Motorhome Department Sales Agreement Terms and Conditions (the “Terms”)
These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
1. The leisure asset
- All descriptions or illustrations contained in the Company website, brochures, catalogues or elsewhere are for identification purposes only. The Company and their respective servants or agents shall not be responsible for errors of description, unless they are proved to be intentionally misleading.
- The buyer should satisfy themselves, prior to sale, as to the condition of the leisure asset and should exercise and rely on their own judgment as to whether the leisure asset accords with any description. The leisure asset is sold on an “as seen as is” basis and no warranty or representation is made by the Company as to the condition of the leisure asset or as to whether the leisure asset accords with any description. All conditions and other terms relating to the leisure asset (whether express or implied by statute or common law) are excluded to the fullest extent permitted by law.
- Any reference to the age of the leisure asset in the particulars relating to it, is intended to be a reference to the year of first registration of the leisure asset in the United Kingdom.
2. Basis of sale
- The Company warrants to the buyer that they are the true owner of the leisure asset/properly authorised to sell the leisure asset by the true owner and is able to transfer a good and marketable title to the leisure asset free from any third party claims.
- Without prejudice to clause 1b, a leisure asset may be sold with the benefit of a third party warranty where the buyer elects to purchase such warranty at the time of sale, or provided by the Company free of charge within the agreed sale price.
- The Company and their respective servants or agents shall not be responsible for the administration or enforcement of the warranty referred to in clause 2b. Any claims or issues arising under it shall be dealt with solely by the buyer in accordance with and subject to the terms and conditions of such warranty.
- If the buyer wishes additional work to be carried out, then the buyer is liable for all costs relating to that work. This includes payment in full should the purchase deposit agreement not be fulfilled by the buyer, plus any further costs to return the leisure asset to its original state.
3. Payment of deposit and purchase price
The buyer shall pay immediately on agreement of sale (verbal or written), a deposit of ten percent of the purchase price/minimum of £2,000, at which point the Agreement shall come into force as a contract to buy. The balance (plus the cost of the warranty referred to in clause 2b and 2d for additional work, where purchased by the buyer) shall be paid in full on the day of handover. Payment is to be made by bank transfer only and must clear our bank account before transfer of ownership can take place. Credit or debit card payments will not be accepted for balance payments.
4. Collection of the leisure asset
- Subject to clause 4b, the buyer shall, at their own expense, take away the leisure asset no later than 7 days after being advised the leisure asset is made ready for handover, unless otherwise agreed.
- Notwithstanding 4a, the buyer shall pay to the Company charges for removal, storage and insurance of the leisure asset if it is not collected within the said 7 days, at which point (if applicable), the buyer may become liable to further charges incurred in selling the leisure asset on to another buyer, where costs include additional work carried out/valet/reduction in price.
5. Ownership of and risk in the leisure asset
- The ownership of the leisure asset shall not pass to the buyer until payment has been made of the purchase price to the Company in full (in cleared funds).
- The buyer shall be responsible for loss or damage to the leisure asset from the time of collection or the expiry of 7 days after the handover date (unless otherwise agreed) and neither the Company nor its servants or agents shall afterwards be responsible for any loss or damage (save if and to the extent caused by any act or negligence of theirs) while the leisure asset is in their custody or under their control.
- The buyer is solely responsible for complying with all legal requirements relating to the ownership and /or use of the leisure asset, including obtaining all relevant licences, permissions and insurances.
6. Limitation of liability
- Nothing in these Terms shall limit, or exclude, our liability for any matter in respect of which would be unlawful for us to exclude or restrict liability
- Subject to clause 6a:
- We shall under no circumstances whatsoever; whether in contract, tort (including negligence), breach of statutory duty , or otherwise, be liable to you for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms; and
- Our total liability to you in respect of all other losses arising under or in connection with these Terms shall in no circumstances exceed the price of the leisure asset.
- The terms implied by sections 10 – 11 and 19 – 24 of the Consumer Rights Act 2015 are, to the fullest extent permitted by law, excluded from these Terms.
7. Remedies for breach of the buyer’s obligations
- If the leisure asset is not paid for in full and taken away in accordance with clauses 3a and 4, or if there is any breach of these Terms, the Company shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one of more of the following rights or remedies:
- take legal proceedings against the buyer for damages for breach of the Agreement. Damages include Motorhome Department costs equating to 10% of the selling price, or £2,000 if greater;
- rescind the sale of the leisure asset to the buyer (in which case the buyer shall forfeit the deposit);
- resell the leisure asset or cause it to be resold by public auction or private sale, in which case the buyer shall then pass to the Company any resulting shortfall against the purchase price (after deduction of any part payment and addition of resale costs) and any surplus shall belong to the seller;
- remove, store (either at the Company premises or elsewhere) and insure the leisure asset at the expense of the buyer;
- charge the buyer interest on any outstanding sum due under clause 3a from the date such amount was due until the date of payment at the rate of 2% over the Bank of England base rate per month;
- retain the leisure asset and release it to the buyer only when payment has been made in full (in cleared funds) of the purchase price;
- apply any proceeds of sale then due, or at any time afterwards becoming due, to the buyer towards settlement of the purchase price and exercise a lien on any property of the buyer which is in the Company’s possession for any purpose.
Any variation to the Agreement and/or these Terms shall only be binding when agreed in writing and signed on behalf of the Company. We reserve the right to revise and amend the Agreement and these Terms from time to time. You will be subject to the terms in force at the date of Agreement.
9. Governing Law
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.
Brokerage Terms and Conditions
These are the Terms and Conditions (the “Terms”) for the brokerage of your leisure asset by the broker acting to sell through Motorhome Department (“The Company”). Please read these Terms to ensure that they are complete and accurate before entering the Agreement. The Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Notice of the right to cancel
Pursuant to the Terms of the Company and those appointed by the aforesaid Company engaged to carry out business undertaken as a broker, you have the right to cancel this contract within 14 days of signing the agreement to sell and the period will expire 14 days from the appraisal date when the agreement has not been entered into at the trading place of the Company. To exercise the right to cancel, you must inform us by email of your decision to cancel this agreement by a clear statement setting out your decision and you must be able to show clear evidence of when the cancellation was made. Please use the form below should you wish to post it, though again evidence must be provided to demonstrate that the cancellation was made within the 14 day cooling off period.
The service offered by the Company is to introduce potential buyers to your leisure asset, for which we will receive the difference of the return to you and the price we sell it at on the successful completion of a sale transaction. This service is offered to you on a “no sale, no fee” basis and the Company will manage every aspect of the sale, including advice on current sales trends and likelihood of a realistic return; all associated marketing of the leisure asset, advising offers (where the offer does not meet the minimum return figure) to you for your consideration and handover checks including the documents, warranty applications (where applicable) and payments. We accept no responsibility for the success of the sale, nor do we make any warranty or representation in respect of the same. We do not guarantee that we will be able to sell the leisure asset.
Target/Minimum Return Value
You acknowledge that you have received a target/minimum return value of the leisure asset from us (the “valuation”), or, revised oral confirmation on potential sale. The valuation is provided on a “subject to contract” basis and is not legally binding. The Company reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the seller. The price quoted in the valuation is given in good faith and relies on the information given to the Company by the seller. If the information provided by the seller is inaccurate, false or misleading it will result in an inaccurate valuation which cannot be relied upon by the Company. No liability is accepted by the Company for an incorrect valuation which was given in good faith.
Once the buyer has paid the accepted purchase price of the leisure asset in full to the Company, the balance (the “target/minimum return”) will be paid to the seller, less any further costs beyond that agreed, should work be undertaken to bring the leisure asset up to the standard that ensures it meets MOT pass certificate/habitation damp check and that it is gas and electrically safe; cam belt (where applicable) and being “fit for purpose”, plus any other agreed improvements/repairs. The Company will make payment for the leisure asset to the seller as soon as possible following completion of a sale. Completion shall be deemed to have taken place once the Company has received cleared funds from the buyer of the leisure asset and paid the seller. The target/minimum return may be revised by the Company, but only with express agreement of the seller (except where costs have been attributed to make “good” the leisure asset prior to handover to the buyer), unless it does not meet the aforementioned “fit for purpose”.
The Agreement will remain in force for a minimum period of 30 days from the date on which it was signed by the Company and the seller and will continue to be in force thereafter until either a sale is completed, or the Agreement is cancelled in accordance with the cancellation clause below. The Agreement gives the Company the exclusive rights to sell the leisure asset for the term of the Agreement. If you sell the leisure asset during the term of this Agreement without the assistance of the Company, a “sold out of trust” fee will become due and payable by you to the Company. Such fee will be a sum equivalent to 5% of the original Advertised Price of the Leisure Asset, subject to a minimum of £750 and a maximum of £2,500.
The seller expressly warrants that;
- all of the information supplied during the valuation process is accurate and true
- the leisure asset is not subject to undisclosed finance
- to the best of his/her knowledge and belief the leisure asset has not been an insurance write-off or involved in any other serious accident or incident that required substantial repairs unless advised to the Company in writing
- the mileage reading (where applicable) on the leisure asset is true and accurate and that the odometer has not, to the best of his/her knowledge and belief, been altered
- there are no undisclosed physical defects with the leisure asset
- there are no undisclosed title defects with the leisure asset
- he/she is the legal owner of the leisure asset, has the right to transfer the full unencumbered legal title and full ownership of the leisure asset to the buyer; and
- no other person or entity has any claim to the leisure asset.
Leisure Assets Subject to Finance
It is the responsibility of the seller to disclose any existing finance associated with the leisure asset. The Company may agree to settle the existing finance in lieu of payment, or part payment, of the leisure asset for the seller at its absolute discretion, on behalf of the buyer. If the agreed sale price of the leisure asset is lower than the settlement figure required to fully settle the outstanding finance on the leisure asset; the seller must pay the Company the difference between the settlement figure and the figure required by the Company, less costs, in advance of the Company settling of the outstanding balance on the finance and prior to handover of the leisure asset. The seller remains liable to the finance company, in respect of the finance at all times until the credit agreement has been legally terminated. The Company does not accept any liability with respect to the related finance at any time or for any reason. The Company will use its reasonable endeavours to pay off the settlement sum on or before the due date. However, it is the seller’s responsibility to ensure the Company is made aware of any such due date and no liability is accepted if payment cannot be made or is not made by the due date.
The leisure asset will be inspected by a representative of the Company prior to completion of the seller agreement. A revised valuation may be offered where the leisure asset does not comply with the information provided during the valuation process, where the condition is such that it has a substantial impact on the value of the leisure asset or other factors not disclosed which affect the valuation. Where there is a satellite dish, aerial, air conditioning system, solar panel or any such accessory fitted that is not tested on initial inspection, any repairs to ensure that it functions as per its designated use, shall be at the sellers’ expense.
Our costs to sell
When a sale is agreed, the seller agrees to accept the target/minimum return figure, less any other costs that have been incurred. Our profit for the sale takes the form of a buyer premium which will have already been deducted from the gross sale price when you are presented with offers. Our payment becomes due and payable when a sale is agreed. For clarity, a sale is agreed when we have presented an offer to you, which you accept verbally or by any other means, or when the target/minimum return valuation is met. The net return to the seller (the “valuation”) may be less on the day of handover if there is a fault/defect/damage beyond that agreed at the time of valuation.
Furthermore, if it is proven that a pre-existing fault/defect/damage (un-disclosed by the seller or un-detected on inspection by either the habitation or mechanical services) becomes apparent within 30 days of the buyer taking ownership or within 30 days prior to the handover; it may be necessary for a full refund to be made to the buyer. In the event of a full refund being made to the buyer, the seller agrees to return the net return (“valuation”) to the Company, plus costs, on request and within 7 days of such request, by way of a bank transfer. Alternatively, it may be necessary to rectify the fault/defect/damage. In the case of rectification work being carried out the Company reserves the right to request payment from the seller to cover the cost of such work, or, be deducted from the eventual sale when marketed again.
In addition to the cancellation right set out above, either party may terminate this Agreement at any time after the initial 30 day period by giving the other party 14 days’ notice of their intention to terminate the Agreement in writing. If you wish to terminate this Agreement on the 30th day, we will need to receive your cancellation notice on the 16th day after the date of this Agreement. Cancellation notice is required to be sent by recorded delivery and its’ receipt acknowledged. If you terminate this Agreement after the cooling off period, if applicable, but during the initial 30 day period or without providing us with 14 days’ notice, a cancellation fee will become due and payable. The cancellation fee shall be equal to the costs incurred by the Company in performing its obligations pursuant to this Agreement until the date of cancellation, up to a maximum of £2,000. If, however, cancellation notice is given whilst there is a (proven) sale in progress, then the cancellation fee will be the whole of the agreed difference between the advertised price and the target return (or that which has been agreed if altered in writing beyond the date of this agreement). In addition, where there have been repairs/valet/extraordinary costs met by the Company, they shall become immediately payable by the seller to the Company. Should the Company be in the process of an agreement to buy, by a buyer of the leisure asset, then a cancellation fee will be no less than the amount agreed as the difference between the advertised price and the Target Return, less any further costs incurred by the Company. They shall become payable immediately and further, the leisure asset will be retained until such monies are cleared into the Company account.
Neither Motorhome Department and its associated companies, their directors, employees or other agents shall be liable for direct or indirect inconsequential losses of any kind including loss of profits and other forms of expenses and compensation.
The Company are committed to responsible data management and subscribes to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you.
Any variation to the Agreement and/or these Terms shall only be binding when agreed in writing and signed on behalf of the Company. 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.
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.