Terms and Conditions

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:
  1. 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
  2. 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:
  1. 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;
  2. rescind the sale of the leisure asset to the buyer (in which case the buyer shall forfeit the deposit);
  3. 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;
  4. remove, store (either at the Company premises or elsewhere) and insure the leisure asset at the expense of the buyer;
  5. 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;
  6. 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;
  7. 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.

8. Variation

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.

Terms and Conditions

These are the Terms and Conditions (the “Terms”) for the brokerage of your Leisure Asset (“Asset”) by the broker acting to sell through Motorhome Brokerage Limited (Company number 10965160) T/A Motorhome Department (the “Company”). Please read these terms to ensure that they are complete and accurate before entering into the Agreement.

Our Service

The service offered by the Company is to introduce potential buyers to your Asset, for which the Company will receive a commission. The commission will be agreed by the parties in advance. This service will be offered on a “no sale, no fee” basis. The Company will handle all aspects of the sale, including advice on current sale trends, the likelihood of a realistic return, all aspects of marketing the Asset, advising on offers (if they do not meet the Target Sales figure and any agreed costs) made by potential buyers and handover checks. The Company accepts no responsibility for the success of the sale, nor do we make any warranty or representation in respect of the same. The Company does not guarantee that we will be able to sell the Asset. The Brokerage Form provides additional details in respect of the Asset and specific Terms agreed with the Seller.

Appraisal

The Asset will be inspected by a representative of the Company prior to the acceptance of the Seller Agreement. The Valuation figure will be confirmed and/or ratified during this process and will form the basis for the Advertised/Target Sales Figure.

Accessories fitted including but not limited to, satellite dishes, air conditioning, aerials, solar panels will not be fully inspected. The Company relies upon the Seller to disclose any information relevant to those items listed on the Seller Agreement.

Seller Warranties

The seller expressly warrants to the best of their belief and knowledge that:

1. all of the information supplied during the valuation process is accurate and true.
2. the Asset is not subject to undisclosed finance agreements.
3. the Asset has not been an insurance write-off or involved in any other serious accident or incident thatrequired substantial repairs or that any such relevant information has been disclosed in full.
4. the mileage disclosed and demonstrated on the Asset is true and accurate and the odometer has not been altered.
5. there are no undisclosed physical defects with the Asset.
6. there are no undisclosed title defects with the Asset.
7. the Seller is the legal owner of the Asset, has the right to transfer the full unencumbered legal title and fullownership of the Asset to the Buyer, and
8. no other person or entity has any claim to the Asset.

Sales Target Value

The Seller acknowledges that an Advertised/Target sales price has been agreed (the “Valuation”). The Valuation is provided on a subject to contract basis and as such is not legally binding. The Company reserves the right to withdraw the Valuation at any time and without legal consequence with no liability to the Seller. The Valuation price quoted by the Company is given in good faith and relies upon the information provided by the Seller. The Company accepts no liability for an incorrect Valuation, given in good faith.

Leisure Assets Subject to Finance

It is the responsibility of the Seller to disclose any existing finance associated with the Asset. The Company may agree to settle the existing finance in lieu of payment, or part payment of the Asset for the Seller at its absolute discretion. The Seller always remains responsible to ensure the timely settlement and termination of any such agreements. The Company accepts no responsibility with respect to related finance at any time or for any reason.

Our Costs to Sell, Commission and Terms of Sale

When a sale is agreed, the Seller agrees to accept either the Valuation, or any offer agreed by the parties, less any costs incurred and agreed in advance with the Company. Any such costs shall be communicated in advance to the seller, unless it meets within the agreed minimum return, or that which is required to make the Asset “fit for purpose/fit to sell”, save those agreed at the time of signing the Brokerage Agreement Form.

All Assets must be “fit for purpose” and “fit to sell” to meet Statutory obligations (required by law to meet the “fit for purpose” criteria), or Advisory work (to bring the Asset to an agreed standard). Any Recommended work (to bring the Asset to a higher aesthetic standard), will be advised and agreed and the whole costs will become payable once completed and deducted from the final return figure.

The Company receives a commission of a minimum of £3,000, however this may vary if agreed in advance, or if the Company chooses to accept a lower figure at its own discretion. The commission, which takes the form of a buyers’ premium, will be deducted from the sales figure during the sales process prior to the payment being made to the Seller, less any other costs as per the previous paragraph.

Commission becomes due when a sale is agreed, and the Asset is handed over to the new owner. For clarity a sale is agreed once an offer has been accepted by the Seller or the Target Sales or Minimum Sales Figure is reached (less any costs and expenses).

Transactions, including the full payment for the Asset by the Buyer should be concluded within 7 days of the sale handover (“Final Sale Transaction”) or an extended period agreed in writing between the parties to accommodate distance selling arrangements.

Any sale will be deemed cancelled after the 7-day period or an extended period agreed by the parties. The Sale Period may give cause to extend the agreed term of this Agreement. Any notification of termination of the Agreement will be honoured by the parties should the Term of the Agreement be impacted by the Sale Period.

Payment

All payments between the parties (Company, Seller, and Buyer) are made via bank transfer.

Once the Company has received cleared funds from the Buyer for the accepted value of the Asset the Company will transfer the balance of monies due to the Seller via bank transfer within 14 days (to allow for any possible return by the seller under the Consumer Rights Act 2015), or an extended period if agreed by the parties.

Validity

The Agreement will remain in force for a minimum period of thirty days from the date on which it was signed. The Agreement will continue to stay in force until such time that the sale is completed, or the Agreement is cancelled. The Agreement gives the Company exclusive rights to sell the Asset for the term of the Agreement.

If the Seller sells the Asset without the assistance of the Company during the term of the contract, the sale will be considered as “sold out of trust” and as such a fee will become payable by the Seller to the Company. This fee will be equal to 5% of the original advertised price of the Asset, subject to a minimum of £750 and a maximum of £2,500. This value becomes due immediately.

Cancellation

In addition to the cancellation rights 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. Any such notice should be sent to the parties either using recorded delivery to the address of either the Company or the Seller or using the email address above. Any pre-sale costs that may have arisen, as per the agreement, will have to be met.

If the Agreement is terminated and there has been work carried out to sell the Asset (as agreed by both parties), then these costs must be met prior to return of the Asset.

If the Seller terminates the Agreement after the cooling off period or during the initial 30-day period a cancellation fee will become payable. The cancellation fee shall be equal to the costs of the Company in fulfilling its obligations pursuant to this Agreement up to the date of cancellation up to a maximum of £ 1,000, plus any additional work carried out as per the previous paragraph.

If, however, a cancellation notice is given whilst there is a proven sale in progress, then the cancellation fee will be the whole of the commission agreed on the Seller Agreement, plus any additional costs incurred and agreed between the parties in advance. The Asset will be retained until all monies payable by the Seller have been received in full.

Consequential Losses

The Company, their Directors, employees, or other designated agents shall not be liable for direct or indirect inconsequential losses of any kind including but not limited to loss of profits and other forms of expenses and compensation.

Privacy Policy

The Company are committed to responsible data management and subscribes to the principles of the Data Protection legislation in force in the United Kingdom. The Company are committed to maintaining the privacy of our Clients, Sellers, Buyers, and Officers of the Company and maintaining the security of any personal information.

Variation

Any variation to the Agreement and or these Terms shall only be binding when agreed in writing and approved by the Company and Seller.

Governing Law

The Agreement, incorporating these Terms and any matter arising from or in connection with it shall be governed and constructed in accordance with English Law.

Version 2.5 dated 6th June 2023