1 DEFINITIONS
You: the person, firm or company who purchases the Vehicle from us.
Us/we: Whitby Specialist Vehicles Limited, a company registered in England and Wales under company number 01095664 and whose registered office is at Fourth Avenue, Weston Road Industrial Estate, Crewe, Cheshire CW1 6TT.
Contract: any contract between you and us for the sale and purchase of a Vehicle, incorporating these Terms and Conditions of Sale and the Production Order Form.
Factory: means our factory at Fourth Avenue, Weston Road Industrial Estate, Crewe, Cheshire CW1 6TT.
Part Payment: has the meaning given to it in clause 3.3.
Price: the price payable for a Vehicle.
Order Form: means the document detailing the final build specification for your Vehicle.
Vehicle: the Vehicle agreed in the Contract to be supplied to you by us (including any part or parts of them).
Vehicle Chassis: the chassis to be used as the base for the Vehicle as set out in the Order Form.

2 APPLICATION OF TERMS
2.1 Subject to any variation under clause 2.2, the Contract shall be on these Terms and Conditions of Sale to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order,
confirmation of order, specification or other document).
2.2 These Terms and Conditions of Sale apply to all of our sales and any variation to these Terms and Conditions of Sale and any representations about the Vehicles shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. Nothing in this clause shall exclude or limit our liability for fraudulent misrepresentation.
2.3 No order placed by you shall be deemed to be accepted by us until a written acknowledgement of order is issued by us. You must ensure that the terms of your order and any applicable specification are complete and accurate.

3 PRICE AND PAYMENT
3.1 Subject to clause 3.2, the Price for the Vehicle is the price for the Vehicle as described and agreed at the date of order.
3.2 We may vary the Price after the date of order if:
(a) the rate of VAT or road fund license changes, in which case the rate current at the date of collection will apply;
(b) the manufacturer of the Vehicle Chassis (e.g. Mercedes) increases their prices, in which case the price of the Vehicle Chassis as at the date of its delivery to you will apply; and/or
(c) a variation in the currency exchange rate results in the price payable by us for equipment supplied by third-party manufacturers increasing, in which case the Price shall be increased to take account of such increase.
3.3 You must make a non-refundable part payment of the Price at the date of order (the “Part Payment”). The amount of the Part Payment is at our discretion, but will usually be one third of the total Price inclusive of VAT. Receipt of the Part Payment will confirm your acceptance of these Terms and Conditions of Sale. No order will be processed without receipt of the Part Payment.
3.4 The balance of the Price must be paid in full prior to collection of the completed Vehicle. Payment must be made by bank transfer, card or cash. If we have agreed that you may pay by cheque then this must be received a minimum of seven days before the Collection Date. In any event the Vehicle will not be released to you until full payment of the Price has been received with all funds cleared into our account.

4 COMPLETION OF ORDER
4.1 If the manufacturer of the Vehicle Chassis (e.g. Mercedes) ceases production of the particular chassis you have requested we will contact you to offer an alternative. The Price as at the date of delivery of the Vehicle Chassis to us will apply as in clause 3.2. If we are unable to supply an alternative or if we cannot agree an alternative with you we may cancel this Contract immediately on written notice to you.
4.2 If we are unable to supply any accessory (factory fitted or otherwise) which you have ordered we will contact you and at our option offer you the opportunity to substitute a reasonable equivalent or to delete this accessory from the agreed specification and adjust the Price accordingly. You shall have no claim against us in respect of failure to
supply any accessory and shall not be entitled to cancel the Contract.

5 DELIVERY
5.1 We will inform you when the Vehicle is ready for collection and you must pay the Price less initial Part Payment in accordance with clause 3.4 and take delivery of the Vehicle within 14 days of being so informed. Unless otherwise agreed by us in writing, delivery of the Vehicle will take place at our Factory.
5.2 Any dates specified by us for delivery of the Vehicle are intended to be an estimate and time for delivery shall not be made of the essence by notice. In the event of any delay we will contact you to advise a revised estimated delivery date.
5.3 Subject to the other provisions of these Terms and Conditions of Sale, we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Vehicle (even if caused by our negligence). We will deliver the goods within the estimated delivery period agreed with you. If we cannot deliver within that period, a new reasonable deadline for delivery will be mutually agreed. If we fail to deliver within that extended period, you will be entitled to cancel the contract and receive a full refund.
5.4 If for any reason you fail to accept delivery of the Vehicle when it is ready for collection:
(a) risk in the Vehicle shall pass to you (including for loss or damage caused by our negligence);
(b) the Vehicle shall be deemed to have been delivered; and
(c) we may store the Vehicle until you collect it, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).5.5 The Vehicle will be registered in accordance with the registration date stated on the Production Order Form. This registration date may only be changed if both parties expressly agree in writing. Any variation to the agreed registration date that is not confirmed in writing and signed by both parties shall be invalid.

6 RISK AND OWNERSHIP
6.1 Ownership of the Vehicle will not pass to you until you have paid the Price in full. Subject to clause 5.4, risk in the Vehicle will pass to you once you have collected it from the Factory and you should insure the Vehicle accordingly.

7 USE OF VEHICLE
7.1 You warrant that you do not intend to resell the Vehicle for commercial purposes before delivery. If we discover before delivery of the Vehicle that this warranty is untrue, we may give you notice cancelling the contract.

8 CANCELLATION
8.1 We may cancel this Contract immediately on written notice if:
(a) you are in breach of any of its terms; or
(b) your financial position is such that either you, your directors, shareholders or creditors take or are entitled to take steps to institute formal insolvency proceedings with respect to you of a type provided for by the Insolvency Act 1986 (or any similar or analogous legislation, whether under English law or otherwise), including without limitation administration, liquidation, administrative receivership, receivership, voluntary arrangement, scheme of arrangement or bankruptcy, or if the you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
(c) you are abusive or behave inappropriately towards our staff.
8.2 We may cancel this Contract for our convenience immediately on written notice at any time.
8.3 In the event of cancellation of this Contract under clauses 4.1, 5.3, 7.1 or 8.1:
(a) if work on the Vehicle has not commenced, we will refund to you the Part Payment less any costs incurred by us in relation to your order;
(b) if work on the Vehicle has commenced, we will endeavour to sell the Vehicle to another person. Within 7 days of the date of sale we will give you a statement showing the sales price and any additional costs we have incurred in reselling the Vehicle. We will refund the balance of your Part Payment, after deducting the amount we have lost in reselling the Vehicle (i.e. any reduction in sales price and any additional costs of resale). If we are unable to sell the Vehicle, we will refund to you the Part Payment less any costs we have incurred in working on your order. If our costs under clauses 8.3(a) or 8.3(b) are greater than the Part Payment, you will be liable for the excess.
8.4 In the event that we cancel the Contract under clause 8.2, we will refund your Part Payment in full.
8.5 In the event that we cancel this Contract then our total liability to you shall be for a refund of all or part of the Part
Payment in accordance with this clause 8, and we will not be liable for any claim for compensation of any description.
8.6 If you have supplied your own Vehicle Chassis or any other equipment to us free issue for use in the Vehicle, we will make such Vehicle Chassis or equipment available for collection by you (at your cost) from our Factory within 14 days of the date of cancellation.

9 QUALITY
9.1 All new bodywork, fittings, refrigeration equipment and paintwork as supplied by us (the “Warranted Goods”) will benefit from twelve months warranty from the date of collection on the terms of this clause 9.
9.2 We warrant that (subject to the other provisions of these Terms and Conditions of Sale) for a period of 12 months from the date of collection, the Warranted Goods shall:
(a) We supply goods to you in accordance with your statutory rights under the Consumer Rights Act 2015, including that the goods will be of satisfactory quality, fit for purpose, and as described.; and
(b) comply with the specification set out in the Production Order Form.
9.3 We shall not be liable for a breach of any of the warranties in clause 9.2 unless:
(a) you give written notice of the defect to us within 12 months of the date of collection;
(b) you return the Vehicle to our Factory at your own expense to enable us to examine the Vehicle and, if there is a breach of any of the warranties in clause 9.2, carry out any required repairs.
9.4 We will not be liable for a breach of any of the warranties in clause 9.2 if:
(a) you make any further use of the Warranted Goods after giving notice under clause 9.3; or
(b) the defect arises because you have failed to follow our oral or written instructions as to the storage, installation,
commissioning, use or maintenance of the Warranted Goods or (if there are none) good trade practice; or
(c) the defect results from fair wear and tear; or
(d) you alter or repair such Warranted Goods without our written consent.
9.5 Subject to clauses 9.3 and 9.4, if any of the Warranted Goods do not conform with any of the warranties in clause 9.2 we will repair such Warranted Goods or, at our option and expense, engage a third party to carry out such repairs.
9.6 If we comply with clause 9.5 we shall have no further liability for a breach of any of the warranties in clause 9.5 in respect of such Warranted Goods.
9.7 Any repaired or replacement Warranted Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
9.8 The Vehicle Chassis will be covered by the Vehicle Chassis manufacturer’s warranty (if any) and we will endeavour to transfer to you the benefit of such warranty. We will issue you with the relevant service and warranty booklets on the date of collection. We shall have no liability whatsoever to you in respect of the Vehicle Chassis and any claim related to the Vehicle Chassis should be referred to your nearest chassis dealer or distributor.
9.9 No warranty under this Contract will apply to any Vehicle Chassis or equipment you have supplied free issue to us and we shall have no liability to you in respect of such Vehicle Chassis or equipment.

10 LIMITATION OF LIABILITY
10.1 Subject to clauses 5 and 9, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of this Contract;
(b) any use made by you of the Vehicle; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 If you are a consumer, your rights in relation to goods are set out in the Consumer Rights Act 2015. If you are a business customer, your rights are governed by the Sale of Goods Act 1979
10.3 Nothing in this Contract excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
(c) for fraud or fraudulent misrepresentation.
10.4 Subject to clauses 10.2 and 10.3:
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price; and
(b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
(c) In the event that any part we sell to you is defective, our liability to you for such defective part(s) will be limited to the replacement of the defective part(s) or a refund of the purchase price. In no circumstances will we be liable to you for any consequential or indirect loss or any loss of profit or loss of business which result from any part(s) being defective.

11 INTELLECTUAL PROPERTY RIGHTS
11.1 All intellectual property rights in the design of the Vehicle (other than those belonging to third party suppliers of the Vehicle Chassis or other parts included in the Vehicle) are owned by us, and you warrant that you will not copy or assist in the copying of our intellectual property rights.

12 GENERAL
12.1 You must promptly provide us with any information required by us in connection with money laundering legislation and you warrant the accuracy of such information.
12.2 You may not assign the Contract or any part of it without our prior written consent.
12.3 Each of our rights or remedies under the Contract is without prejudice to any other rights or remedies whether under the Contract or not.
12.4 If any provision of the Contract is found by any court to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.5 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract. Any waiver by us of any breach of, or any default under, any provision of the Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
12.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.

13 NOTICES
13.1 All formal communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email (a) (in case of communications to us) to our registered office; or (b) (in the case of communications to you) to your registered office (if you are a company) or (in any other case) to any address for you set out in any document which forms part of the Contract or such other address as shall be notified to us by you. Communications if delivered by hand shall be treated as received when delivered; if sent by first class post 48 hours after posting. Any communications that are delivered out of business hours (between 09.00hrs and 17.30 hrs Monday to Friday, excluding bank holidays) shall be deemed delivered within business hours on the next business day (Monday to Friday, excluding bank holidays).

14 MONEY LAUNDERING
The Proceeds of Crime Act 2002 and the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (as amended) require us to obtain proof of identity and other information from clients for whom we act in connection with relevant business. Accordingly, we may ask you to provide the necessary details and documentation.

In certain circumstances, we are legally obliged to make a report to the National Crime Agency (NCA) if we know or suspect that money laundering or terrorist financing may be involved in a transaction. The law prohibits us from notifying you if such a report has been made.

15 DEFINITIONS
15.1 Part(s): means any spare part, accessory or component supplied by us other than as part of a Vehicle sale.
15.2 Online Sales: means sales of Part(s) made through our website or other online sales platforms.

16 APPLICATION OF TERMS
16.1 These Terms and Conditions shall apply to all sales of Part(s), whether purchased in person, by telephone, or via Online Sales, in addition to the general provisions above.
16.2 In the event of any conflict, the provisions of this section shall take precedence with respect to Part(s).

17 PRICE AND PAYMENT
17.1 Prices for Part(s) are those set out at the time of order.
17.2 We reserve the right to vary the price of Part(s) where the manufacturer increases prices or currency exchange fluctuations apply.
17.3 Payment for Part(s) must be made in full at the time of order, unless expressly agreed otherwise.

18 DELIVERY OF PARTS
18.1 Delivery charges and timescales for Part(s) will be notified at the time of order.
18.2 Risk in the Part(s) passes to you upon delivery. Title in the Part(s) will not pass to you until payment in full has been received by us.
18.3 Any delivery dates given are estimates only. We shall not be liable for any loss arising from late delivery.

19 WARRANTY FOR PARTS
19.1 New Part(s) will benefit from a twelve-month warranty from the date of delivery, subject to the exclusions below.
19.2 Used or reconditioned Part(s) are sold “as seen” and without warranty unless expressly confirmed in writing.
19.3 We will not be liable for defects arising from fair wear and tear, incorrect installation, misuse, or failure to follow instructions.

20 RETURNS AND CANCELLATION
20.1 For Online Sales, if you are a consumer you have the right to cancel within 14 days of delivery, in accordance with the Consumer Contracts Regulations 2013.
20.2 You must notify us in writing if you wish to cancel, and return the Part(s) at your own cost, in their original condition.
20.3 Refunds will be made within 14 days of our receipt of the returned Part(s).
20.4 This right to cancel does not apply to bespoke or special-order Part(s).
20.5 For business customers, returns are accepted at our sole discretion.

21 LIMITATION OF LIABILITY (PARTS)
21.1 Our liability for defective Part(s) shall be limited to replacement of the Part(s) or a refund of the purchase price.
21.2 We shall not be liable for any consequential or indirect losses, including loss of profit or business, arising from defective or delayed Part(s).

22 GENERAL
22.1 All other provisions of the Terms and Conditions of Sale shall apply mutatis mutandis to Part(s) where relevant.

23 DEFINITIONS
23.1 Repair Work: means any maintenance, repair, servicing, or inspection of a Vehicle or its refrigeration equipment carried out by us.
23.2 Job Sheet: means the written record of work to be undertaken, agreed between you and us before commencement.

24 APPLICATION OF TERMS
24.1 These Terms and Conditions apply to all Repair Work in addition to the general provisions above.
24.2 In the event of any conflict, this section shall take precedence for Repair Work.

25 ESTIMATES AND SCOPE OF WORK
25.1 Any estimate is provided in good faith but does not constitute a fixed price unless confirmed in writing.
25.2 We may notify you if additional work is required. Such work will only be undertaken with your agreement.

26 CUSTOMER VEHICLES AND EQUIPMENT
26.1 Vehicles left with us remain at your risk and must be insured by you.
26.2 We shall not be liable for loss or damage to any vehicle or its contents except where caused by our negligence.

27 WARRANTY FOR REPAIR WORK
27.1 We warrant our workmanship for a period of 6 months from the date of completion.
27.2 Any new Part(s) supplied as part of Repair Work will benefit from the warranty stated in clause 19.
27.3 No warranty is given for used or customer-supplied parts, or for faults not directly related to the Repair Work undertaken.

28 LIMITATION OF LIABILITY
28.1 Our liability in respect of Repair Work shall be limited to re-performing the Repair Work or refunding the cost paid.
28.2 We shall not be liable for any indirect or consequential losses, including loss of profit, loss of business, or interruption of trade.

29 PAYMENT AND LIEN
29.1 Payment for Repair Work must be made in full on completion and before release of the Vehicle, unless agreed otherwise.
29.2 We shall have a lien over the Vehicle until payment in full has been received.

Ordering & Payment

• Pay a Part Payment (usually one-third) to confirm your order.
• Balance must be paid before collection.

Delivery

• We aim to deliver by a mutually agreed date
• If delays happen, we’ll agree a new date. If we can’t meet that, you can cancel and get a full refund.

Ownership & Risk

• Vehicle becomes yours only after full payment.
• Risk passes to you once collected, so insure it from that point.

Cancellations

• If you cancel after work has started, we’ll refund your Part Payment minus costs.
• If we cancel for convenience, you get a full refund of your Part Payment.

Warranties

• Vehicle build: 12 months.
• Chassis: Covered by manufacturer’s warranty.
• Parts: New = 12 months; Used = no warranty unless confirmed.
• Repair work: 6 months guarantee on our workmanship.

Returns (for Parts only)

• Online consumer sales: 14 days to cancel and return (excl. special orders).
• Business returns: by our discretion only.

Liability

• Our maximum liability is limited to the purchase price.
• We’re not liable for indirect losses (like lost profits).

Last Updated: 07 October 2025