By using this website, including when placing a bid, buyers acknowledge and agree that these Conditions apply to the exclusion of any other terms that you seek to impose or incorporate (including any in purchase orders, invoice documentation or other confirmations of order), or which are implied by trade, custom, practice or course of dealing. The Company may amend these Conditions from time to time. The Buyer shall be bound by the version of the Conditions in place at the time the Buyer orders goods from the Company. Any attempted variation of these Conditions by the Buyer shall be null and void and of no effect unless expressly agreed to in writing by the Company.

1. Definitions
1.1 In these Conditions and in any Contract, the following definitions apply: “Buyer” means the person or persons, form or company placing an order with the Company (including any sub-contractor) and, if the Buyer is not the principal buyer but is purchasing on behalf of another party, the Buyer shall be deemed to act as agents for the principal buyer and warrants that it has authority to do so; “Collection” means the retrieval of the Goods supplied by the Company, whether of its own manufacture or not, from the place agreed between the parties in writing in the Contract; “Company” means Park Holidays UK Limited or members of its group of companies; “Conditions” means these Terms & Conditions of Sale and any special terms and conditions agreed in writing between the Buyer and the Company. Where these is any conflict or dispute over any terms agreed in writing, these Terms and Conditions shall prevail; “Contract” means the contract for sale and purchase of the Goods incorporating these Conditions, this is also referred to as the Sales Agreement; “Goods” means all plant, machinery, structures, materials and other items supplied by the Company, whether of its own manufacture or not, and all goods incorporated into any Contract; “Price” means the price of the Goods listed on the Trader’s Portal which is set by the Company, or where there is no price quoted by the Company, the price that is offered by the Customer and accepted by the Company which is set out in the Company’s acceptance and detailed in the Contract.
1.2 Any reference in these Conditions to any act, legislation, regulations or similar shall be construed as a reference to that act, legislation, regulation or similar as amended, consolidated, modified, re-enacted, extended or replaced from time to time.
1.3 Headings in these Conditions shall not affect the construction of them.
2. Basis of Sale
2.1 When bidding on an item, the Buyer agrees that:
2.1.1 The Buyer is responsible for reading the full listing for the Goods before making a bid or a commitment to buy;
2.1.2 The Buyer enters into a legally binding Contract to purchase the item at the earlier of: (i) when it commits to buy; or (ii) if it has the winning bid; or (iii) the bid is otherwise accepted by the Company, such as when the Company notifies the Buyer that the Goods are ready for collection.
2.2 The Company reserves the right to withdraw or revise any of the Goods prior to the Company’s acceptance of the Buyer’s offer, or after acceptance if Condition 10.1 (reasons beyond the Company’s control) renders it necessary to do so.
2.3 No Contract which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used) , damages, charges and expenses incurred by the Company as a result of cancellation.
3. Description of Goods
3.1 All descriptions or illustrations contained on the Company’s website, brochures, catalogues or elsewhere (“Sales Materials”) are for identification purposes only. Any typographical, clerical or other error or omission in the Sales Materials shall be subject to correction without any liability on the part of the Company.
3.2 The Buyer should satisfy themselves prior to the sale as to the condition of the Goods, using their own judgment as to whether the Goods accords with any description. If the Buyer wishes to view the Goods in person, the Buyer may be able to make arrangements with the Company’s Park Manager where the Goods are situated.
4. Price & Payment Terms
4.1 The Buyer shall pay the Price for the Goods within seventy-two (72) hours of receipt of an invoice from the Company which shall be sent to the Buyer in writing following notification from the Company that they have made the winning bid.
4.2 If payment is not made by the due date, unless the Company agrees otherwise, the Company shall be entitled to any one or more of the following remedies:
4.2.1 Cancellation of the Contract by the Company with no liability to the Buyer and the Goods may be re-listed by the Company for sale or auction;
4.2.2 Appropriate any payment made by the Buyer to such of the Goods as the Company may think fit; and
4.2.3 Charge the Buyer interest (both before and after the date of any judgment) on the amount unpaid, at the rate of 4% per annum above the base rate of the Bank of England from time to time, until payment is made in full.
4.3 The Price is inclusive of any value added tax (VAT) unless otherwise expressly stated. If it is not inclusive of VAT, the Buyer shall be additionally liable to the Company for the VAT.
5. Collection
5.1 If any time is specified to complete performance of the Contract or to make available the Goods for collection this shall be considered an estimate only and time for completion shall not be of the essence.
5.2 Subject to Condition 5.3, the Buyer shall, at its own expense, take away the Goods from the location notified to them by the Company no later than fourteen (14) days after the date of the Contract (the “Collection Period”).
5.3 The Buyer shall not be entitled to remove the Goods until payment of the Price is made in full (in cleared funds). If the Buyer does not attend the agreed location to collect the Goods within the Collection Period the Company may either, at its sole option: (i) cancel the Contract and the Buyer agrees that the Company may retain 50% of the Price paid by the Buyer; (ii) hold the Buyer to the Contract and charge the Buyer any charges for removal, storage and/or insurance that the Company incurs.
5.4 Except as otherwise stated under the terms of any quotation or in any price list of the Company, and unless otherwise agreed in writing between the Buyer and the Company, all prices are given by the Company on an ex works basis, and if the Company agrees to deliver the Goods otherwise than at the Company’s premises, the Buyer shall be liable to pay the Company’s charges for transport, packaging and insurance.
6. Title & Risk
6.1 Ownership in the Goods shall not pass to the Buyer until payment of the Price in full (in cleared funds).
6.2 Risk in the Goods shall pass to the Buyer on the earlier of: (i) payment of the Price; (ii) the expiry of fourteen (14) days following the date of the Contract. Neither the Company nor its servants or agents shall be responsible for any loss or damage will the Goods are in the custody of the Company or under their control.
6.3 The Buyer is solely responsible for complying with all legal requirements relating to ownership and/or the use of the Goods, including obtaining all relevant licences, permissions and insurances.
6.4 If the Buyer seeks to resell the goods before title has passed to it, it may do so only on the following conditions:
6.4.1 Any sale of the goods shall be effected in the ordinary course of the Buyer’s business at no less than the Price; and
6.4.2 Any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
7. Warranties & Liability
7.1 The Company warrants that it is the legal owner of the Goods or is properly authorized to sell the Goods and is able to transfer a good and marketable title to the Buyer free from any third-party claims. The Company may, upon request in writing from the Buyer, produce an HPI certificate to confirm that the Goods are free of finance.
7.2 The Goods are sold on an “as seen, as is” basis and no warranty or representation is made by the Company as to the condition of the Goods or as to whether the Goods conform with any description.
7.3 The Company shall not be held liable for any loss or damage to the Buyer’s (or its agents or sub-contractors’) property whilst on the Company’s premises or otherwise unless it is proved that such loss or damage resulted from the negligence of the Company or its subcontractors.
7.4 Save as expressly provided in these Conditions, and except where the Goods are sold to a consumer (under the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms express or implied by statute or common law are excluded to the fullest extent permitted by law.
7.5 Goods sold to a consumer are transacted under different terms and conditions and these Conditions shall not apply to such sales.
7.6 Except as otherwise provided under these Conditions, the Company excludes all liability, whether in contract, tort or otherwise, for any losses howsoever caused which exceed 50% of the Price.
7.7 In no circumstances whatsoever shall the liability of the Company include any loss of profit, loss of use, loss of or corruption of data, loss of business, loss of revenue, loss of or damage to goodwill or loss of contracts (all of which shall apply whether direct or indirect) nor shall it include any consequential, indirect or special losses howsoever caused.
7.8 Nothing in these Conditions excludes or limits liability which cannot be excluded or limited by law.
8. Compliance
8.1 The Buyer shall (and shall ensure its agents and sub-contractors shall) comply with all policies which impact the operation of the Company’s sites, including security, fire safety, safe working and health and safety, when the Buyer or its agents or sub-contractors attend the Company’s premises.
8.2 The Buyer shall comply with all applicable laws, statutes, regulations, including but limited to those relating to anti-bribery, modern slavery and anti-corruption. This shall include but is not limited to ensuring that the Buyer does not engage in any activity, practice or conduct which constitutes an offence under the Bribery Act 2010. The Buyer shall report to the Company any activity which may constitute an offence and the Buyer shall, if requested by the Company, reasonably co-operate with any due diligence or investigations regarding breach of any applicable legislation from time to time.
8.3 The Buyer acknowledges and agrees that no incentives of any kind are to be offered or given to any employee of the Company. This includes, but is not limited to, cash (or cash equivalent), vouchers, entertainment, food or drink items beyond reasonable sustenance, entry into prize draws or any other items which could be perceived to be a gift or other incentive.
8.4 The Buyer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company wholly or partly as a result of the Buyer’s breach of this Condition 8.
9. Termination
9.1 The Company reserves the right to terminate these Conditions and remove access to its web portal or auction site, without notice, for any Buyers who do not comply with these Conditions or who act in a way that is not consistent with the reputation and standing of the Company and could bring the Company into disrepute.
10. General
10.1 The Company shall not be liable to the Buyer or be deemed to be in breach of its obligations under these Conditions by reason of any delay in performing, or any failure to perform any of the Company’s obligations, if the failure or delay was due to any cause beyond the Company’s reasonable control.
10.2 The Buyer may not transfer, assign, novate or deal in any other respect, to another person without the Company’s prior written consent, which the Company shall not unreasonably withhold.
10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.3 No waiver by the Company of any breach of these Conditions by the Buyer shall be effective unless made in writing by the Company and shall not be considered as a waiver of any subsequent breach of the same or any other provision.
10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.5 The Contract and these Conditions shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.
10.6 A person who is not party to these Conditions shall not have any right or in connection with them under the Contract (Rights of Third Parties) Act 1999.

Trade Terms & Conditions of Sale