Motorhome Depot - Terms and Conditions of sale for franchise owned leisure vehicles
If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and mis-described goods provided. If you have any doubts about your statutory rights, please contact your local Trading Standards Department or Citizens Advice Bureau.
1. The leisure vehicle is sold as roadworthy, or subject to any defects no¬tified by us to you and accepted by you, at the date of purchase and if any fault occurs you have the right to rely on your statutory rights. If you have any doubts about your statutory rights under the Consumer Rights Act 2015 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau.
2. You shall pay the deposit immediately on signing the Agreement at which point the Agreement shall come into force and the balance shall be paid in full (in cash or cleared funds) within 7 days. Where contracts are concluded on trade premises, there is no consumer right in law that provides you with a cooling off period, therefore all deposits paid at this point will be non-refundable should you change your mind. Deposits are refundable on contracts concluded at a distance, or if your consumer rights or this contract has been breached by us in anyway.
3. Subject to clause 4, you shall at your own expense take away the leisure vehicle not later than 7 days after the date of the Agreement. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. The risk in the goods passes to you when you take delivery.
4. You shall not be entitled to remove the leisure vehicle prior to making payment in full (in cash or cleared funds) of the Purchase Price. Should we not have received cleared funds within 7 days after the date of agreement, you shall pay our charges for removal, storage and insurance of the leisure vehicle, unless otherwise agreed by us.
5. If the leisure vehicle is not paid for in full and taken away in accordance with clauses 3 and 4, or if there is any other breach of this agreement, we, as the seller shall, at our ab solute discretion and without prejudice to any other rights you may have, be entitled to take legal proceedings against you for damages for breach of this agreement.
6. You are solely responsible for complying with all legal requirements relating to the ownership and/or use of the leisure vehicle, including obtaining all relevant licences and insurances.
7. This order and any allowance in respect of a used motor vehicle or caravan offered in part exchange by you is subject to acceptance by us.
8. When we accept a used motor vehicle or caravan as part payment you agree that;
a) (i) you are the legal owner; and
(ii) no outstanding credit is owed on it by you. If you do hold outstanding credit on the leisure vehicle, the amount of money we give you will be reduced by the equivalent of the amount of the outstanding credit;
b) Our acceptance of your offer in relation to the part payment is only valid if your used motor vehicle or caravan is delivered in the same condition as when we examined it or as described by you; and
c) You must deliver your used motor vehicle or caravan to us on or before the day you collect your goods from us. We do not become the legal owners until the point you take delivery of the leisure vehicle you are purchasing.
9. If you arrange for a finance company to purchase the leisure vehicle from us, and if you have offered and we have accepted your used motor vehicle or caravan as part-payment, we shall tell the finance company how much money has been agreed by us to be deducted from the price of the purchased goods for the used vehicle and what deposit you have paid to us.
The Purchase Agreement
10. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have supplied to us.
11. Nothing in this agreement shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12. Any variation to the agreement and/or these terms shall only be binding when agreed in writing and signed by us. We reserve the right to revise and amend the agreement or these terms from time to time. You will be subject to the terms in force at the date of the agreement.
13. The agreement, incorporating these terms, and any matter arising from or in connection with it shall be governed by and construed in accordance with English law.