Seller’s Terms and Conditions
These are the terms and conditions (the “Terms”) for the brokerage of your Motorhome by the Broker. Please read these Terms and ensure that they are complete and accurate before entering the Agreement. If you have any any questions about the Agreement or these Terms please contact us and we will be happy to answer any questions you have. 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. Our Service
The service offered by the Broker is to introduce potential buyers to you the seller of the Motorhome, for which we will receive a commission on successful completion of a sale transaction. We act purely as a third party and as a broker between you (the Seller) and buyer of the Motorhome. This service is offered to you on a no sale no fee basis and the Broker will manage every aspect of the sale, including advice on current climate conditions and likelihood of a realistic achievable return; all associated marketing; arrange and accompany all viewings/demonstrations, relay all offers to you for consideration and completely manage all sales procedures from initial enquiries through to payment. We accept no responsibility for the success of the sale nor do we make any warranty or representation in respect of he same. We do not guarantee that we will be able to sell the Motorhame.
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3 Payment of the Deposit and Purchase Price
3.1 The Buyer shall pay the Deposit immediately on signing the Agreement at which point the Agreement shall come into force and the balance (plus the cost of the warranty referred to in clause 2.3, where purchased by the Buyer) shall be paid in full (in cash or cleared funds) within 7 days.
3.2 The Broker will pay all monies received from the Buyer for the purchase of the Motorhome (less commission due to the Broker from the Seller) into a separate designated customer account on behalf of the Seller
4 Collection of the Motorhome
4.1 Subject to clause 4.2 the Buyer shall at his own expense take away the Motorhome not later than 7 days after the date of the Agreement.
4.2 The Buyer shall not be entitled to remove the Motorhome prior to making payment in full (in cash or cleared funds) of the Purchase Price. Notwithstanding the foregoing, the Buyer shall pay the Broker’s charges for removal, storage and insurance of the Motorhome if it is not removed within 7 days after date of the Agreement.
5 Ownership of and Risk in the Motorhome
5.1 The ownership of the Motorhome shall not pass to the Buyer until he has made payment of the Purchase Price to the Broker in full (in cash or cleared funds).
5.2 The Buyer shall be responsible for loss or damage to the Motorhome from the time of collection or the expiry of 7 days after the date of the Agreement (whichever is the sooner) and neither the Broker nor its servants or agents shall afterwards be responsible for any loss or damage (save if and to the extent caused ny any act of negligence of theirs) while the Motorhaome is in their custody or under their control.
5.3 The Buyer is solely responsible for complying with all legal requirements relating to the ownership and/or use of the Motorhome, including obtaining all relevant licences, permissions and insurances.
6 Limitation of Liability
6.1 Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be lawful for us to exclude or restrict liability.
6.2 Subject to clause 6.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract , tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms: and
(b) our total liability to you in respect of all losses arising under or in connection with these Terms shall in no circumstances exceed the price of the Motorhome.
6.3 The terms implied by sections 13 and 15 of the Sales of Goods Act 1979, the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 and the terms implied by sections 9 and 10 of the Consumers Rights Act 2015 are, to the fullest extent permitted by law, excluded from these Terms.
7 Remedies for breach of the Buyer’s obligations
7.1 If the Motorhome is not paid for in full and taken away in accordance with clauses 3.1 and 4.1, or if there is any other breach of these Terms, the Broker as the agent of the Seller shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:
(a) to take legal proceedings against the Buyer for damages for breach of the Agreement. Damages include Motorhome Warehouse commission that equates to 10% of the selling price;
(b) to rescind the sale of the Motorhome to the Buyer (in which case the Buyer shall forfeit the Deposit);
(c) to resell the Motorhome or cause it to be resold by by public auction or private sale, in which case the Buyer shall then pay to the Broker 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;
(d) to remove, store (either at the Broker’s premises or elsewhere) and insure the Motorhome at the expense of the Buyer;
(e) to charge the Buyer interest on any outstanding sums due under clause 3.1 from the date such mount was due until the date of payment at the rate of 4% over the Bank of England base rate per month;
(f) to retain the Motorhome and release it to the Buyer only after payment has been made in full (cash or cleared funds) of the Purchase Price;
(g) to apply any proceeds of sale then due or at any time afterwards becoming due to the Buyer towards settlement of he Purchase Price and to exercise a lien on any property of the Buyer which is in the Broker’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 Broker. 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.
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.