Terms and Conditions
In these Terms & Conditions the expression ‘Company’ means Pathfinder Park Homes Limited and the expression ‘Unit’ means any mobile home or pre-fabricated building constructed by it. Please note that goods are available for inspection at our works prior to despatch and no responsibility will be accepted for errors in specification after they have left our premises.
These Terms and Conditions apply to the Contract to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
All orders placed with the Company must be confirmed by signing of the order form, spec and plan.
The Company is not bound to accept any alterations to specification after an order has been taken.
All brochures, catalogues, price lists, particulars of dimensions and other advertising or descriptive material produced by the Company are intended to be approximate only and to give a general impression of the Units. Unless expressly incorporated, the same shall not form part of the contract. The Company reserves the right to make minor alterations to the design specification or construction of the Units without prior notification to the customer.
If the customer is dealing as a business, to the extent that the Units are to be manufactured in accordance with a specification supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company in connection with any claim made against it for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Company’s use of the specification. This clause shall survive termination of the Contract.
Where a non-standard Unit is ordered a non-returnable 25% deposit will be required before manufacture commences.
If for any reason the customer cancels an order for goods or Units which the Company has specially obtained, or has specially manufactured, to the customer’s specification, then the customer will be liable for payment for those goods or Units notwithstanding that they have not taken delivery of them. Where a Unit is manufactured against a deposit and the order is subsequently cancelled by the customer, the Company will use its best endeavours to resell the Unit at the best possible price but any shortfall together with expenses will be deducted from the deposit before the balance is returned.
A deposit received in an individual or Company name will be returned only in the name that the deposit was received.
Title of Goods
The property in the Unit shall not pass to the customer until the customer has paid to the Company the whole price thereof. If notwithstanding that the property in the Unit has not passed to the customer, the customer sells the Unit in such manner as to pass to a third party a valid title to the Unit, the customer shall hold the proceeds of such sale on trust for the Company. The customer agrees that prior to the payment of the whole price of the goods the Company may at any time enter upon the customer’s premises and remove the Unit therefrom and that prior to such payment the customer shall keep the Unit separated and identifiable for this purpose. Nothing herein shall constitute the customer the Agent of the Company for the purpose of any such sub-sale. Notwithstanding that the property in the Unit shall not pass to the customer save as provided above the Unit shall be at the risk of the customer from the time of collection by or delivery to him of the Unit.
Damages or Deficiencies
Deficiencies and damages on units delivered by, or collected from the Company must be notified in writing within seven days of discovery of the defect or such other timescale detailed in the section titled “Warranty” below to receive the benefit of the warranties therein. No responsibility will be accepted by the Company under such warranties if any defect arises from:
a) the customer failing to follow the Company’s oral or written instructions as to the storage, commissioning, installation, use, siting and maintenance of Unit;
b) the Company following any drawing, design or specification supplied by the customer;
c) the customer altering or repairing the Units or goods contained therein without the written consent of the Company;
d) fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
the Unit differing from its specification as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.If dealing as a business, 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.
The Company warrants that for the periods detailed below, the Units will conform with their specification, be free from material defects in design, material and workmanship and be of satisfactory quality.
Warranty on a Unit is for 12 months from the delivery date.
Warranty on the structure is for 24 months from the delivery date.
External claddings, textures and other finishes are not classed as structural.
The Company may at its option repair, replace or refund the price of Units not complying with the above warranties.
On a Registered Park you can register the home for Gold Shield Warranty, always check with Park Management – they may have already registered the home. The Company cannot be held responsible for Units not being registered.
All manufacturer warranties are subject to the terms and existence of such warranty.
The roof tiles have a 40 year Roof Tile Manufacturers Warranty.
Windows Manufacturers Warranty
Frames – 10 years. Double Glazed Unit Seals – 10 years. Ironware – 5 years.
The guarantee does not cover minor imperfections in the glass, outside of the scope of the Glass and Glazing Federations Visual Quality Standards, or damage or faults caused by accident, miss-use, neglect, or by the use of improper cleansing materials are not covered by the warranty.
White Goods all carry the Appliance Manufacturers Warranty, including those listed below:-
Boilers, Fridge/Freezer, Washing Machine, Dish Washer, Oven, Hob, Extractor, Wine Cooler,
Fire, TV’s and any other audio visual equipment,
Please make sure you register all appliances with the Appliance Manufacturer.
The Company cannot be held responsible for Non Registration of Appliances.
Curtains, Carpets, Blinds, Dining Tables and Chairs, Settee Suites, Occasional Furniture, Wood and Laminate Floors, Fires and Surrounds, Kitchens, Worktops, Internal Doors, Mirrors, Ceramic Tiling, Paint Work, etc
Any damage to furniture etc must be reported within 14 days of delivery.
No responsibility can be accepted by the Company for non matching items such as, Materials, Shades, Styles or named manufactures due to a change of availability of the item from a supplier.
Baths, Showers, Screens, WC’s, Seats, Cisterns, Basins, Taps and Vanity Units,
Any damage to sanitary ware must be reported within 14 days of delivery.
The plumbing must be checked by the commissioning plumber.
The Company is not responsible for plumbing leaks or associated damaged.
All waste water fittings must be checked when the Unit is being commissioned, including, Sink Waste, Basin Waste, Shower Waste, Bath Waste, Washing Machine Waste, Dishwasher Waste and Toilet Waste.
Batteries, light bulbs and sundries are not covered under warranty.
Damage can be reported by phone but must be followed up by emails or letters
Phone 01626 833799 Email email@example.com
The 14 day reporting rules above are the same for Show Homes.
It is important that a PDI is carried out on Show Home within 14 days from the delivery date.
Customers buying Show Homes receive a 12 months warranty,
This does not cover any of the above unless it was reported on the original PDI
The Customer’s statutory rights are not affected by the above Warranties.
Time of Delivery
Where a delivery date is requested, the Company will give an approximated date and will use their best endeavours to meet such date, though time of delivery is not of the essence. The Company shall not be liable for any delay or failure in delivery of the Units caused by an event beyond its reasonable control or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If the customer is dealing as a business, if the Company fails to deliver the Units, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Unit.
Units where an invoice has been raised and duly paid and which remain uncollected for a period of one month from the date of invoice, will incur a demurrage charge amounting to £100 per week per element (i.e. single unit is one element, twin units are two elements) during the period in which they remain uncollected. All accrued demurrage charges must be paid in full prior to collection.
Price Alteration and Terms of Payment
The Company may at its absolute discretion at any time refuse to fulfil a contract for goods or services whether in whole or in part if the Company is not satisfied with the credit standing of the customer.
Payment in full and without set-off should be made according to the terms shown on the invoice for the goods or services supplied. The Company reserves the right to charge interest on overdue accounts on a day-to-day basis at the annual rate of 8% over NatWest Bank plc base rate as varied from time to time.
If the customer makes default in any payment and does not adhere to the Company’s payment terms or becomes subject to the Bankruptcy Laws or being a company has a receiver appointed or pass a resolution for winding up or enters into an arrangement with its creditors, the Company may at its option without prior warning to the customer cancel further deliveries and take any action considered necessary for the recovery of any monies due to it together with all costs of such recovery.
Agents receiving the benefit of a trade discount are expected to maintain any stock units in good condition and appearance. They are further expected to perform any minor repairs necessitated through transportation, etc. without charge to the Company.
Commissioning of Units
It is the responsibility of the customer to ensure that the unit is correctly commissioned by a business employing qualified engineers in accordance with the Company’s commissioning notes. No responsibility will be attached to the Company for any faults which may arise if these instructions are not followed.
Siting and Transport
All Units must be sited correctly on a prepared base and according to the Company’s instruction leaflet thereon. The Company does not hold itself liable for any faults arising from incorrect siting or transportation where the Company is not contracted to perform such siting or transportation.
Where the Company is requested to transport or site a Unit it is understood that there is free and unobstructed access to the siting plot and that there will be a base prepared in accordance with the Company’s instruction leaflet thereon. Any costs incurred by the Company due to the above conditions not being met will be charged to the customer.
Nothing in these terms and conditions shall limit or exclude the Company’s liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
d) if the customer is an individual consumer, breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987; or
f) any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
Subject to the above:
a) the Company shall under no circumstances whatever be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
b) if the customer is dealing as a business, the Company’s total liability to the customer 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 Unit;
c) the Company shall not be liable or responsible for any failure to perform or delay in performing its obligations caused by an event beyond its reasonable control.
Variations to Agreement
No employee or agent of the Company is authorised to waive, alter, vary or amend the whole of any of these conditions. A waiver, alteration, variation or amendment signed by a Director of the Company only will be recognised.
Own Land Planning Service
Please Note: The Pathfinder Homes planning service is offered complimentary,under the agreement the applicant proceeds to purchase a Pathfinder Home for the detailed land address; although a £400 commitment fee is required at time of application, (this is credited against the purchase of the home). Should the applicant fail to purchase a Pathfinder Home, the applicant agrees to pay Pathfinder Homes a fee of £3,000 plus VAT to cover our costs. The specification & plan for the Pathfinder Home must be approved and signed off within 90 days of planning being granted with or without conditions. A 10% deposit must be paid and the standard Pathfinder Homes terms & conditions of purchase apply.
The Contract including these conditions shall be governed by and construed and in accordance with English Law.
PATHFINDER PARK HOMES LTD
DEVON TQ12 6FJ