These Terms and Conditions apply to vehicles placed with Sussex Campervans Ltd (“Sussex Campervans”, “we” or “us”) under our Assisted Sale service. They should be read together with the individual Assisted Sale Agreement.

1. Our Assisted Sale Service

Under Assisted Sale, the Client remains the owner of the vehicle and appoints Sussex Campervans as exclusive agent to prepare, market and sell it on their behalf.

Our Aftercare Team will inspect and prepare the vehicle to the standard reasonably required for retail sale by Sussex Campervans.

Our Client Team will then manage the sale, including advertising and marketing, enquiries, viewings, demonstrations, test drives, negotiations, deposits, purchase monies and handover.

The vehicle will be offered through Sussex Campervans as a professionally prepared used campervan, presented from a premium forecourt and location and with the standard of preparation, presentation, service and applicable warranties which a retail client would reasonably expect when purchasing from Sussex Campervans.

2. Proposed Net Return

The Assisted Sale Agreement will record a Proposed Net Return to the Client.

This is the amount which, based upon the vehicle, its condition and current market conditions, we initially propose to return to the Client following a successful sale.

The Proposed Net Return may subsequently be varied by agreement, for example following inspection or preparation, a change in market conditions or an offer from a prospective purchaser.

No reduced return will apply without the Client’s agreement. Agreement may be recorded by signed document, email or other electronic written communication.

Once agreed for the purposes of a sale, this becomes the Agreed Net Return.

Unless otherwise agreed, Sussex Campervans may determine the advertised and final retail selling price. Our remuneration is the difference between the Agreed Net Return and the final retail selling price.

3. Approved Used Campervan Check (AUCC)

Every vehicle must satisfactorily complete our Approved Used Campervan Check (AUCC) before being offered for retail sale.

The AUCC is undertaken by our Aftercare Team to establish the condition of the vehicle and identify any servicing, maintenance, safety, mechanical, electrical, habitation, cosmetic or other work reasonably required to make it suitable for retail sale by Sussex Campervans.

Acceptance of a vehicle for Assisted Sale does not mean that it has passed its AUCC.

Before being offered for sale:

• the AUCC must be satisfactorily completed;
• servicing must be up to date in accordance with the applicable service schedule;
• any service which is due or overdue must be completed;
• if less than six months’ MOT remains, the vehicle will normally receive a fresh MOT;
• MOT failures and any material advisories which our Aftercare Team reasonably considers inappropriate for retail sale must be rectified;
• known safety-related defects must be rectified; and
• mechanical, electrical, habitation or other defects which materially affect the proper operation, safety, presentation or saleability of the vehicle must be rectified.

A current MOT does not, by itself, establish that a vehicle meets our retail preparation standard.

4. Preparation and Repair Costs

The Client is responsible for the reasonable cost of bringing their vehicle to the standard required for retail sale.

This includes, where applicable, the AUCC, servicing, MOT testing and necessary mechanical, electrical, habitation, bodywork or other repairs identified by our Aftercare Team.

Material additional work will be discussed with the Client before it is undertaken.

Once authorised, the cost of work remains payable whether or not the vehicle is subsequently sold or the Client withdraws it. Costs may be paid separately or, where agreed, deducted from the eventual amount payable to the Client.

If the Client does not wish to authorise work which we reasonably consider necessary for retail sale, Sussex Campervans may decline to offer the vehicle for sale.

5. Our Authority

During the Assisted Sale appointment the Client authorises Sussex Campervans to possess, inspect, prepare, photograph, video, advertise, demonstrate, move and road-test the vehicle and to permit appropriate test drives.

The Client also authorises our Client Team to negotiate with prospective purchasers, accept deposits and purchase monies, deal with appropriate DVLA formalities and conclude and complete a sale which provides at least the Agreed Net Return.

6. Client’s Responsibilities

The Client confirms that they are legally entitled to sell the vehicle and must disclose any finance, security or other third-party interest.

The Client must provide information about the vehicle honestly and accurately and disclose any material matter which a prospective purchaser might reasonably expect to know.

This includes, to the best of the Client’s knowledge and belief:

• mileage and service history;
• significant accident, insurance or write-off history;
• known mechanical, electrical or habitation defects;
• known water ingress;
• significant modifications;
• known safety issues or outstanding recalls; and
• any other significant matter affecting the vehicle’s condition, history or value.

The Client remains responsible to Sussex Campervans for reasonable losses, costs or liabilities arising directly from materially inaccurate information supplied by the Client or the failure to disclose a material matter which the Client knew, or ought reasonably to have known, should have been disclosed.

The Client is not responsible for matters arising from Sussex Campervans’ own acts, omissions or representations.

7. Finance

Any finance or security over the vehicle must be disclosed.

Where agreed, Sussex Campervans may settle outstanding finance from the sale proceeds. The Client remains responsible for payments under their finance agreement until the finance provider confirms settlement.

Any shortfall which cannot be deducted while providing the Agreed Net Return must be paid by the Client before completion unless otherwise agreed.

8. Insurance and Care

Sussex Campervans will take reasonable care of the vehicle while it is in our possession and maintains motor-trade insurance appropriate to our business activities.

The vehicle may be stored, moved, road-tested and demonstrated as reasonably required.

The Client should not cancel any insurance maintained over the vehicle until we confirm that the retail sale has completed.

We are not responsible for deterioration resulting from age, ordinary wear or an existing defect which has not resulted from our failure to take reasonable care.

9. Sale, Payment and the 31-Day Period

Sussex Campervans will receive the retail purchase monies and manage completion and handover.

The Client’s Agreed Net Return will normally become payable 31 days after the retail purchaser takes delivery.

This 31-day period enables Sussex Campervans to deal directly with the purchaser should a rejection, claim or other issue arise during the purchaser’s initial statutory rejection period. It is a term of our Assisted Sale service and is not a requirement imposed by the Consumer Rights Act 2015.

If the purchaser validly rejects the vehicle and the retail sale is unwound before the Agreed Net Return becomes payable, the sale will not be treated as successfully completed.

Sussex Campervans will deal directly with the purchaser in relation to ordinary retail-sale matters. Where an issue results from materially inaccurate or undisclosed information supplied by the Client, section 6 will apply.

Payment of the Agreed Net Return will normally conclude the Client’s financial involvement in the retail sale, except in relation to matters for which the Client remains responsible under these Terms.

10. Duration and Exclusivity

The Assisted Sale appointment is exclusive for an initial period of 60 days.

During this period the Client must not advertise, sell or agree to sell the vehicle privately or through another dealer or agent without our agreement.

After 60 days the Agreement continues until the vehicle is sold or either party gives five working days’ written notice.

If the Client withdraws the vehicle, authorised inspection, servicing, preparation and repair costs already incurred remain payable.

If we introduce a prospective purchaser and the Client subsequently sells the vehicle directly to that purchaser, or someone acting on their behalf, within 90 days after the Agreement ends, our normal Assisted Sale remuneration remains payable.

This does not apply to a prospective purchaser with whom the Client was already in substantive discussions before entering the Assisted Sale Agreement and whom the Client disclosed to us.

11. Documentation and Equipment

The Client must provide all available keys, service records, manuals and other documentation reasonably required for the sale and remove personal belongings from the vehicle.

Equipment and accessories supplied with the vehicle when inspected and advertised will normally be treated as included in the retail sale unless otherwise agreed.

12. General

Sussex Campervans will provide the Assisted Sale service with reasonable care and skill.

Nothing in these Terms excludes or restricts liability where it would be unlawful to do so or affects the Client’s statutory rights.

Personal information will be processed in accordance with our Privacy Policy and applicable UK data protection legislation.

Any variation to the Agreed Net Return or another material commercial term may be recorded by signed document, email or other electronic written communication.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

These Terms and the Assisted Sale Agreement are governed by the law of England and Wales and subject to the jurisdiction of the courts of England and Wales, subject to any applicable consumer rights.