TERMS & CONDITIONS
Brokerage ‘Seller’ Terms
Introduction
These Terms and Conditions ("Agreement") govern the relationship between Whittams ("Broker") and the Client ("Seller") who engages the Broker to assist in the sale of their motorhome. By entering into a brokerage agreement with Whittams, you confirm that you accept these Terms, which apply to the exclusion of any others implied by trade, custom, or prior dealings.
1. Services Provided
1.1 Whittams agrees to advertise, market, and facilitate the sale of the Seller’s motorhome on a commission basis.
1.2 Whittams will qualify potential buyers, arrange viewings, negotiate sales on behalf of the Seller, and support the transaction through to completion.
1.3 Whittams provides a full brokerage service on a “no sale, no commission” basis.
1.4 Whittams makes no guarantee regarding the success of the sale or timeframe.
2. Duration and Termination
2.1 This Agreement begins on the date of signature and remains in effect until the vehicle is sold or the Agreement is terminated by either party with 7 working days’ written notice.
2.2 The Seller may withdraw the vehicle at any time subject to payment of cancellation or marketing costs - to cover admin, photography, vehicle prep & any remedial works.
2.3 If a buyer has committed to purchase prior to written notice of cancellation, the sale must proceed.
3. Commission and Payment
3.1 Whittams’ commission is agreed in writing at the outset and is payable upon completion of the sale.
3.2 Commission is deducted from the sale proceeds prior to transfer to the Seller, unless otherwise agreed.
3.3 Whittams will provide the Seller with a statement outlining the sale price, deductions, and net amount payable.
4. Seller’s Obligations
4.1 The Seller confirms they are the legal owner of the vehicle or are authorised to sell it.
4.2 The Seller must ensure the vehicle is in a safe, roadworthy condition and provide accurate information regarding its condition, history, and legal status. This includes confirmation that:
· The motorhome is not subject to undisclosed finance.
· It has not been written off or suffered major damage (unless disclosed).
· Odometer readings have not been tampered with (to the best of their knowledge).
· There are no undisclosed faults or title issues.
4.3 If outstanding finance exists, it must be disclosed. Whittams may, at its discretion, settle the finance from the sale proceeds. If the sale price is less than the outstanding balance, the Seller must pay the shortfall prior to completion.
4.4 The Seller agrees to indemnify Whittams for losses arising from any breach of these warranties.
4.5 The Seller agrees not to advertise or sell the vehicle through other channels while under agreement with Whittams unless otherwise agreed.
5. Marketing and Pricing
5.1 Whittams will recommend a listing price in consultation with the Seller. The final price will be agreed in writing.
5.2 The valuation provided by Whittams is a non-binding estimate based on the information supplied by the Seller. It is given in good faith, in GBP, inclusive of VAT, and may be revised or withdrawn at any time.
5.3 Whittams will inspect the motorhome before listing. If discrepancies or undisclosed issues are found, the valuation may be revised accordingly.
5.4 Whittams may suggest price adjustments based on market response. No changes will be made without the Seller’s written or verbal consent.
5.5 If a vehicle remains unsold after an extended period (typically exceeding 3 months), Whittams reserves the right to charge a supplemental advertising fee to reflect the continued cost of maintaining the listing with third-party platforms (e.g. Autotrader). Any such fee will be clearly communicated and agreed with the Seller in advance.
6. Viewings and Offers
6.1 Whittams will liaise with potential buyers, undertake all viewings, and report offers to the Seller.
6.2 The Seller retains the final decision on whether to accept or reject any offer.
7. Liability and Insurance
7.1 Whittams is not liable for damage or loss to the vehicle unless caused by its own negligence.
7.2 Whittams’ insurance covers damage caused by its negligence during viewings, on-site manoeuvring, and off-site test drives (if permitted).
7.3 The Seller remains responsible for maintaining insurance for fire and theft until the sale is completed.
7.4 If the Seller requests that Whittams assumes full insurance responsibility during the sales period, an additional one-off charge will apply. This reflects the increased cost to Whittams of extending insurance coverage, and may either be deducted from the final sale proceeds or paid in advance by the Seller.
8. Collection from Seller (If Applicable)
8.1 Vehicle collection is not included as standard.
8.2 If Whittams agrees to collect the motorhome, a charge will apply and will be agreed in advance.
8.3 The Seller must provide all necessary documentation and items at handover, including V5C, service records, keys, and manuals.
Brokerage ‘Buyer’ Terms
Introduction
These Terms and Conditions ("Agreement") govern the relationship between Whittams ("Broker") and the Client ("Buyer") who engages the Broker to assist in the purchase of a motorhome. By proceeding with the purchase, you confirm that you accept these Terms.
9. Description of the Motorhome
9.1 Marketing materials are for identification only. Neither Whittams nor the Seller accept liability for any errors in description.
9.2 All vehicles are sold on an “as seen, as is” basis. “Caveat emptor” (buyer beware) applies. Buyers are encouraged to inspect the motorhome personally or via a third party before purchase. As such, the Buyer acknowledges that they have had full opportunity to inspect and test the vehicle, and that they rely solely on their own assessment (or that of a professional instructed by them). Whittams does not and cannot confirm the mechanical or structural condition of the vehicle beyond information provided by the Seller. As such, Whittams accepts no liability for the mechanical condition or roadworthiness of any motorhome at the point of sale or thereafter, as Whittams is not the seller and does not perform any mechanical inspection beyond photographing and listing the vehicle as described by the private seller.
9.3 References to the age of the motorhome refer to the date of first UK registration unless otherwise stated.
10. Role of Whittams and Sale Process
10.1 Whittams acts solely on behalf of the Seller and does not own the vehicle unless explicitly stated.
10.2 The Seller affirms legal ownership and the right to sell the vehicle.
10.3 Optional third-party warranties may be available via Whittams. These are provided by external providers and are subject to separate terms.
10.4 Whittams is not responsible for administering or managing third-party warranties unless it is performing the related works directly.
11. Payments and Deposits
11.1 A deposit is payable upon agreement to purchase. Full payment must be made before collection.
11.2 Funds are held by Whittams on behalf of the Seller and the net proceeds (less any commission and agreed fees) will be transferred to the Seller.
12. Handover and Collection
12.1 Collection will be arranged once the motorhome is ready and full payment has been received.
12.2 Whittams reserves the right to charge storage or insurance fees if collection is delayed beyond the agreed date.
13. Title and Risk
13.1 Title transfers only when full payment is received.
13.2 Risk transfers to the Buyer at the point of collection.
13.3 The Buyer is responsible for meeting all legal requirements related to ownership (e.g. tax, insurance, MOT, registration).
14. Limitation of Liability
14.1 Nothing in this Agreement limits liability for death, personal injury caused by negligence, or fraud.
14.2 Subject to 14.1:
· Whittams is not liable for indirect or financial loss (e.g. loss of earnings).
· Total liability is capped at the purchase price of the motorhome.
14.3 Statutory rights under UK consumer legislation are excluded to the fullest extent permissible by law.
14.4 Whittams acts solely as an introducer and facilitator of a private sale between the Seller and the Buyer. Whittams is not the legal seller of the vehicle and does not offer or imply any warranty, guarantee, or assurance regarding the condition, quality, durability, or fitness for purpose of the motorhome. As the vehicle is sold by a private individual, this transaction is a private sale. The Consumer Rights Act 2015 does not apply to the condition of the vehicle. No mechanical, electrical, structural or cosmetic faults—whether existing or arising after the sale—are the responsibility of Whittams. Whittams is not liable for any defect, fault, or failure discovered after collection, including issues arising from wear and tear (such as clutch, brakes, or engine components), age-related deterioration, or latent faults not apparent at the time of viewing. Responsibility for verifying the condition, roadworthiness, and suitability of the vehicle lies solely with the Buyer. Buyers are strongly encouraged to undertake their own inspections or obtain an independent mechanical assessment prior to purchase.
15. Breach by Buyer
15.1 If the Buyer breaches these terms, Whittams may:
· Retain the deposit.
· Claim a cancellation charge equivalent to 10% of the agreed purchase price.
· Resell the vehicle and recover any shortfall in price and expenses.
· Charge for storage and insurance.
· Apply interest on late payments at 4% above Bank of England base rate.
· Withhold release of the motorhome until all outstanding sums are paid.
Servicing, Repairs & Accessory Installation Terms
Introduction
These Terms and Conditions apply to all service, repair, and accessory installation work carried out by Whittams. By booking or instructing work, you agree to these Terms.
16. Scope of Work
16.1 All work will be confirmed in writing via a job sheet or estimate.
16.2 No work will be undertaken without prior authorisation.
17. Payment Terms
17.1 Payment is due upon completion of the work, unless agreed otherwise.
17.2 All prices include VAT where applicable.
18. Customer-Supplied Parts
18.1 No liability is accepted for the function or fitment of customer-supplied parts.
18.2 Such parts are not covered by any Whittams warranty.
19. Warranty on Workmanship
19.1 A 3-month warranty applies to labour where the fault is directly attributable to Whittams’ work.
19.2 Supplied parts are covered by the manufacturer’s warranty where applicable.
20. Cancellation and No-Shows
20.1 A minimum of 24 hours’ notice is required to cancel or amend bookings.
20.2 Whittams reserves the right to charge for missed appointments or late cancellations.
21. Vehicle Condition & Customer Responsibility
21.1 Vehicles must be presented in a clean, safe, and accessible condition.
21.2 Work may be refused on safety grounds or where the vehicle is unsuitable.
21.3 Whittams is not liable for pre-existing defects or faults arising from non-standard modifications not installed by us.
General Terms
22. Consequential Loss
22.1 Whittams is not liable for indirect or consequential losses, including loss of use or business interruption.
23. Amendments
23.1 Changes to this Agreement must be made in writing and signed by both parties.
23.2 Whittams reserves the right to update these Terms periodically. The latest version will always be published on the company’s website.
24. Data Protection and Privacy
24.1 Whittams will handle client data in accordance with the UK GDPR and Data Protection Act 2018.
24.2 Personal information will not be shared with third parties without consent unless required by law or necessary for service delivery.
25. Dispute Resolution
25.1 In the event of a dispute, both parties agree to attempt informal resolution before pursuing legal proceedings.
25.2 If unresolved, either party may refer the matter to a certified alternative dispute resolution (ADR) provider.
25.3 Nothing in this clause restricts the right to seek legal redress through the courts of England and Wales.
26. Governing Law
26.1 This Agreement is governed by the laws of England and Wales. Any legal proceedings shall be brought in the courts of England and Wales.
