Terms & Conditions of Sale UK

Big Sky Leisure Limited (the “Company”) hereby offers its products for sale to Customers, upon the following terms and conditions. The Company may revise these conditions of sale at any time. Customers hereby expressly agree that the terms and conditions contained herein shall govern the contract of sale between Company and Customer. In the event of a difference in terms between this document and any Customer-drafted ordered document, the terms and conditions herein shall nevertheless still govern and control the terms of sale.  

A. GENERAL CONTRACT TERMS & CONDITIONS 

1. Company agrees to honour all price quotations for 30 days (subject to the availability of the goods at the date of acceptance of order or Confirmation by Company). 

2. Order Acceptance by the Customer must be by way of an unqualified acceptance of our written quotations and its contents, terms and conditions. Descriptions, illustrations, specifications, drawings and particulars of weights and dimensions contained in our catalogues, advertisements and other literature are approximate only. 

3. Any amendment of these conditions of sales shall not be valid, unless and until expressly agreed by the Company, in writing. 

4. No binding contract of sale shall exist unless and until the Company’s written Confirmation of the Customers Order is sent by the Company and then received back signed by the Customer. 

5. Customers acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers acceptance of the conditions. 

B. CHANGES IN PRODUCT SPECIFICATIONS. 

1. The company reserves the right to make changes in its products at any times without notice, including changes in the materials, dimensions, colours, and design of our products and such changes shall not affect the validity of any contract, so long as such variations and modification do not adversely affect in any material way the performance of the products, or the overall quality of the product. Dimensions quoted are estimates. 

C. COMPLAINTS AND WARRANTY 

1. In lieu of all warranties conditions or liability implied by law our liability in respect of any defect in goods or for any loss, injury or damage attributable thereto shall be limited to, at the Company’s option, (I) the supply of any new goods in exchange of defective goods, or (ii) repair at the Company premises of defective goods or, (iii) payment of value of defective goods. Save as aforesaid and without prejudice thereto the Company shall not be liable for consequential loss or other damages howsoever arising. 

2. Further, we shall not be liable: (I) Unless claim is detailed in writing within 12 months of invoice date; (ii) To accept return of goods until we have examined them; (iii) Unless goods supplied are installed and demonstrated at the time of installation by the Company or installed as advised by the Company 

3. In respect that our goods include design and artistic work, not capable of precise definition, our obligation to supply goods to customers order is limited to supplying goods reasonably in compliance with any specification forming part thereof. We reserve the right to substitute colours without prior notice. 

4. It is understood that our goods have a limited life, the length of which is determined according with the amount of use; Consequently goods used extensively will not last as long as goods used occasionally; Customer accepts that he has no claim by reason of goods deteriorating through use. Play items fitted on an inflatable bed are subjected to abnormal wear and will not be the subject of a liability of any nature by the Company. 

5. Any defect arising from misuse, abuse or by disregard of the Companies operations instructions will automatically invalidate all guarantees and warranties. 

6. Rubber heads, horns & ears, bull hide, grab ropes; jack plug & socket for connections, carpet base, graphics & artwork are not covered by the warranty. 

7. All goods returned to the Company for work under guarantee or work undertaken at the customer’s request and at his cost shall be returned in a clean and dry condition properly rolled and / or packed. Should the Company judge that the goods are not in fit condition as to cleanliness, the customer will bear all costs of putting such goods in fit condition by removing them for cleaning or providing labour or at the cost of labour to put the goods in fit condition. The customer will pay for transport for goods returned and redelivered for repair work to the Company at our premises at cost. Whether under guarantee or on commissioned repair. 

D. PRICES/PAYMENT 

1. Unless agreed to in writing or otherwise, all prices quoted are for goods Ex Works Harrogate, UK.  

2. The Company reserves the right to change prices, in the event of fluctuations in the cost of labour, materials, currency exchange rates, or import duty, which occur in the course of manufacturing the goods. 

3. A 50% deposit is payable with the order, unless otherwise stated in writing. 

4. Balance of the price to be paid and cleared funds prior to dispatch  

5. Prices exclude VAT where applicable. Unless otherwise stated in writing 

6. The deposit is not refundable  

7. The equipment remains the property of the Vendor until such time all the money due for the purchase of the said equipment is received and until such time the customer is expressly prohibited from selling, parting with possession, charging, hiring or otherwise disposing of the equipment If, nonetheless, the customer acts in breach of this clause he should be deemed to do so as a fiduciary agent of the Vendor. Furthermore, until such money is received, the Purchaser is under obligation to keep the equipment in good condition and in full working order. In the event of any failure by the Purchaser to pay the Vendor any sums due in respect of the said equipment in accordance with the agreed terms, or in the event of any other breach by the Purchaser of these terms and conditions or in the event of bankruptcy before final payment, the Vendor shall be entitled forthwith to retake possession of the equipment. 

8. Although the above clause exists, the Purchaser is still responsible for the money (equal to the price of the equipment) should the equipment be damaged or destroyed or become unusable due to changes in the law or the imposition of taxes or any other reason the Vendor may have not wishing to repossess the equipment. Any money paid as deposit, or otherwise, towards the purchase of the equipment shall be forfeited if repossession of the equipment by the Vendor or his appointed agent, takes place due to non-settlement of the outstanding balance. 

E. DELIVERY 

1. Delivery dates are an indication of endeavour to comply, but not guaranteed and are not the essence of any contract. 

2. Deliveries by road, rail, air or sea will be charged for at cost. The Customer is responsible for goods in transit insurance for all equipment. 

3. Risk in goods passes to the Customer at the time of dispatch; thereafter the Customer shall affect all reasonable insurance. 

4. Save as aforesaid and without prejudice thereto the Company shall not be liable for consequential loss or other damages howsoever arising. 

5. All customers must examine all goods/packages for any breakages prior to signing the receipt of shipping document. If any breakages are found you must notify the Company and the shipping line immediately. Failure to do so may invalidate any claim for damages. 

 F. EXPORT/IMPORT  

1. Contract is subjected to our obtaining any necessary export permissions. 

Customer is bound to obtain all necessary import permissions, failing which customer is in breach. 

Prices exclude import duties, taxes, landing, warehousing etc. Unless otherwise stated. 

Unless otherwise stated, all payments/outstanding balances are due payable before dispatch. 

G. COPYRIGHT 

All drawings, designs, brochures & promotional material. prepared by us remain our property, and must not be reproduced in any manner without our permission in writing; In providing any specification or description to us for manufacture the customer binds himself to indemnify us completely should manufacture in accordance therewith infringe the rights of any person. 

7. TRADEMARK 

We reserve the right to display our trademark on all our products, and action will be taken against anyone removing or defacing such trademarks. 

8. LAW 

This agreement shall be made and take effect as a contract made in England and in accordance with the laws of England and the customer hereby submits to the jurisdiction of the High Court of Justice in England. 

Dealers and Distributors are not agents of the Company and have absolutely no authority to bind the Company by any expressed or implied undertaking or representation.