Terms and Conditions

Tempo Estates & Leisure Limited Terms And Conditions:

It is a requirement of the Estate Agents Act 1979 that You understand and accept our Terms and Conditions prior to instructing Tempo Estates & Leisure Limited trading as Tempo Leisure and Tempo Estates on the marketing of your Property for sale.

Please note You confirm your acceptance of these Terms and Conditions by:-

1. Handing a completed and signed copy of the Property Owners Schedule to the visiting agent.
2.  Signing a copy of the Property Owners Schedule sent by e-sign
3.  Emailing a completed and signed copy of the Property Owners Schedule to info@tempoestates.co.uk
4.  Posting a completed and signed copy of the Property Owners Schedule to Tempo Estates & Leisure Limited, 12-14 Preston Old Road, Freckleton, Preston, Lancashire,
5. Ticking that you have read, understand and accept our terms and conditions on the Information required to market your Holiday Home form.

Recital

For the purpose of marketing holiday homes and residential park homes Tempo Estates & Leisure Limited will be referred to as Tempo Leisure throughout this contract.
The official website address of Tempo Leisure is – www.tempoleisure.co.uk

On selecting the Marketing Terms for Lodges/Caravans presented by Tempo Leisure the Property Owner has agreed to appoint Tempo Leisure to act as the estate agent to market the Property for sale.

Your use of the tempoleisure.co.uk website and any Services connected to it are governed by these Terms & Conditions and it is a requirement of the Estates Agents Act 1979 that You understand and accept our Terms & Conditions prior to instructing Tempo Leisure on marketing your Property for sale.

1. Definitions
   1. In these Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings :-
      
      ‘Marketing Period’ Tempo Leisure will advertise the Property for sale on the www.tempoleisure.co.uk, National portals and other media. The marketing will commence when the Property Schedule is completed and run until the Property is sold, or the marketing is terminated in accordance with Clause 9.
      ‘Completion Date’ means the date of the completion of the sale of the Property between the Seller and a Purchaser.
      ‘Exchange Date’ means the date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a Purchaser.
      ‘Fee’ means the agreed fee as set out in the Property Owners Schedule, commissions or remuneration payable by the Seller in consideration of the Services provided by Tempo Leisure in accordance with Clause 3 below.
      ‘Tempo Leisure’ means the Marketing Name of Tempo Estates & Leisure Limited, 12-14 Preston Old Road, Freckleton, Preston, Lancashire, PR4 1PD.
      ‘Property’ means the freehold or leasehold Property, Caravan, Park Home or Lodge that Tempo Leisure has received your instructions to be marketed for sale as set out in The Property Owners Schedule.
      ‘Seller’, or ‘You’ means the beneficial owner(s) of the Property or person(s) with the authority of the beneficial owner(s) of the Property to be marketed for sale.
      ‘Purchaser’ means the Purchaser of the Property.
      ‘Sale Price’ means the final agreed selling price of the Property.
      ‘Services’ means the estate agent Services to be provided by Tempo Leisure as set out in these Terms & Conditions.
      
   2. The headings in these Terms and Conditions do not affect its interpretation, save where the context otherwise requires, references to sub-clauses, clauses and schedules are to sub-clauses, clauses and schedules of these Terms and Conditions.
      
   3. Unless the context otherwise so requires, references to statutory provisions include those statutory provisions as amended or re-enacted and references to any gender includes all genders and the singular shall include the plural and vice versa.
      
2. Negotiations
   1. Where you instruct Tempo Leisure to act as your agent to market your Property for sale Tempo Leisure will conduct all negotiations on a ‘subject to contract’ basis.
      
   2. Where you instruct Tempo Leisure to act as your agent to market your Property for sale you authorize Tempo Leisure to act as selling agents on your behalf during the sole agency agreement as set out in clause (10.2.3).
      
3. Fees
   1. You appoint Tempo Leisure to market your Property and act as your agent to sell your Property. This appointment is subject to the Terms as set out in Clauses 9 and 10.2.3
      
   2. Under the Agreement appointing Tempo Leisure to act as your agent to sell the Property and subsequently contracts for sale of the Property are exchanged with the Purchaser, Tempo Leisure shall be paid in accordance with the appropriate selected Fee Agreement in the Property Owners Schedule.
      
   3. The balance of all Fees due under the Agreement to act as agent to sell your Property shall be paid to Tempo Leisure on:
      1. Completion of a sale of the Property.
      2. A sale to the Site Owner will be considered as a sale within the Terms of this Agreement and the fee will be payable in full.
      3. If a Purchaser is introduced to You by Tempo Leisure and an offer from the Purchaser is accepted by You and then You subsequently withdraw from the sale before the exchange of contracts for whatever reason, the fees will be payable in full.
         
   4. Payment can be made by online bank transfer, card, cash or cheque made payable to Tempo Estates & Leisure Limited and sent to Tempo Estates & Leisure Limited, 12-14 Preston Old Road, Freckleton, Preston, Lancashire, PR4 1PD.
      
   5. The Fees payable by You to Tempo Leisure under the Terms and Conditions are stated subject to VAT which may be chargeable and which will be payable where required in addition to the sum in question at the rate for the time being prescribed by law.
      
   6. Under the Agreement appointing Tempo Leisure to act as your agent to sell your Property any initial fee is payable on signing the contract and any agreed balance of the Fee is to be paid on the completion of a successful sale as set out in Clause 3.3. Settlement of Tempo Leisure account shall be made on your behalf by You, your solicitor or conveyancer and Tempo Leisure shall be entitled to seek such settlement from You or from them. You, your solicitor, or conveyancer is to settle Tempo Leisure account in accordance with these Terms and Conditions.
      
   7. Under the Agreement appointing Tempo Leisure as your agent to sell your Property in the default of the appointment of a solicitor or conveyancer, or the payment of the Fee by the solicitor or conveyancer to Tempo Leisure under Clause 3.4, You agree to pay the Fee directly to Tempo Leisure on the Completion  Date.
      
   8. Tempo Leisure retains the right to charge interest on any amounts remaining unpaid for more than 10 days after the Completion Date at a rate of 3% (three percent) per annum above the base rate of Barclays Bank PLC until payment is made in full, both before and after any judgment.
      
   9. Where the Agreement requires a home visit Tempo Leisure retains the right to charge a cancellation fee of £120 Plus VAT if any manager, negotiator or any Tempo Leisure staff have already travelled any distance to the said Property on the date booked for the Property to be visited.
      
4.  Seller’s Terms
   1. You agree to provide such information as required and You verify that any information given in relation to the description of the Property for sale is accurate. You also agree to inform Tempo Leisure of any material change post instruction, which may affect the Property’s description to ensure that You and Tempo Leisure comply with the requirements of any Consumer Protection Regulations that may be in place from time to time. Tempo Leisure reserves the right not to publish any information provided by You.
      
      1. You are advised that it is an offence under the UK Consumer Protection Legislation to make any false or misleading statement about the Property being marketed. This applies whether a statement is made orally or in writing, by pictures or by any other method. Tempo Leisure accepts no responsibility for any such breaches.
         
   2. Where the Agreement requires it Tempo Leisure shall prepare a set of property particulars on your behalf, however they are not responsible for any data that it provides to Buyers and Sellers. All information provided to Buyers and Sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property details before marketing of the Property can commence and this can be confirmed in writing or by email. You will be given a chance to review your details prior to upload onto the property portals.
      
   3. You shall inform Tempo Leisure immediately of any material changes in information provided.
      
5. Indemnity
   1. You shall indemnify Tempo Estates & Leisure Limited, its Directors, negotiators or employees, against any claim made in respect of the Property or any misdescription thereof that arises wholly or partially out of any act or omission by You.
      
   2. The Seller accepts that from time to time the website may not be operational for regular maintenance or for technical reasons and Tempo Leisure accepts no liability for this.
      
6. Offers
   1. Under the Agreement appointing Tempo Leisure to act as your Agent to sell your Property Tempo Leisure shall notify You of all offers it receives to purchase the Property.
      
7. Warranties
   You hereby warrant and covenant that:-
   1. You have the necessary authority, power and capacity to enter into these Terms and Conditions and
      1. You are either (i) the beneficial owner (s) of the Property, or (ii) have the authority from the beneficial owner to Sell the Property on these Terms.
         
8. Money Laundering
   1. You agree to provide Tempo Leisure with all information as may be required in order to comply with any money laundering regulations as may be in force from time to time. We may require You to provide a copy of your valid passport(s) or driving license(s) (photograph version) along with a current utility bill confirming your personal address. Thank you for your cooperation in this matter.
      
9. Marketing Period
   1. The ‘Marketing Period’ relates to the length of time that Tempo Leisure will list your property for sale on the www.tempoleisure.co.uk website and any selected National Portals. This period is for 12 months and starts from the agreed commencement date until the Property is sold, or the Seller notifies Tempo Leisure in writing to remove the property details from the websites.
      
   2. Tempo Leisure reserves the right to remove any Property details from the websites after the agreed period has expired to avoid any unnecessary advertising.
      
   3. Where you have appointed Tempo Leisure to act as your agent to market your Property for sale the ‘Marketing Period’ is subject to the terms of Agency as set out in Clause 10.2.3.
      
10. Agency
    1. In accordance with the terms of your Agreement Tempo Leisure will either provide a marketing only Service or the Services of a Sole Agency or a Multiple Agency.
       1. The upfront fee required under the Agreement is a non-refundable, one-off charge that shall be paid before Services commence.
          
       2. Receipt of the Upfront Fee Tempo Leisure signifies the Seller is instructing Tempo Leisure to market their Property for sale in accordance with these Terms and Conditions.
          
       3. Where the marketing involves a Multiple Agency Tempo Leisure shall be paid in accordance with the Agreement as set out in the Terms and Conditions.  Any agreement to purchase the Property entered into with the Site Owner on which the Property is located is considered as a Multiple Agency.
          
    2. Sole Agency:
       1. Under the Agreement appointing Tempo Leisure to act as your agent to sell your Property all negotiations for the sale of the Property shall be carried out by Tempo Leisure.
          
       2. You will be liable to pay the balance Fee due to Tempo Leisure in addition to any other expenses or charges agreed if there is an exchange of contracts for the sale of the Property. In accordance with clause 3.2:
          1. with a Purchaser introduced by us during the period of Tempo Leisure sole agency; or
          2. with whom Tempo Leisure had negotiations about the Property during that period; or
          3. with a Purchaser introduced by another agent, including the Site Owner, during the period of Tempo Leisure sole agency; or
          4. with any Purchaser who may approach the Seller directly during the sole agency agreement term.
             
       3. Under the Agreement appointing Tempo Leisure to act as agent to sell your Property the sole agency agreement shall run from the day that marketing commences and for a total of 6 Months (6 months defined as 183 days) after which time the Sole Agency Agreement shall continue to run until terminated or varied by either party giving 14 days’ notice in writing. You cannot serve 14 days’ notice until the Sole Agency Agreement period has expired, but notice may be served any time after this period.
          
       4. The Property may remain on the website for the remainder of the Marketing Period (9.1) but Tempo Leisure reserves the right to remove a Property details if the vendor is un-contactable for a period of 3 months after the expiry of the Sole Agency Agreement period.
          
    3. Multiple Agency
       1. You shall be free to enter separate negotiations with more than one estate agent or the site owner.
          
       2. In accordance with Clause 3.2 You remain liable to Tempo Leisure for the Fee, in addition to any other expenses or charges agreed (e.g. photograph’s etc.), if there is an exchange of contracts for the sale of the Property:-
          1. with a Purchaser introduced by us during the period of Tempo Leisure multiple agency; or
          2. with whom Tempo Leisure had negotiations about the Property during that period;
          3. a purchaser Tempo Leisure has introduced is anyone who has learned about the Property through Tempo Leisure activity either directly or through another person. This can include, for example, advertisements, office displays, sales details, ‘For Sale’ signs, internet advertising, leaflets and any other verbal or written activity. It is possible for us to be the introducer even where there is another agent instructed.
          4. Or the Property is purchased by the owner of the site on which the Property is situated.
          5. If you exchange contracts with a Purchaser, introduced by Tempo Leisure, within 6 (six) months of the termination of these Terms and Conditions, the Fee will become payable in full.
          6. You shall promptly notify us in each case where you instruct another estate agency to sell the Property at the same time as it is being sold by Tempo Leisure, the sole agency. The Agency terms as set out in 10.2.3 will still continue throughout the multiple agency period.
             
11. For Sale Boards
    1. Town & Country Planning Regulations state that only one estate agent board may be displayed at any one time. Where Tempo Leisure supplies the For Sale board we request that you do not erect or display any other estate agent’s boards for the duration of the Term.
       
    2. As part of Tempo Leisure terms, once the board has been delivered it becomes your own property, as such it is your responsibility to take it down and re-erect it if it is affected by weather conditions or by a third party. Tempo Leisure is not liable for the loss of your board or any damage the board may cause, there is a charge of £50.00 Plus VAT for an additional For Sale board.
       
12. Advertising
    1. You authorise Tempo Leisure to advertise details including, without limitation, the address of the Property, its asking price, photographs and plans of the Property on the tempoleisure.co.uk website, other websites advertising the sale of properties, magazines and newspapers and in any other such media as Tempo Leisure deems in its sole discretion reasonable in order to achieve a sale of the Property.
       
    2. Tempo Leisure guarantees that your Property is listed on the tempo leisure website, which is www.tempoleisure.co.uk, website portals are subject to change, they may not be controlled by Tempo Leisure and we do not guarantee continued presence on these websites, although it is the policy of Tempo Leisure to continue to maintain, expand and improve our property portal networks at all times.
       
13. Marketing Services
    1. Tempo Leisure reserves the right to offer marketing or professional services to prospective purchasers that may or may not relate to the purchase of your Property.
       
14. Notices
    1. Any notice given in connection with these Terms and Conditions shall be in writing and may be delivered by hand, pre-paid first-class post, special delivery post, facsimile or e-mail, to the relevant address as stated in these Terms and Conditions (for such other address, facsimile or e-mail as may be notified in writing from time to time).
       
15. Law and Jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.
       
16. Disclaimer
    1. When You transact with Tempo Leisure you are agreeing to accept the Terms and Conditions as set out and any other terms that may be brought to your attention. Tempo Leisure reserves the right to change these Terms and Conditions at any time without notice so if you should revisit the tempoleisure.co.uk website to consider and complete any further transactions revisit the Terms and Conditions to ensure that you agree to any revised Terms and Conditions that you are accepting.
       
17. Credit and Debit Card Payments
    1. Online payments are accepted in respect of all Tempo Leisure services. Please read these Terms and Conditions before using any online payment facility.
       
    2. Tempo Leisure does not store bank details of any kind.
       
18. Security and Privacy
    1. Tempo Leisure provides indirect online payment facilities, managed in line with the Payment Card Industry (PCI) requirements.
       
    2. Tempo Leisure is committed to ensuring that any information You provide is secure. We will not sell, distribute or release any personal information to a third party unless we have your permission to do so.
       
    3. Tempo Leisure will only use any personal information You provide for the purpose it was provided for or any legal purpose that may be necessary. Any information will only be held for as long as necessary for these purposes.
       
    4. All employees of Tempo Leisure who have access to any personal data, or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.
       
    5. You may request details of personal information which we hold about you under the Data Protection Act 2018.

IMPORTANT NOTICE
Unless written notice to the contrary is received by Tempo Leisure within 14 working days of receipt of this document, and where Tempo Leisure continues to work on your behalf, You will be deemed to have accepted these Terms and Conditions in full irrespective of whether a signed copy or email response of this document has been returned to Tempo Leisure.