CONDITIONS

1. Definitions

Charges: means the charges payable by you under the Contract as specified in the Contract Details.

Commencement Date: means the date specified in the Contract Details.

Conditions: these terms and conditions.

Contract Details: the contract details to which these Conditions are annexed.

Credit Terms: means the credit terms (if any) set out in the Contract Details and/or Schedule 2.

Delivery: means delivery of the Home to the Delivery Site or the handover of the Home to you (or anyone nominated by you).

Delivery Site: means the delivery site (if any) set out in the Contract Details.

Home: means the home specified in the Contract Details (if any).

Manufacturer’s Warranty: means a warranty in relation to a New Home given by the manufacturer.

New Home: means a new home.

Optional Extras: means any optional extras set out in the Contract Details.

Park: means the park upon which a Home is sited or will be sited.

Park Owners: means the owners of the relevant Park.

Park Rules: means the rules relating to the relevant Park.

Payment Terms: means the payment terms set out in the Contract Details.

Pre-owned Home: means a home that has been owned previously.

Pre-sited Purchase: means the purchase of a home that has already been sited onto a pitch in a Park.

Off-site Purchase: means the purchase of a home delivered to either a park or land not connected with the Company.

Relocation: means the relocation of a home owned by you.

Services: the services set out in the Contract Details (if any).

Specification: means the specification, dimensions, drawings and other details relating to the Home or the specification set out in the Contract Details.

2. Our Contract with you

2.1 This Contract shall commence on the Commencement Date.

2.2 These are the terms and conditions on which we provide the Home and/or any Services (as applicable) to you.

2.3 Please read these Conditions carefully. These Conditions tell you who we are, how we will provide the Home and/or the Services (as applicable) to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.

3. Information about us and how to contact us
   • We are Mobile Homes Abroad Limited a company registered in England and Wales, trading as Caravans in the Sun. Our company registration number is 05493730 and our registered office is at Chartwell House, 4 St Paul’s Square, Burton-on-Trent, Staffordshire, DE14 2EF. Our registered VAT number is 92716860.
   • You can contact us by telephoning our customer service team on 0800 6444546 or by writing to us by email: sales@caravansinthesun.com or at our trading address: Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ.
   • If we have to contact you we will do so by telephone or by writing to you at the email address or postal address set out in the Contract Details.
   • When we use the words "writing" or "written" in these terms, this includes emails.
4. The Home

New Homes

• If the Home or any Optional Extras have the benefit of a Manufacturer’s Warranty, we shall pass on the benefit of the Manufacturer’s Warranty to you at the same time as title to the Home passes to you in accordance with these terms. In these circumstances we shall have no liability where any defect or grievance raised by you is within the scope of the Manufacturer’s Warranty. We will provide you with a copy of/information relating to any applicable Manufacturer’s Warranty during the sales process. The relevant warranty period will commence on the date the Home leaves the factory.
• You hereby irrevocably authorise us to deal with any claims made against the manufacturer under the Manufacturer’s Warranty as your agent. We must be notified by you in writing using our online form (https://www.caravansinthesun.com/aftersales-reporting/) in respect of any damage or missing items within 24 hours of key handover. Any such notification following this period will not be acted upon.
• A Manufacturer’s Warranty may be voided in the event of an Off-site Purchase where the installation is not completed by a qualified installer with certification to validate this.
• Where the Home does not have the benefit of a Manufacturer’s Warranty, this is reflected in the Charges payable in respect of such Home.

Pre-owned Homes

• We offer no warranty in respect of any Pre-owned Homes or any fixtures or fittings contained in it. This is reflected in the Charges payable in respect of such Home. We do not inspect the condition of appliances and shall not be responsible for their condition. We advise you to have any appliances tested prior to purchase.

Optional Extras

• We offer no warranty, guarantee or cover in respect of any of the Optional Extras, including but not limited to in respect of missing or damaged items during transit or subsequent breakdown of such items following purchase. We recommend that all customers purchase such Optional Extras in order to obtain their own warranties.

General

• Our Specifications for the Home are approximate and the information contained in them is intended as a guide only. Any errors or omissions in the Specifications shall be subject to correction without any liability on our part. We reserve the right to make changes to Specifications which do not materially affect the quality of the Home.

5. The Park
   • Your agreement in relation to the Park, including but not limited to in respect of siting and connection if this is to be carried out by the Park, shall be with the Park (Park Contract).
   • Where the Park is responsible for installation of the Home, we shall not be responsible for any installation delays at the Park and the Park shall be responsible for correcting any installation problems in accordance with the Park Contract.
   • We shall not be responsible for any changes made to any Park Rules by the Park Owners or for any changes in the laws applicable to the region within which the Park is located.
   • We do not accept any responsibility, nor do we guarantee the upkeep of any aspects of the Park, including but not limited to site facilities and the day to day running of the site. If you have any problems in relation to the Park, these must be directed to the Park in accordance with the Park Contract.
6. Delivery, Siting and Connecting of the Home
   • All dates quoted for Delivery (including the Estimated Delivery Date) are approximate only, and the time of Delivery is not of the essence. We shall not be liable for any delay or failure in Delivery of the Home that is caused by an event outside our control or your failure to provide us with adequate delivery instructions (or any other instructions that are relevant to the supply of the Home) or your failure to provide us with (or procure the provision to us of) adequate access to the Delivery Site for the purposes of delivering the Home.
   • We shall confirm to you when the Home is ready for Delivery or, as the case may be, collection. If we are not able to deliver the Home to the Delivery Site within 28 days of such confirmation and this is as a result of your failure to provide us with adequate delivery instructions (or any other instructions that are relevant to the supply of the Home) or your failure to provide us with (or procure the provision to us of) adequate access to the Delivery Site for the purposes of delivering the Home:
     • Delivery of the Home shall be deemed to have been completed at 9.00 am on the 28^th day following the day on which we confirmed to you that the Home is ready; and
     • we may store the Home until Delivery takes place, and charge you for all related costs and expenses (including insurance); and/or
     • we may resell or otherwise dispose of the Home and, after deducting reasonable storage and selling costs, charge you for any shortfall below the price of the Home.

6.3 Please note that if the siting of the Home is not to be undertaken by us it is your responsibility to make adequate arrangements to have the Home sited appropriately (i.e., straight and level). This is to ensure that the Home is positioned correctly to avoid any damage being caused internally and externally. Failure to do this may result in doors and windows not operating correctly and potentially internal components being damaged. We cannot be held responsible for any issues occurring as a result of poor and inadequate siting arrangements to the extent not carried out by us.

6.4 You must also arrange for a qualified and registered gas safe engineer to complete a gas safety check and a qualified electrical engineer to connect the mains electricity as soon as your Home has been sited. The reason for this is that movement during transit can put stress on the connections and safety cannot be guaranteed without the qualified engineers’ commissioning and certification checks.

6.5 We will only bear the risk of loss or damage to the Home in transit if we receive photographic evidence of such loss or damage and such other information required by us within 24 hours of Delivery. In such cases, we will only bear the risk of external loss or damage to the Home (and no internal contents) in transit up to the current trade list value of the Home.

7. Services
   • We shall provide the Services using reasonable care and skill.
   • You shall:
     • co-operate with us and our employees, agents and subcontractors in all matters relating to the Services;
     • provide to us and our employees, agents and subcontractors such information and materials as we or they may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
     • provide to us and our employees, agents and subcontractors (or procure the provision of) access to all premises and other facilities as reasonably required to provide the Services.
   • If you do not allow us access to all premises and other facilities in accordance with clause 7.2(c) (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or rearrange access to your property, we may end the Contract pursuant to clause 12.1.
8. Risk and retention of title
   • Without prejudice to clause 6.5, the risk of loss or damage to the Home shall pass to you:
     • where we are responsible for delivering the Home but not responsible siting the Home, upon completion of the Delivery of the Home at the Delivery Site (or the date of deemed Delivery under clause 6.2(a) (if applicable));
     • where we are responsible for delivering and siting the Home, upon completion of the siting of the Home at the Delivery Site (or the date of deemed Delivery under clause 6.2(a) (if applicable));
     • where we are not responsible for delivering the Home, when the Home is made available to you.
   • Notwithstanding the passing of risk, we retain the legal and equitable title in the Home, which shall not pass to you until we have received payment of all sums due to us from you under the Contract.
   • Until title to the Home has passed to you, you shall hold the Home in a fiduciary capacity for us and in particular you shall, subject to any applicable Credit Terms:
     • not modify, sell, transfer or otherwise dispose of the Home nor create any encumbrance over the Home;
     • insure the Home against any loss or damage and note our interest on the policy;
     • ensure that the Home is safe and secure;
     • provide us with access to the Home promptly on demand; and
     • not occupy the Home on a permanent or temporary basis or allow it to be used for any purpose other than as a ‘show home’. The expression ‘show home’ should be given its normal every day meaning.

9. Payment
   • Payment of our Charges shall be made in accordance with the Payment Terms.
   • All Invoices are inclusive of amounts in respect of value added tax chargeable from time to time (VAT).
   • Payments can be made by bank transfer to such account nominated in writing by us.
   • Subject to any applicable Credit Terms, if you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time but at a rate of 3% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   • If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10. Rights to end the Contract under the Consumer Contracts Regulations 2013 (PLEASE NOTE THAT YOU MAY NOT HAVE SUCH RIGHTS IN CIRCUMSTANCES WHERE YOU HAVE MET WITH ONE OF OUR REPRESENTATIVES IN PERSON PRIOR TO ENTERING INTO THIS CONTRACT)
    • You may have a legal right, under the Consumer Contract Regulations 2013, to cancel this Contract for any reason.
    • In the event that you have a legal right to cancel this Contract under the Consumer Contracts Regulations 2013, how long you have to do so depends on what you have ordered and how it is delivered. For example:
      • If you have ordered any Services, you have 14 days after the Commencement Date to cancel this Contract to the extent that it relates to such Services. However, once we have completed the Services you cannot cancel the Services, even if such 14-day period is still running. If you cancel the Services after we have started providing the Services, you must pay us for the Services we have provided up until the time you tell us that you wish to cancel the Contract.
      • If you have ordered a Home, you have 14 days after the day you (or someone nominated by you) receive the Home to cancel the Contract to the extent that it relates to the purchase of the Home.
    • In the event that you have a legal right to cancel this Contract under the Consumer Contracts Regulations 2013 and you wish to exercise such right, you must inform us of your decision to cancel this Contract by a clear statement including but limited to details of what you bought, when you ordered or received it and your name and address (e.g. a letter sent by post or e-mail): Caravans in the Sun, Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ, 0800 644456, sales@caravansinthesun.com. You may use the model cancellation form annexed to this Contract, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    • If you cancel this Contract (or part thereof), we will reimburse to you all payments received from you, including the cost of delivery relating to the cancelled part.
    • We will refund you the price you paid for the cancelled part, by the method you used for payment. However, we may make deductions from the price, as described below.
    • If you are exercising your right to cancel under the Consumer Contracts Regulations 2013:
      • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Home if this has been caused by unnecessary handling by you (or any other person with your permission to access the Home). If we refund you the price paid before we are able to inspect the Home and later discover you (or any other person with your permission to access the Home) have done anything which reduces the value of the Home, you must pay us an appropriate amount.
      • Where the product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you wished to cancel. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract;
      • We will make any refunds due to you as soon as possible and not later than:
        • in the event that the Services have been cancelled, 14 days after you have cancelled the Services; and
        • in the event that the purchase of the Home has been cancelled the earlier of:
          • 14 days after the date we receive back from you the Home; or
          • 14 days after the day you provide evidence that you have returned the Home.
        • The risk of loss or damage to the Home shall remain with you until we (or our authorised representative) receive back from you the Home.

Returning the Home

• If you have a right to end the Contract under the Consumer Contract Regulations 2013 and choose to exercise this right pursuant to and in accordance with the Consumer Contract Regulations 2013, you must:
  • arrange for the return of the Home to be commenced within 14 days of telling us you wish to end the Contract; and
  • pay the costs of returning the Home to an address specified by us.

11. Our rights to end the contract
    • We may end the Contract at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      • you do not, within a reasonable period of time of us asking for it, provide us with information that is necessary for us to provide the Home and/or the Services;
      • you do not comply with one or more of your other obligations under this Contract and, if such non-compliance is capable of remedy, you do not remedy such non-compliance within 7 days of being requested to do so.

12. If there is a problem the Home
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 08006444545 (option ‘4’) or write to us at aftersales@caravansinthesun.com or Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ.
    • Repairing the Home If any damage to the Home is identified in accordance with clause 6.5 we will arrange with you to carry out repair works. If you do not allow us access to your property (and you do not have a good reason for this), or we are otherwise prevented from accessing your property to carry out any such repair works, we may charge you costs incurred by us as a result.

Your legal rights. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms.

13. Our right to cancel or delay

Without prejudice to any other remedies we may have, we reserve the right to immediately cancel or delay performance of the Contract, wholly or in part, or any other contract between us and you upon any breach, non-observance or non-performance by you of any term, condition or provision, express or implied of the Contract.

14. Limitation of Liability
    • Subject to clause 15.3, if we fail to comply with our obligations under the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of such non-compliance, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • Subject to clause 15.3 and as otherwise expressly stated in these Conditions, in no event shall we be liable to you in contract, in tort or otherwise for any loss of goodwill or anticipated savings or any incidental, special or consequential damage arising in any way out of or in connection with the Contract. We only supply the Home for domestic and private use. If you use the Home for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Home and any Services including the right to receive the Home and any Services which are: of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
    • If we are carrying out any Services, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services. In the case of any damage caused to your property during the provision of any Services, although care and attention is always maintained, occasional damage may occur and minor scratches and dents are deemed acceptable, any extensive damage will be repaired on a like for like standard but full replacements are not provided.
15. Force majeure

We shall not be liable for any delay in performing or failure to perform any of our obligations where such delay or failure is due to industrial action (whether involving our employees or employees of a third party), acts, omissions or delays of suppliers or sub-contractors, failure or breakdown of machinery or transport or any other cause beyond our reasonable control (including but not limited to Covid-19 and/or Brexit).

16. Other important terms
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website at https://www.caravansinthesun.com/privacy-policy .
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and eff
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services or allow you access to the Home, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or English courts.

IMPORTANT INFORMATION

Termination and Repossession

You may terminate this agreement at any time before the final payment is due, by giving us written notice at the address shown under Right of Withdrawal above. You must then immediately pay us the amount by which one half of the Total Amount Payable exceeds the sums paid and the sums due in respect of the Total Amount Payable immediately before termination. We will notify you of the amount due.

TERMINATION: YOUR RIGHTS You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the Mobile Home and to half the total amount payable under this agreement, that is £ . If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the Mobile Home. You will not have to pay any more.

REPOSSESSION: YOUR RIGHTS If you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is £0000.00 we may not take back the Mobile Home against your wishes unless we get a court order. (In Scotland, we may need to get a court order at any time). If we do take the Mobile Home without your consent or a court order, you have the right to get back any money that you will have paid under this agreement.

Missing Payments

If you fail to make all of the payments in full and on time under this Agreement, the following consequences could occur:

a)     The total cost of the debt may increase.

b)     Charges and default sums could become payable. A list of charges is provided in the Agreement Terms and Conditions.

c)      We may serve a default notice following which corrective action must be taken by you.

d)     Missing payments and associated costs being incurred in locating you or the mobile home may make obtaining credit more difficult in the future and could have severe consequences such as the possibility of us taking legal proceedings against you, which could result in a County Court Judgement (CCJ) being awarded against you. Failure to keep payments under a CCJ could result in one or more of the following consequences:

i.                An order being made for the possession of the mobile home to the value of the debt.

ii.               Sums being deducted directly from your wages via your employer.

Default interest and charges

We may charge you default interest in accordance with clause 14 of the Terms and Conditions of this agreement, at a rate of 8% per annum calculated daily for each day you still owe the payment. We can charge this interest even after we have obtained a court judgment against you.

We may also require payment of our reasonable charges arising from our costs for enforcing this agreement, which includes recovery of our costs or charges payable by us to third parties acting on our behalf.

Right of Withdrawal

You have the right to withdraw from this agreement, without giving a reason. You must give us oral or written notice of your intention to withdraw from the credit agreement before the end of 14 days beginning with the day after the day on which you receive a copy of the executed Agreement, in accordance with the provisions below.

a)      Notify us of your intention to withdraw from the agreement:

By telephone: 01782 908070

In writing to us at:Mobile Homes Abroad Limited, Brookside Business Park, Cold Meece, Eccleshall, Stone ST15 0RZ

Or by email at: sales@caravansinthesun.com.

b)     Once you have given us notice of your intention to withdraw from this agreement, you must pay to us the amount of credit provided under the agreement together with interest from the date the credit was provided to the day we receive full payment in cleared funds. Payment must be made without delay and no later than 30 calendar days beginning with the day after the day you gave us notice of withdrawal. You may pay us by debit card, standing order, bank transfer, or by whatever other method of payment is agreed by you and us. You may contact us by any of the means shown above.

Withdrawing from the Agreement will not entitle you to cancel any contract, Agreement or arrangement to purchase the Mobile Home that was financed by the Agreement and this will still need to be paid for by alternative means.

Statement of Account

You have the right to receive, on request and free of charge, at any time during the period of this agreement, a statement in the form of a table showing: a) the details of each instalment owing under the agreement; b) the date on which each instalment is due, the amount and any conditions relating to the payment of the instalment; and c) a breakdown of each instalment showing how much comprises- capital, interest and if applicable, any other charges.

Early Repayment

You have the right, at any time to repay in full or in part the outstanding balance under this agreement. To do this you must give us notice, by any of the methods shown above, of your intention:

a) to fully discharge your indebtedness under the agreement; or

b) to partially discharge your indebtedness under the agreement.

Partially discharging your indebtedness will have the effect of reducing your monthly instalments for the remainder of the term of the agreement. The term of the agreement will not reduce. We will confirm your new monthly payment in writing.

Supervisory Authority

The supervisory authority under the Consumer Credit Act 1974 is the Financial Conduct Authority, who can be contacted at 12 Endeavour Square, London, E20 1JN

Complaints Procedure and Ombudsman Scheme

If you have a complaint you should write to us and we will endeavor to resolve it as soon as possible. If you entered into this agreement for non-business purposes you have the right to refer any unresolved complaint to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

Web: www.financial-ombudsman.org.uk. Telephone: 020 7964 1000. Fax: 020 7964 1001. Email:complaint.info@financial-ombudsman.org.uk. If you entered into this agreement for business purposes you may still have this right.

 

HIRE PURCHASE TERMS & CONDITIONS

1 Hire purchase

We enter into this Hire Purchase Agreement with you for the hire to you of the Mobile Home, on the hire purchase terms set out in the preceding pages of this agreement and below.

2 Payment by you

a) You must pay the Advance Payment, if any, shown in this agreement, on or before signing this agreement.

b) You agree to pay us the Total Amount Payable (less any Advance Payment paid) by the instalments and at the times shown in this agreement.

c) It is essential that you make all payments in full and on time (see clauses 10 and 11).

d) We have charged an administration fee of £250.00 on this Agreement and have spread the payment of this over the term of the Agreement. This fee is included as part of the overall charge for credit.

e) Payments due from you under this Agreement are to be made by Direct Debit, unless we agree otherwise with you in writing.

3 Calculation of Interest and APR

This Agreement is an interest free agreement.

4. Delivery of the Mobile Home

You must examine the Mobile Home carefully and not take delivery of it until you are entirely satisfied with it. If there are any faults or issues which you have noticed after a reasonable inspection, you should contact us as soon as possible.

5 Safekeeping of the Mobile Home

a)You must keep the Mobile Home safely at the address where the Mobile Home has been delivered to.

b) You may not sell or part with possession of the Mobile Home or transfer your rights under this agreement.

c) You may not use the Mobile Home as security for your outstanding debts or liabilities.

d) You may not use the Mobile Home for hire or reward without our consent.

6 Caring for the Mobile Home

a) You must keep the Mobile Home in good condition at your expense. You are responsible for all loss of, or damage to, the Mobile Homeeven if caused by events beyond your control, except for loss or damage due to fair wear and tear.

b) You must not let a repairer, or any other person to whom you owe money, take ownership of the Mobile Home as a result of your not paying the money you owe.

c) You must make sure that any tests or inspections required by law or by the insurer are carried out.

d) Unless we have consented in writing, you may not make any alterations or additions to the Mobile Home. Any alterations or additions made without our consent will become our property.

e) You must allow our representative to inspect the Mobile Home at all reasonable times.

7 Change of address or name

You must let us know, in writing, within seven days of any change of your address or name.

8 Insuring the Mobile Home

a) You must insure the Mobile Home and keep it insured at all times at your expense with a reputable insurer, to its full replacement value under a fullycomprehensive policy against such risks as are ordinarily insured against. You must tell us and your insurer about any loss or damage to the Mobile Homewithin 48 hours of the loss or damage happening, and whether you or anybody else will be making a claim against the insurer.

b) You agree to hold in trust for usany insurance moneys you may receive.

c) You authorise us to negotiate and settle any claim with your insurer; and to receive any moneys from the insurer underthe policy. You may not withdraw this authority and you agree to accept any settlement we may reach with the insurer. You will still need to pay us anyoutstanding balance under this agreement. Unless we end this agreement pursuant to clause 11, this agreement will continue even if the Mobile Home is damaged.

d) If you enter into this agreement for your business purposes, you must also obtain adequate insurance cover for employer’s liability, liability to thirdparties and liability for negligence and loss, damage or injury arising out of your use and possession of the Mobile Home.

9 Ownership of the Mobile Home

We remain the owner of the Mobile Home until you have paid to us all the instalments shown in the Agreement and all other amounts which maybecome payable by you to us under this agreement. Until then your rights are only those of a hirer of theMobile Home. An option to purchase fee of £10.00 has been spread equally across the monthly repayments and this bears no interest.

10 Your right to end the Agreement

a) You may end this agreement by taking the steps set out in the notice ‘Termination: Your Rights’ shown in the agreement. You must then (at your ownexpense) return the Mobile Home to us. You must also pay to us any furtheramount mentioned in the notice.

b) You can settle the Agreement early at any time. When we receive your request, we will work out a settlement quotation in line with the Consumer Credit Act 1974 and send it to you.

c) You can make an extra payment to settle part of the Agreement. When we receive the payment, we will take the payment and any rebate you may be entitled to, off the relevant account, work out the remaining term of the Agreement and send you a statement explaining the changes to the Agreement.

11 What you must pay if you end this Agreement

You must pay:

a) If this Agreement ends before you have made all the payments, you must pay us any payments which are overdue on the day the Agreement ended.

b) If you have not taken reasonable care of the Mobile Home, you must pay us enough to carry out any repairs or bring the Mobile Home back to its proper condition.

c) You must pay us one half of the total amount due (less your deposit and any payments paid or due up to the day this Agreement ends)

d) The total of the above is due on the day this Agreement ends.

12 Our right to end the Agreement

12.1 We can (after serving you with a notice under the Consumer Credit Act 1974) end this Agreement or take back the Mobile Home (or both) if:

a) You default in making any payment due to us in full on its due date

b) You break any terms of this Agreement

c) The Mobile Home is seized by any third party or you cease to be in possession for any reason

d) You provided false information when entering into theAgreement

d) The Mobile Home is destroyed or treated as a total loss under any insurance claim

e) If any steps are taken by you or anyone else to declare you bankrupt or make an application for a voluntary arrangement or debt management plan with your creditors

f) A bailiff or other officer (including, in Scotland, a Sheriff Officer) controls or seizes the Mobile Home or any of your assets following a court order; or

g) The landlord of the park where the Mobile Home is situated threatens, or takes steps, to seize or in any other way control the Mobile Home or any ofyour assets.

12.2 If we end this agreement, subject to your rights as set out in the notice, “Repossession: Your Rights,” we may take back the Mobile Home fromyou and you must pay to us:

a) all instalments and other sums which have become payable by you to us under this agreement, and

b) the outstanding balance of the Total Amount Payable, less:

c)any money we receive from selling the Mobile Home after we have deducted the costs of recovery, insurance and storage.

13 Exclusion

a) If you enter into this agreement as a consumer (see clause 12(a)), nothing in this agreement will restrict or exclude your rights under the Supply of Goods(Implied Terms) Act 1973 or the Consumer Rights Act 2015 as may not be restricted or excluded.

b) If you do not enter into this agreement as a consumer:

(i) you must inspect the Mobile Home and use your own skill and judgement to decide whether it conforms with its description, is of satisfactory

quality and fit for your intended purpose; and

(ii) we will not be responsible for the quality of the Mobile Home or whether it is fit for its intended purpose, or whether it matches any particular

description or specification. We will, however, procure for your benefit any manufacturer’s guarantee relating to the Mobile Home.

c) In the event that you exercise any statutory right to reject the Mobile Home under section 20 of the Consumer Rights Act 2015, you shall vacate the Mobile Homeat the mobile home park as soon as reasonably practicable and in any event within 7 days of communicating your rejection. The Mobile Home shall be in as good conditionand running order (fair wear and tear commensurate with its age) as when it was delivered to you. You shall be responsible for the costs of such return.

Your obligations under this clause are without prejudice to our rights under the terms of this Agreement.

14 Default interest and charges

We have the right to make charges to cover our administration costs, if you fail to keep your side of the Agreement or need to make certain changes to the Agreement.

Description	Fee
Court costs and legal fees if we begin court proceedings against you	At cost to Mobile Homes Abroad Limited
Charge for collection or repossessing the Mobile Home	At cost to Mobile Homes Abroad Limited
Late Payment Charges (both before and after any judgment)	We may charge you default interest on the amount overdue from the due date of the payment until its receipt by us at the interest rate of 8.00% per annum

You agree to pay to us any costs and charges shown in this agreement, which may become payable by you, and our reasonable legal and other costs for enforcing this agreement, including any payable to third parties acting on our behalf.

15 General

a) In this agreement “Act” means the Consumer Credit Act 1974; “consumer” means an individual acting for purposes that are wholly or mainly outside thatindividual’s trade, business, craft or profession; “terms” include, without limitation, the Terms and Conditions. “Mobile Home” means the Mobile Homedescribed in this agreement and includes any replacements, renewals and additions, to which we or any insurer may agree. Words and expressions to whichmeanings have been given on page 1 shall have those meanings in these terms. Headings to clauses shall not affect the interpretation of any of the terms.

b) References to any act or regulation includes any amendments to that act or regulation.

c) If at any time we allow you to do something which is against any of the terms of this agreement, this will not prevent us from insisting that you strictly followthe terms at any later time.

d) If two or more of you have signed this agreement as the Customer, you are liable jointly and severally, that is together as well as separately under thisagreement. This means that either of you can be held fully liable for the obligations of the Customer under this agreement.

e) If you discharge part of your indebtedness under this agreement early we may, by written notice to you, vary the amount of the remaining instalmentsor the remaining duration of this agreement.

f) You may at any time request us to communicate with you by email. You must then provide us with an email address and provided we are practicablyable to do so, we will send you statements, documents, notices and letters (other than default notices) by email. It shall be deemed effective service if wewrite to you or email you at your address or email address last known to us.

g) We may transfer our rights and responsibilities under this agreement to another person. This will not take away any of your rights or responsibilitiesunder this agreement. You may not transfer any of your rights or responsibilities under this agreement to another person.

h) Nothing in this agreement will give any person, other than you or us (or anyone who takes over from us or any person to whom we have transferredour rights under this agreement) any rights under this agreement.

i) English law will apply to this agreement unless your address is in Scotland, in which case Scottish law will apply or your address is in Northern

Ireland, in which case the laws of Northern Ireland will apply. The non-exclusive jurisdiction of the English or Scottish courts or the courts of NorthernIreland will apply (as appropriate). If you entered into this agreement in Scotland, words that are not in current use in Scotland will have their nearestequivalent meanings.

16 When this agreement comes into force

This agreement will only come into force if and when you and we, or our authorised representative, have signed it.

 

17 Customer Declaration

a) My personal details are correct and any information I have given you is true.

b) I have paid the deposit shown.

c) I confirm that I have read and agree to being bound by the Terms and Conditions of this Agreement

d) I confirm that all details (apart from signature(s) were completed before I signed the Agreement

e) I confirm that, in good time prior to signing the Agreement, I was provided with Standard European Consumer Credit Information in relation to this Agreement.

f) I can confirm that the Declared Income and Declared Expenditure statement, below, is a fair representation of my current financial situation. I confirm that I can afford the repayments under this Agreement and I know of no reason shy my ability to afford the repayments would change throughout the Agreement

g) I accept that the amount of the credit provided under this Agreement will be paid directly to the supplier of the Mobile Home in return for delivery of the Mobile Home. I understand this payment will be made when Mobile Homes Abroad Limited have received and executed the signed Agreement after it has been signed by you.

 

This is a Hire Purchase Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. The Mobile Home will not become your property until you have made all the payments. You must not sell the Mobile Home before then.