WHITTAKER COACHBUILDERS INTERNATIONAL LIMITED

Terms and Conditions of Order and Supply

1. Definitions

1.1 Whittaker Coachbuilders International Limited, Agronomy House, Gamston Airfield, Gamston, Retford, Notts DN22 0QL is referred to as “the Supplier”.
1.2 The Terms and Conditions of Order and Supply are referred to as “the Agreement”.
1.3 The customer placing the order is referred to as “the Buyer” or “the Customer”.
1.4 The item(s) subject of the order placed is/are referred to as “the Goods”.
1.5 The total price of the Goods agreed between the Supplier and the Buyer is referred to as “the Price”.
1.6 The motor vehicle upon which the Goods are built is referred to as “the Chassis”.
1.7 The sums to be paid to the Supplier in relation to the Chassis are referred to as “the Body Price”.
1.8 The date on which the Goods will begin to be built is referred to as “the Commencement Date”.
1.9 Order Form is referred to as “the Order Form”.
1.10 Monies paid in the sum of £5,000.00 + VAT by the Buyer to the Supplier to reserve build time in the Supplier’s build schedule is referred to as “the Reservation Fee”.
1.11 The date on which the Vehicle is collected from the Supplier’s premises by the Buyer (and/or his agent) is referred to as the “Date of Supply”.
1.12 The weight of the Goods when not loaded with horses and/or equipment, a driver, passengers and fuel is referred to as the “Unladen Weight”.
1.13 The maximum weight of the Vehicle when loaded is referred to as “the Gross Vehicle Weight”.

2. The Goods

2.1 A brief description of the goods is given overleaf.
2.2 Afinal specification of the Goods will be determined and agreed in writing by the Buyer and the Supplier no later than four (4) weeks prior to the planned commencement date.

3. The Body Price

3.1 The reservation fee of £5875.00 will be made by the Buyer to the Supplier within 7 days of completing the Order Form for the Goods.
3.2 Failure to make payment as stated in paragraph 3.1 above will terminate this Agreement.
3.3 Upon supply of the Goods to the Buyer, the Buyer will pay in addition to the due balance of the Price, the following:
(a) Cost of the Road Fund Tax; and (b) Cost of the Statutory Tests or examinations required in relation to the Chassis or the Goods.

4. The Price

4.1 A provisional price of the Goods is given on the Order Form.
4.2 The Price of the Goods will be determined and agreed in writing by the Buyer and the Supplier consequent upon 2.2 above.

5. Reservation Fee

5.1 Upon placing an order the Buyer agrees to pay a fee of £5,875.00 to the Supplier to reserve build time in the Supplier’s build schedule.

6. Date of Supply

6.1 (a) The planned commencement and delivery dates are given on the Order Form. (b) Time is not of the essence in relation to the supply of the Goods to the Buyer.
(c) The Supplier is not to be held to these dates or responsible on delays by their suppliers, which adversely affect the dates agreed.
6.2 The Reservation Fee is non-refundable if for any reason the Buyer cancels the order within three months of the planned commencement date.
6.3 By mutual agreement the Date of Supply may be deferred to a later date without loss of the Reservation Fee. If the Date of Supply is deferred at the request of the Buyer, the
Supplier reserves the right to increase the Price of the Goods to a price in keeping with that of a new order.

7. Terms of Payment

7.1 The Buyer will be required to make progress payments to the Supplier as detailed below
(a) 33% of the Price prior to build begins (b) 33% immediately prior to paint
(c) the balance of the Price due upon completion (prior to collection/delivery). Funds must be cleared prior to collection/delivery.

8. Delivery

8.1 Delivery of the Goods will take place at the Supplier’s premises unless an alternative delivery location is agreed between the Supplier and the Buyer. If an alternative
delivery location is agreed, a delivery charge will be payable by the Buyer to the Supplier.

9. Warranties

9.1 The manufacturer of a new commercial vehicle chassis gives a warranty in respect of that Chassis.
9.2 A twelve months parts and labour warranty is given by the Suppliers to the Buyer in relation to the Goods insofar as the Buyer shall utilise the same for his/her own private
purposes and not in connection with trade or business. Trade or business use shall limit the term of warranty to six months. Such warranty excludes all normal service
replacement items and such parts requiring replacement that have not been subjected to normal wear and tear during the warranty period. Such warranty shall run from the
date of completion of manufacture of the Goods.
9.3 The Buyer is responsible for the cost of delivery of the Vehicle to and collection from the Supplier’s premises for any warranty work.
9.4 The Buyer is responsible for all labour charges even where the part is covered by warranty and is not therefore charged to the Buyer. The Supplier reserves the right to
request payment from the Buyer in respect of labour charges prior to the works being undertaken.
9.5 The foregoing warranties are given without prejudice to the Buyer’s statutory rights.

10. Vehicle Weight

10.1 The Supplier is unable to confirm that the Goods and the Vehicle to which they are fitted will comply with any of the requirements of the Road Traffic Acts or Regulations.
It is the Buyer’s obligation to ensure that he/she operates the vehicle within its capabilities as defined by the manufacturer and/or by the Road Traffic Act and/or any other
Regulation. Any description of the Goods or the Chassis are not in any way deemed to be a reference to the payload or otherwise of the Goods or the Chassis.
10.2 The Gross Vehicle Weight of the Vehicle is stated on the Customer Information form. It is essential the Gross Vehicle Weight is not exceeded when fully laden. Thelegal
operation of the vehicle is the responsibility of the Buyer. The Buyer should establish the Unladen Weight of the vehicle and also that of the intended load. The factors above
may therefore restrict the actual number of stalls that may be occupied at any one time and the amount of equipment that may be loaded onto the vehicle.

11. Animal Unpredictability

The Suppliers build horseboxes for the purpose of transporting a horse(s). Horses are however unpredictable and the Suppliers will not be held responsible for the behaviour and/or unpredictable actions of any animal(s) loaded onto/off and/or transported on the horsebox. The Buyer acknowledges that they are responsible for their animals and that the Supplier will not be liable for the behaviour of those animals. Animal damage is excluded from warranties reference section 9.

12. Law The above Terms and Conditions of Order and Supply shall be governed by and construed in accordance with English Law.

13. General No variation or modification of the above terms and conditions shall be binding unless expressly agreed by the Supplier in writing.

WHITTAKER COACHBUILDERS LIMITED
Agronomy House, Gamston Airfield, Gamston, Retford, Notts DN22 0QL.