The terms below will apply to every purchase of a caravan by National Caravan Buyer
Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis.
No legally binding contract between the Seller and the Company will be formed in any circumstances until (i) the company has had the opportunity to conduct an appraisal of the caravan and inspect the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a qualified mechanic or approved agent on behalf of National Caravan Buyer. AND (iii) the parties have entered into the company's standard written contract of purchase which incorporates the terms stated below.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights. References to the "Company" or " National Caravan Buyer ".
References to the "Seller" relates to you, the owner of the caravan, motorhome or static caravan which is the subject matter of the purchase.
References to "Approved Agent" relates to an individual or company nominated by National Caravan Buyer to complete the purchase on it's behalf.
1. Purchase Process
In order to commence the purchase process, you (the Seller) must visit the National Caravan Buyer website and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the caravan, motorhome or static caravan that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail which contains a valuation (touring caravan only, a member of National Caravan Buyer or an approved agent will telephone to discuss a motorhome or static caravan enquiry). The valuation is provided on a "subject to contract" basis and is not legally binding. National Caravan Buyer reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Price Quoted
The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT). All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller. If for some reason an error in the valuation quoted has occurred, National Caravan Buyer will rectify the price as soon as reasonable practicable after notification of the mistake No liability whatsoever can be accepted by National Caravan Buyer for accidental mistakes or errors caused by system failures. In the case of a motor vehicle, any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to National Caravan Buyer will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as one hundred miles or over.
National Caravan Buyer or it's approved agent will pay for the vehicle by direct transfer of funds into the bank account of the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose. Cleared funds should take between 10-30 minutes depending on customer's processing bank after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances. National Caravan Buyer or it's approved agent will not be liable for any lost payment due to bank account details being provided incorrectly by the seller either verbally, via email or if a fraud has been committed, in this instance National Caravan Buyer may find the seller liable for any lost monies and loss of profits that the company or it's approved agent may suffer. National Caravan Buyer has proceedures in place to ensure the data we hold is secure.
4. Seller's Warranties
The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true. The Seller warrants that the caravan, motorhome or static caravan is not subject to undisclosed finance. The Seller warrants to the best of his knowledge and belief that the caravan, motorhome or static caravan has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs. The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with. The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like). The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about. The Seller warrants that he is the legal owner of the item they wish to sell, has the right to transfer the full unencumbered legal title and full ownership of the caravan, motorhome or static caravan to the Company or it's approved agent. The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. Caravan, Motorhome or Static Caravan subject to Finance
It is the responsibility of the Seller to disclose to National Caravan Buyer or it's approved agent any existing finance associated with the vehicle. National Caravan Buyer or it's approved agent may agree to settle off the existing finance in lieu of payment (or part payment) of the caravan, motorhome or static caravan to the Seller at its absolute discretion. National Caravan Buyer or it's approved agent has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion. If the agreed sale price of the caravan is lower than the settlement figure required to fully settle any related finance, the Seller must pay National Caravan Buyer or it's approved agent the difference between the settlement figure and the agreed sum in advance of National Caravan Buyer or it's approved agent settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated. 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. National Caravan Buyer or it's approved agent does not accept any liability with respect to the related finance at any time or for any reason. National Caravan Buyer or it's approved agent will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. Property and Risk
Risk and property in the caravan will pass from the Seller to the Company or it's approved agent at the time that the National Caravan Buyer or it's approved agent has transferred payment. Risk and property in these circumstances will therefore pass on the "issue" of payment by National Caravan Buyer or it's approved agent to the Seller and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the clearance of the cheque (or other appropriate means of payment) to the third party.
The caravan will be inspected by a National Caravan Buyer or it's approved agent prior to completion of the purchase. A revised valuation may be offered where (i) the caravan, motorhome or static caravan does not fully comply with the information provided during the online valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not disclosed affect the valuation.
8. Miscellaneous Items
When the Seller delivers the caravan, he shall provide National Caravan Buyer or it's approved agent with all the necessary documentation relating to the caravan such as service record and invoices, CRIS (log book), spare keys, manuals etc.
9. Consequential Losses
The Company, 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.
10. Exclusion of Liability
The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
12. Third Party Rights
Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
13. Governing Law and Jurisdiction
The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts. National Caravan Buyer is a trading name of Nationwide Caravanning UK Limited whose registered office is The Barker Partnership,17 Central Buildings, Market Place, Thirsk, North Yorkshire, YO7 1HD. Registered in England & Wales under company registration number 8663777. VAT Reg 173 2136 29.