Agreement appointing buymymotorhome.com
for sale of a motorhome
In this agreement (the "Agreement"), the following terms shall have the following meanings:
|BMM:||buymymotorhome.com, Mansfield I-Centre, Hamilton Way, Mansfield, Nottinghamshire, NG18 5BR|
You, the owner of the motorhome
|Leisure Asset:||The motorhome for sale|
|Purchase Price:||The agreed sale price|
|Specific Terms:||Subject to viewing and being as described.|
The Agreement is made upon and subject to the Terms and Conditions below.
Terms and Conditions
These are the terms and conditions for the purchase of your leisure asset (motorhome, caravan, static caravan or any other asset) by Open Road Leisure Ltd which trades as BuyMyMotorhome.com, BuyMyCaravan.com and BuyMyStaticCaravan.com. Please read these terms and conditions before entering the agreement. If you have any questions about this agreement please contact us and we will be happy to answer any questions you have.
Before entering into the Purchase Agreement you will receive a valuation of your leisure asset. This valuation is provided on a “subject to contract” basis and is not legally binding. Open Road Leisure Ltd reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
The price quoted in the valuation will be in pounds sterling and will be inclusive of VAT.
The price quoted in the valuation is given in good faith and relies on the information given by the Seller. If the information provided is inaccurate, false or misleading it will result in an inaccurate valuation which cannot be relied upon by the Seller.
No liability whatsoever can be accepted by Open Road Leisure Ltd for an incorrect valuation which was given in good faith.
Open Road Leisure Ltd will make payment for the leisure asset as soon as possible subject to the usual criteria including physical inspection and delivery to the designated place.
Payment will not fall due if Open Road Leisure rescinds the contract after physical examination of the leisure asset.
The Seller expressly warrants that all of the information supplied during the valuation process is accurate and true.
The Seller warrants that the leisure asset is not subject to undisclosed finance.
The Seller warrants to the best of his/her knowledge and belief that the leisure asset had not been an insurance right-off or involved in any other serious accident or incident that required substantial repairs.
The Seller warrants that the mileage reading (where applicable) on the vehicle is true and accurate and that the odometer had not, to the best of his/her knowledge and belief been tampered with.
The Seller warrants that there are no undisclosed physical defects with the leisure asset that a purchaser would want to be informed about.
The Seller warrants that there are no undisclosed title defects with the leisure asset.
The Seller warrants that he/she is the legal owner of the leisure asset, has the right to transfer the full unencumbered legal title and full ownership of the leisure asset to Open Road Leisure Ltd.
The Seller warrants that no other person or entity has any claim to the leisure asset.
Leisure Assets Subject to Finance
It is the responsibility of the Seller to disclose to Open Road Leisure Ltd any existing finance associated with the leisure asset.
Open Road Leisure Ltd may agree to settle off the existing finance in lieu of payment or part payment of the leisure asset to the Seller as its absolute discretion.
If the agreed sale price of the leisure asset is lower than the settlement figure required to fully settle the outstanding finance the Seller must pay Open Road Leisure Ltd the difference between the settlement figure and the agreed sum in advance of Open Road Leisure Ltd settling off the outstanding balance on the finance. Failure to do so will give Open Road Leisure Ltd the right to terminate the contract between the parties.
The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. Open Road Leisure Ltd does not accept any liability with respect to the related finance at any time or for any reason.
Open Road Leisure Ltd will use its best endeavours to pay off the settlement sum on or before the due date. However, no liability is accepted if payment cannot be made by the due date.
Collection and Delivery
The leisure asset must be delivered by the Seller to the place designated by Open Road Leisure Ltd at the Sellers expense.
Where Open Road Leisure Ltd have agreed to collect and deliver the leisure asset for the Seller a charge for this service will be agreed in advance.
The Seller shall provide Open Road Leisure Ltd with all necessary documentation relating to the leisure asset such as finance details, service record, invoices, V5 log book, road tax disc, spare keys, manuals etc. at the time of collection / delivery.
The agreed purchase price will be valid for 14 days from the date of confirmation. If the leisure asset isn’t collected / delivered within 14 from the confirmation date then the contract is deemed cancelled and the cancellation fee comes in to effect unless agreed otherwise.
The leisure asset will be inspected by an Open Road Leisure Ltd representative prior to completion of this Purchase Agreement. A revised valuation may be offered where the leisure asset does not comply with the information provided during the valuation process, where the condition is such that it has a substantial impact on the value of the leisure asset or other factors not disclosed affect the valuation.
In addition to the initial inspection, the leisure asset may be examined by a qualified mechanic either before or after the Seller has signed this Purchase Agreement. If any serious defect is subsequently discovered, Open Road Leisure Ltd may rescind this contract.
If the Seller fails to complete the transaction and withdraws from this Purchase Agreement for any reason a cancellation fee will become due and payable immediately to Open Road Leisure Ltd. The cancellation fee will be equivalent to 5% of the initial valuation of the leisure asset plus VAT.
In the event of cancellation the Seller shall also reimburse Open Road Leisure Ltd for any costs and expenses incurred including collection and delivery costs, valet work and/or repairs which have been undertaken and any other costs and expenses which have been incurred by Open Road Leisure in relation to the leisure asset.
Open Road Leisure Ltd, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
Governing Law and JurisdictionThe governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.