Campervan Conversion terms of business
The wording below states the terms and conditions on which BLUE YAK CAMPERS is prepared to provide certain camper conversion and related services to you.
The meaning of some words used in these terms and conditions:
Materials means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;
Vehicle means the vehicle in which you have commissioned us to perform the Services;
Services means the building, installation, fitting, repair and other building services we will carry out to the Vehicle. The precise Services we will be providing to you are stated in the estimate;
We, us or our refer to BLUE YAK CAMPERS; an
You or your refer to a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide.
1.0 Entering into a legally binding contract
A contract between you and us comes into being in one of two ways:
a. where you sign the estimate we and you will enter into a legally binding contract on the date you sign;
b. where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
We suggest that before you sign the estimate or orally agree to us providing Services you read through these terms and conditions. If you have any questions concerning them please ask us.
You should keep a copy of these terms and conditions for your records.
2.0 Commencement of Services
Once we and you have entered into a legally binding contract we will normally start providing the Services to you on your Vehicle using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
3.0 We will provide you with the Services:
a. using reasonable care and skill;
b. using methods that comply with commonly accepted van conversion practices;
4.1 Our responsibility to perform the Services by particular dates and times
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
4.1.1 we will start performing the Services by a specified date or time; or
4.1.2 we will complete the performance of all the Services by any specified date or time; or
4.1.3 the performance of any individual part of the Services will be completed by a specified date or time.
4.2 What can happen if we cannot start performing the Services or complete performing the Services
If we do not start or do not complete performing the Services within a reasonable time you may choose either to continue to wait until we can start performing the Services or complete performing them or to cancel the contract as follows:
4.2.1 Cancellation where we have started to perform the Services: If we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials we have used or purchased. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
4.2.2 Cancellation where we have not started to perform the Services: If we have not started performing the Services we will not ask you to pay us anything (and will refund any sums you have paid to us within 7 days of cancellation).
What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if the Services are expected to take only a few hours to perform (and are of an emergency nature), then if we fail to start performing the Services within 4 hours you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may cancel the contract if you wish.
4.3 Situations or events outside our reasonable control
4.3.1 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered clause). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
4.3.2 The following are examples of events or situations which are not within our reasonable control:
- (a) if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
- (b) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
- (c) where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
- (d) where we are unable to gain access to the Vehicle to carry out the Services at the times and dates we have agreed with you;
- (e) where the areas in the Vehicle have not been readied by you as we and you have agreed in order for us to perform the Services; and
- (f) for other some unforeseen or unavoidable event or situation which is beyond our control.
4.3.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
allowing you cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
5.0 Things you will need to do or should do
5.1 You should remove any items from the areas in the Vehicle where we will be performing the Services by the date or time when we are due to start performing the Services and ensure (as far as possible) that the vehicle is in a watertight, rust free condition.
5.2 You will allow us access to the Vehicle at the dates and times we and you agree when we will perform the Services.
5.3 If you want the Vehicle to be reclassified as a Motorhome with the DVLA please notify us in advance. Whilst we will endeavour to meet their requirements, the ultimate decision lies with the DVLA and we cannot be held responsible for any decision made by the DVLA.
5.4 You should remove any items/furniture in the Vehicle before commencement of the Services that you wish to retain that do not form part of the conversion. Any items/furniture that is required to be removed in order to provide the Services, that have been left in the Vehicle (for example back passenger seats or any internal racking), will be legally disposed of by us.
5.5 You should ensure that your Vehicle is sufficiently insured against loss or theft
5.6 Whilst every effort will be made to install fittings to industry standards, all gas and electrical systems should be checked by a suitably qualified technician before commissioning
6.0 Some restrictions and assumptions
We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any measurements we make or provide.
7.0 Price and payment
7.1 Our charges based on an estimate
7.1.1 We normally provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 30 days from the date they are given.
7.1.2 As we provide an estimate there can be times when we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or
when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different from what we agreed before we started performing the Services and that we could not reasonably foresee this before we started performing the Services.
7.1.3 Where the amount of work involved is greater than that stated in an estimate (as set out in clause 7.1.2) then following will happen:
if the amount of extra time we need to spend to finish performing the Services will mean that the extra amount payable by you will not exceed 20% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement; or
otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
it is not possible to contact you within a reasonable time, or
it is not safe not to carry out and finish performing the Services (for example, your goods or Vehicle may be left in a dangerous condition or unprotected from theft if the Services are not completed.
7.2 Our charges based on time spent
If we charge for our Services on a time basis. We charge a daily rate which will be specified on your estimate
7.3 When payment is required
7.3.1 Services: Payment for our Services is normally made in one of 3 ways:
at the time we finish performing the Services; or
a deposit when you and we enter into the contract and the balance when we finish performing the Services; or a deposit when you and we enter into the contract; prompt payment of any bills we send to you during the period of the contract, which will be for any Services we have performed up to date of the bill; and the balance when we finish performing the Services.
Which option we will use will be indicated on the estimate
7.3.2 Materials: If we need to buy Materials in order to perform the Services then we require you to pay for them in advance of when we need to buy them
7.4 Late payment
You need to pay any amounts due at the time we provide to you a bill for those amounts (or where we need to purchase Materials in order to perform the Services at short notice or deal with an emergency, then without a bill). If you fail to pay any amount due to us at the time it is due then we may:
7.4.1 charge you interest (at Lloyds base interest rate plus 3% on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 days from the date of our invoice or when we asked you first to pay them; and/or
7.4.2 if the amounts not paid represent more than 30% of the total value (or the estimated total value) of the Services we are to perform for you, suspend performing the Services until you make payment.
7.5 Refusal of payment
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
8.1 Some materials, when they are manufactured or made, have inherent imperfections or variations. We will not be in breach of our obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose, where there is an inherent imperfection or variation caused by their making, manufacture or construction.
8.2 If specified in the estimate or as agreed by you and us we will purchase materials and goods for use in providing the Services.
8.3 Until we receive full payment for the Materials we shall own the Materials.
8.4 If you wish to supply any materials or goods, then we will not be liable as regards whether they are of satisfactory quality or fit for the purpose to which they are to be used.
8.5 If you have any particular or special purpose(s) for, or for the use of, the Materials please let us know before we start using the Materials. Preferably you should let us know about these purpose(s) in writing.
8.6 In the following circumstances we may need to charge for the time we take (including travel time) to purchase Materials:
8.6.1 we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
8.6.2 where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
8.6.3 whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we will normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We will normally charge for the travel time at our normal day rate. If the Materials are not available from a local supplier, we normally order the Materials and return on another occasion to continue to perform the Services. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.
We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials.
For example if we were to strip a van and find excessive rust within the body work damage we may advise remedial work which could incur further Material costs.
9.0 Deviations from what we have agreed to do for you
In limited circumstances we will need to provide different or no Services to you. This will be usually where the following occurs:
9.1 an issue or problem becomes apparent or is revealed when we start performing the Services which we could not have reasonably foreseen at the time we provided the estimate and means that it is not safe for us to continue working; or
9.2 we are instructed or informed that the Services we are performing are no longer required
10.0 Cancellation by you
10.1 Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
10.2 If we agree to cancel then you will be responsible for the cost of:
10.2.1 any of our time in performing the Services up to the date we stop providing the Services;
10.2.2 any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).
10.3 In the circumstances stated in clause 10.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
10.4 If you:
10.4.1 purport to cancel the contract; or
10.4.2 give notice purporting to cancel; or
10.4.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,
we do not have to accept your cancellation except as provided in clause 10.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained, and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained
11.0 Limitation and exclusion of liability
11.1 In the rare circumstance that damage is caused to the Vehicle which results from the negligent performance of the Services then we will carry out such work as is necessary to rectify the damage.
11.2 Where the damage is caused by the performance of the Services and where the damage is an unavoidable part of performing the Services, then we will either rectify the damage or offer a sum by way of compensation. For example cabling is required to be laid under an existing floor it may not be possible to do this without causing some damage to the floor.
11.3 If we are required to provide Services which involve working with, adding to, changing, or installing, goods or installations then we expect that goods or installations in place at the Vehicle will be in good working order or in good condition. We will not be liable or responsible for damage to such installations caused during the performance of our Services, except where any damage is the result of the negligent performance of the Services.
12.0 Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
12.1 we need to do so in order to comply with changes in the law or for regulatory reasons;
12.2 we need to correct any errors or omissions (and the right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
We may sub-contract or delegate some or all of the performance of the Services, but we will still continue to be responsible for the performance of the Services and our obligations under this contract
14.0 Contacting each other
If you wish to send us any notice or letter then it needs to be sent by email to firstname.lastname@example.org If we wish to send you a letter or notice we will use the email address or phone number you have previously provided to us.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
16.0 Law and jurisdiction
This contract shall be governed and construed by English Law and you and we agree to submit to the jurisdiction of the courts of England and Wales.