|Goods to be ordered from Manufacturers Conditions and Warranties
1. Where the caravan and goods (herein collectively referred to as “The Goods”), to be supplied are to be ordered from the Manufacturer and/or are described in the Manufacturers’ List of Catalogue the Seller undertakes to assist the Purchaser in obtaining from the Manufacturer the benefit of any warranty or guarantee given by such Manufacturer in respect of the goods, this undertaking of assistance in the case of other than Consumer dealings is given and accepted instead of, and expressly excludes, any other guarantee condition or warranty express or implied by Statute, Common Law or otherwise. Whenever in addition to or instead of, any such warranty or guarantee given by the Manufacturer from time to time attaches any terms or conditions to the supply of such goods to the Seller or the resale of such goods by the Seller this agreement shall be subject to any such terms and conditions, but in the case of other than Consumer dealings save for the undertaking of assistance as aforesaid the Seller shall not be liable to the Purchaser for any damage or claims of any kind in respect of the sale of such goods to the purchaser.
|Other Goods: Conditions and Warranties
2. In the case of all other goods to be supplied to other than Consumers (such as for example used, shop soiled, demonstration models or other goods which for any reason whatsoever are sold at less than the Manufacturer’s recommended List Price) the same shall be delivered to the Purchaser in the condition as seen and approved by the Purchaser and without any guarantee, condition or warranty as to the quality or fitness for any purpose whatsoever, whether express or implied by Statute, Common Law or otherwise unless such warranty or guarantee is expressly given in the Seller’s own printed form of guarantee or condition of sale.
|Time of Delivery
3. Where the agreement is for the purchase of goods to be ordered from the Manufacturers, 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 delay in delivery howsoever caused.
|Manufacturer ceasing to make Goods ordered
4. In the event of the Manufacturer of the caravan above described ceasing at any time before or, after the making of this agreement to make a caravan of the type or ceasing to manufacture the particular caravan or delaying supply for whatsoever reason the Seller shall be at liberty to return the deposit to the purchaser and to rescind this agreement without further liability on his part.
|Part-exchange. Purchaser’s obligations as to condition and title to goods
5. Where the seller agrees to allow part of the price to be satisfied by the Purchaser delivering a used caravan, the used caravan shall be delivered to and accepted by the Seller subject to the following conditions
(a) that the used caravan shall be delivered to the Seller in the same condition as when examined and approved by the Seller (subject to wear and tear), and
(b) that either (i) the used caravan is the absolute property of the Purchaser and free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or (ii) the used caravan is the subject of a 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 recommended purchase price allowed by the Seller in respect thereof shall be reduced by the amount paid in settlement by the Seller.
|Part-exchange. Seller’s right to sell goods exchanged
6. In the event of a used caravan being taken in part exchange for the goods the Seller may forthwith proceed to dispose of such used caravan taken in part exchange. The agreed allowance in respect of such caravan taken in part exchange shall not necessarily be the recommended cash price and in the event of the used caravan 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 be cancelled by the Seller or the Purchaser the sum to be paid by the Seller to the Purchaser in respect of the used caravan taken in part exchange and so sold as aforesaid shall not be more than the price at which the used caravan was sold less all expenses incurred (including any renovations and painting) and a deduction of 10% on the recommended sale price for sale service.
|Alteration in price of goods after date of agreement
7. If after the date of this agreement the Manufacturer’s or Concessionaires recommended retail price shall be altered before delivery to the Purchaser, the Seller shall give notice forthwith of such alteration to the Purchaser and –
(a) in the event of the recommended retail price being increased by not more than 10% the Purchaser shall pay such increased recommended retail price.
(b) in the event of the recommended retail price being increased by more than 10% the Purchaser shall have the option of rescinding this agreement providing notice of rescission is received within seven days after receipt of notice in writing of such an increase as aforesaid then the deposit shall be returned to the Purchaser. If no notice of rescission is so received the Purchaser shall pay such increased recommended retail price.
(c) in the event of the Manufacturer’s recommended retail price being reduced the Seller shall either reduce the recommended retail price to the Purchaser by recommended amount or rescind this agreement. The selection of either of the two last mentioned alternatives shall be at the sole discretion of the Seller
|Payment of balance recommended purchase price
8. Except as hereinbefore provided, the Purchaser shall before taking delivery of the goods pay or cause payment of the balance of the recommended purchase price to be made for them as follows:
(a) where the goods are to be ordered from the Manufacturer’s, within 7 days of notification that the goods are ready for delivery.
(b) in all other cases within 14 days of this agreement.
Upon payment of the balance of the purchase price as detailed hereunder the Purchaser shall be entitled to take and shall forthwith so take delivery of the goods.
|Purchaser failing to perform obligations under this agreement. Seller’s remedies
9. If the Purchaser shall fail to take delivery of the goods or to perform any of his obligations under this agreement, or shall fail to do so within the time provided in this agreement, the Seller shall be at liberty to treat the agreement as repudiated and thereupon –
(a) any deposit paid hereunder shall be forfeited;
(b) in addition to the forfeit of the deposit, the Purchaser shall become liable to the Seller for the loss of profit upon this agreement and such other loss as the Seller may have suffered as a result of the Purchaser’s breach;
(c) the Seller shall be entitled to dispose of the goods as he may think and shall not be under any liability to account to the Purchaser for the price received therefore;
(d) if the Purchaser fails to take delivery’ of the goods and has paid the balance of the purchase price the Seller will deliver goods to the Purchaser and shall be entitled to charge all reasonable expenses of doing so.
|Condition of brakes, tyres, lights etc in compliance with Regulations
10. The Seller gives no guarantee or warranty that the condition of the goods overleaf as respects lighting equipment and reflectors complies with the Regulations made from time to time as to the condition of lighting equipment and/or reflectors of vehicles of that class. It is the responsibility of the Purchaser, unless otherwise expressly agreed by the Purchaser and Seller, to have the goods put into the condition required by the said Regulations and the Purchaser shall not use the goods except in compliance with the said Regulations. In particular the Purchaser shall not remove the goods from the Seller’s premises by road until the goods are in such condition that their use upon a road would be lawful, and where some deficiency appertains to lighting equipment and reflectors, the Purchaser shall only remove the goods from the Seller’s premises during the hours of daylight.
|Variations to Agreement
11. The Seller will not be bound by any variations of or additions to this agreement unless the same are made in writing and annexed to this agreement and signed by the Seller and Purchaser in particular the Seller will not be bound by any statements as to the terms and conditions of sale of the goods or the condition, recommended price or delivery’ of the goods made by any person purporting to act on the Seller’s behalf insofar as the same are not contained in this agreement. Any such statements are made without the Seller’s authority.
|Purchaser not to exhibit goods without Seller’s consent
|12. The Purchaser shall not exhibit any of the goods at any exhibition in the United Kingdom without obtaining the Seller’s permission in writing.
13. 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.
|Data Protection Act
14. The Purchaser is advised that the details of this form will be stored on the Company’s Computer for future reference.