Harbour Creek Ltd Standard Terms and Conditions for purchases of New & Pre-Owned Motorhomes.

Harbour Creek Ltd (the “the seller”) – 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.

Where the motorhome, caravan or vehicle and goods (herein collectively referred to as “the goods”) to be supplied are to be ordered from the Manufacturer the Seller undertakes to assist the Purchaser in obtaining the benefit of any warranty or guarantee given by the Manufacturer in respect of the goods.
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.
Prices are quoted inclusive of value added tax, where applicable. This will be charged at the rate ruling at the date of supply.
In the event of the Manufacturer ceasing to make a vehicle of the type ordered by the Purchaser, the Seller shall return the deposit in full to the Purchaser and cancel this agreement without further liability for any losses on his part.
If the cost of the goods as set out on the Order form increases between the date of the order and the estimated date of delivery, we (the seller) will notify you (the Purchaser) of the increase and, if you do not wish to accept the increase, the Seller shall return the deposit in full to the Purchaser and cancel this agreement without further liability on his part.
Where a new vehicle is ordered from a Manufacturer, if we fail to deliver the vehicle within 90 days of the estimated delivery date you may give written notice to us requesting delivery within a further 14 days or mutually agreeing an extended delivery date. Where a vehicle is already in stock, if we fail to deliver the vehicle within 60 days of the estimated delivery date you may give written notice to us requesting delivery within a further 7 days. If delivery does not occur, then the contract may be cancelled, and any deposit paid will be returned to the purchaser in full and the seller shall have no further liability for any losses that were not foreseeable by both parties at the time the contract was formed.
Where the seller agrees to allow part of the purchase price to be satisfied by the purchaser delivering a used motorhome, caravan or vehicle in part exchange, the used motorhome, caravan or vehicle shall be delivered to and accepted by the Seller subject to the following conditions:
1. that the used motorhome, caravan or vehicle shall be delivered to the Seller in the same condition as described by the Purchaser at the time of the order and within 90 days of the order being signed (subject only to fair wear and tear) If the caravan or vehicle is delivered after 90 days of the order being signed or at time of the new motorhome being delivered then the part exchange will be re-valued at the time of handover; and
2. that any quoted or estimated part exchange value for the used motorhome, caravan or vehicle will only be confirmed upon physical inspection by the Seller; and
3. that either
  1. the used motorhome, caravan or vehicle is the absolute property of the Purchaser and free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or
  2. the used motorhome, caravan or vehicle 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 purchase price allowed by the Seller in respect thereof shall be reduced by the amount paid in settlement by the Seller.
In the event of a used motorhome, caravan or vehicle being taken in part exchange for the goods the Seller may forthwith proceed to dispose of such used motorhome, caravan or vehicle taken in part exchange. The agreed allowance in respect of such used motorhome, caravan or vehicle taken in part exchange shall not necessarily be the cash price that the Seller may achieve in a subsequent sale.
1. If the seller disposes of the part exchange vehicle within the cooling off period or if the order is cancelled by the seller, the sum to be paid back for the part exchange vehicle shall be the previously agreed part exchange allowance price.
2. In all other circumstances where the goods are not delivered or where the order is cancelled by the purchaser, the sum to be paid back for the part exchange vehicle shall be the lower of either the price at which it was sold by the seller or the previously agreed part exchange allowance price.
The Purchaser shall pay the Seller the balance of the purchase price of the goods before the goods are altered by request of the purchaser, registered with the DVLA authorities and provide cleared funds before removing the goods from site. Delivery will not take place before the date indicated on the order form unless an earlier delivery date is agreed.
The Purchaser may cancel the order (in writing or via email) within a cooling-off period of 5 days (for on-premises contracts) or 14 days (for off-premises contracts) from the date of the order and receive back in full any reservation fee paid less any of the sellers incurred 3rd party registration or preparation charges and less the sellers administration fee of £250.00 + Vat. If the order is cancelled after the cooling-off periods detailed above, any refund of the reservation fee will be forfeited as per condition 11 (d) as below. Harbour Creek Ltd will be entitled to recover reasonable losses (e.g. as a deduction from any deposit) as a result of the cancellation.
Unless otherwise agreed in writing, the Customer must pay the Total Price in full before delivery of the Vehicle, and in any event within 14 days of notice from the Company that the Vehicle is ready for delivery. If the Purchaser shall fail unlawfully in any event to take delivery of the vehicle or to perform any essential obligations under this agreement, or in the event of nonpayment of the Total Price, shall entitle the Company, in addition to any other legal remedies, at its option, to:
1. retain the Vehicle until payment is received in full and charge a storage charge of £36 (including VAT) per day (to reflect the reasonable cost of insurance, administration, and any reduction in amenity) during such period where the Vehicle is retained; and/or
2. cancel this agreement or to treat the same as being repudiated and (subject to the Company being obliged to reasonably mitigate its loss) recover from the Customer all resulting loss and damage arising from non-payment of the Total Price, for example depreciation and loss of profits; and/or
3. charge the Customer interest at 2.5% p.a. (calculated on a daily basis) over NatWest Bank’s base rate from the date on which payment becomes overdue until the date on which payment is made in full; and/or
4. Deduct any amounts owing and/or recoverable from the customer at the companies discretion be deducted from any reservation fee and/or deposit payments received.
5. 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 thereto.
You should discuss with Harbour Creek Ltd any terms that you do not understand and check that all the information provided is accurate and correct, and that any special arrangements that may have been agreed during the sales process are included and detailed on the Order form, before entering into and signing this Agreement. If in any doubt, you should seek independent professional or legal advice before signing this Agreement.
All motorhomes, caravans and campervans are sold for holiday and recreational purposes only i.e. the motorhome, caravan or campervan must not be used as a permanent residence or for business use, hire or reward of any kind. Any warranties will be void if the motorhome, caravan or campervan is used outside the recreational terms.
Warranty
1. A new Vehicle is sold with such warranty and/or guarantee as is provided by the manufacturer of the Vehicle, and the Customer hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee. Details about the warranty and/or guarantee will be provided to the Customer before entry into the agreement.
2. A used Vehicle is sold with such warranty and/or guarantee as is provided by Harbour Creek Ltd for a period of 3 Months from the date of collection of the vehicle, and the Customer hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee. Details about the warranty and/or guarantee will be provided to the Customer before entry into the agreement.
3. The Customer may purchase additional guarantees and/or warranties with their Vehicle as set out in the Order Summary. The Company will provide the Customer with details of any purchased guarantees or warranties before entry into the agreement.
4. Where the Customer deals as a consumer or is a consumer (as defined in applicable legislation), the Customer may have the benefit of any additional protection under such legislation. Subject to this and to Condition 14 (f), the Company makes no other warranty or representation regarding the Vehicle, including without limitation its suitability for the Customer, its quality, performance or characteristics, its insurance status and/or whether it qualifies for third party financing. All other conditions, warranties, stipulations, representations and statements whether express or implied by statute at common law or otherwise howsoever relating to the Vehicle are hereby excluded to the fullest extent permitted by law.
5. Except as set out in Condition 14 (f) the Company shall not be liable to the Customer or any third party for any direct or indirect loss whatsoever arising out of or in connection with the supply of the Vehicle or its use by the Customer or any third party. In particular but without limitation the Company shall not be liable for claims for loss of amenity, loss of profit, loss of opportunity, loss of earnings or any consequential loss. The Company shall not be liable to the Customer or be deemed to be in breach of this agreement by reason of any delay or failure to perform any of the Company’s obligations in relation to the Vehicle, if such delay was due to any cause beyond the Company’s control.
6. The Company does not exclude or limit in any way our liability when it would be unlawful to do so. This includes liability for death or personal injury caused by the Company’s negligence, for fraud or fraudulent misrepresentation.
Distance and Off Premises Contracts
1. Harbour Creek Ltd do not operate an organised distance sale scheme.
2. 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 Harbour Creek ltd or (2) the contract is agreed face-to-face with Harbour Creek ltd in a place that is not The Harbour Creek ltd business premises or (3) the Customer places an order during a face-to-face meeting with Harbour Creek ltd that happens in a place that is not Harbour Creek ltd business premises or (4) the contract is entered into on Harbour Creek ltd business premises or through any means of distance communication immediately after a face-to-face meeting between Harbour Creek ltd and the Customer in a place that is not Harbour Creek ltd.’s business premises, then the Customer may cancel the contract up to 14 days after.
3. Recital no. 22 to The Directive (on which the Regulations are based) states: “All types of premises (such as shops, stands or lorries) in which the contractor continuously or habitually conducts their business should count as business premises. Market and trade fair stands should be treated as business premises if they fulfil this condition.”
4. In order to exercise the right to cancel the Customer must provide Harbour Creek ltd with a clear statement (e.g. a letter sent by post, fax or email). The statement should be sent to Harbour Creek ltd using the contact details contained within the order form within the 14-day cancellation period and the goods returned to Harbour Creek Ltd premises also withing the 14-day cancellation period.
5. On cancellation and receipt of the returned goods, Harbour Creek ltd will reimburse the Customer all payments received from the Customer for the purchase with a cost deduction up to 10% to account for any damage, wear, pre-registration losses, odometer mileage incurred, preparation and registration costs, or any other depreciating factor applied by the purchaser that may have an impact on the resale value from the date of collection.
6. On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part-exchange Harbour Creek ltd will at Harbour Creek ltd.’s discretion either return the part-exchange or pay the agreed part-exchange value (after deduction of the sums paid by Harbour Creek ltd 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 Harbour Creek ltd on demand.
7. 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, Harbour Creek ltd may recover that amount from the Customer. Harbour Creek ltd can deduct it from the reimbursement provided for under clause 14(d) of these Terms and Conditions. Harbour Creek ltd will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 20 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
8. If the Goods are made to the Customer’s specifications or personalised in anyway then the Customer does not have the right to cancel the contract.
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.
Harbour Creek 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 Harbour Creek Ltd does not do so), to inform the Customer about similar products that Harbour Creek Ltd provides. The Customer may stop receiving this information at any time by contacting Harbour Creek Ltd.
The terms of this agreement do not affect and cannot exclude any of the Purchaser’s statutory rights as a consumer.