Vehicle Sales Terms and Conditions for Erwin Hymer Centre (Travelworld)
1. Prices are quoted inclusive of value added tax, where applicable. This will be charged at the rate ruling at the date of supply.
2. 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 (Erwin Hymer Centre (Travelworld)) will notify you (the Purchaser) of the increase and, if you do not wish to accept the increase, we will cancel the order and return to you any deposit paid in full.
3. Where the agreement is for the purchase of goods to be ordered from any Manufacturer (e.g. built to order), we and you will agree an estimated delivery date. We will use best endeavours to deliver by such date, but do not guarantee time of delivery. We shall not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay caused by factors outside our control.
4. If we fail to deliver the vehicle within 30 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 you in full and we shall have no further liability for any losses that were not foreseeable by both parties at the time the contract was formed.
5. In the event of the Manufacturer ceasing to make a vehicle of the type ordered by you, we shall return the deposit in full to you and cancel this agreement and we shall have no further liability for any losses that were not foreseeable by both parties at the time the contract was formed.
6. You may cancel the order within a cooling-off period of 5 days (for on-premises contracts) or, in the case of off-premises or distance contracts, the cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods. If you cancel within these periods you will receive back in full all monies paid. If the order is cancelled after these periods have expired, we will be entitled to recover our reasonable losses (e.g. as a deduction from any payment) as a result of the cancellation.
7. Where we agree to allow part of the purchase price to be satisfied by you delivering a used vehicle in part exchange, the used vehicle shall be delivered to and accepted by us subject to the following conditions:
(a) that the used vehicle will be delivered to us in the same condition as described by you at the time of the order (subject only to fair wear and tear); and
(b) that any quoted or estimated part exchange value for the used vehicle will only be confirmed upon physical inspection by us; and
(c) that either
(i) the used vehicle is your absolute property and free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or
(ii) the used vehicle is the subject of a Hire Purchase or Credit Sale agreement and any outstanding finance is capable of being settled by us.
In such a case the amount of the part exchange allowance shall be reduced accordingly.
8. In the event of a used vehicle being taken in part exchange, we may proceed to dispose of it before delivery of the goods:
(a) If we dispose of the part exchange vehicle within the cooling off period or if the order is cancelled by us, the sum to be paid back for the part exchange vehicle shall be the previously agreed part exchange allowance price.
(b) In all other circumstances where the goods are not delivered or where the order is cancelled by you, 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 us or the previously agreed part exchange allowance price.
9. You will pay us the balance of the purchase price of the goods before delivery. Once you have paid us in full for the goods, we will give you a reasonable length of time in which to take delivery, but if you fail to do so, we will dispose of the goods and will recover our reasonable losses before issuing the proceeds of the sale to you. Delivery will not take place before the date indicated on the order form unless an earlier delivery date is agreed.
10. If you fail reasonably to pay the balance of the purchase price of the goods, we may cancel the agreement and we will be entitled:
(a) to recover our reasonable losses (e.g. as a deduction from any deposit) as a result of the breach, and
(b) to dispose of the goods as we may think fit without any liability to you.
11. Any notice to be given under this agreement shall be deemed to have been duly served if sent by Recorded Delivery to your last known address in our possession and subsequently recorded as having been delivered.
12. You should discuss with us 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 signing this Agreement. If in any doubt, you should seek independent legal advice before signing this Agreement.
13. Nothing in these terms and conditions will affect your statutory rights relating to either faulty or misdescribed goods, or poor quality services. For more information on these statutory rights contact a local authority Trading Standards Department or Citizens Advice Bureau.