Terms of Service

By purchasing our Products and Services you (the “Customer”) are agreeing to the terms and conditions set out below. Please read them carefully.

As we are a manufacturer and builder of bespoke vehicles, our Products and Services can become very diverse. If any additional product requirements are to be incorporated in your Order, which are not covered by the terms and conditions set out below, new terms and conditions may apply. In such cases, any additional terms will be set out with the relevant Products and Services and those additional terms become part of your Agreement with us.

1    Term

1.1    This Agreement shall commence from the date on which CAV provides the Customer with an Invoice setting out the specific Products and Services ordered with written acceptance of the Order as defined by the signed Order Form.

1.2    The Agreement shall continue in force until the completion and Ex Works delivery of the Products and Services as specified in the Order Form.

1.3    Subsequent to the Ex Works delivery of the Products and Services to the Customer, the accompanying Limited Warranty will take effect and supersede any terms and conditions set out herein.

2    Payment Terms

2.1    Payment of the purchase price for Products referred to in the relevant Order, and where such Order concerns Products or Services which are as yet incomplete at the time of the Order (e.g. Products still to be manufactured), shall be paid by the Customer into CAV’s Account as follows:

          2.1.1    20% within 5 Business Days from the date of the relevant Invoice;

          2.1.2    30% within 5 Business Days from the date of completion of the chassis;

          2.1.3    30% within 5 Business Days from the date of installation of the running gear (referenced as Stage 4 of assembly);

          2.1.4    20% within 5 Business Days prior to Ex-works completion;

          unless otherwise agreed in writing prior to the commencement of this Agreement.

2.2    Payment of the purchase price for Products referred to in the relevant Order, and where such Order concerns Products or Services which are complete at the time of the Order (e.g. Products in CAV’s inventory), shall be paid in full by the Customer into CAV’s Account within 5 Business Days of the relevant invoice.

2.3    The Customer shall pay any amounts due to CAV pursuant to this Agreement free of all forms of set-off, deduction or withholding.

2.4    Payment for Products and Services shall be effected in the currency specified in the Invoice.

2.5    In the event that the Customer fails to comply fully with the provisions of clauses 2.1, 2.2 and 2.3, CAV shall be entitled, without incurring any liability whatsoever, to cancel all Orders in respect of which the relevant Products and Services have not been delivered as at the date of cancellation.

2.6    In the event of the Customer cancelling an Order or part thereof prior to the Acknowledged Delivery Date as it appears on the Invoice, and where such Order concerns Products or Services which were as yet incomplete at the time of the Order (e.g. Products still to be manufactured), CAV shall in addition to and without prejudice to any other remedies available to CAV at law be entitled to payment of a cancellation fee of:

          2.6.1    50% of the total value of the Order if the order is cancelled within 30 days of the Acknowledged Delivery Date;

          2.6.2    30% of the total value of the Order if the order is cancelled within 31 and 60 days of the Acknowledged Delivery Date; and

          2.6.3    15% of the total value of the Order if the order is cancelled within 61 and 90 days of the Acknowledged Delivery Date.

2.7    In the event of the Customer cancelling an Order or part thereof subsequent to the Acknowledged Delivery Date as it appears on the Invoice, and where such Order concerns Products or Services which were as yet incomplete (e.g. Products still to be manufactured) at the time of the Order, CAV shall in addition to and without prejudice to any other remedies available to CAV at law be entitled to payment of a cancellation fee of 50% of the total value of the Order.

2.8    Due to the nature of CAV’s business and the customizable nature of Products typically supplied by CAV, any refunds due to the Customer in lieu of clauses 2.6 and 2.8 will be paid only once the Products have been sold to alternate Customer(s).

2.9    In the event of the Customer cancelling an Order or part thereof prior to the Acknowledged Delivery Date as it appears on the Invoice, and where such Order concerns Products or Services which were as yet incomplete at the time of the Order (e.g. Products still to be manufactured) and specifically where such cancellation is premature, whereby the Customer cancels the Order in the period subsequent to the date of Order and prior to the period defined in 2.6.3, CAV shall in addition to and without prejudice to any other remedies available to CAV at law be entitled to withhold any portion of payment received by CAV which is at the time of the cancellation assigned or distributed in lieu of any procurement which may have been required in order to begin manufacture of the Products or provision of the Services. The remaining amount will be refunded to the Customer to the extent that such a residue exists.

2.10    In the event of the Customer cancelling an Order or part thereof, where such Order concerns Products or Services which were complete (e.g. Products in CAV’s inventory) at the time of the Order, CAV shall in addition to and without prejudice to any other remedies available to CAV at law be entitled to payment of a cancellation fee of 20% of the total value of the Order.

2.11    Any amounts outstanding in terms of this Agreement shall accrue interest at 2% per annum above the ruling prime rate of interest offered by First National Bank on any balance outstanding from time to time, calculated daily, and compounded monthly in arrears. In the case of a dispute as to the rates so payable, the rates shall be certified by any manager or assistant manager of any branch of the said bank, acting as an expert and not as an arbitrator, whose appointment need not be proved and whose decision shall be final and binding upon the Parties.

2.12    All payments received shall firstly be utilised in payment of interest and costs and thereafter in payment of capital.  

3    Delivery

CAV shall use its reasonable endeavours to deliver the Products and Services to the Customer on or as soon as reasonably practicable after the Acknowledged Delivery Date. CAV shall not be liable for any damages, whether direct, indirect, consequential, special, punitive or otherwise to the Customer or to any other person for CAV’s:

3.1    Failure to fulfil any Orders;

3.2    Delay or failure to deliver the Products or Services on the Acknowledged Delivery Date;

3.3    Error in fulfilling any Orders for any reason whatsoever; or

3.4    Failure to give notice of any such failure, delay or error.

4    Risk and Ownership

Notwithstanding the date of Ex-works Delivery or any other provision of this Agreement, ownership of the Products shall pass to the Customer only upon payment of the purchase price (as contemplated in clause 2) in full. Title to the Products shall be retained by CAV until such time. All risk for loss or damage to the Products shall be transferred to the Customer upon Ex-works Delivery.

5    Reserved Rights of CAV

5.1    CAV reserves the right, notwithstanding anything to the contrary contained in this Agreement to:

          5.1.1    vary the Products either by withdrawing a Product or introducing new or revised Products for sale. Each new or revised product so introduced shall be added to this Agreement by means of an additional schedule and shall thereafter be deemed to be a Product for the purposes of this Agreement;

          5.1.2    to notify the Customer within a reasonable time prior to the delivery of any Product which incorporates a change in design that shall materially affect the Product in comparison with the Product as ordered;

          5.1.3    to notify the Customer within a reasonable time prior to the discontinuance of manufacture of any Product.

6    Limited Warranty

6.1    CAV makes no warranties to the Customer in relation to the Products, whether written or oral, other than the attached Limited Warranty.

7    Limited Liability

7.1    The liability of CAV to the Customer for any defects in the Products shall be limited to the terms of the attached Limited Warranty.

8    Force Majeure

8.1    The term “Force Majeure” shall be defined to include fires or other casualties or accidents, acts of God, shortages of supplies, severe weather conditions, strikes or labour disputes, war or other violence, acts of terrorism or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

8.2    If a Force Majeure condition prevents, restricts or interferes with the performance of CAV in completing the Order governed by this Agreement, CAV shall be excused from such performance to the extent of such Force Majeure condition so long as CAV provides the Customer with prompt written notice describing the Force Majeure condition and immediately continues performance whenever and to the extent such condition is removed.