- The terms of this agreement do not affect and cannot exclude any of the purchasers statutory rights as a consumer. For more information on these statutory rights contact a local authority Trading standards department or Citizens Advice Bureau.
- Orders for Goods, and offers of part exchange allowances for any used motor vehicle, must be confirmed in writing by the Seller and accepted by the Purchaser, subject in either case to these Conditions, which shall govern the Contract. No variation to these Conditions shall be binding unless agreed in writing by the Seller.
- The purchaser will pay the seller the balance of the purchase price of the goods before delivery. Delivery will not take place before the Estimated Delivery Date indicated on the Order form unless an earlier delivery date is agreed.
- If the Purchaser fails unlawfully to take delivery of the Goods or to perform any essential obligations under this contract. the seller may cancel the agreement. In such a case:
- The seller will be entitled to retain an amount form any deposit paid to cover the sellers reasonable costs as a result of the cancellation. Unless specifically detailed in writing on the order form, the Purchasers liability will not exceed the full value of the deposit.
- The Seller shall be entitled to dispose of the Goods and shall not be under any liability to account to the purchaser for the price received.
- Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the Goods.
- Notwithstanding the provisions of Clause 6 the property in the Goods shall not pass to the Purchaser until the Seller has received full payment for the Goods together with delivery of the used vehicle (if any) offered by the Purchaser in part exchange.
- Until such time as payment in full has been made by the Purchaser, the Seller shall be entitled at any time to require the Purchaser to deliver up the Goods.
- Any estimated date quoted for delivery of the Goods is approximate only and the Seller shall not be liable for any loss suffered by the Purchaser arising from any delay in delivery of the Goods, howsoever caused, subject to the following:
(a) If the Seller has failed to deliver the Goods within 21 days of the estimated date of delivery. the written notice to the Seller make time of the essence, and
(b) If the Seller fails to deliver the Goods within 7 days of receipt of the Purchaser’s written notice the contract may be cancelled at the option of either party, whereupon the deposit (if any) paid by the Purchaser shall be refunded in full but without interest.
- In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as part allowance of the price of the Goods. such allowance is given and received, and such used vehicle is hereby agreed to be delivered and accepted upon the following conditions:-
- that such vehicle is the absolute property of the Purchaser free from all encumbrances: or
- that such vehicle is the subject of a hire purchase or other encumbrance or encumbrances capable of discharge by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in discharge of the encumbrance or encumbrances.
(b) Fair wear and tear excepted, the Purchaser shall deliver the said used vehicle to the Seller in the same condition as at the Seller’s examination of it or acceptance of it prior to confirmation and acceptance of this order, and
(c) such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the Goods are ready for delivery and upon delivery property and risk in the said used vehicle shall pass to the Seller.
10. Failure by the Purchaser to comply with the foregoing Conditions (other than 9(d)) entitles the Seller to be discharged from its obligation to accept the said used vehicle or make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the Goods to be supplied by the Seller.
11. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry of 7 days following receipt by him of notification that the Goods are ready for delivery, arrange for a finance company to purchase the Goods from the Seller at the price payable hereunder. Upon the purchase of the Goods by such finance company. the preceding clauses of this Agreement shall cease to have effect but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser pursuant and subject to Clause 10 shall be bought by the Seller at a price equal to such allowance and the Seller shall account to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under the Agreement.
12. If the Goods to be supplied by the Seller are new, the following provisions shall have effect:
(a) The Seller undertakes that it will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that it will use its best endeavours to obtain from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by it to the Seller or Purchaser:
(b) Notwithstanding the sum of Car Tax and Valued Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally to pay at the time the taxable supply occurs.
Elite Motorhomes Ltd. New Registered Office: Gilmarde House, 47 South Bar Street, Banbury. Oxon OX16 9AB Registered in England and Wales No. 03454157