Terms & Conditions

Kaktus Vans Ltd. Terms and Conditions

For the purposes of this document, any reference to ‘we’ refers to Kaktus Adventure Vans Ltd. and any reference to ‘you’ refers to the Client. The terms and conditions in this document reflect the common business practices of Kaktus Adventure Vans Ltd., which apply unless other arrangements are made in writing.

FORMATION OF CONTRACT

All Goods sold by the Company are subject to the Company’s standard terms and conditions (as detailed below), which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or another similar document shall not be binding on the Company.
Prices are quoted inclusive of value-added tax, where applicable. The price will be charged at the rate ruling at the date of supply.

ORDERS

Orders will be deemed to have been placed when an email confirmation has been received from or on behalf of The Client and a refundable deposit has been received.

If you purchase a vehicle, your refundable deposit will secure your purchase.

By paying the refundable deposit to secure a build slot, the Client automatically accepts Kaktus Adventure Vans Ltd’s Terms and Conditions.

COPYRIGHT

Kaktus Adventure Vans Ltd. holds the Copyright on any design, sketch, artwork, or other creative work unless other arrangements are agreed to in writing. Kaktus Adventure Vans Ltd. reserves the right to be the sole fabricator of any product we have designed and to display our work or images of our work, including vehicles before and post-conversion, for portfolio purposes (both in print and online). If the Client does not place the order, Kaktus Adventure Vans Ltd. reserve the right to Copyright any design templates we have drawn up indefinitely.

Kaktus Adventure Vans Ltd. does not design, manufacture or install any product or item free of charge.

DESIGN

Kaktus Adventure Vans Ltd. will book an allocated consultation slot to discuss the design one month before the Client’s build date. The Client can have a full factory tour, meet the team, and gain in-depth insight into how we operate and manage our builds.

Kaktus Adventure Vans Ltd. will submit designs for the Client’s review before the start date. One revision will be allowed in order to satisfy the Client’s needs. Additional design fees may apply if more modifications are required or specifications change significantly during the design process.

The Client (in writing or via down payment) will confirm approval of a final design drawing before fabrication work begins.

A slight colour variation between the submitted design and the completed work is expected because of differences in computer screens (colour calibration, etc.). Kaktus Adventure Vans Ltd. will make the closest match within the limits of our current suppliers.

PAYMENTS

• To secure your build slot and reserve your van, we ask for a fully refundable & transferable deposit of £10,000 (we’re typically booking 9-12 months in advance)

• To confirm your order, we require a 20% payment of your total build.

• Our normal build time is between 12-14 weeks from the receipt of the van. A further 40% of your total build cost is required when your van is delivered to our workshop.

• The remaining 40% payment is due at least 2 weeks prior to collection. All remaining funds must be cleared with Kaktus Adventure Vans Ltd. before we allow any motorhome to leave our premises.

The Company reserves the right to increase a quoted fee if the Client requests a variation to work agreed upon.
If the cost of the goods as set out on the Order form increases between the date of the order and the estimated date of delivery, we (Kaktus Adventure Vans Ltd.) will notify you (the Client) of the increase, and, if you do not wish to accept the increase, we will cancel the order and return to you any monies paid in full.

Products become the Client’s property only once all monies owed have been paid in full; until this time, we retain the title on all goods supplied.

The balance of the purchase price of the goods needs to be paid before delivery. Delivery will not occur before the date indicated on the order form unless an earlier delivery date is agreed upon.

Costs incurred in the removal, storage and refitting of those products once they have been paid for, whether voluntarily or by court order, will be met by the Client. Kaktus Adventure Vans Ltd. is responsible for the safety of any works until they have been delivered by ourselves or collected by the Client or courier.

Failure to receive an Invoice is not accepted as a reason for missing the payment deadline.

OUR RIGHTS TO MAKE CHANGES

We reserve the right to make minor changes to the products if:
• We must use a different supplier for a variety of reasons. We will endeavour to discuss these changes with you where possible.
• To implement minor technical adjustments and improvements, for example, if a design must change to be more efficient or practical.

UPGRADES

If additional items or upgrades are required, you must put these in writing, and these will be reviewed to see, if possible, to accommodate in the allocated build slot; however, we have the right to refuse these requests. Depending on availability, we can arrange for you to come back later to have additional items added to your motorhome. The cost of these extras will be confirmed nearer the appointed slot time, and prices cannot be held for more than 30 days.

TIMETABLE

Where the Agreement is for the purchase of goods to be ordered from any Manufacturer (e.g. built to order), you and we will agree on an estimated delivery date. We will use our best endeavours to deliver by such date but do not guarantee delivery time. We shall not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery howsoever caused. Kaktus Adventure Vans Ltd. will also not be held responsible for delays related to shipping, customs, stock issues, third-party installations, or other causes beyond our control, including our decision to delay installation due to weather or potential safety issues.

DELAY

If the delay in recommencing performing the Services is excessive, Kaktus Adventure Vans Ltd. will offer the Client the option of either:
• Continuing to wait until Kaktus Adventure Vans Ltd. can recommence performing the Services. or
• Cancel the contract.

If the Client chooses this option, you will only have to pay for any Services Kaktus Adventure Vans Ltd. has performed up to the date of cancellation, and for any Materials, we have a legal obligation to pay. Suppose the Client has made payment(s) to Kaktus Adventure Vans Ltd. in excess; in that case, Kaktus Adventure Vans Ltd. will return the difference within seven days of cancellation.

CANCELLATION

The Client may cancel the order within a cooling-off period of 24 hours from the order’s date and receive any deposit paid back in full.

The Client can cancel the contract or order at any time after the cooling-off period in writing without giving any reason or notice period. At such a time as a written notice to cancel the contract is received by Kaktus Adventure Vans Ltd., an invoice will be issued to the Client for any work completed to date based on a reasonable hourly rate & materials processed & work already undertaken.

Upon cancellation of the contract or order for any reason, the Client must destroy all information supplied by Kaktus Adventure Vans Ltd. on the product, whether in physical or electronic form.

If the Manufacturer ceases to make a vehicle of the type ordered by the Client, we shall return the deposit in full and cancel the Agreement, and Kaktus Adventure Vans Ltd. shall have no further liability.

NON-PAYMENT

In the event of non-payment by the Client, Kaktus Adventure Vans Ltd., at its discretion, may elect to treat the contract or order as cancelled or continue the contract and/or leave products in place as long as it sees fit and seeks continuing or final payment from the Client until the Client cancels the contract or order following these Conditions.
If the Client fails reasonably to take delivery of, or pay for, the goods, Kaktus Adventure Vans Ltd. may cancel the Agreement and:

• Kaktus Adventure Vans Ltd. will be entitled to recover reasonable losses due to the breach.
• Kaktus Adventure Vans Ltd. will be entitled to dispose of the goods as Kaktus Adventure Vans Ltd. may think fit without any liability to you.

CLAIMS

The Client must write claims for defects, damages or shortages no later than ten days after delivery. If no such claim is made, the Client acknowledges that Kaktus Adventure Vans Ltd.’s performance has fully satisfied all terms, conditions, and specifications.

RISK OF LOSS

The risk of loss or damage to the Goods shall pass to the Client upon delivery.

WARRANTY

All builds come with a 24-month warranty for the conversion.

This warranty is a promise to the Client and is non-transferable to another person to whom the vehicle might be sold.

This allows the Client to contact Kaktus Adventure Vans Ltd. to report any concerns.

The warranty will not apply in relation to damage or faults arising due to unreasonable vehicle use or modifications made by you or a third party.

The Client must bring any faults to our attention as soon as you become aware. Continued use where a fault is apparent may invalidate the warranty. As our parts come with a warranty, we will ask you for proof of the damage and may require pictures and part numbers, and we will advise you on how to find these. We may need you to bring the vehicle to assess the damage.

Kaktus Adventure Vans Ltd. will endeavour to rectify any warranty issues as soon as reasonably possible. This work does have to be programmed into our schedule; therefore, we reserve the right to refuse an unannounced drop-in for the work requested.

Following the 24 months, Kaktus Adventure Vans Ltd. can help to facilitate any repairs or faults; however, we will charge an hourly labour rate at this point. Where parts used in the conversion have a longer warranty, we will help liaise with other manufacturers to assist in the replacement or repair of these products. This may include putting you in touch with our suppliers. We are not liable if a parts manufacturer states that the parts or services are not covered under their warranties or if they deem any damage or faults to be caused by user error.

With prior arrangement, Kaktus Adventure Vans Ltd. advises a yearly motorhome service on their premises.

All motorhomes are sold for holiday and recreational purposes only, i.e. the motorhome must not be used as a permanent residence or for hire. Any warranties will be void if the motorhome is used outside the recreational terms.

LIABILITY / DISCLAIMER OF IMPLIED WARRANTIES

Kaktus Adventure Vans Ltd. warrants only that our work will conform to the description contained in the approved final design drawing. Kaktus Adventure Vans Ltd.’s maximum liability, whether by negligence, contracts, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Kaktus Adventure Vans Ltd. be liable for specific, individual, or consequential damages.

CONFIDENTIALITY

Both parties undertake to keep confidential all information which is either designated as confidential by the disclosing party or which is by its nature to be regarded as confidential, whether written or oral, that its respective employees, agents or sub-contractors shall have obtained or received in the course of negotiations or completing the contract.
Disclosing our prices, designs or layouts to our competitors is deemed in breach of the above.

LEGAL ADVICE

The Client should discuss with Kaktus Adventure Vans Ltd. any unclear terms or conditions. Check that all the information provided is accurate and correct. Check that any special arrangements that may have been agreed upon during the sale process are included and detailed on the Order form before signing this Agreement. If in any doubt, the Client should seek independent legal advice before signing this Agreement.

STATUTORY RIGHTS

Nothing in these terms and conditions will affect the Client’s statutory rights relating to either faulty or misdescribed goods or poor-quality services. Contact a local authority Trading Standards Department or Citizens Advice Bureau for more information on these statutory rights.

DATA

Kaktus Adventure Vans Ltd shall keep and use any data relating to the Client in accordance with the provisions of all relevant data protection legislation to process the Client’s order and payment and (unless the Client requests Kaktus Adventure Vans Ltd does not do so), to inform the Client about similar products that Kaktus Adventure Vans ltd provides. The Client may stop receiving this information anytime by contacting Kaktus Adventure Vans Ltd.

GOVERNING LAW

The Laws of England and Wales shall govern this contract, and the parties shall submit to the jurisdiction of the English Courts.