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1.Where the motorhome and goods (herein collectively referred to as “the goods”) to be supplied are to be ordered from the Manufacturer and/or described in the manufacturers List or Catalogue the Seller undertakes to assist the Purchaser in obtaining from the Manufacturer the benefit or any warranty of guarantee given by such Manufacturer in respect of the goods.
2. Where the agreement is for the purchase of goods to be ordered from any Manufacturer, the Seller will use his best endeavours to deliver by such date as may be desired by the Purchaser, but he does not guarantee time of delivery, and the Seller shall not be liable for any loss or damage suffered by the Purchaser through any reasonable or unavoidable delay in delivery howsoever caused.
3. The Company reserves the right to amend prices in the event of the Company incurring cost increases from its suppliers between the date of order acceptance and date of despatch.
4. In the event of the Manufacturer of the motorhome above described ceasing to make a motorhome of the type ordered by the Seller, the Seller shall be at liberty to return the deposit to the Purchaser and to cancel this agreement without further liability on his part.
5. Where the Seller agrees to allow part of the purchase price to be satisfied by the Purchaser delivering a used motorhome in part exchange, the used motorhome shall be delivered to and accepted by the Seller subject to the following conditions:
a). that the used motorhome shall be delivered to the Seller in the same condition as described by the Purchaser at the time of the order (subject only to fair wear and tear): and
b).that either (i) the used motorhome is the absolute property of the Purchaser and free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or (ii) the used motorhome is the subject of the Hire Purchase or Credit Sale agreement capable of assignment by the Purchaser and of cash settlement by the Seller, and in such a case the amount of the purchase price allowed by the Seller in respect thereof shall be reduced by the amount paid in settlement by the Seller.
6. In the event of a used motorhome being taken in part exchange for the goods the Seller may forthwith proceed to dispose of such used motorhome taken in part exchange, provided that the Seller shall use reasonable efforts to obtain best price. The agreed allowance in respect of such used motorhome taken in part exchange shall not necessarily be the cash price and in the event of the used motorhome being sold prior to the delivery date of the goods and in the event either that the goods are not delivered or for some reason as stated in this contract the order is cancelled the sum to be paid by the Seller to the Purchaser in respect of the used motorhome taken in part exchange and so sold as aforesaid shall not be more than the price at which the used motorhome was sold.
7. The Purchaser shall pay the Seller the balance of the purchase price of the goods before delivery. Delivery will not take place before the date indicated on the order form unless an earlier delivery date is agreed.
8. If the Purchaser shall fail unlawfully to take delivery of the goods or to perform any essential obligations under this agreement, the Seller shall be at liberty to treat the agreement as repudiated and thereupon:
a). The deposit shall be forfeited. Unless specifically detailed in writing on the order, the Purchaser’s liability will not exceed the full value of the deposit.
b). The Seller shall be entitled to dispose of the goods as he may think fit and shall not be under any liability to account to the Purchaser for the price received therefore.
9. Any notice to be given under this agreement shall be deemed to have been duly served if sent by Recorded Delivery to the Purchaser’s last known address in the Seller’s possession and subsequently recorded as having been delivered.
10. The terms of this agreement do not affect any of the Purchaser’s statutory rights as a consumer, which cannot be excluded by this agreement. For more information on these statutory rights contact a local authority Trading Standards Department or Citizens Advice Bureau.
11. The motorhome is sold for holiday and recreational purposes only i.e. the home must not be used as a permanent residence.
12. Distance and Off Premises Contracts
a). In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if the Customer as a private consumer has (1) entered into this contract prior to a face-to-face meeting with Tyne Valley Leisure Ltd or (2) the contract is agreed face-to-face with Tyne Valley Leisure Ltd in a place that is not Tyne Valley Leisure Ltd’s business premises or (3) the Customer places an order during a face-to-face meeting with Tyne Valley Leisure Ltd that happens in a place that is not Tyne Valley Leisure Ltd’s business premises or the contract is entered into on Tyne Valley Leisure Ltd’s business premises or through any means of distance communication immediately after a face-to-face meeting between Tyne Valley Leisure Ltd and the Customer in a place that is not Tyne Valley Leisure Ltd’s business premises, then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.
b). In order to exercise the right to cancel the Customer must provide Tyne Valley Leisure Ltd with a clear statement (e.g. a letter sent by post, fax or email). The Customer may cancel the contract by using the model cancellation form provided with these terms and conditions below but is not obliged to do so. The statement should be sent to Tyne Valley Leisure Ltd using the contact details contained within the order form within the 14-day cancellation period.
c). On cancellation Tyne Valley Leisure Ltd will reimburse the Customer all payments received from the Customer excluding a charge of 10% of the purchase price, less any damage incurred from the date of collection.
d). Subject to clause 11(e) below on cancellation the Customer shall return the Goods to Tyne Valley Leisure Ltd without undue delay and in any event not later than 14 days after the day on which the Customer advises Tyne Valley Leisure Ltd of the cancellation, at the Customer’s cost. If the Customer fails to return the Goods, Tyne Valley Leisure Ltd may make a charge for the cost of recovering the Goods from the Customer, this is likely to cost a minimum of £100 and Tyne Valley Leisure Ltd may deduct this charge from any sum that Tyne Valley Leisure Ltd must reimburse to the Customer.
e). Tyne Valley Leisure Ltd will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Tyne Valley Leisure Ltd received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.
f). On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part-exchange Tyne Valley Leisure Ltd will at Tyne Valley Leisure Ltd’s discretion either return the part-exchange or pay the agreed part-exchange value (after deduction of the sums paid by Tyne Valley Leisure Ltd in accordance with clause 4(a) and 5 to settle any finance or other interests affecting the part-exchange vehicle) to the Customer. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse Tyne Valley Leisure Ltd on demand.
g). If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Tyne Valley Leisure Ltd may recover that amount from the Customer and Tyne Valley Leisure Ltd can deduct it from the reimbursement provided for under clause 11(c) of these Terms and Conditions. Tyne Valley Leisure Ltd will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
h). If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
13. Hire Purchase Option: It is further agreed:
a). that the Purchaser shall have the option (subject to his being accepted by the Hire Purchase Company) to hire the said motorhome under the terms of a Hire Purchase Agreement to be entered into with a Hire Purchase Company of repute nominated by the Seller, and
b). that in the event of this said option being exercised: The terms and conditions above shall be read and construed as though the word “Trade” was substituted for the word “Seller” and the word “Hirer” for the word “Purchaser” wherever the said words occur therein and as though the first paragraph of condition 6 were deleted and there were instead the words “Except as herein before provided the Hirer shall before delivery of the goods sign the Hire Purchase Agreement”.
14. Tyne Valley Leisure Ltd shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests Tyne Valley Leisure Ltd does not do so), to inform the Customer about similar products that Tyne Valley Leisure Ltd provides. The Customer may stop receiving this information at any time by contacting Tyne Valley Leisure Ltd.
15. This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
Cancellation Form
To: (Please send this completed Cancellation Form to the dealer whose contact details are provided on the front of the Order Form)
I / We [*] hereby give notice that I / We [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumers(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.
