Terms and Conditions
These Terms and Conditions (the “Agreement”) outline the terms of use for the website operated by Calfab Limited (the “Company”), and govern all transactions for the purchase of any products or services offered by the Company. By accessing our website or purchasing products or services, you confirm that you have read, understood, and agreed to be bound by the provisions set forth in this Agreement, including any additional policies referenced or available on our website, which form an integral part of these terms and conditions.
By accepting any estimate or quotation provided by the Company, or by making any payment toward an invoice, you are entering into a binding legal contract with the Company and accepting the terms contained herein.
1. Definitions
1.1 “Products” refers to any goods provided by the Company.
1.2 “Services” refers to any work undertaken or provided by the Company as specified in an order placed by the Client.
1.3 “Company” refers to Calfab Limited, operating as Vanbitious, a registered trademark of Calfab Limited.
1.4 “Client” refers to any individual, firm, or entity placing an order with the Company for Products and/or Services.
1.6 “Materials” refers to any goods, parts, or materials used by the Company in providing the agreed-upon Services.
2. Company Information
2.1 Calfab Limited is a registered company in Scotland (Company Number: SC702491). Our registered address is Unit 8, 109 Urquhart Road, Aberdeen, AB24 5NH.
2.2 All business transactions and services are conducted through our workshop located at Unit 8, 109 Urquhart Road, Aberdeen, AB24 5NH.
3. Use of the Website
3.1 The Client may use the Vanbitious website for lawful purposes only. Accessing the website for illegal, unethical, or unauthorised activities that could harm, disrupt, or interfere with the website’s functionality or its users is strictly prohibited.
3.2 The Client is responsible for maintaining the confidentiality of their account information, including their password, and will be liable for all activities conducted under their account.
4. Product Information
4.1 The Company endeavors to provide accurate and current information regarding its Products and Services. This includes detailed descriptions, technical specifications, and pricing information. However, no guarantee or warranty is made as to the completeness, accuracy, or currency of the information provided.
4.2 Images of Products on the website are for illustrative purposes only. Actual Products or Services may differ in appearance, specifications, or functionality.
5. Pricing
5.1 All prices provided are subject to variation based on the complexities involved in vehicle conversions and unforeseen challenges that may arise during the performance of Services.
5.2 Prices for parts and materials are subject to availability and market conditions at the time of estimation. The Company reserves the right to adjust prices without prior notification.
5.3 In the event that any specific parts are unavailable or significantly increase in price, suitable alternatives will be sourced at the Client’s cost, subject to agreement.
5.4 The Client will be notified of any substantial revisions to the pricing of Services. Work will not proceed until mutual consent is obtained regarding any revised cost estimates.
5.5 All estimates are provided for guidance purposes and should not be interpreted as fixed or final quotations.
6. Payment Terms
6.1 The Company accepts payments by Card or Bank Transfer only.
6.2 Payments must be made in full by the due dates specified in the payment schedule or invoice.
6.3 Non-Refundable Clause: All payments, including deposits, partial payments, and full payments, are non-refundable once received. This applies to all circumstances, including cancellations or amendments to the service schedule. By making a payment, the Client agrees to this no-refund policy.
7. Refunds and Cancellations
7.1 Once Services have commenced, no refunds will be issued.
7.2 The Client acknowledges this policy by agreeing to these terms prior to initiating any service with the Company.
7.3 Administrative Charge for Refunds: Whilst the Company maintains a strict non-refundable clause, in the exceptional event that the Company agrees to process a refund following the receipt of any payment, a non-negotiable administrative charge of £25.00 will apply. This fee covers the administrative costs involved in processing and issuing the refund. Please note that such refunds are discretionary and will not be issued under normal circumstances. The Client is reminded that by making a payment, they agree to the non-refundable nature of the transaction, as stated in Clause 6.3.
9. Commencement of Services
9.1 Once work has commenced, the Company will provide an estimated completion date, which is subject to change due to factors beyond the Company’s control, such as third-party supplier delays or Client-requested changes.
9.2 The Company will not be held liable for any delays caused by circumstances beyond its control. However, every effort will be made to notify the Client of such delays.
9.3 If technical challenges or urgent issues arise during the build, the Company may suspend Services and notify the Client accordingly.
10. Materials Used
10.1 The Company will use materials, goods, and products as agreed in the Build Agreement Contract.
10.2 Some materials may have inherent imperfections or variations. These will not affect the quality or suitability of the final product, and the Company will notify the Client of any significant variations.
11. Rights to Terminate the Build Agreement Contract
11.1 The Company reserves the right to terminate the Build Agreement Contract under the following circumstances:
a) The Client fails to make a required payment within two business days after a payment reminder.
b) The Client fails to provide essential information in a timely manner.
c) The Client refuses necessary decisions, causing delays in the build.
d) The Client cancels the build after the agreed start date.
e) The Client does not agree to essential adjustments in cost or timeline due to third-party factors.
11.2 In the event of termination, the Company reserves the right to retain payments already made and deduct reasonable compensation for incurred costs.
12. Order Acceptance and Shipping
12.1 All orders placed via the Vanbitious website constitute an offer to purchase. Acceptance of the order is at the sole discretion of the Company and will be confirmed upon dispatch of the Product or provision of the Service.
12.2 The Company will make every reasonable effort to meet estimated delivery timeframes but will not be liable for delays caused by third-party carriers.
13. Vehicle Bookings
13.1 Vehicles must be dropped off between 09:00 and 09:30 on the agreed day, unless otherwise arranged.
13.2 Certain installations, such as solar panels or windows, may require the vehicle to remain in the workshop for at least 24 hours to ensure proper bonding and testing.
14. Vehicle Preparation and Client Responsibility
14.1 The Client is responsible for ensuring that their vehicle is fully insured against all risks, including damage, theft, or loss.
14.2 The Company will not be liable for any loss of personal items, damage, or theft while the vehicle is in our care.
14.3 Vehicles are not stored inside the workshop overnight and are parked outside at the Client’s own risk. The Client assumes full responsibility for any risks associated with outdoor parking.
14.4 For diesel heating system installations, the Client must ensure that the fuel tank is no more than one-quarter full for safety reasons.
15. Right to Subcontract
15.1 The Company reserves the right to subcontract part or all of the agreed Services. Any subcontracted work will remain under the supervision and responsibility of the Company.
16. Return, Refund & Warranty
16.1 Please refer to the Company’s detailed Returns, Refunds, and Warranty Policy, available on the website, for more information. By accepting this Agreement, the Client also agrees to the terms outlined in these policies, which form part of this Agreement.
16.2 Dispute Resolution: Any disputes, controversies, or claims arising out of or relating to the return, refund, or warranty of any Products or Services shall be resolved in accordance with the dispute resolution and arbitration process outlined in Section 21 of these Terms and Conditions. This includes mandatory arbitration under the rules of the Scottish Arbitration Centre.
17. Intellectual Property
17.1 All content, design, and intellectual property on the Vanbitious website are owned by Calfab Limited. Any reproduction, distribution, or modification of this content without prior written consent is prohibited.
18. Limitation of Liability
18.1 To the fullest extent permitted by law, the Company’s total liability for any claim arising out of or relating to the supply of Products or Services shall be limited to the amount paid by the Client for such Products or Services. In no event shall the Company be liable for any indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of profits or business, arising out of or related to this Agreement, the Products, or the Services provided, whether based on breach of contract, tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.
19. Indemnification
19.1 The Client agrees to indemnify, defend, and hold harmless Calfab Limited, its officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of or related to the Client’s breach of this Agreement, misuse of the Products or Services, or any negligent or wrongful act by the Client.
20. Governing Law and Jurisdiction
20.1 This Agreement is governed by and construed in accordance with the laws of Scotland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Scottish courts.
21. Dispute Resolution and Arbitration
21.1 Any disputes, controversies, or claims arising out of or relating to this Agreement, the breach thereof, or the supply of any Products or Services by the Company, shall be resolved through binding arbitration under the rules of the Scottish Arbitration Centre. Both parties agree to submit to arbitration and waive any right to a trial by jury or to participate in any class action. The arbitration will take place in Scotland, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
21.2 The Client agrees that arbitration will be the sole and exclusive method for resolving any disputes between the Client and the Company and that they waive any right to pursue claims in court or participate in any class action or class-wide arbitration.
22. Waiver of Class Action and Jury Trial
22.1 The Client agrees to waive any right to a jury trial and further agrees that any claims or disputes will be resolved on an individual basis, and not as part of any class action or representative action. By accepting this Agreement, the Client expressly waives any right to participate in a class action lawsuit, class-wide arbitration, or any other consolidated legal or arbitration proceeding.
23. Severability
23.1 If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.
23.2 The unenforceable provision will be modified to reflect the intention of the parties as closely as possible while remaining enforceable under applicable law.
24. Amendments to Terms and Conditions
24.1 The Company reserves the right to amend these terms and conditions at any time to comply with changes in applicable laws or to correct any errors or omissions. Any such amendments will be communicated to the Client in writing.
24.2 Continued use of the website or purchase of Products or Services after amendments to these terms constitutes acceptance of the revised terms.
25. Entire Agreement
25.1 This Agreement, including any additional policies referenced herein, constitutes the entire understanding between the Client and Calfab Limited and supersedes all prior communications, agreements, or representations regarding the subject matter herein.
25.2 No other terms, conditions, or understandings, whether oral or written, shall modify or amend this Agreement unless signed by both the Client and the Company in writing.