WARRANTY TERMS & CONDITIONS
COACHBUILT GB LIMITED TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Deposit: the deposit amount set out in the Order;
Event Outside Our Control: any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
Final Payment: the balance of the Price less the Deposit and Interim Payment as set out in the Order;
Interim Payment: the interim payment amount set out in the Order and payable at the time set out in the Order;
Modified Vehicle: a personalised vehicle which We make bespoke to the Specifications by adapting the Vehicle;
Modification Works: the modification of the Vehicle to meet your bespoke Specifications;
Order:your Order, as appended hereto, for the Modified Vehicle which We create for you as a result of the Services;
Price: the total price payable by you for the Modified Vehicle and the Services, as set out in the Order, comprising the Deposit, Interim Payment and Final Payment;
ServicesThe Modification Works and/or the acquisition of the Vehicle
Specifications: the bespoke specifications agreed with you and set out in the Order
Terms:the terms and conditions set out in this document;
Vehicle: the pre-modified base vehicle panel van, caravan or that We shall acquire [subject to the Order}
We/Our/Us:Coachbuilt GB Limited, Lindens Mill Hill, Baginton, Coventry, Warwickshire CV8 3AH.
Personal Details: Is information required in order to successfully agree the Specification, as per our Client Dimension Report.
Necessary Adaptations: Adaptation to the Original Vehicle to make the vehicle wheelchair accessible.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We shall fulfil the Order by supplying the Services and /or the Modified Vehicle
2.2 Before you sign and submit the Order, please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate. If you think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign the Order, this does not mean that We have accepted the Order for the Services and the Modified Vehicle. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services and/or the Modified Vehicle, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us once you have paid the Deposit to Us in cleared funds and We have signed the Order and issued you with a copy of the Order signed by both parties. At this point a contract will come into existence between you and Us.
2.5 We shall assign a reference number to the Order and inform you of it when We confirm the Order. Please quote the reference number in all subsequent correspondence with Us relating to the Order.
2.6 Our website, catalogue and brochure are solely for the promotion of the vehicles We offer for sale in the UK under these Terms.
2.7 By signing the Order you are deemed to give us permission to use photographs of your vehicle in our promotion and advertising, before and after its supplied.
2.8 The images on Our website and in Our catalogue and Our Specification, brochure or any of Our other advertising materials are for illustrative purposes only.
2.9 Although We have made every effort to be as accurate as possible, all sizes, dimensions and measurements indicated on Our website and in Our catalogue, brochure or any of Our other advertising materials are for illustrative purposes only.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.We provide these revisions in writing and these terms will take immediate effect unless declined in writing by You by return.
3.2 You cannot change the specification after we have given You a delivery date, without our consent. We shall not unreasonably withhold our agreement to any changes that You suggest. Where the changes to the Specifications mean a change in the Price, We will notify you of the amended price in writing. We may have to also amend the delivery date.
3.3 In the event that We cannot obtain an Original Vehicle specified. We reserve the right to offer a suitable alternative vehicle that could meet the specification as a replacement.
3.4 In the event that the Specifications of the Original Vehicle are altered by the manufacturer, any minor change in the specification to the original specification will not render the contract void.
4. MODIFIED VEHICLE
4.1 We modify the Vehicle according the Specifications.
4.2 Please make sure the Personal Details and Circumstances are correct and accurate. (i.e dimensions of wheelchair), We will request you complete and return our Client Dimension Report as requested. Unfortunately, We cannot accept the return of the Modified Vehicle if the reason for the return is because you provided Us with incorrect Personal Details and Circumstances resulting in incorrect specification. This may also result in additional costs and delay to contract completion. However, this will not affect your legal rights as a consumer if the Modified Vehicle is faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
5. DELIVERY OF THE MODIFIED VEHICLE
5.1 Please note that timescales for delivery will depend on how long it takes for the Vehicle to be delivered to Us and the extent of the Modification Works.
5.2 We cannot undertake the Modification Works until delivery of the Vehicle to Us from the manufacturer, We will contact you to provide an estimated delivery date for the completed Modified Vehicle within 28 days of taking delivery of the Vehicle from the Manufacturer. The estimated delivery date will be within 6 months after we take delivery of the Vehicle from its manufacturer provided you comply with all our requirements within this Agreement. Wherever possible we will complete the vehicle before the estimated completed date. We cannot accept any responsibility for delays to delivery caused by Events Outside Our Control. See clause 12for Our responsibilities when this happens. Time of delivery is not of the essence.
5.3 We will need certain information from You that is necessary for Us to deliver the Modified Vehicle, for example, the Specifications. This will include attendance to at least one design review at our premises, If You do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.
5.4 We may request a on premises design and specification verification on completion of modified vehicle and handover. Please note this will have to be separate to handover to allow Us to allow any matter arising to be addressed prior to Handover.
5.5 The Modified Vehicle is required to be collected from Our premises, where we will provide a complete demonstration and handover, You can collect it from Us at any time during Our working hours of 9:30am – 4:30pm on weekdays. Please note a typical handover my take up to 5 hours.
5.6 You will own the Original Vehicle once We are in full receipt of the Interim Payment as outlined and the Original Vehicle has been delivered to us; If required we will provide You with documentary evidence of your ownership of the vehicle. At this point none of you consumer rights will be affected and this will include your rights to cancel the contract within 14 days.
5.7 The vehicle will be available for your inspection and testing at this time by prior arrangement, by you or a third party on your behalf. This may require completion of the Necessary Adaptations to provide access to permit wheelchair accessibility, in this instance, should you decide to cancel the contract within the 14 day cooling off, we will charge for the cost of the Necessary Adaptations.
5.8 If You choose not to inspect and test the Original Vehicle within the 14 day period, You will be deemed to have accepted the vehicle.
5.9 Following Your acceptance or deemed acceptance and our 14-day cooling off We will continue modifying the vehicle to the full specification as outlined in our contract.
5.10 Following Your acceptance or deemed acceptance and our 14-day cooling off period of the vehicle You will be registered keeper of the vehicle.
5.11 Final payment will be requested in cleared funds upon completion of the Modification Works and prior to handover.
6. IF THE MODIFIED VEHICLE IS FAULTY
6.1 In the unlikely event that there is any defect with the Modified Vehicle:
6.1.1 please contact Us and tell Us as soon as reasonably possible of any or all faults you believe the vehicle may have;
6.1.2 please give Us a reasonable opportunity to repair or fix any defect(s); and We will use every effort to repair or fix the defect as soon as reasonably practicable,
6.1.4 You will not have to pay for Us to repair or fix or replace a defect with the Modified Vehicle under this clause 6.1. provided it is not due to mis-use or other failure on your part or caused by a third party.
6.1.5 This is a Bespoke hand-modified vehicle, and whilst effort has been made to ensure the reliability and quality of the Vehicle. We would respectfully suggest that You use the vehicle and its facilities as much as possible after Handover and should any minor issues arise you continue to use the vehicle and return the vehicle to us on one occasion only to provide us with the opportunity to address any and all issues at the same time to our mutual benefit.
6.1.6 After a reasonable period [Approximately 2 months] after Handover, we will invite you to provide information regarding any issues with the vehicle that You feel we may need to address.
For all parts or fittings used in the bespoke modification process; Coachbuilt GB will repair (or at it's opinion, replace) any defective parts or fittings;
Terms for works completed under warranty are on a return to base basis.
IMPORTANT NOTE: The suppliers warranty terms and conditions of all proprietary items and equipment over-ride the Coachbuilt GB general warranty terms, as stated above.
For customer owned vehicles or second hand vehicles supplied and modified by Coachbuilt GB: 12 months from the date of final invoice, subject to conditions and exclusions below.
For new Vehicles supplied and adapted by Coachbuilt GB: 36 months from the date of final invoice, subject to conditions and exclusions below.
All the illustrations and descriptive matter are intended to give a general idea of the bespoke modifications agreed to be undertaken. Changing market and supply situations and our policy of continuous product development may prevent us from maintaining the exact specifications detailed. We therefore reserve the right to alter specifications
Conditions of the Coachbuilt GB Bespoke Modifications Warranty
You must ensure that the external body shell and internal habitation part of your Modified Vehicle has an Annual Service and the vehicle is maintained in-line with NCC recommended service standards, where required. Failure to undertake the service may invalidate the manufacturers guarantee.
If you have not performed an Annual Service, then Coachbuilt GB will not be obliged to perform any work under the applicable warranty. Original VAT invoices must be retained as proof that Annual Service have been carried out.
The Annual Service on the external body shell and the internal habitation area must be carried out in accordance with the requirements in the original manufacturers hand-book. You will be responsible for any charges made for an Annual Service.
The lift and all other Healthcare Equipment in-line with the original manufacturers’ requirements. Failure to maintain any service will invalidate any warranty from Coachbuilt GB and the Original Equipment Manufacturer. Failure to follow the manufacturers servicing guidelines will invalidate the original manufacturer warranty and Coachbuilt GB warranty.
The Coachbuilt GB warranty is non-transferrable if the vehicle is sold
The Modified Vehicle must be made available at Coachbuilt GB within 8 weeks of the date the repair need was identified for the work to be carried out. The cost of transporting, towing or moving the motorhome or caravan by any means to or from the place of repair is the responsibility of the owner.
The base vehicle you have supplied is assumed to be in full-working order in its entirety upon delivery. Coachbuilt GB accepts no responsibility for any part or damage to the original base vehicle.
The warranty for the Original Vehicle and running gear is provided by the Original Manufacturer.
· The suppliers warranty terms and conditions of all proprietary items and equipment over-ride the Coachbuilt GB general warranty terms, as stated above.
Coachbuilt GB will not be responsible for any defect related to or arising from the following:
Failure or damage to any part that has been supplied with the original base vehicle (not supplied or modified by Coachbuilt GB)
The failure of a component for reasons other than fair wear and tear;
Damage resulting from freezing, fire, over-heating or accidents (whether caused by the user or a third party);
Misuse of any component;
Normal deterioration, corrosion, intrusion of foreign or harmful bodies, lack of servicing or negligence of any person other than Swift which causes stoppage of or impairment to the function of any component of the motorhome;
Replacement of parts which have reached the end of their effective working life because of age and/or usage;
Cleaning or adjustment of any assemblies;
Cosmetic finishes to kitchen sinks, cooker tops, vanity units, shower trays; and/or
Routine maintenance items which are part of the annual service including lubricants, rubber gas hose, the cleaning of the heater and fridge flues, the replacement of gas jets, the resealing and/or replacement of shower room sealant, and the adjustment and lubrication of locks
In addition to the exclusions above, Coachbuilt GB shall not be liable under this Warranty for any defects related to:
Original parts or quality, pre-existing damage internally or externally or wear and tear of the original base vehicle regardless of age
Any audio equipment;
Any microwave; and/or
Wall and Roof GRP sheeting material
Coachbuilt GB shall also not be liable under its warranty, if the Modified Vehicle has been neglected, misused, modified or used for hire or reward or if the identification marks (chassis/VIN numbers) have been removed or defaced.
The Modified Vehicle will be deemed to have been neglected if it has not been serviced and maintained as stated in this handbook or any repairs being identified as necessary at an Annual Service or by an approved service centre have not been carried out in a reasonable time.
You have legal rights under UK law governing the sale of consumer goods. These warranties do not affect your legal rights.
The name and address of the warranty provider is:
Coachbuilt GB Ltd, 5 Kelsey Close, Attleborough Fields Ind. Est, Nuneaton, Warwickshire CV11 6RS
To make a claim under this warranty, contact Coachbuilt GB directly on 02476341196 or by email at firstname.lastname@example.org
6.2 As a consumer, you have legal rights in relation to the Modified Vehicle if it is faulty or not as described. We are under a legal duty to supply the Modified Vehicle so that it conforms to this contract. Advice about Your legal rights are available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. THIRD-PARTY MANUFACTURER'S GUARANTEE OF THE MODIFIED VEHICLE
7.1 The Modified Vehicle comes with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Modified Vehicle.
7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Modified Vehicle if it is faulty or not as described. We are under a legal duty to supply the Modified Vehicle so that it conforms to this contract. Advice about your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
8. PROVIDING SERVICES
8.1 We will supply the Services to you from the date of the Order until the estimated delivery date for the Modified Vehicle.
8.2 We will make every effort to complete the Services in line with the agreed schedule. However, there may be delays due to an Event Outside Our Control. See clause 12for Our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from You that is necessary for Us to provide the Services, for example, the Specifications. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked.
8.4 If You do not pay Us for the Services when you are supposed to as set out in clause 10.5. We may suspend the Services with immediate effect until You have paid Us the outstanding amounts. We will contact you to tell you this.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about Your legal rights are available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. PRICE AND PAYMENT
10.1 The Price of the Modified Vehicle including the Services will be as set out in the Order. This may be subject to change, as detailed above. Our prices may change at any time, but price changes will not affect Orders that You have already placed.
10.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services and/or the Modified Vehicle in full before the change in the rate of VAT takes effect.
10.3 The Price excludes delivery. We do not normally deliver, however, if this is essential a cost will be charged by agreement.
10.4 If the Original Vehicle Manufacturer changes its price after You have entered into a contract with us and before We have entered into a contract with them. Then we reserve the right to cancel the contract with You. We will then provide a new contract taking into account the modified price. If You decided not to proceed, we will return any deposit to you.
10.4 Payment of the Price will be as follows:
10.4.1 payment of the Deposit shall be made to Usin full and in cleared funds at the time you make the Order;
10.4.2 We shall invoice you for payment of the Interim Payment on or at any time after We order the Vehicle from the Manufacturer; and
10.4.3 We shall invoice you for payment of the Final Payment on or at any time after Our delivery of the Modified Vehicle to you.
10.5 We will invoice you in accordance with clause 10.4. Each invoice will quote the reference number. You must pay each invoice in cleared monies within thirty (30) calendar days at the date of invoice by any of the payment methods specified in clause 10.7.
10.6 We accept payment with Visa, Visa Debit & MasterCard.
10.7 If you do not make any payment due to Us by the due date for payment, 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.
10.8 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.6will not apply for the period of the dispute.
11. OUR LIABILITY TO YOU
11.1 We do not exclude or limit in any way Our liability for:
11.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
11.1.2 fraud or fraudulent misrepresentation;
11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.1.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
11.1.5 defective products under the Consumer Protection Act 1987.
11.2 Subject to clause 11.1, Our total liability to you in respect of all losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
11.3 We only supply the Modified Vehicle for domestic and private use. You agree not to use the Modified Vehicle for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
12.2.1 We will contact you as soon as reasonably possible to notify You; and
12.2.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of the Modified Vehicle to You, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.3 Please see your rights to cancel under clause 13. We reserve the right to cancel the contract due to an Event Outside Our Control.
13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 You may cancel your order at any time and without reason within a period of 14 days following the date in which you make the Order. If you cancel the Order within this period, we will treat the entire Order as cancelled. We will return any deposits paid by you. We will confirm your cancellation in writing.
13.2 As the Modified Vehicle is made to your personal and specified requirements, you will not be able to cancel the order once the Modification Works have commenced (but this will not affect your legal rights as a consumer in relation to the Modified Vehicle if it is faulty or not as described).
13.3 Your right to cancel the contract within 14 days of delivery of the Modified Vehicle will not apply as this is a Vehicle made to your bespoke specification.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 We may have to cancel the Order due to an Event Outside Our Control without which We cannot provide the Services. If this happens:
14.1.1 We will promptly contact you to let you know;
14.1.2 any payment in advance for Services that have not been provided to you, or for the Modified Vehicle that has not been delivered to you, will be refunded to you;
14.1.3 in the event that ownership of the original vehicle with or without the Necessary Adaptation and you have paid in full for it, then the customer will retain ownership of the vehicle and no monies will be refunded save for any monies that have been paid for any modification work.
14.1.4 in the event that the contract cannot be completed, we reserve the right to terminate the contract and serve a notice upon you indicating that we wish to exercise one or other of the options below;
1. We return the vehicle to a condition as close of possible and practicable as to when you acquired the Original Vehicle post Necessary Adaptations and we would return to You any payment You have made over the price.
2. By agreement with You re-specify the Modification Work and agree a new price and delivery date.
14.2 In the event of break-down of the relationship between the parties whilst the Modification Works is being carried out or if the Contract become impossible to perform (e.g. Your requirements do not meet safety or regulatory requirements) then We reserve the right to cancel the contact. At this point We will be entitled to recover our costs in respect of works completed and materials purchased for the completion of the contract and You will be entitled to a refund of the difference. The vehicle will then be available for collection, by You, or Your agents and the vehicle must be removed from Our premises within 28 days.
14.3 Once We begin processing the Order, We may cancel the Order at any time by providing you with at least thirty (30) calendar days' notice in writing. Any payments in advance for Services that have not been provided to you, or for the Modified Vehicle that has not been delivered to You, will be refunded to You.
14.4 We may cancel the Order at any time with immediate effect by giving You written notice if:
14.4.1 You do not pay Us when you are supposed to as set out in clause 10. This does not affect Our right to charge you interest under clause 10.6; or
14.4.2 You break the contract in any other material way, and You do not correct or fix the situation within fourteen (14) days of Us asking You to do so in writing.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration number is 06920852and Our registered office is at Lindens Mill Hill, Baginton, Coventry, Warwickshire CV8 3AH. Our registered VAT number is 987898217.
15.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Us at 024 7634 1196or by e-mailing Us at email@example.com.
15.3 If you wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), You can send this to Us by e-mail, by hand, or by pre-paid post to Coachbuilt GB Limited at firstname.lastname@example.org at Lindens Mill Hill, Baginton, Coventry, Warwickshire CV8 3AH. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to Us to:
16.1.1 provide the Services and / or Modified Vehicle;
16.1.2 process your payment for the Services and / or the Modified Vehicle; and
16.1.3 inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us
16.2 We will not give your personal data to any third party.
17. OTHER IMPORTANT TERMS
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
WEBSITE TERMS & CONDITIONS
Please read these terms and conditions carefully before using this website. By using this website you accept these terms and conditions. If you do not agree to accept these terms and conditions in full, please exit this website.
About these terms and conditions
Your use of this website creates a legally binding agreement between Coachbuilt GB Limited, a registered company established in England and Wales (company number 987898217), whose registered office is at Mill Hill, Baginton, Warwickshire, CV8 3AH ("us", "we", "our") and you, the user of this website at URL: www.coachbuiltgb.co.uk or any replacement or successor URL ("our website").
Your use of our website may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for us to comply with them on your behalf.
We may change these terms and conditions at any time by publishing a new version on our website. Your use of our website will from that point on be governed by such new version. If you do not wish to accept any new version of our terms and conditions then you should not continue to use our website. If you continue to use our website after the date on which the new version of our terms and conditions come into effect then your continued use of our website shall indicate your agreement to be bound by the new terms and conditions.
Use of our website by you
We license you to use our website provided that:
you are over 18 years old; and
you use our website only in accordance with these terms and conditions.
Our website is designed to enable you to submit requests to us. When you access our website, you are agreeing that your use of our request forms will be in accordance with these terms and conditions. We may choose to reject your submission of any such completed form and may deny you access to our request forms for any reason.
Your licence to use our website extends only to your temporary downloading of material on our website to a personal computer operated by you and to your printing out one copy of such material for your own non-commercial, personal use.
Unless you have first obtained our written consent, you are not permitted:
to alter any material downloaded from our website;
to incorporate any material downloaded from our website into any other work or publication in any form;
to reproduce (except as specified above), transmit or distribute material downloaded from our website to others by any means;
to create and/or publish a link to any part of our website without our prior written consent; or
to download, use or copy all or any part of our website for any commercial purpose.
You must not use, or permit the use by any other person of our website: in any way which is defamatory, offensive, abusive, indecent, obscene or menacing; in any way which violates or infringes the rights of any person or organisation (including but not limited to, intellectual property rights, rights of confidentiality and rights of privacy); in any way which is illegal or unlawful; to introduce a virus, trojan horse, worm or other disruptive program or item whatsoever; in any way which may cause our website or its functionality to be impaired or interrupted in any manner; to attempt any unauthorised access to any part or component of our website; or in any way which is not authorised by us or which is in breach of these terms and conditions.
We may terminate your licence to use our website or any part of it at any time for any reason but any such termination shall not affect any rights which have accrued to either you or us prior to such termination.
We may alter or withdraw our website or any part of it without notice at any time for any reason without incurring any liability to you or to any third party.
Content of our website
Our website does not constitute an offer by us to sell the products or provide the services described within it.
Whilst we do try to keep the information provided on our website accurate and up to date, we reserve the right to alter specifications and prices at any time and, as set out below, we do not accept liability for any errors or omissions.
You agree that:
some products and services may only be available for purchase in selected geographical areas and during limited periods of time (as the products and services described on this website are intended for the United Kingdom and/or Dutch and/or Danish markets, as the case may be);
some descriptions of products and services contained in our website include optional equipment, accessories and/or enhancements which may not be fitted or available as standard;
any colour appearing on our website is not necessarily an accurate reproduction of the colour it purports to represent;
You agree that all intellectual property rights (including, without limitation, copyright, database rights, registered and unregistered trade marks and service marks, registered and unregistered design rights, and the right to apply for any of the foregoing) in and to our website and its contents are vested in us or in our subsidiary companies or in our respective licensors.
Links and other websites
All links from our website to the websites of third parties have been provided for your convenience only. All websites accessible by means of such links are separate and distinct from our website and we do not accept any liability in respect of the use of any of them. Your use of such linked websites may be subject to terms and conditions displayed on such websites or to other terms and conditions. We have no control over the contents of such linked websites and we therefore accept no liability in respect of such contents. We do not in any way endorse any website which may be linked to our website, the provider of any such linked website or any products or services of any third party.
All dealers and distributors who sell our products and those of our subsidiary companies are independent trading entities and make such sales on their own account rather than as our agents. Accordingly they have no authority to bind or to make any representation or undertaking on behalf of us or of any of our subsidiary companies or subcontractors.
Liability and warranties
Access to our website is provided free of charge and therefore:
We accept no liability for any use whatsoever of our website other than as set out in these terms and conditions.
These terms and conditions form the entire agreement between us and you in respect of your permission to use our website. We are not liable for any statement or representation that we make to you, even if you rely on it, unless we made the statement or representation fraudulently. In all other circumstances, and to the extent permitted by law, we exclude our liability for all losses, expenses and damage of any nature arising in any way from the use by any person of our website or from any error or omission in the information contained in our website or from any inability to use our website.
Our website is provided on an "as is" and "as available" basis and we exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with these terms and conditions.
We do not make any warranty or representation: that any email or other electronic communication we send to you or that you send to us will reach its destination or that it will be private and secure during internet transmission; that your use of our website will not infringe the rights of any third parties; about the accuracy, quality, completeness or fitness for any purpose of any information on our website; in relation to products or services offered on our website whether by us or on our behalf (including free software downloads) unless specified in separate terms and conditions in connection with particular products or services; about our website or linked websites; or as to the availability of our website.
You acknowledge that we have no control over the compatibility of our website with any of your equipment, software or telecommunications links. Accordingly, you release us, our agents and employees from all liability (to the fullest extent permitted by law) arising out of or in connection with the compatibility of our website with any of your equipment, software or telecommunications links.
You acknowledge that we have no control over the world wide web and you agree therefore that we are not responsible for the operation or the level of performance of any hypertext, text, banner, logo or other links, the internet or the world wide web or for any telephone charges or other costs that you may incur in accessing and using our website.
You agree to indemnify us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by us arising out of or in connection with any breach of these conditions by you and any breach by you of any applicable law or legislation.
The limitations and exclusions on our liability described in these terms and conditions do not apply in the case of death or personal injury caused by our negligence or in the case of our fraud.
We may assign our rights and obligations under these terms and conditions to any person. You may not assign any of your rights and obligations under these terms and conditions.
This Agreement does not create any right or benefit enforceable by any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in our favour, and any indemnity given to us under these terms and conditions, is a right or benefit of our officers, shareholders, employees and agents and of our subsidiary companies and their officers, shareholders, employees and agents as if such limitation, exclusion or indemnity had been given directly by you to such third parties.
If a provision (or any part of any provision) of these terms and conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision (or part provision) will be deemed to be omitted. The remaining terms and conditions will continue in full force and effect.
Any delay by us in enforcing our rights against you does not affect our ability to enforce such rights. Any waiver by us of any right against you is not a waiver of any other rights that we may have against you.
These terms and conditions shall be governed by and construed in accordance with English law and we and you both submit to the non-exclusive jurisdiction of the English courts.