New Statics for Sale (HARRISON LEISURE UK LIMITED)
TERMS AND CONDITIONS OF SALE
- These terms and conditions of sale apply to all goods supplies by Harrison Leisure.
- Sellers order is treated as an offer to purchase goods on these standard Conditions. No contract shall exist until the Purchaser accepts the order in writing on the Sellers Sales Order Form.
- Where the caravan 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 caravan 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.
- The Purchaser may cancel the order within a cooling-off period of 7 days from the date of the order, and receive back in full any deposit paid. If the order is cancelled after that date, any refund of the deposit will be at the sole discretion of the Seller.
- Part Exchange
- 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.
- Where the Seller agrees to allow part of the purchase price to be satisfied by the Purchaser delivering a used caravan in part exchange, the used caravan shall be delivered to and accepted by the Seller subject to the following conditions:
- that the used caravan 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 caravan will only be confirmed upon physical inspection by the Seller; and
- 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 purchase price allowed by the Seller in respect thereof shall be reduced by the amount paid in settlement by the Seller.
- The agreed allowance in respect of such used caravan 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 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 is cancelled 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.
- All prices payable are inclusive of Value Added Tax. Value added tax will be charged at rate ruling in force on balance payment.
- The Purchaser shall pay the seller the balance of the purchase price of the goods before delivery.
- Delivery will not take place until 14 days after the balance has been paid in full
- Delivery dates given by the Seller to the Buyer shall form part of the contract. If shall fail to adhere to its own delivery date, and fails to inform the Buyer of any such change in date, then the Buyer shall be at liberty to treat the Agreement as repudiated thereupon.
- Delivery is deemed to take place when the Goods are delivered to our nominated address.
- The seller reserves the right to postpones deliveries or cancel unfilled contract in whole or in part thereof with a purchaser.
- If the Purchaser Shall fail to lawfully take delivery of the goods or to perform any essential obligations under this agreement, the Seller shall be at liberty to treat this 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 he price received thereto.
- All new caravans will be subject to a pre-delivery inspection by the Seller’s After Sales Department.
- Manufacturing faults, found after the pre-delivery checks, shall be reported to the Seller in a timely fashion.
- The Buyer shall not be liable for any warranty fault, which comes under the terms of the Sellers standard manufacturing warranty agreements.
- We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the delivery of the goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party). If we are unable to accept delivery of your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
- If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation.
- Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
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 or Citizens Advice Bureau.
These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.