Buyer’s Terms and Conditions for purchases of New & Pre-Owned stock Motorhomes from Harbour Creek Ltd.
Harbour Creek Ltd – 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 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.
- In the event of the Manufacturer ceasing to make a motorhome 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 on his part.
- 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:
- 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 (subject only to fair wear and tear); and
- 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
- that either (i) 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 (ii) 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 and in the event of the used motorhome, caravan or vehicle 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 is cancelled the sum to be paid by the Seller to the Purchaser in respect of the used motorhome, caravan or vehicle taken in part exchange and so sold as aforesaid shall not be more than the price at which the used motorhome, caravan or vehicle was sold.
- 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 and prior to delivery. 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 deposit paid less any 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 deposit will be forfeited as per condition 8 (a) 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.
- If the Purchaser shall fail unlawfully to take delivery of the goods or to perform any essential obligations under this agreement, the Seller shall be at liberty to treat the agreement as repudiated and thereupon:
- The deposit shall be forfeited. Unless specifically detailed in writing on the order, the Purchaser’s liability will not exceed the full value of the deposit.
- 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, before entering into the Agreement. If in any doubt, you should seek independent professional or legal advice before signing the Agreement.
- All motorhomes are sold for holiday and recreational purposes only i.e. the motorhome must not be used as a permanent residence or for hire, any warranties will be void if the motorhome is used outside the recreational terms.
- Distance and Off Premises Contracts
- 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.
- 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.
- 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 upto 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.
- 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.
- 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 11(c) 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.
- If the Goods are made to the Customer’s specifications or personalised in any way 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. For more information on these statutory rights contact a local authority Trading Standards Department.