Acare Leisure (Autohaus) – Terms and Conditions.
1. Definitions
1.1“The Dealer”, the person designed overleaf who is the vendor of the goods to the customer.
1.2 ”The Customer”, the person designed overleaf, contracting for goods and services to be supplied by the Dealer.
1.3 ”Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.4 ”Vehicle” includes any campervan, van, car and generally each and every accessory to and component thereof.
1.5 “The Manufacturer/supplier” the distributor of the bas vehicle for conversion.
2. Whole Contact
2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
2.2. The email order for the sale of a motor vehicle (campervan conversion), if any, (described below as the Goods) by us, Acare Leisure Limited trading as Acare Leisure Limited (the Seller) at the agreed price (the Total Retail Price) and any allowance in respect of a used motor vehicle offered by you (the Buyer) incorporates the following clauses to form the contract between us.
3. Interpretation
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4. Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
5. Written Confirmation
5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.
6.Contract
6.1. The email order for the sale of a motor vehicle (campervan conversion), if any, (described below as the Goods) by us, Acare Leisure Limited trading as Acare Leisure Limited (the Seller) at the agreed price (the Total Retail Price) and any allowance in respect of a used motor vehicle offered by you (the Buyer) incorporates the following clauses to form the contract between us.
6.2. The vehicle email order (except when varied by an express agreement between the parties which is recorded in writing and authorised by a representative of the Seller) shall constitute the entire contract between the parties.
6.3. Furniture colour, upholstery colour, pattern, stitching colour and pattern many be decided later
than the email that forms the contract between the Seller and the Buyer. The Buyer must confirm their requirements with the Seller. These requirements must be confirmed in writing (email) by the Buyer to the Seller. This will form part of the contract and no alteration will be made without the
written consent from the Seller agreeing to alteration. No such alterations will be made to furniture or upholstery if already made at the time that the Buyer alters their choice.
7. Completion works.
7.1. The Seller will endeavour to ensure completion of a conversion, restoration or remedial work by an agreed date but shall be under no liability whatsoever for loss occasioned by delay in not meeting the date that are due to matters arising out of any cause beyond the control of the Seller.
7.2. The Goods may be made available by the Seller in advance of the estimated completion date.
7.3. Completion shall be deemed to have been made on the date that the Goods are made available for collection by the Buyer and the Seller has given notice to the Buyer that the Goods are ready for collection. The Goods will be physically delivered by the Seller to the Buyer only when agreed by the Seller and at the Buyer’s cost.
7.4. The Seller may at any time cancel the contract if suppliers/manufacturers cease to make the Goods or if the manufacturer/suppliers cease to supply the Goods to the seller. If the Seller is unable to supply any option or accessory, whether factory fitted or otherwise, the Seller may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price. The inability of the Seller to supply an option or accessory shall not constitute a breach of contract or entitle the Buyer to reject the Goods.
8. Price and Payment
8.1 On agreement of a purchase the Buyer will pay a deposit to the seller of the amount of £5,000. Once the Vehicle has arrived at the Sellers factory and the conversion is about to commence the Buyer will pay the Seller 50% of the remaining balance. The remain 50% of the balance must be paid and cleared before the vehicle is collected. Payment for the Goods except for the Deposit which may be paid by credit card must be paid by bank transfer unless an alternative payment arrangement has been made in agreement in writing with the Seller.
8.2. The Goods will remain the property of the Seller and the Buyer shall not be permitted to collect the Goods until the Total Vehicle Price agreed by email for the vehicle and conversion has been discharged in full (without set-off or counterclaim). Bank transfers or card payments by the Buyer in payment or part payment shall not be treated as a discharge until such payments has been cleared through the Buyer’s bank.
8.3. If the Buyer arranges for a finance company to purchase the Goods from the Seller at the Total Vehicle Price payable the Seller shall not release the Goods until the Total Vehicle Price has been discharged in full, including receipt of cleared funds from the said finance company.
9 Part Exchange
9.1. Where the Seller agrees to allow part of the purchase price of the Goods to be paid by the Buyer delivering a used vehicle to the Seller, such allowance is agreed to be given and received and such used vehicle is agreed to be delivered and accepted as part of the sale and purchase of the Goods subject to the condition that when such used vehicle is delivered to the Seller after examination by the Seller, the used vehicle shall be delivered in the same condition as when originally examined subject only to fair wear and tear and provided always that either:-
9.1.2. the used vehicle for which the Buyer receives such allowance must be his or her property absolutely and not the subject of any hire purchase agreement or other legal encumbrance whatsoever; or
9.1.3. if such used motor vehicle shall be the subject of a hire purchase transaction then such hire purchase transaction must be capable of early settlement by the Seller and the Total Retail Price due to the Buyer shall be reduced by the amount of such settlement.
10. Failure to collect goods.
10.1 If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time, we will sell it at auction.
10.2 Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost because of having to re sell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.
10.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
11. New Goods
11.1 The Seller requires all Buyers to pay a proportionate deposit set by the Seller as a reservation for any base vehicle ordered. Where a cancellation of the order is made by the Buyer the Seller will repay the deposit once the cancelled vehicle ordered for the Buyer has been reserved by another Buyer.
11.2 If the base vehicle ordered for conversion from the manufacturer/supplier has been ordered by the Seller on the Buyer’s specifications or clearly personalised, then the Buyer does not have the right to cancel the contract.
11.3 If the base vehicle ordered by the Seller has standard specifications and has not been personalised by the Buyer, the contract may be cancelled by the Buyer providing that the order has been cancelled before conversion has commenced.
11.4. The initial delivery of the Goods (base vehicles) shall be subject to any terms and conditions of the manufacturer regarding the supply or resale of those Goods. The Seller shall not be liable for any failure or delay caused by or resulting from the Seller’s compliance with such terms and conditions.
11.5 If, after the date of this contract, the manufacturers recommended retail price for any of the Goods (base vehicle) shall be increased at any time or times before delivery of the Goods (base vehicle), the Seller may give notice of any such increase to the Buyer in which event the Buyer shall pay to the Seller the amount of the addition or additions to such price, unless within seven days after receipt of such notice he gives notice to the Seller that he declines to do so, in which case the Seller shall have the option by notice in writing to the Buyer to cancel this contract subject to the deposit being returned to the Buyer. If no notice is received by the Seller from the Buyer within such period, then the Buyer shall be bound to purchase the Goods at the increased price.
11.6 In the event of the manufacturer of the Goods (base vehicle) above described ceasing to make a vehicle of that type (whether the estimated date of delivery has arrived or not) the Seller shall be at liberty to declare this contract to be at an end and return the deposit to the Buyer without any further liability on his part. The Seller will where possible offer to the Buyer another vehicle of a similar type, but the Buyer shall be under no obligation to accept such vehicle.
11.7. If Goods were not supplied via the manufacturers official distributor/s the Buyer accepts that the specification may vary.
11.8. If the manufacturer is unable to accept the order for the Goods (base vehicle) then the Seller may, by notice in writing to the Buyer cancel the contract. Upon such cancellation any deposit paid by the Buyer shall be returned and the Seller shall be under no further liability to the Buyer.
12.Examination of Goods and Reliance
12.1. Prior to signing the vehicle handover document the Buyer shall examine the Goods purchased. The Buyer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects and have been notified by the Seller to the Buyer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
12.2. The Buyer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon the Seller’s skill or knowledge regarding the Goods’ fitness for any particular purpose or use.
13. Dispute resolution/ jurisdiction
13.1 This Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
13.2. In terms of the conversion warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge. Full conversion warranty terms and conditions can be found at https://autohaus.co.uk/warranty-terms-conditions/ The Seller shall have no liability to the Buyer for warranty work required under warranties provided by the base vehicle manufacturer.
13.3 In the event of any dispute or disagreement arising out of or in connection with these terms and conditions or contract the Seller and the Buyer shall first negotiate in good faith and try to find a settlement of such dispute and/or by mediation/ or attend a dispute resolution process if necessary.
13.4 If negotiation is not successful any notice or letter under or in connection with this terms and conditions or contract will be in writing and shall be served by hand, or by recorded delivery to the relevant party/s.
14. Warranty
14.1 If the Goods are new the Seller undertakes to assist the Buyer in obtaining from such manufacturer any warranty or guarantee given by the manufacturer to the Seller in respect of the Goods.
14.2 In the case of the Goods being a second-hand vehicle, the Seller shall transfer to the Buyer the unexpired portion of the manufacturer’s warranty (if any) together with Acare Leisure’s 12-month warranty. The Buyer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold subject to such wear and tear as is reasonable for a vehicle /converted vehicle of its age, type, usage, and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.
14.3 Acare leisure warranty details can be found as noted at 13.2.
15.Distance and Off Premises Contracts
15.1 The Goods provided by the Seller are bespoke to the Customer order. The base vehicle supplied by the Manufacturer is converted from its original body type to that of a campervan or motor home. As such the Goods are made to the buyer’s specification and are clearly personalised by the Buyers choice of interior colours and additional extras.
15.2 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 If the Goods are made to the Buyer’s specifications or clearly personalised, then the Buyer does not have the right to cancel the contract.
15.3 Orders taken at shows or events where the Seller can demonstrate goods to the Buyer and the Buyer orders against that which has been viewed are not considered by the Seller as an off-premises contract.
16.Defective Goods
16.1 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
17. Place of delivery
17.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Dealer’s premises.
18. Loss or Damage
18.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle and in respect of any loss or damage not the responsibility of the Dealer, must rely upon his own Insurance.
19. Retention of Title and Risk
19.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered by the Dealer to the Customer. Delivery shall take place at the premises of the Dealer unless the parties otherwise agree in writing.
19.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
19.3 Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner, which makes them readily identifiable as the goods of the Dealer.
19.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or If they, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Dealer may for the purposes of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
19.5 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times Identifiable as the Dealer’s monies.
20. Right of Lien
20.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.
21. Authority to Uplift
21.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
22. Authority to Drive.
22.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 9.
23. Storage Charges
23.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.
24. Notices
24.1 All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post/email to the Customer’s email address/postal address.
25. Export
25.1 The Dealer reserves the right to cancel this order if it believes that;
25.1.1 The Customer intends to export the Goods outside the United Kingdom for commercial gain within a period of 12 months; or
25.1.2 where the Customer is a corporation its place of business is not within the United Kingdom; or
25.1.3 where the Customer is a finance company, that the Goods are not being purchased on behalf of an end user and such end user is not resident nor has its place of business within the United Kingdom.
25.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the United Kingdom.
