Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS, AMC Motorhomes Ltd
(Including AMC Body Shop & Unibrake) v1.2 18/01/2024
1. Definitions
1.1 “The Company” refers to AMC Motorhomes Ltd including its divisions AMC Body Shop & Unibrake 1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company. 1.3 “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, or other member of this company’s management team, acting for and on behalf of the Company.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or service provided by the Company to the Buyer, to the exclusion of all other terms and conditions, including any terms and conditions the Buyer may purport to apply under any purchase order, confirmation of order, or similar document. 2.2 Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. This price may vary, dependent upon any change in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company. The price of the work carried out is exclusive of VAT. Where applicable, VAT shall be due at the rate ruling on the date that the VAT invoice is drawn. 3.2 Payment of the price and VAT shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of invoice.
4. Orders / Estimates / Deposits
4.1 Estimates are valid for the date given. If instructions are not received from a customer (in response to an estimate rendered) within 24 hours, the Company may invoice for reasonable storage charges from the date that the vehicle was received until its collection. (Note: the company does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for). 4.2 All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation. 4.3 If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied. 4.4 The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided. Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract. 4.5. Orders received, for Goods and/or Services, from any driver employed by the Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Customer. 4.6 The Company may demand a deposit before commencing any work. The customer shall co-operate with the Company in all matters relating to the Services.
5. Delivery / Completion.
Every effort will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection. .The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.
6. Payment
6.1 Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services. 6.2 The Company shall have a general lien on all of the Customer’s vehicles and all of their contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien. 6.3. If the Customer’s indebtedness to the Company is not satisfied within 28 days from the date of the first invoice to the Customer, the Company may without notice sell any vehicle owned by the Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.
7 Credit Terms
Where Credit Terms have been extended to the Buyer by the Company, the Company reserves the right to refuse to provide any of its garage services or parts ordered by the Buyer, where to do so would mean the Buyer exceeding the Credit Limit extended to the Buyer.
8. Remedies For Late Payment
8.1 Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 28 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (9% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made. 8.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 8.1 above. 8.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 8.2 above. 8.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of the Company until all amounts owed are paid.
9. Title And Risk
Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices and VAT have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
10. Disputes, Procedure & Jurisdiction
Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place. It also complies with the Data Protection Act.
11. Work Authorisation
Any additional work will need to be authorised by the customer due to fact the vehicle being on site and the customer not, we will accept authorization over the telephone. Please note all incoming/outgoing calls are recorded and securely stored for training and monitoring purposes.
12. Parts
All parts removed by the Company during the repair shall, if not claimed by the Customer within 24 hours after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
13. Warranty
Any warranty that applies to parts, the term of the warranty will be denoted by the manufacturer.
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired by the Company in line with the manufacturer’s warranty providing exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
14. Damage Liability/Damage to vehicle
The Customer is responsible for checking their vehicle for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.
15. Courtesy Vehicle
The Company does not guarantee a courtesy car being available. The courtesy vehicle may only be used by drivers over the age of 25, and any damage to the courtesy vehicle will be need to covered by the driver. Copy of the driver’s licence document must be provided prior to the taking courtesy vehicle from the Company’s premises. It is the responsibility of the driver to inspect the courtesy vehicle for damage and bring this to the attention of the Company prior to leaving the Company’s premises. The courtesy vehicle will be inspected by a member of the Company on its return to the Company’s premises.
16. Waste
The Company is covered for environment waste transfers and also licenced for disposal of hazardous waste and is available for inspection upon request.
17. Quality Control
Quality control is carried out on repair vehicles approximately 10% of the time.
18. Vehicle Storage
The Company will invoice per day for the storage of any vehicle not collected within an agreed collection time following completion of agreed work. Company storage charges are available upon request.
19. Payment for Special Order Parts
Payment for parts which are a special order for the Customer must be paid for prior to work being carried out if the Customer vehicle is not on site.
These terms and conditions can be viewed within the Company’s waiting room or the Company’s website
20. Third-Party Services Authorization Clause
20.1 Any engagement of third-party services, including but not limited to recruitment, consultancy, or contracting, must be authorized explicitly in writing by the General Manager/Managing Director. Without such written authorization, any claims for payment for services rendered by third parties will not be recognized.
21. Fee Agreement Clause
21.1 All fees or costs related to services provided by third parties must be clearly communicated and agreed upon in writing prior to the initiation of any such services. Absence of such written agreement will render any subsequent invoicing for these services null and void.
22. Dispute Resolution and Clarification Clause
22.1 In the event of a dispute or need for clarification regarding third-party services, the third party is required to provide comprehensive documentation and justification for the services rendered and the associated costs. Failure to provide such documentation within a reasonable time frame will be grounds for disputing the validity of any claims for payment.
23. Limitation of Liability Clause
23.1 The Company shall not be liable for any costs or fees arising from third-party services that were not authorized in accordance with the Third-Party Services Authorization Clause of these terms and conditions.
Used Vehicle Sale Terms & Conditions
AMC Motorhomes Ltd Information
AMC Motorhomes Ltd is registered at Europa House, Goldstone Villas, Hove BN3 3RQ with registration number 08739400. You can reach us by post at A22 Lower Dicker, Hailsham BN27 4BG, by telephone on (01323) 449146, or by email at [email protected]
Your Consumer Rights
We are committed to providing you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us to discuss these concerns before pursuing any other actions. By agreeing to purchase, you confirm that you have examined the vehicle in question with our salesperson and are satisfied with its quality.
In addition to meeting your consumer rights, we provide initial guidance during the handover session to acquaint you with the basic operations and maintenance of the motorhome. This guidance is designed to help you get started and covers essential functions such as the operation of appliances, basic maintenance tasks, and safety features.
Your Journey with Your Motorhome
Owning a used motorhome is a unique experience that involves self-exploration and learning. We encourage you to familiarize yourself further with your motorhome's features and quirks. This might involve personal research, consulting the owner's manual, or seeking advice from fellow motorhome enthusiasts. Remember, regular maintenance is crucial for the longevity and safety of your motorhome. As the new owner, you are responsible for ongoing maintenance and any repairs needed post-purchase.
Estimated Collection Dates
We strive to have your used motorhome ready for the estimated collection date. However, we advise against making non-refundable or non-flexible bookings for campsites, ferries, etc., until you have taken possession of the vehicle. Please note that any losses or costs incurred due to delays are not the liability of AMC. The date stated on the front of the invoice is an estimate; await a confirmation email from us with the precise time and date for collection.
Payment of Outstanding Balance
While we accept card payments for your initial deposit and future service works, the remaining balance for your motorhome's purchase must be paid directly into our bank account. These funds must clear in our bank at least 2 days prior to the release of your motorhome. Use the vehicle Reg and invoice number as the reference for faster identification of your payment. Any deviation may delay your collection.
Your Deposit
Deposits are non-refundable unless otherwise agreed, for example, refundable holding deposits of £500 are refundable minus an admin fee of £25. Full deposit refunds are only permissible in two scenarios: 1) If we inform you that we cannot fulfil the order, and 2) If the vehicle is not made available for delivery by AMC Motorhomes within 30 days of the estimated delivery date. Ownership of goods remains with AMC Motorhomes Ltd until full payment is received.
Part Exchange
We thoroughly inspect any part exchange vehicles, including a damp test conducted by our trained technicians. If the part-exchange vehicle is deemed of lesser value, the title of goods remains with AMC Motorhomes Ltd until the difference between the estimated and actual value is covered by a further payment from the customer.
Cancellation Policy
Cancelling this sales order will result in the customer forfeiting their deposit. Additionally, the customer may be liable for further costs such as vehicle preparation, depreciation of the reserved vehicle, and devaluation due to customer-requested alterations. Cancellation requests must be addressed to Alex McGonigle, Managing Director, or Geoff Takashi, General Manager, via email at: [email protected].
Vehicle Defects and Inspection
As you are purchasing a used motorhome, it's crucial to understand that defects may be present consistent with the vehicle's age and usage. We strongly advise you to thoroughly examine the vehicle prior to purchase, paying special attention to tyres, bodywork and paintwork, glass & plastic windows, accessories, interior trim and upholstery, as well as the overall condition of the vehicle. By agreeing to the purchase, you confirm you have conducted this examination. While we cannot cover every aspect of operating and maintaining the motorhome during the initial handover, we are available to answer any initial questions you may have about your new vehicle.
Warranty
The vehicle comes with a 6-month warranty that starts +/- 5 days from collection. Any warranty claims rejected by the warranty company from the collection date will be your responsibility. The warranty becomes void if you live in the vehicle.
Subject to the terms of the RAC's Warranty Plan offered in conjunction with AMC, it is essential for you to notify us via written correspondence prior to dropping off your vehicle for any warranty related service. To do this, kindly email us at [email protected], including necessary details such as your vehicle's registration, make and model, as well as your warranty number. Please reference page 4 of the RAC's Warranty Terms & Conditions which states explicitly that it is incumbent upon you to ensure that the supplying dealer or an approved repairer obtain an authorization number from the RAC prior to commencing any work. Please be advised that the absence of this authorization could lead to the rejection of your claim and any subsequent repair costs would be incumbent on you. Please note, while the warranty covers certain aspects, regular maintenance, and repairs outside of warranty conditions are the responsibility of the owner. Establishing a routine maintenance plan is essential for the upkeep of your motorhome. If you are located at a considerable distance from AMC Motorhomes and will be availing warranty services elsewhere, you are advised to contact the RAC at 0330 100 3728 to identify an approved repairer.
Third Party Engagement
In our effort to provide the best service to our customers, we may share your details with a 3rd party insurance company to offer you a no-obligation quote. If you would prefer that we do not do this, please let us know by ticking the box at the bottom of this page. In certain circumstances, we may need to use a third-party service to verify your identity. In such cases, a £2 charge will be incurred, payable upon collection.
Clarification of Agreement
Please ensure all agreed items are noted down as part of this deal. This information is used to create the vehicle's job sheet, and any missed items cannot be rectified at a later stage.
Complaint Handling
If you experience any problems with your vehicle or if you are dissatisfied with our goods or services, please contact our Workshop Manager promptly so we can rectify the issue. Remember, RAC Warranty work can be done at any VAT-registered workshop if you are not local to us. If you have a complaint, please refer to our complaint handling procedure in place, addressing it to the Managing Director Alex McGonigle or General Manager Geoff Takashi. Please note, any rejections must be returned to AMC Motorhomes Ltd Hailsham by the purchaser, at their expense.
Aftermarket Accessories and Missing Items
Please note, certain aftermarket accessories that may be present on the vehicle (such as TVs, Satellite Systems, Reversing Cameras, Habitation Air Conditioning Systems) left by the previous owner will be tested by our technicians as part of our pre-delivery inspection, but we cannot guarantee their functionality. Additionally, any hook-up cables left in the van have not undergone Portable Appliance Testing (PAT), and by purchasing this vehicle, you agree to assume all risks associated with the use of these untested cables.
Furthermore, some original equipment related to the vehicle you're purchasing may be missing. This can include, but is not limited to, bed ladders, bed spacer cushions, spare keys, remote controls, BBQ & shower accessories, etc. Please also be aware that our used motorhomes do not come with gas included
MOT
All our used vehicles come with a minimum of 9 months MOT. If any failure work is required, it will be carried out by AMC Motorhomes or an authorised third-party repairer at our expense. However, MOT advisory work will not be undertaken unless specifically requested by you, the customer, and this will be charged at our standard labour rate. This includes but is not limited to tyre advisories (including out-of-date tyres), windscreen chips, etc.
Signing Off
By signing, you acknowledge that you have read and understood these terms and conditions, and you agree to adhere to them. You further acknowledge that you have conducted your own examination of the vehicle and are satisfied with its quality and condition. You also acknowledge that you understand the importance of self-exploration, learning, and regular maintenance of your motorhome, as discussed in the 'Your Journey with Your Motorhome' section.