TERMS & CONDITIONS OF SALE

 

Verandas and Wintergardens

 

1. DEFINITIONS

1.1 ‘Company’ means Crocodile Products Limited.

1.2 ‘Contract’ means these Terms and Conditions of Sale

1.3 ‘Customer’ means the person who buys or agrees to buy the goods from the
Company and whose name and address appear overleaf.

1.4 ‘Goods’ means the articles which the Customer agrees to buy from the
Company.

1.5 ‘Order Form’ The page order form that contains information about pricing, the payment
schedule and dimensions of the Goods.

1.6 ‘Premises’ means the Customer’s property at which the installation of the Goods
is to be carried out by the Company.

 

2. The Company intends to rely upon the written terms set out in this document. If the
Customer requires any changes, the Customer should ask for these to be put in writing
and shall only be effective if expressly agreed to by the Company in writing. In that way,
a problem surrounding what the Company and the Customer is expected to do, can be
avoided.

 

3. The Company enters into this contract on the basis of the Company’s representatives’
assessment of the Customer’s requirements. If the Company’s technical surveyor advises
that it is not feasible for the installation to be carried out on these terms, then the Company
will notify the Customer accordingly and return the Customer’s deposit.

 

4. SURVEY

4.1 SHOULD THE COMPANY DETERIMINE THAT A SITE SURVEY BE REQUIRED; the
Company’s technical department will inspect the Customer’s property within 30 days of
receipt of the Customer’s signed Order Form to the Company. On occasion, the Company
will take photographs during the initial visit and photographs will be used to determine
whether an installation is feasible.

4.2 If, in the Company’s sole opinion, the installation could not (including if installation is not
feasible or economically viable based on the Company’s resources and equipment) be
carried out then the Company will inform the Customer and cancel the contract. The
Customer will receive written notification of the cancellation, together with reasons for
cancellation and return of the deposit paid in full. Upon issuing such notification to the
Customer, the contract will be null and void and neither party shall be liable to the other.

 

5. The Customer shall grant the Company’s representatives access to the Premises at all reasonably appointed times. Access will be required for the purposes of technical assessment, to carry out the works details within the Contract and any subsequent remedial work if required.

 

6. INSTALLATION

6.1 The Company will provide the Customer with an estimate date for installation of the Goods. The Company will aim to give three days’ notice of this date to the Customer. The date provided to the Customer is an estimate and the Company will notify the Customer as soon as practically possible if date for installation needs to be rescheduled.

6.2 The Company will provide the Customer with information as to how long the installation of the Goods will take. This period is an estimate only and the Customer acknowledges that installation may take longer or be completed sooner than anticipated.

6.3 The Company will not be responsible for any losses incurred by delay in installation of the Goods which had been caused for reasons beyond the Company’s control which include, but are not limited to, severe weather, civil disturbance, strike action by others, criminal acts or civil war or any other such event outside of the Company’s control. If this happens, the Company will contact the Customer as soon as possible to let the Customer know.

6.4 If, upon receipt of notification of a date of installation the date given is inconvenient to the Customer then the Customer must inform the Company immediately to allow the Company to offer an alternative date of installation agreeable to the Customer.

6.5 All Goods remain the property of the Company until any balances outstanding are paid in full.

 

7. PAYMENT
7.1 The pricing schedule and installment payments are set out in the Order Form. All payments are non-refundable, with the exception of the initial sales deposit if the Company determines that installation of the Goods is not feasible or economically viable based on the Company’s resources and equipment.

7.2 Final payment of the Goods will be payable in full on the final day the planned installation.

7.3 The Company’s personnel are authorised to accept cash or cheques in favor of Crocodile Products Limited.

7.4 Any outstanding balances may be collected by the same method as the original deposits.

7.5 Interest shall be charged upon outstanding sums at a daily rate of 2.5% above the base bank rate of Royal Bank of Scotland from time to time in force and shall accrue from the due date until the date of actual payment of the overdue amount, whether before or after judgement.

7.6 Receipts will only be issued upon telephone or written request.

 

8. Credit is available subject to status and the credit providers requirements. Additional terms and conditions apply. Crocodile Products Ltd, Spring Garden Mill, New Stret, Milnsbridge, Huddersfield, HD3 4LN (Register no. 831361) is a credit broker, not the lender and is authorised and regulated by the Financial Conduct Authority. Credit provided by Novuna Personal Finance, a trading style of Mitsubishi HC Capital PLC, authorised and regulated by the Financial Conduct Authority (Financial Services Register no. 704348).

 

9. WARRANTY

9.1 The Company undertakes to repair or replace all materials free from all charges should any fault appear due to defective materials or workmanship for a period of 10 years from the date of installation (Warranty Period). This warranty does not extend to:

9.1.1 Damage or fault as a result of an accident, misuse or neglect by the Customer, including but not limited to failure to use the Goods for the intended purpose or in accordance with the Company’s instructions for usage and maintenance.

9.1.2 Any remedial work carried out by any person other than authorised Company personnel.

9.1.3 Any removal or repositioning of the Goods or any components by any person other than authorised Company personnel.

9.1.4 Normal wear and tear.

9.1.5 Cosmetic damage, including but not limited to scratches and dents.

9.2 Any warp or bow, or installation away from the set-out shall not be considered a defect and not entitle the Customer to withhold payment for the Goods and shall not be covered under the Warranty set out at clause 9.1 if it is within certain tolerances. The Company shall use its sole discretion to determine whether any warp, bow or installation point is within the acceptable tolerance.

9.3 Should a defect manifest itself within the Warranty Period then the Customer should inform the Company as soon as possible but within 5 days of the Customer becoming aware of the defect, either by telephone or in writing, in order to claim under this warranty.

9.4 Following a claim under this warranty, the Company will visit the premises to inspect the Goods and if, in the Company’s sole opinion, the defect is not covered under the warranty or the Warranty Period has expired, the Company reserves the right to charge the Customer a call-out fee.

9.5 The terms of this warranty do not affect the right of the Customer to reject defective Goods.

 

10. It is the Company’s policy to continually improve products, and the Company reserves the right to change specifications of the components to be supplied to the Customer provided that the changes do not materially affect the overall appearance or performance of the product.

 

11. OUR RESPONSIBILITY TO THE CUSTOMER

11.1 The Company is not responsible for losses the Customer suffers caused by the Company breaking this contract if the loss is:

11.1.1 Unexpected – it was not obvious that it would happen and nothing the Customer said to the Company before it accepted the order meant it should have expected it to.
11.1.2 Caused by a delaying event outside the Company’s control.
11.1.3 Avoidable – if it was something the Customer could have avoided by taking reasonable action, including following the Company’s reasonable instructions for use.

11.2 The Customer must satisfy itself that it has the correct planning permission or other consents or permits before it submits an order for Goods, including that the installation of the Goods complies with building regulations (if applicable). The Company is not liable for any non-compliance with planning permission and/or building regulations unless specific details of which have been notified to the Company at the outset and in any event, before installation is due to commence. The Company is not liable for any costs incurred by the Customer for failing to have the correct consents or permits in place for the Goods.

11.3 The Company cannot guarantee that the installation of the Goods will integrate with third party building works or third-party goods. The Company is not responsible for ensuring that the Goods have an electrical or water supply, unless this is required for the Goods and the Company has expressly agreed to this in writing.
11.4 The Company shall have no liability if issues with the Goods are caused by factors outside the Company’s control, for example the general condition of the Customer’s property, or if any third-party building works of which the Goods are installed as part of are faulty or have not been fitted adequately.
11.5 The Customer must satisfy itself that the Goods, specifically the Wintergardens, meets the Customer’s own needs and acknowledges that the Goods are not intended to be habitable.
11.6 Save in respect of any liability which cannot legally be limited, the Company’s liability to the Customer for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount that the Customer paid for the Goods and all claims for loss of profit or indirect or consequential losses are wholly excluded (including but not limited to claims for costs incurred by the Customer taking time off from work and/or rescheduling third party works).
11.7 The Customer shall pay to the Company on demand all reasonable costs and expenses (including reasonable legal costs and expenses) incurred by the Company in connection with any claim or other legal proceeding involving the Customer and the Company in which the court finds in favour of the Company.

 

12. RIGHT TO CANCEL – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR CANCELLATION RIGHTS

12.1 In relation to bespoke goods i.e. goods made to your individual requirements and dimensions, there is no cooling off period, and you do not have any rights to cancel.

 

NOTHING IN THESE CONDITIONS WILL REDUCE YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS.