Ex-Display Purchase Contract Terms & Conditions
This Ex-Display Purchase Contract ("Agreement") is entered into on the date when both parties agree on the purchase of the product, either verbally or in writing ("Effective Date"), between the "Customer(s)" and Tiny House Pro Ltd ("Supplier"), located at Cuffley Place, Sopers Road, Cuffley, EN6 4RY, individually referred to as the "Party," and collectively as the "Parties." The term "Product(s)" refers to the Tiny Houses provided by the Supplier, classified as "caravans" under the Caravan Act.
1. Purchase
1.1. The Customer agrees to purchase the Ex-Display Model, as displayed at the show/exhibition attended, from the Supplier on the basis of "Sold as Seen."
1.2. The Ex-Display Tiny House will be sold at an agreed price, inclusive of VAT and any extras agreed upon and noted at the time of sale.
2. Payment
2.1. The Customer agrees to pay the Supplier for the Ex-Display Tiny House provided. The total fee, as agreed, is inclusive of VAT at 5%, delivery to the site (except where not agreed), and any agreed extras. Payment shall be made according to the following schedule:
[Payment Schedule as agreed between the Parties: Total Cost of Product as agreed, with an initial deposit of 50% or more if required, paid upon agreeing to the Construction Agreement. A second and final payment of the balance shall be made 48 hours prior to the delivery date or on an agreed date, but before delivery.]
2.2. The Supplier shall submit an invoice to the Customer, except for the initial deposit. Invoices shall be paid within 24 hours from the date of the invoice unless otherwise stated. Payments may be made by electronic transfer (BACS) to the following account:
Beneficiary: Tiny House Pro Ltd Sort Code: 04-00-75 Account Number: 85344532
3. Delivery & Site Preparation
3.1 Access to Site
The Customer must ensure adequate access to the Site for a truck, HIAB, or larger vehicle to enter and complete the unloading of the Tiny House. If additional provisions are needed, such as a crane or road closures, these must be communicated to the Supplier at least 7 working days before the scheduled delivery, with any additional costs borne by the Customer.
3.2 Site Suitability
If upon arrival, the Supplier discovers that the land is not fit for siting due to reasons such as improper access, overhead cabling, narrow roads, or undisclosed barriers, the Customer will be responsible for any incurred costs, including additional labour, delivery time, storage, and redelivery of the Product.
3.3 Site Preparation
The Customer is responsible for preparing their land/plot for the delivery of the Product to allow proper siting. This includes providing suitable land with a hardstanding/concrete slab or adequate measures to prevent sinking into the ground over time.
3.4 Amenity Connections
After delivery, the Customer is responsible for all amenity connections, including water, electrical, and suitable land preparation. Tiny House Pro Ltd accepts no responsibility for damage or issues resulting from improper siting or insufficient support.
3.5 Estimated Delivery Dates and Rescheduling
Delivery dates provided are estimates and subject to change. The Supplier will confirm the delivery date in writing. The Customer may request to change the delivery date with at least 7 working days' notice. Failure to notify within this timeframe may result in additional charges. Unforeseen circumstances beyond the Supplier's control may cause last-minute changes to the delivery schedule, for which the Supplier is not liable.
4. Term
The term of this Agreement shall commence on the Effective Date and continue until the delivery of the Tiny House is completed unless otherwise terminated per the terms of this Agreement.
5. Termination
5.1. Both Parties (the "Terminating Party") relinquish their rights to terminate this Agreement. Termination rights shall no longer be applicable to the customer as the purchase is based on ‘Sold as Seen’. Any payment or instalment made by the Customer shall not be refundable once the Agreement has commenced.
5.2. Should the Supplier, for any unforeseen reason, elect to terminate this Agreement, the Supplier is obligated to reimburse the Customer for any payments made by the Customer towards Services that the Supplier has not yet performed or delivered.
5.3. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been received.
6. Relationship of the Parties. No Exclusivity
The Parties understand that this Agreement is not an exclusive arrangement. The Parties agree they are free to enter into other similar agreements with other parties. The Supplier agrees that they will not enter into any agreements that conflict with the Supplier’s obligations under this Agreement.
7. Dispute Resolution
7.1. Choice of Law. The Parties agree that this Agreement shall be governed by British law.
7.2. Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
7.3. Mediation or Binding Arbitration. If a dispute cannot be resolved through negotiation, the Parties agree to submit to binding mediation or arbitration.
7.4. Legal Fees. In the event of Arbitration and/or Mediation, both Parties will be responsible for their legal fees, including, but not limited to, solicitors’ fees.
8. General
8.1. Assignment. The Parties may not assign their rights and/or obligations under this Agreement.
8.2. Complete Contract. This Agreement constitutes the Parties' entire understanding of their rights and obligations. It supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
8.3. Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.
8.4. Waiver. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing. If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.
8.5. Notices. All notices under this Agreement must be sent by email with a read receipt requested or by certified or registered mail.
9. Warranty
9.1. Warranty Coverage and Duration. The Supplier offers a standard 2-year warranty for workmanship on all tiny homes. 'Workmanship' encompasses all components installed or fitted by the Supplier, including but not limited to plumbing systems, electrical installations, solar setups, and the overall structural integrity. For items provided by a third-party manufacturer, the respective manufacturer's warranty will apply.
9.2. Ordinary Wear and Tear. The Customer is liable for any issues to the ‘Product’ that are not a result of normal wear and tear. 'Normal wear and tear' refers exclusively to the natural deterioration of the equipment due to appropriate, reasonable, and proper use. Damages or issues not considered as 'normal wear and tear' include, but are not limited to: damage from excessive or improper relocation of the structure, overloading or surpassing rated capacities, breakage, misuse of the ventilation system and air conditioning unit leading to excessive condensation, insufficient cleaning, or contamination of equipment and appliances by foreign materials. Such damages or issues are not covered by the warranty.
9.3. Warranty Claim. Should the Customer have an issue with the ‘Product’, the issue must be made clear in writing via email or letter, with photos and/or video evidence to explain the issue, in order to arrange a time to fix the issues raised within a reasonable timeframe. Upon receipt of the warranty claim, we will have 7 days to check the issue with our internal team. No later than 7 days, the Supplier will respond with an email explaining the issue, our remediation steps, and if a contractor is required, then we will contact our tradespeople or local tradespeople. We will endeavour to have a tradesperson investigate the issue within 14 working days. Upon the scheduling of the tradesperson’s visit, we will hire a suitable person to remediate the work within 10 working days after their initial visit. The Supplier will cover the costs of the fault/issue and pay the 3rd party contractor directly upon a contractor being appointed. If there are delays in finding a suitable contractor, due to unforeseen circumstances, then the Supplier will work towards a reasonable solution to the issue.
9.4. Warranty Voiding. Should the Customer not adhere to our standard site preparation guidelines or proper usage of the ‘Product’, then the Warranty may be void due to the following:
12. Consolidation
The Parties agree to the terms and conditions set forth above, as demonstrated by their exchange of payment.