8 YOUR RIGHTS TO END THE CONTRACT

8.1 Ending the contract because of something we have done or are going to do. If you are ending this contract for a reason set out at 8.1.1 to 8.1.6 below, the contract will end immediately and we will refund you in full for your Lodge and the Services (including the Deposit) which have not been provided and you may also be entitled to compensation. The reasons are:

8.1.1 we have told you about an upcoming change to your Lodge and/ or the Services or these terms, which you do not agree to (see clause 6.2);

8.1.2 we have told you about an increase in the Lodge Purchase Price or material error in the description of your Lodge and/or the Services you have ordered, and you do not wish to proceed;

8.1.3 there is a risk that supply of your Lodge and/or the Services may be significantly delayed because of events outside our control;

8.1.4 we have suspended supply of your Lodge and/or the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months;

8.1.5 we transfer our rights and obligations under these terms to another organisation in accordance with clause 15.1 and you do not agree to this; or

8.1.6 you have a legal right to end the contract because of something we have done wrong.

9 HOW TO END THE CONTRACT WITH US BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO

9.1 Tell us you want to end the contract. We hope that we can always resolve any issues you may have. But if you wish to end the contract for the purchase of your Lodge because of one of the reasons listed at clause 8.1 please let us know by either visiting the Marina, phoning or emailing us or by writing to us by post using the details set out at the beginning of these terms. You will need to provide us with details of the Lodge you have ordered, when you ordered it or took delivery of it, your name, address and, where available, your phone number and email address.

9.2 Returning your Lodge after ending the contract. If you end the contract after your Lodge has been assembled on Site, you can arrange for us to collect it from you. Please call or email us using the details set out at the beginning of these terms to arrange collection.

9.3 Who pays the costs of return. We will pay the costs of collecting the Lodge:

9.3.1 if your Lodge and/or the Services are faulty or misdescribed; or

9.3.2 if you are ending the contract for any of the reasons listed at clause 8.1.

9.4 How we will refund you. We will refund you the Lodge Purchase Price, including the Deposit, by the same method you used for payment.

9.5 When your refund will be made. We will make any refunds due to you as soon as possible.

10 OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for the purchase of your Lodge, and/or the Services at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide your Lodge and/or the Services for example, the information required for us to complete the Design Brief; or

10.1.3 you do not, within a reasonable time, allow us access the Lodge to provide the installation related Services.

10.2 You must compensate us if you break the contract. If we end the contract on occurrence of any of the situations set out in clause 10.1 we will refund any money you have paid in advance for your Lodge and the Services we have not provided but we may deduct a percentage of the Lodge Purchase Price (and any additional losses we may have incurred) depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

11 IF THERE IS A PROBLEM WITH YOUR LODGE AND/OR THE SERVICES

11.1 Warranty. We have ensured that the design and manufacture of your Lodge is of a high quality. That’s why we offer a Platinum Seal 10 Year Warranty Scheme. For full warranty details, please refer to the Lodge Purchaser’s Warranty Agreement annexed to these terms.

11.2 Manufacturer’s guarantee. The Platinum Seal 10 Year Warranty Scheme referred to above will not apply to the Goods within the Lodge (such as refrigerators, freezers, stoves, dishwashers etc.) Instead, you will be able to rely on the applicable manufacturer warranty provided with the Good.

11.3 How to tell us about warranty issues. If your Lodge needs a warranty service, please contact us at developments@tingdene. net or call 01933 770717 during regular business hours to make arrangements for warranty work or inspection. We may hire a trusted third party to perform the required warranty work.

11.4 How to tell us about problems. If you have any questions or complaints about your Lodge and/or the Services we provide, please visit our website and follow our complaints policy procedure http://www.tingdenecomplaints.co.uk/ or simply contact our customer service team on the details at the beginning of these terms.

11.5 Summary of your legal rights. We are under a legal duty to supply your Lodge and the Services that are in conformity with this contract. You are also entitled to certain key legal rights in respect of your Lodge and the Services. For detailed information of these rights please visit the Citizens Advice website www. adviceguide.org.uk or call 03454040506. Nothing in these terms will affect your legal rights.

12 PROMOTIONAL DISCOUNTS AND OFFERS

12.1 From time to time we may offer promotional discounts and offers on our Lodges. All promotions are subject to separate terms and conditions. Please go to our website https://www. tingdene-parks.net to see our current promotions and the terms which apply.

13 PRICE AND PAYMENT

13.1 Where to find the price for your Lodge and the Services. The Lodge Purchase Price will be confirmed to you in your order summary following the provision of the final Design Brief (subject to any changes in accordance with clauses 5 and 6 above). We take all reasonable care to ensure that the Lodge Purchase Price advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the Lodge Purchase Price.

13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply your Lodge and the Services, we will adjust the rate of VAT that you pay, unless you have already paid for your Lodge and the Services in full before the change in the rate of VAT takes effect.

13.3 What happens if we got the Lodge Purchase Price wrong. It is always possible that, despite our best efforts, your Lodge and/or the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where your Lodge and/or the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If your Lodge and/or the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

13.4 When you must pay. You must pay the Lodge Purchase Price in the following instalments:

13.4.1 The Deposit shall be paid immediately once you have signed the Design Brief; and

13.4.2 The remainder of the Lodge Purchase Price shall be paid once we have completed the Services (but before handing over the keys to you).

13.5 How you must pay. We accept payment by direct bank transfer only. Our account details shall be made available to you before payment is owed.

13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date (as set out in any invoice or as otherwise advised) we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England 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.

13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

14.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

14.2.2 fraud or fraudulent misrepresentation;

14.2.3 breach of your legal rights in relation to your Lodge and/or the Services. Your legal rights are that your Lodge and/or the Services will be:

a) as described and match information we provided to you and any sample or model seen or examined by you;

b) of satisfactory quality;

c) fit for any particular purpose made known to us;

d) supplied with reasonable skill and care and, where installed by us, correctly installed; and

e) defective goods or services under the Consumer Protection Act 1987.

14.3 When we are liable for damage to your property. When we provide the Services, we will make good any damage we cause to your property (including the Lodge). However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

14.4 We are not liable for business losses. We are only supplying your Lodge for domestic and private use. If you use your Lodge for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15 HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our privacy notice, a copy of which can be found at: https://www.tingdene-parks.net/privacy-policy

16 OTHER IMPORTANT TERMS

16.1 We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments, you have made in advance for your Lodge and any Services not provided.

16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses 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.

16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of your Lodge and/ or the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of your Lodge and/ or the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your Lodge and/or the Services in either the Northern Irish or the English courts.

16.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit a dispute for online resolution to the European Commission Online Dispute Resolution platform.