Privacy Information

Terms and Conditions of Order and Supply

1. Definitions

1.1 Bortram Ltd, Westwood House, Neston Rd, Thornton Hough, Wirral, CH64 7IL 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.
Bortram Ltd
Westwood House, Neston Rd, Thornton Hough, Wirral, CH64 7IL