Terms and conditions
Standard Conditions of Trading of Spinney Garage Limited
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The following terms and conditions apply to all contracts for the sale of Goods made by Spinney. These Terms and Conditions shall prevail over any other documentation or communication from the Purchaser including specifically any pre-contractual representations. Any variation whatsoever to these Terms and Conditions shall not be binding unless agreed in writing by the Seller.
In this document the following words shall have the following meanings:
“Seller” means Spinney Garage Limited and all companies and undertaking which are now or in the future become subsidiary undertakings of the Seller or any holding company.
“Purchaser” means the person or in the case of a company the legal entity who buys Goods from the Seller.
“Goods” means any item that the Purchaser agrees to buy from the Seller.
“List Price” means the list of prices of the Goods as amended from time to time.
1. The Goods will correspond with their specification subject to such tolerances as are reasonable and as are normally accepted in the trade and will be free from defects in material and workmanship at the time of delivery. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Manufacturers specification, which do not materially affect their quality or performance. In the event of the manufacturer ceasing to make a motorhome or caravan of the type ordered by the Purchaser, the Seller shall return the deposit in full to the Purchaser and cancel this agreement without further liability on his part.
2. Delivery
2.1. The Seller shall use reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Purchaser or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
2.2. Delivery of the Goods shall be made by the Seller notifying the Purchaser that the Goods are available for collection at the Seller’s premises. Title and risk in the Goods shall pass to the Purchaser upon delivery of the Goods.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchaser’s acceptance of these Terms and Conditions.
2.4. If the Purchaser shall fail unlawfully to take delivery of the Goods or to perform any essential obligations under this agreement, the Seller shall be at liberty to treat the agreement as repudiated.
3. Price and Payment
3.1. The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in any quotation at the date of order or as agreed between the Seller and Purchaser.
3.2. Payment shall be made Bank Transfer or Debit Card. Payment of the total purchase price (including VAT and any delivery charges) must be made in full before delivery of the Goods.
3.3. The Purchaser shall pay the Seller the balance of the purchase price of the Goods before delivery. Delivery will not take place before the date indicated on the order form unless an earlier delivery date is agreed.
3.4. If a finance company is used to pay for the Goods in full or in part, the Seller may apply a fee of up to £150 to cover administration costs. This will be added to the total cost of the Goods.
3.5. If the Purchaser fails to make any payment on the due date, then, without prejudice to any other right or remedy available the Seller reserves the right to cancel the contract and retain any deposit paid.
4. Part Exchange
Where the Seller agrees to allow part of the purchase price to be satisfied by the Purchaser delivering a used motorhome or caravan in part exchange, the used motorhome or caravan shall be delivered to and accepted by the Seller subject to the following conditions.
4.1. The used motorhome or caravan shall be delivered to the Seller in the same condition as described by the Purchaser at the time of the order (subject only to fair wear and tear); and
4.2. Any quoted or estimated part exchange value for the used motorhome or caravan will only be confirmed upon physical inspection by the Seller; and
4.3. The used motorhome or caravan is (i) the absolute property of the Purchaser and free from any Hire Purchase Agreement or other legal encumbrance whatsoever or (ii) the used motorhome or caravan is the subject of a Hire Purchase or Credit Sale agreement capable of assignment by the Purchaser and of cash settlement by the Seller, and in such a case the amount of the purchase price allowed by the Seller in respect thereof shall be reduced by the amount paid in settlement by the Seller.
4.4. In the event of a used motorhome or caravan being taken in part exchange for the Goods the Seller may without delay proceed to dispose of such used motorhome or caravan taken in part exchange. The agreed allowance in respect of such used motorhome or caravan taken in part exchange shall not necessarily be the cash price that the Seller may achieve in a subsequent sale and in the event of the used motorhome or caravan being sold prior to the delivery date of the Goods and in the event either that the Goods are not delivered or for some reason as stated in this contract the order is cancelled the sum to be paid by the Seller to the Purchaser in respect of the used motorhome or caravan taken in part exchange and so sold shall not be more than the price at which the used motorhome or caravan was sold.
5. Cancellation and Returns
5.1. The Purchaser shall inspect the Goods immediately upon delivery and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the contract.
5.2. If the Goods are returned, they must be in a saleable condition. Where returned Goods are found to be damaged due to the Purchaser’s fault the Purchaser will be liable for the cost of remedying such damage.
5.3. The Seller shall be under no liability in respect of customers failure to follow the Seller’s instructions including those set out in manufactures handbook.
5.4. In the case of cancellation, the deposit shall be forfeited. Unless specifically detailed in writing on the order, the Purchaser’s liability will not exceed the full value of the deposit.
5.5. The Seller shall be entitled to dispose of the Goods as he may think fit and shall not be under any liability to account to the Purchaser for the price received following cancellation for any reason.
6. Distance Selling Regulations
6.1. Where a contract made between the Seller and Purchaser are not together, which is negotiated and agreed by one or more organised means of distance communication – for example, by phone, post or over the internet the Purchaser has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 days, starting the day after the day on which the Goods come into the physical possession of the Purchaser.
6.2. Goods must be returned at the Purchaser’s cost and should be adequately insured during the return journey. The Purchaser shall receive a refund of all monies paid for the Goods within 30 days of cancellation. When returning Goods from an order that was originally carriage free the standard delivery charge will be deducted from the refund. If at any time the Purchaser attended to premises of the Seller for example to inspect or take delivery of Goods, the contact shall revert to an on-premises contract, distance selling rules shall no longer apply.
6.3. Bespoke or personalised items or Goods made to Order are not covered by this clause 6.
7. Any notice to be given under this agreement shall be deemed to have been received if delivered by hand, on signature of a delivery receipt or if sent by pre-paid post by providing proof of delivery. A notice given under or in connection with this agreement is not valid if sent by email.
8. The terms of this agreement do not affect or exclude any of the Purchaser’s statutory rights as a consumer.
9. Neither the Purchaser or Seller shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and each party shall be entitled to a reasonable extension of its obligations.
10. If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. The Purchaser is advised that certain personal details will be stored for future reference. Data retained will be used for specified, explicit purposes and in a way that is adequate, relevant, and limited to only what is necessary. The data will be stored electronically and will be kept for no longer than is necessary and handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction, or damage.
