Terms & Conditions
In these conditions, unless the context requires otherwise:
‘Buyer’ means the person who buys or agrees to buy the goods from a seller;
‘conditions’ means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the seller;
‘Delivery date’ means the date specified by the seller when the goods are to be delivered;
‘goods’ means the articles which the buyer agrees to buy from the seller.
1.5 ‘Price’ means the price for the goods excluding carriage, packing, insurance and the price will be include VAT unless otherwise stated;
1.6 ‘New Caravan’ means any caravan for sale that has no previous owners and is described by the seller in its quote as a new caravan;
1.7 ‘Used caravan’ means any caravan for sale which has had a previous owner or owners and is described by the seller in its quote as a ‘used caravan’: ‘Warranty Document’ means the document detailing the warranty provided by the seller which is provided to the buyer when the buyer purchases any caravan other than a new caravan; and seller means Mr RES SELDON & Mr GMJ SELDON TRADING AS Seldons Golden Gate Holiday Centre;
Conditions applicable
These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
Acceptance by the Buyer signing these Conditions shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and Payment
The price shall be the Sellers quoted price.
3.2 Payment shall be made by the buyer in accordance with the clauses detailed below unless agreed otherwise.
3.3 A deposit of 10% of the price is payable by the Buyer to the Seller immediately upon signing the Contract. The deposit shall be non-refundable which will mean that, should the buyer either choose not to proceed with the sale, the deposit shall not be returned to the Buyer.
3.4 Payment of the balance of the price shall be due within 7days of the date of signature. The seller shall not be bound to deliver the Goods until the Buyer has paid for them and the payment has cleared. Payment in accordance with this clause shall be of the essence and, should payment not be received in accordance with this clause, the Seller shall be at liberty to terminate the agreement and retain the deposit paid by the Buyer.
3.5 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate if 4% over base rate of a London clearing bank nominated by the Seller from time to time in force and shall accrue at such a rate after as well as before any judgement .
The Goods
The quantity and description of the goods shall be as set out in the sellers quotation.
Warranties and liability
5.1 The seller warrants that the goods supplied at t he time of delivery correspond to the description given by the seller, with the additional specific provisions as detailed below which shall apply when the goods are caravans.
5.2 When the buyer purchases a new caravan from the seller the caravan will have the benefit of the warranty provided by the manufacturer of the new caravan and shall have no additional warranty save for as detailed in these conditions.
5.3 When the buyer purchases a used caravan from the seller the caravan will have the benefit of the warranty provided by the seller as detailed in the warranty document and shall have no additional warranty save as for detailed in these conditions.
5.4 Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation3(1) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
Delivery of the Goods
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises on the Delivery Date or, in the case of a purchase of a caravan to be sited on the Seller’s caravan site, on the siting of the caravan on the site by the seller. The buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 Delivery of the Goods shall not take place until payment of the Price has been received in full in accordance with clause 3 .
Acceptance of the Goods
The Buyer shall be deemed to have accepted the goods upon delivery and, after acceptance of the Good, the Buyer shall not be entitled to reject the Goods which do not correspond with the description of the Seller.
Title and Risk
Title shall pass on the delivery of the Goods
Risk shall pass on the delivery of the Goods
Remedies of the Buyer
Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
The Seller shall not be liable to the buyer for late delivery or short delivery of the Goods.
Proper law of Contract
This contract is subject to the law of England and Wales.