Terms and Conditions
The Order Form, the order confirmation, the Site Survey Form, and the Terms herein.
MyBothy is a division of Ast Signs Limited, The Box, Eden Business Park, Penrith, Cumbria CA11 9FB
Company Number: 04564916
The person(s) or company who purchases a Bothy from the Company.
The site specified by Customer for installation of the Bothy.
The Bothy specified in the Order Form and/or order confirmation (which for the avoidance of doubt shall not include any Optional Extras).
Means any parts of the Bothy which are not either structural elements or optional extras including (without limitation) all internal cladding, windows and doors.
The optional extras supplied by third parties made available to the customer and specified in the order form.
The order confirmation issued to the customer following receipt of an Order Form and the requisite deposit.
The order form signed by the Customer confirming acceptance of these Terms and Conditions.
The property within or upon which the Installation Site is located.
Means the floor, roof and external walls of the building.
The terms and conditions set out below
1. Basis of Sale
1.1 The Company will sell the Bothy subject to these Terms.
1.2 The Customer agrees that the Agreement constitutes the entire understanding between the parties hereto and there are no representations, warranties, conditions and terms or obligations (implied or otherwise) whether written or oral, express or implied by custom or otherwise other than those specifically contained in the Agreement.
1.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the Bothy, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
1.4 Any typographical, clerical or other error or omission in the order confirmation invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.5 In these Terms, reference to a statute or statutory provision includes a reference to it from time to time, amended, extended or re- enacted.
1.6 The headings in this Contract are for convenience only and shall not affect their interpretation.
1.7 In these Terms where two or more individuals are included in the expression “the Customer” any obligation provided by them shall be deemed to be made by such persons jointly and severally.
2.1 All Order Forms will be formally accepted by the Company by the issue of an order confirmation. An order confirmation will only be issued following receipt of an Order Form together with the requisite deposit.
2.2 If for whatever reason no formal order confirmation is issued by the Company, the Customer in accepting delivery and installation of the Bothy shall be bound by these Terms and Conditions.
2.3 Once the order confirmation has been issued by the Company to the Customer it may only be cancelled or the installation date deferred with the written agreement of the Company signed by a director and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.
3. Customer Warranties
The Customer warrants that;
3.1 the Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the Property.
3.2 it will grant the Company suitable access to the Property at all times until payment in full has been made.
3.3 the Installation Site and any access routes to the Installation Site have the capacity to support a maximum load of 10 tonnes.
3.4 the Installation Site is accessible and free from any dangers. In particular that the Installation Site is sound, level and free from any obstructions.
3.5 it is the proprietor of the Property.
3.6 it has obtained all required consents for the installation of the Bothy including (without limitation);
3.6.1 consent from any mortgagee or charge of the Property.
3.6.2 consent or planning permission from any local or public authority.
3.7 the Installation Site has not been subject to subsidence, landslip or land-heave.
3.8 the installation of the Bothy does not contravene any planning or other regulation or legislation.
The Customer hereby agrees at all times to keep the Company indemnified against all claims costs demands and liabilities arising as a result of the Customers breach of any warranty in this Clause 3 including (without limitation) the costs incurred by the Company as a result of any delay whilst such consents are obtained.
4.1 The Bothy shall be installed by the Company at the Property unless otherwise agreed in writing. For the avoidance of any doubt the Bothy is installed as an empty unit.
4.2 Any date specified by the Company in the order confirmation for the installation of the Bothy is approximate only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the other provisions of the Terms the Company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the building, nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the Bothy shall be limited to refunding the deposit (if any).
4.3 The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused.
4.4 If in the reasonable opinion of the Company the installation site is not accessible or does not otherwise comply with Clause 3 the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment or the Company may cancel the Agreement with immediate effect whereupon the Customer’s deposit will be returned less an amount in respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.
4.5 It is the customer’s responsibility to arrange for a qualified electrician to connect the Bothy to the Customer’s electricity supply and the Company excludes all liability in this respect. For the avoidance of doubt, notwithstanding that the Company may have agreed at additional cost to lay or install cables or conducting media to and from the Bothy it remains the Customer’s responsibility to specify the type of cable/conducting media required and arrange for a qualified electrician to connect the Bothy to the Customer’s electricity supply.
5. Company Warranty
5.1 The Company warrants that the Structural Elements of the Bothy will be free from any significant defect for a period of 10 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the Bothy shall be free from any significant defect in other materials or workmanship.
5.2 If the Bothy does not conform to these warranties the Company will take such steps as it deems necessary to bring the Bothy into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Bothy to the Customer provided that the liability of the Company shall not in any event exceed the total purchase price of the Bothy and the taking of the steps it deems necessary shall constitute an entire discharge of the Company’s liability under this warranty. If the Company opts to refund the purchase price any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Bothy and upon such removal ownership of the Bothy shall vest in the Company.
5.3 The Company shall not be liable for a breach of the warranty set out above relating to workmanship and materials other than Structural Elements, unless the Customer gives written notice to the Company within one month from the end of the build.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the one month period.
5.5 All warranties, conditions and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Agreement.
5.6 Where the Bothy is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions.
5.7 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
5.8 The warranty given in this Clause 5 shall not apply to any defects in the Bothy arising as a result of any breach of the Customer’s Warranties set out at Clause 3 above or as a result of any subsidence, landslip or land-heave affecting the Installation or any other form of instability affecting the Installation Site.
5.8.1 The Company have not made allowances in the Order Form (quotation) for any revisits, after a one month period post completion, for any repair to the internal decoration.
5.9 The Company provides no warranty in relation to any Optional Extras save that it will use all reasonable endeavours to assign the benefit to the Customer of any manufacturer’s warranty relating to the Optional Extras capable of assignment.
6. Alteration in Specification
The Company reserves the right to make any changes in the specification of the Bothy which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.
7. Property and Risk
7.1 Risk in the Bothy shall pass to the Customer upon handover of the keys to Bothy and responsibility for effecting and maintaining insurance cover passes to the Customer at that time.
7.2 Title in the Bothy shall not pass to the Customer until the Company has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the Bothy.
8. Price and Payment Terms
8.1 The price for the Bothy and any optional extras shall be shall be set out in the Order Confirmation. The price shall be inclusive of any value added tax unless stated otherwise but excludes any other applicable tax which the Customer shall pay in addition to the price.
8.2 All prices quoted are valid for 90 days from the date stated below. Any orders placed after this 90 day period has elapsed may be subject to price changes.
8.3 Unless otherwise stated a deposit of 50% of all sums payable to the company is payable on ordering the Bothy from the Company. The balance of such sums are payable at the time the keys to the Bothy are handed over to the Customer and time for payment shall be of the essence. For the avoidance of doubt the full price of the Bothy will be payable on the date that the keys are handed over notwithstanding that any optional extras may not have been installed or are not functional.
8.4 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the Company has received cleared funds.
8.5 The Company reserves the right to alter its price list at any time
9. Failure to Make Payment
9.1 If the Customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the Company may charge interest both before and after Judgement on the amount unpaid at the rate of 10% per annum above the Lloyds Bank base lending rate from time to time compounded monthly until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest.
9.2 Notwithstanding the above, if full payment has not been made on the due date the Agreement may be terminated forthwith by the Company serving not less than 48 hours written notice to the Customer, whereupon the Company shall be entitled to remove the Bothy and for such purpose the Company shall have an irrevocable licence or authority to enter upon the Installation Site with such transport as may be necessary to recover the Bothy. The Customer shall render all reasonable assistance to the Company to enable the Customer to disconnect the electricity supply and dismantle and remove the Bothy from the site.
9.3 If the Company takes the action permitted by Clause 9.2 the Customer shall pay a removal charge being £3,500 plus VAT together with the cost of arranging for an electrician to disconnect the power supply.
10. Enforceability and Severability
Any provision of these Terms which is held to be illegal, invalid, unenforceable or unreasonable whether in whole or part shall to the extent necessary be deemed severable and the other provisions of these Terms and Conditions shall remain unaffected.
These Terms shall not be amended, modified or varied except in writing signed by a director of the Company.
12.1 The Customer shall not be entitled to assign or transfer the benefit of the Agreement or any part of it without the Company’s prior written consent.
12.2 The Company may assign the Agreement or part of it to any person, firm or company.
Save as described in these Terms and Conditions the Company shall not be liable to the Customer for any loss or damage whether direct or indirect and howsoever caused. In any event the Company’s liability to the Customer in respect of the non-performance of any of the Company’s obligations shall be limited to the price of the Bothy.
14. Force Majeure
The Company shall not be liable to the Customer or deemed to be in breach of these Terms and Conditions because of any delay or failure to perform any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.
If the Customer shall go into liquidation whether compulsory or voluntary (except the purposes of a bona fide reconstruction or amalgamation) or if a petition shall be presented or an order made for an administrator or if a receiver, administrative receiver or manager shall be appointed over any part of the assets or undertaking of the Customer or the Customer being an individual shall become bankrupt or make any arrangement with its creditors, then without limiting its remaining rights the Company shall be entitled to immediately recover from the Customer all sums then due and all losses arising to the Company as a result of such circumstances arising, and shall be entitled to give notice to the Customer to terminate the Agreement pursuant to Clause 9.2.
Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Company or the Customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand.
No failure or delay on the part of the Company to exercise any right or remedy under these Terms shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.
18. Governing Law
Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.