my rights buying car online auction I think I can ask refund
Discussion
rikardo_82 said:
I have rights for refund 14 days
exculded form this is public auction say it was BCA where I had opportunity to attend in live auction but this is not case with cartransplants... they have only online...
so what would you do?
Not according to their website!exculded form this is public auction say it was BCA where I had opportunity to attend in live auction but this is not case with cartransplants... they have only online...
so what would you do?
Salvage vehicles can be inspected before you bid on the online auction.
You had the opportunity to inspect but declined to do so!
Caveat emptor, if it seems to good to be true it probably is, etc etc!
4rephill said:
Surely though, the Law has to take into account the fact that the vehicle was being openly sold as a damaged/salvage vehicle, by a company that trades in damaged cars, with no guarantee that it was in a functioning condition, let alone road worthy in any way, shape or form?
If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course), how can the OP then reject the car because they've discovered they were told the truth about the car? It was advertised as being damaged, it was bought as being damaged, and it turns out that the car is damaged!
I can see how the situation would be different if they bought the car from a car trader who'd sold the car as being undamaged, but they've bought exactly what was advertised - A damaged car!
Opinion as it may be, I seriously doubt that the Law states that if you buy a damaged car, then you have the right to expect it not to be damaged!
Under the Consumer Contract Reg as 2014 which cover distance selling (and assuming this sale qualifies for the rights under the law as discussed) then you can return an item without any reason regardless if you cancel within 14 days. You don't need to give a reason.If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course), how can the OP then reject the car because they've discovered they were told the truth about the car? It was advertised as being damaged, it was bought as being damaged, and it turns out that the car is damaged!
I can see how the situation would be different if they bought the car from a car trader who'd sold the car as being undamaged, but they've bought exactly what was advertised - A damaged car!
Opinion as it may be, I seriously doubt that the Law states that if you buy a damaged car, then you have the right to expect it not to be damaged!
As a response to Poledriver - the fact that you CAN inspect is irrelevant if you DON'T as it is a distance sale.
Otherwise Amazon could say we all have the opportunity to inspect goods in their warehouse 500 miles away and therefore distance selling rights don't apply.
The car dealer can easily get around these issues by
a) only selling to trade and ensuring that
b) holding proper auctions you can attend the bidding process in person
Mojooo said:
4rephill said:
Surely though, the Law has to take into account the fact that the vehicle was being openly sold as a damaged/salvage vehicle, by a company that trades in damaged cars, with no guarantee that it was in a functioning condition, let alone road worthy in any way, shape or form?
If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course), how can the OP then reject the car because they've discovered they were told the truth about the car? It was advertised as being damaged, it was bought as being damaged, and it turns out that the car is damaged!
I can see how the situation would be different if they bought the car from a car trader who'd sold the car as being undamaged, but they've bought exactly what was advertised - A damaged car!
Opinion as it may be, I seriously doubt that the Law states that if you buy a damaged car, then you have the right to expect it not to be damaged!
Under the Consumer Contract Reg as 2014 which cover distance selling (and assuming this sale qualifies for the rights under the law as discussed) then you can return an item without any reason regardless if you cancel within 14 days. You don't need to give a reason.If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course), how can the OP then reject the car because they've discovered they were told the truth about the car? It was advertised as being damaged, it was bought as being damaged, and it turns out that the car is damaged!
I can see how the situation would be different if they bought the car from a car trader who'd sold the car as being undamaged, but they've bought exactly what was advertised - A damaged car!
Opinion as it may be, I seriously doubt that the Law states that if you buy a damaged car, then you have the right to expect it not to be damaged!
As a response to Poledriver - the fact that you CAN inspect is irrelevant if you DON'T as it is a distance sale.
Otherwise Amazon could say we all have the opportunity to inspect goods in their warehouse 500 miles away and therefore distance selling rights don't apply.
The car dealer can easily get around these issues by
a) only selling to trade and ensuring that
b) holding proper auctions you can attend the bidding process in person
andymc said:
I buy cars from all the major auction houses and you will have to whistle for a refund, thats why the public shouldn't use them
I bought a cheap £350 s
t box fiesta from Newark auctions, I knew it was a risk but I wanted something to bomb to and from work in instead of my Cayman. I put a new clutch in it after about 2000 miles cost me £150 to do. Traders do seem to hate the public using auctions, I suppose we can bid higher than traders as we don't then have to prep it, sell it, warranty it and all the other business expenses involved so it takes away from stock for them.
Newark will allow you 7 days to return the car to auction and they will re-list it for free, helpful if you buy a bit of a lemon.
I will say in this case the op has been a bit of a numpty and has virtually no chance of getting a refund.
Either shove it on eBay for scrap, break it yourself or put it back through the auction again to get back what you can, your wasting your time and more money if you go legal.
Edited by Markbarry1977 on Sunday 26th February 00:04
Mojooo said:
No I am not a solicitor but the relevant sections of the legislation are only a few paragraphs and not hard to understand
People on this forum and many others tend to want to say what rights they think the buyer should have as opposed to the rights they do have.
But with respect, you are over simplifying the situation. Not through your interpretation of the regs, but as to whether or not they would apply.People on this forum and many others tend to want to say what rights they think the buyer should have as opposed to the rights they do have.
The regs, of course, only apply to consumer contracts. OP has bought from a site that is apparently stated to be for trade customers only, so OP might well have made a representation, by bidding, that he is a trader. And by bidding, her will also have accepted their terms of sale, which I would expect include a warrant by the bidder that he is a trader. So the OP now trying to claim, having done all this, that he is a consumer will, I would think, be tricky!
OP you could try small claims court. My take...
What are you claiming for? Cost to return the vehicle? Repair? Etc
You need to set your goal first - what outcome and resolution would satisfy you and then balance that against the options.
Judges are reasonable. You had an opportunity to inspect the vehicle. A judge may view that as the buyer you also had some responsibilities given the context of this being a breakers/salvage company.
What are you claiming for? Cost to return the vehicle? Repair? Etc
You need to set your goal first - what outcome and resolution would satisfy you and then balance that against the options.
Judges are reasonable. You had an opportunity to inspect the vehicle. A judge may view that as the buyer you also had some responsibilities given the context of this being a breakers/salvage company.
bladebloke said:
But with respect, you are over simplifying the situation. Not through your interpretation of the regs, but as to whether or not they would apply.
The regs, of course, only apply to consumer contracts. OP has bought from a site that is apparently stated to be for trade customers only, so OP might well have made a representation, by bidding, that he is a trader. And by bidding, her will also have accepted their terms of sale, which I would expect include a warrant by the bidder that he is a trader. So the OP now trying to claim, having done all this, that he is a consumer will, I would think, be tricky!
Just like, in a different field, Dell sell laptops via their Home or Work sites. If you buy from the Work channel as a small business they deem the right to cancel doesn't apply as it's a B2B deal. Which is a bummer as I missed the fact an option changed between me deciding to buy ang going ahead with the purchase The regs, of course, only apply to consumer contracts. OP has bought from a site that is apparently stated to be for trade customers only, so OP might well have made a representation, by bidding, that he is a trader. And by bidding, her will also have accepted their terms of sale, which I would expect include a warrant by the bidder that he is a trader. So the OP now trying to claim, having done all this, that he is a consumer will, I would think, be tricky!
My bold for emphasis - or would be if I could make it work.
TERMS AND CONDITIONS OF CAR TRANSPLANTS ONLINE AUCTIONS
(the "Terms and Conditions")
Last Updated 15th March 2016
1 INTRODUCTION
The User will be deemed to have accepted these Terms and Conditions when you click "I have read these Terms and Conditions" and when you click "I accept" when you register to become a trade member ("Trade Member") via the website at auctions.car-transplants.co.uk ("Website").
References to "us" and "our" means Car Transplants Ltd ("Car Transplants"), a company incorporated in England (company number 02030091) whose registered office is at Wharton Road, Winsford, Cheshire, CW7 3BQ. Car Transplants's VAT Registration number is 682 651 221.
References to "you" "the user" and "your" in these Terms and Conditions mean you as a registered Trade Member.
Acceptance of these Terms and Conditions by the user is an absolute pre-condition of using our Website and Services. If the user does not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
A "Lot" is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles,) or other goods that we offer for sale at auction.
The user acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods.
[b]As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.[/b] As such you accept that it is fair and reasonable in all circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the lots we offer for sale on behalf of sellers (who on occasion may be us).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between the user and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between the user and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller's responsibilities to the user and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to the user: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, the user agrees to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website.
2 OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2. As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3. When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. The user must keep their data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
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3 INTELLECTUAL PROPERTY RIGHTS
3.1. The user acknowledges and agrees that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors' intellectual property rights.
3.2. Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3. Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors) prior written consent.
4 MEMBERSHIP AND REGISTRATION
4.1. Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.
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5 RELEASE OF LIABILITY AND INDEMNITY
5.1. So far as permitted by law the user , any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
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5.8. In any event our maximum liability is limited to the selling price of the lot.
6 BIDDING OVERVIEW
6.1. Apart from those Lots offered under clauses 14 ("Buy It Now") you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with other Virtual Bids.
6.2. During the Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.
6.3. Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.4. Each instruction, transmission, display and receipt in relation to Bidding shall be deemed to have been carried out in the United Kingdom.
7 SALES, POLICIES AND PROCEDURES
7.1. Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969.
7.2. Lots may be subject to a reserve price (an undisclosed minimum selling price) on any lot. If there is a reserve price on a lot it will be identified on the auction search page entry in respect of that lot by signifying whether or not the reserve price has been met or exceeded at the time when the bidder accesses that search page.
7.3. Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide the user with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to the user as described in these Terms and Conditions.
7.4. A bid the user place's will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid. A Contract of Sale will only be concluded if the reserve price has been met. In each case, the Contract of Sale will be between the user as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.5. We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from the user or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.6. Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.7. In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither the user nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though the user shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.8. The user agrees to indemnify, keep us indemnified from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.9. We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion. The user will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from the user in full payment of all sums, fees and other monies due from the user in respect of that Lot. The user will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10. The user will assume full responsibility for, and all risk passes to the user in respect of, any Lot the user has purchased from us/a Seller from the time the Contract of Sale is concluded between the user and us/the Seller (as the case may be). You agree to indemnify, against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot the user has agreed to purchase.
8 DISCLAIMERS
8.1. All lots we offer for sale are sold on an "as is where is" basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase.
8.2. We expressly disclaim the accuracy or completeness of any and/or all information provided to the user regarding lots whether provided in written, verbal or digital image form ("lot information"). Lot information is provided for convenience only. The user agrees that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements.
It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any lot.
8.3. The user agrees that all lots are sold "as is, where is" and are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any lot we offer for sale.
8.4. The user acknowledges and agrees that we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
8.5. Given the nature of our business, the nature of the lots we offer for sale, and the fact that you are a trade member, you acknowledge and agree that it is fair and reasonable in all the circumstances for us to rely upon the restrictions, limitations and exclusions of our liability set out in this clause 8. You acknowledge and agree that your use of our website and services and your bidding for and/or purchase of lots is expressly on the basis that these terms and conditions have been read and understood by you, and that you accept in the circumstances they are fair and reasonable.
9 VEHICLE REGISTRATION AND LICENSING
9.1. All vehicles are sold to the Buyer without title to the vehicle registration number which will remain the property of the Seller except where expressly otherwise notified to the Buyer by NSG in writing.
9.2. On request by the Seller, the Buyer shall take all necessary steps to make any vehicle Registration number plate within a Lot available to the Seller without any cost to the Seller.
9.3. The Seller does not supply existing Vehicle Registration Documents ("V5s") or MOT certificates with any vehicle except where expressly stated otherwise in writing.
9.4. The Seller may in its sole discretion, notify the Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.
10 CAR TRANSPLANTS DO NOT SELL BREAKER ONLY VEHICLES
11 FEES, PAYMENTS AND DELIVERIES
11.1. The buyer's premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees ("Fees") applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
11.2. Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the "Price") and any other Fees due in respect of that Lot.
11.3. We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 72 Hours of conclusion of that Contract of Sale ("Date of Sale"). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker's draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least £5,000 (inclusive of VAT) by the above means since becoming a Trade Member, the user may pay by cash or debit or credit card, though such payments are subject to a handling charge of between 1% and 3% plus VAT.
11.4. Where the user has not made payment in accordance with clause 11.3 above, the user agrees that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to the user. In such case, the user agrees to pay the relevant relist fee in force at the time. If the user causes an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
11.5. Such right and title as we or the Seller has to each Lot the user purchases will transfer to the user absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
11.6. If the user has elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from the user. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to the user, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. In fact the user accepts that we will not be liable for any further damage done to Lots the user has purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to the user and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.
11.7. Delivery will be made to the address specified by the user. It is your responsibility to provide sufficient information for the delivery driver to locate the address, and to ensure it is possible to make the delivery. As such the user must accept that additional charges may be levied for re-delivery or waiting time over one hour.
11.8. Alternatively the user may elect to collect each Lot the user has purchased on or after the Date of Sale, though we will release it to the user only when we have received full payment in cleared funds of all sums due in respect of that Lot. When the user collects Lots from us, the user agrees to comply at all times with our safe working procedures and site rules in force from time to time and we do not accept any loss or injury sustained as a result of your failure to do so.
11.9. The user agrees that if a vehicle purchased is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an un-roadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and the user shall not remove it (or cause it to be removed) from our premises under its own power.
11.10. Our and/or the Seller's liability in respect of each Lot the user purchases ends upon the transfer to the user of such right and title as we have (or the Seller has), and the user assumes all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. As such the user must register with the DVLA each vehicle purchased from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle the user purchases will be your sole responsibility from the Date of Sale of that vehicle. At all times the user must comply with the ABI Code. If the user fails to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
11.11. Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
11.12. If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then the user shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that Lot until the user pays us the storage fee and/or any other outstanding sums in full in cleared funds. As such you agree that we may keep possession of such a Lot pending payment and the user acknowledges and accepts that we may have a lien (whether contractual, general or specific) over that Lot for this purpose.
11.13. If the user makes payment to the Seller via bank transfer, those payments must originate from a bank account in the same name as your account. If the user is entitled to make payments to the Seller using debit or credit card, any card used to make a payment to the Seller must be registered in the same name as your auction account. If payments are found to have been made from a bank account or card in a different name, we reserve the right to suspend or close your account immediately.
11.14. It is your responsibility to satisfy yourself as to the condition and history of your purchase. We recommend at least an HPI or equivalent check. You must notify us of any potential claims relating to the condition and history of your purchase before the vehicle is removed from site.
12 MISCELLANEOUS PROVISIONS
12.1. We shall have no liability to the user for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control.
12.2. These Terms and Conditions contain the entire agreement between (a) the user and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) the user and the Seller of any Lot purchased through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.3. If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.4. The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between the user and us by reason of these Terms and Conditions.
12.6. In our discretion we may serve any notice on the user by email, fax or First Class post. In the case of notices sent by email or fax, the user will be deemed served at the time and date of successful transmission; in relation to notice by First Class post the user will be deemed served two business days after posting.
12.7. No person other than the user has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
12.8. As part of the registration process the user agrees to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send the user in connection with our Services.
12.9. We may at any time, without notice to the user, set off any liability the user owes us against any liability we owe the user, whether any such liability is present or future, liquidated or un-liquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.9 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.10. The user must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and the user shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13 SALES OF PARTS
13.1. Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
13.2. Parts are sold on an "as is, where is" basis. Delivery can be arranged at additional cost.
13.3. The user is buying parts in your capacity as a trade member, so consumer protection laws do not apply to parts purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All parts sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a part's suitability and condition before making an offer. The provisions of clause 8 apply in full to parts purchases.
13.4. Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5. A bid the user places on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14 "BUY IT NOW" SALES
14.1. We may offer some Lots for purchase outside our usual auction through your use of our "Buy It Now" facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2. When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the "Offer Acceptance E-mail"). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3. We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4. The user is buying lots in your capacity as a trade member, so consumer protection laws do not apply to buy it now purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All buy it now sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a lot's status, condition and history before making a buy it now offer. The provisions of clause 8 apply in full to buy it now purchases.
14.5. Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases.
14.6. We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
APPENDIX A (Fees & Charges)
Last Updated 18th August 2015
1 Buyers Fees for Lots closing on or after 1st September 2014
1.1 Buyers premium fee
Hammer / selling price range Buyers fee
£0.00 to £99.99 £20.00
£100.00 to £299.99 £45.00
£300.00 to £499.99 £48.00
£500.00 to £899.99 £60.00
£900.00 to £1,099.99 £74.00
£1,100.00 to £1,299.99 £84.00
£1,300.00 to £1,499.99 £95.00
£1,500.00 to £1,699.99 £110.00
£1,700.00 to £1,999.99 £125.00
£2,000.00 to £2,999.99 £165.00
£3,000.00 to £4,999.99 £250.00
£5,000.00 to £8,999.99 £325.00
£9,000.00 to £9,999.99 £400.00
£10,000.00 to £9,999,999.99 5.00%
1.2 admin / release fee of £15.00 per Lot sold;
1.3 loading charge of £10.00 per vehicle loaded onto a multi-vehicle transporter;
1.4 a late payment charge of up to £20.00 where payment is not received in full within 72 hours of the date of Sale;
1.5 a storage charge of up to £10.00 per day if the Lot is not collected within 7 calendar days;
1.6 If a Lot is not collected / paid for within 14 calendar days, we reserve the right to apply a re-listing / backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non payment will result in permanent suspension of your account.
1.7 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
1.8 An administration fee of £50 to process VAT refunds to bidders who remove Lots from the UK. Any bank charges or currency exchange costs related to the refund transaction will be payable by the buyer.
1.9 A membership fee of £50 for 1 year or £80 for 2 years.
Server time is for indication only. The server time may be out by several seconds. Do not rely on the server time panel for the accurate time, it is to help users in a different time zone understand when vehicles are ending.
TERMS AND CONDITIONS OF CAR TRANSPLANTS ONLINE AUCTIONS
(the "Terms and Conditions")
Last Updated 15th March 2016
1 INTRODUCTION
The User will be deemed to have accepted these Terms and Conditions when you click "I have read these Terms and Conditions" and when you click "I accept" when you register to become a trade member ("Trade Member") via the website at auctions.car-transplants.co.uk ("Website").
References to "us" and "our" means Car Transplants Ltd ("Car Transplants"), a company incorporated in England (company number 02030091) whose registered office is at Wharton Road, Winsford, Cheshire, CW7 3BQ. Car Transplants's VAT Registration number is 682 651 221.
References to "you" "the user" and "your" in these Terms and Conditions mean you as a registered Trade Member.
Acceptance of these Terms and Conditions by the user is an absolute pre-condition of using our Website and Services. If the user does not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
A "Lot" is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles,) or other goods that we offer for sale at auction.
The user acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods.
[b]As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.[/b] As such you accept that it is fair and reasonable in all circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the lots we offer for sale on behalf of sellers (who on occasion may be us).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between the user and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between the user and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller's responsibilities to the user and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to the user: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, the user agrees to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website.
2 OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2. As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3. When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. The user must keep their data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4. The user agrees that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5. The user agrees that they will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
2.6. The user agrees that they shall be solely liable for actions taken using their username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7. Apart from where we accept an Authorised Bidder, the user agrees that you shall keep your username and password confidential and not disclose them to or share them with anybody.
2.8. If the user believes that the confidentiality of their password has been compromised, the user must tell us immediately. We will use our reasonable endeavours to provide you with an alternative password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3 INTELLECTUAL PROPERTY RIGHTS
3.1. The user acknowledges and agrees that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors' intellectual property rights.
3.2. Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3. Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors) prior written consent.
4 MEMBERSHIP AND REGISTRATION
4.1. Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.
4.2. If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay any applicable fee, and (c) supply one form of picture identification (e.g. passport or photo card driving licence) and two household bills dated within the last three months showing your name and address. Your membership with us must be reviewed and renewed annually by paying any membership fee that may be applicable, submitting copies of all current licences, and providing information regarding any changes to your details. We reserve the right to impose or increase registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee imposition or increase.
5 RELEASE OF LIABILITY AND INDEMNITY
5.1. So far as permitted by law the user , any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
5.2. So far as permitted by law the user agrees to indemnify and keep indemnified, from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.
5.3. So far as permitted by law the user agrees to indemnify and keep indemnified, in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4. To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, the user agrees that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5. We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6. We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the DVLA and VOSA).
5.7. It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
5.8. In any event our maximum liability is limited to the selling price of the lot.
6 BIDDING OVERVIEW
6.1. Apart from those Lots offered under clauses 14 ("Buy It Now") you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with other Virtual Bids.
6.2. During the Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.
6.3. Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.4. Each instruction, transmission, display and receipt in relation to Bidding shall be deemed to have been carried out in the United Kingdom.
7 SALES, POLICIES AND PROCEDURES
7.1. Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969.
7.2. Lots may be subject to a reserve price (an undisclosed minimum selling price) on any lot. If there is a reserve price on a lot it will be identified on the auction search page entry in respect of that lot by signifying whether or not the reserve price has been met or exceeded at the time when the bidder accesses that search page.
7.3. Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide the user with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to the user as described in these Terms and Conditions.
7.4. A bid the user place's will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid. A Contract of Sale will only be concluded if the reserve price has been met. In each case, the Contract of Sale will be between the user as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.5. We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from the user or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.6. Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.7. In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither the user nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though the user shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.8. The user agrees to indemnify, keep us indemnified from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.9. We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion. The user will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from the user in full payment of all sums, fees and other monies due from the user in respect of that Lot. The user will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10. The user will assume full responsibility for, and all risk passes to the user in respect of, any Lot the user has purchased from us/a Seller from the time the Contract of Sale is concluded between the user and us/the Seller (as the case may be). You agree to indemnify, against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot the user has agreed to purchase.
8 DISCLAIMERS
8.1. All lots we offer for sale are sold on an "as is where is" basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase.
8.2. We expressly disclaim the accuracy or completeness of any and/or all information provided to the user regarding lots whether provided in written, verbal or digital image form ("lot information"). Lot information is provided for convenience only. The user agrees that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements.
It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any lot.
8.3. The user agrees that all lots are sold "as is, where is" and are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any lot we offer for sale.
8.4. The user acknowledges and agrees that we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
8.5. Given the nature of our business, the nature of the lots we offer for sale, and the fact that you are a trade member, you acknowledge and agree that it is fair and reasonable in all the circumstances for us to rely upon the restrictions, limitations and exclusions of our liability set out in this clause 8. You acknowledge and agree that your use of our website and services and your bidding for and/or purchase of lots is expressly on the basis that these terms and conditions have been read and understood by you, and that you accept in the circumstances they are fair and reasonable.
9 VEHICLE REGISTRATION AND LICENSING
9.1. All vehicles are sold to the Buyer without title to the vehicle registration number which will remain the property of the Seller except where expressly otherwise notified to the Buyer by NSG in writing.
9.2. On request by the Seller, the Buyer shall take all necessary steps to make any vehicle Registration number plate within a Lot available to the Seller without any cost to the Seller.
9.3. The Seller does not supply existing Vehicle Registration Documents ("V5s") or MOT certificates with any vehicle except where expressly stated otherwise in writing.
9.4. The Seller may in its sole discretion, notify the Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.
10 CAR TRANSPLANTS DO NOT SELL BREAKER ONLY VEHICLES
11 FEES, PAYMENTS AND DELIVERIES
11.1. The buyer's premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees ("Fees") applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
11.2. Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the "Price") and any other Fees due in respect of that Lot.
11.3. We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 72 Hours of conclusion of that Contract of Sale ("Date of Sale"). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker's draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least £5,000 (inclusive of VAT) by the above means since becoming a Trade Member, the user may pay by cash or debit or credit card, though such payments are subject to a handling charge of between 1% and 3% plus VAT.
11.4. Where the user has not made payment in accordance with clause 11.3 above, the user agrees that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to the user. In such case, the user agrees to pay the relevant relist fee in force at the time. If the user causes an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
11.5. Such right and title as we or the Seller has to each Lot the user purchases will transfer to the user absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
11.6. If the user has elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from the user. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to the user, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. In fact the user accepts that we will not be liable for any further damage done to Lots the user has purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to the user and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.
11.7. Delivery will be made to the address specified by the user. It is your responsibility to provide sufficient information for the delivery driver to locate the address, and to ensure it is possible to make the delivery. As such the user must accept that additional charges may be levied for re-delivery or waiting time over one hour.
11.8. Alternatively the user may elect to collect each Lot the user has purchased on or after the Date of Sale, though we will release it to the user only when we have received full payment in cleared funds of all sums due in respect of that Lot. When the user collects Lots from us, the user agrees to comply at all times with our safe working procedures and site rules in force from time to time and we do not accept any loss or injury sustained as a result of your failure to do so.
11.9. The user agrees that if a vehicle purchased is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an un-roadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and the user shall not remove it (or cause it to be removed) from our premises under its own power.
11.10. Our and/or the Seller's liability in respect of each Lot the user purchases ends upon the transfer to the user of such right and title as we have (or the Seller has), and the user assumes all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. As such the user must register with the DVLA each vehicle purchased from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle the user purchases will be your sole responsibility from the Date of Sale of that vehicle. At all times the user must comply with the ABI Code. If the user fails to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
11.11. Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
11.12. If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then the user shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that Lot until the user pays us the storage fee and/or any other outstanding sums in full in cleared funds. As such you agree that we may keep possession of such a Lot pending payment and the user acknowledges and accepts that we may have a lien (whether contractual, general or specific) over that Lot for this purpose.
11.13. If the user makes payment to the Seller via bank transfer, those payments must originate from a bank account in the same name as your account. If the user is entitled to make payments to the Seller using debit or credit card, any card used to make a payment to the Seller must be registered in the same name as your auction account. If payments are found to have been made from a bank account or card in a different name, we reserve the right to suspend or close your account immediately.
11.14. It is your responsibility to satisfy yourself as to the condition and history of your purchase. We recommend at least an HPI or equivalent check. You must notify us of any potential claims relating to the condition and history of your purchase before the vehicle is removed from site.
12 MISCELLANEOUS PROVISIONS
12.1. We shall have no liability to the user for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control.
12.2. These Terms and Conditions contain the entire agreement between (a) the user and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) the user and the Seller of any Lot purchased through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.3. If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.4. The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between the user and us by reason of these Terms and Conditions.
12.6. In our discretion we may serve any notice on the user by email, fax or First Class post. In the case of notices sent by email or fax, the user will be deemed served at the time and date of successful transmission; in relation to notice by First Class post the user will be deemed served two business days after posting.
12.7. No person other than the user has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
12.8. As part of the registration process the user agrees to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send the user in connection with our Services.
12.9. We may at any time, without notice to the user, set off any liability the user owes us against any liability we owe the user, whether any such liability is present or future, liquidated or un-liquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.9 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.10. The user must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and the user shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13 SALES OF PARTS
13.1. Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
13.2. Parts are sold on an "as is, where is" basis. Delivery can be arranged at additional cost.
13.3. The user is buying parts in your capacity as a trade member, so consumer protection laws do not apply to parts purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All parts sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a part's suitability and condition before making an offer. The provisions of clause 8 apply in full to parts purchases.
13.4. Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5. A bid the user places on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14 "BUY IT NOW" SALES
14.1. We may offer some Lots for purchase outside our usual auction through your use of our "Buy It Now" facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2. When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the "Offer Acceptance E-mail"). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3. We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4. The user is buying lots in your capacity as a trade member, so consumer protection laws do not apply to buy it now purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All buy it now sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a lot's status, condition and history before making a buy it now offer. The provisions of clause 8 apply in full to buy it now purchases.
14.5. Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases.
14.6. We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
APPENDIX A (Fees & Charges)
Last Updated 18th August 2015
1 Buyers Fees for Lots closing on or after 1st September 2014
1.1 Buyers premium fee
Hammer / selling price range Buyers fee
£0.00 to £99.99 £20.00
£100.00 to £299.99 £45.00
£300.00 to £499.99 £48.00
£500.00 to £899.99 £60.00
£900.00 to £1,099.99 £74.00
£1,100.00 to £1,299.99 £84.00
£1,300.00 to £1,499.99 £95.00
£1,500.00 to £1,699.99 £110.00
£1,700.00 to £1,999.99 £125.00
£2,000.00 to £2,999.99 £165.00
£3,000.00 to £4,999.99 £250.00
£5,000.00 to £8,999.99 £325.00
£9,000.00 to £9,999.99 £400.00
£10,000.00 to £9,999,999.99 5.00%
1.2 admin / release fee of £15.00 per Lot sold;
1.3 loading charge of £10.00 per vehicle loaded onto a multi-vehicle transporter;
1.4 a late payment charge of up to £20.00 where payment is not received in full within 72 hours of the date of Sale;
1.5 a storage charge of up to £10.00 per day if the Lot is not collected within 7 calendar days;
1.6 If a Lot is not collected / paid for within 14 calendar days, we reserve the right to apply a re-listing / backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non payment will result in permanent suspension of your account.
1.7 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
1.8 An administration fee of £50 to process VAT refunds to bidders who remove Lots from the UK. Any bank charges or currency exchange costs related to the refund transaction will be payable by the buyer.
1.9 A membership fee of £50 for 1 year or £80 for 2 years.
Server time is for indication only. The server time may be out by several seconds. Do not rely on the server time panel for the accurate time, it is to help users in a different time zone understand when vehicles are ending.
Edited by PurpleMoonlight on Sunday 26th February 10:02
PurpleMoonlight said:
My bold for emphasis - or would be if I could make it work.
The "bolded" bit...The Ts and Cs said:
TERMS AND CONDITIONS OF CAR TRANSPLANTS ONLINE AUCTIONS
...
As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.
...
As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.
I may be missing something here, but is it not the case that the OP / Troll (delete as appropriate) was only able to buy a £7,000 car for £3,800 BECAUSE THERE IS SOMETHING SIGNIFICANT WRONG WITH IT ?
If he thought the engine was fine then what exactly did he think was wrong with the car to justify such a discount ?
If he thought the engine was fine then what exactly did he think was wrong with the car to justify such a discount ?
PurpleMoonlight said:
My bold for emphasis - or would be if I could make it work.
TERMS AND CONDITIONS OF CAR TRANSPLANTS ONLINE AUCTIONS
(the "Terms and Conditions")
Last Updated 15th March 2016
1 INTRODUCTION
The User will be deemed to have accepted these Terms and Conditions when you click "I have read these Terms and Conditions" and when you click "I accept" when you register to become a trade member ("Trade Member") via the website at auctions.car-transplants.co.uk ("Website").
References to "us" and "our" means Car Transplants Ltd ("Car Transplants"), a company incorporated in England (company number 02030091) whose registered office is at Wharton Road, Winsford, Cheshire, CW7 3BQ. Car Transplants's VAT Registration number is 682 651 221.
References to "you" "the user" and "your" in these Terms and Conditions mean you as a registered Trade Member.
Acceptance of these Terms and Conditions by the user is an absolute pre-condition of using our Website and Services. If the user does not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
A "Lot" is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles,) or other goods that we offer for sale at auction.
The user acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods.
[b]As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.[/b] As such you accept that it is fair and reasonable in all circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the lots we offer for sale on behalf of sellers (who on occasion may be us).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between the user and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between the user and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller's responsibilities to the user and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to the user: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, the user agrees to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website.
2 OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2. As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3. When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. The user must keep their data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4. The user agrees that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5. The user agrees that they will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
2.6. The user agrees that they shall be solely liable for actions taken using their username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7. Apart from where we accept an Authorised Bidder, the user agrees that you shall keep your username and password confidential and not disclose them to or share them with anybody.
2.8. If the user believes that the confidentiality of their password has been compromised, the user must tell us immediately. We will use our reasonable endeavours to provide you with an alternative password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3 INTELLECTUAL PROPERTY RIGHTS
3.1. The user acknowledges and agrees that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors' intellectual property rights.
3.2. Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3. Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors) prior written consent.
4 MEMBERSHIP AND REGISTRATION
4.1. Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.
4.2. If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay any applicable fee, and (c) supply one form of picture identification (e.g. passport or photo card driving licence) and two household bills dated within the last three months showing your name and address. Your membership with us must be reviewed and renewed annually by paying any membership fee that may be applicable, submitting copies of all current licences, and providing information regarding any changes to your details. We reserve the right to impose or increase registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee imposition or increase.
5 RELEASE OF LIABILITY AND INDEMNITY
5.1. So far as permitted by law the user , any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
5.2. So far as permitted by law the user agrees to indemnify and keep indemnified, from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.
5.3. So far as permitted by law the user agrees to indemnify and keep indemnified, in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4. To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, the user agrees that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5. We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6. We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the DVLA and VOSA).
5.7. It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
5.8. In any event our maximum liability is limited to the selling price of the lot.
6 BIDDING OVERVIEW
6.1. Apart from those Lots offered under clauses 14 ("Buy It Now") you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with other Virtual Bids.
6.2. During the Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.
6.3. Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.4. Each instruction, transmission, display and receipt in relation to Bidding shall be deemed to have been carried out in the United Kingdom.
7 SALES, POLICIES AND PROCEDURES
7.1. Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969.
7.2. Lots may be subject to a reserve price (an undisclosed minimum selling price) on any lot. If there is a reserve price on a lot it will be identified on the auction search page entry in respect of that lot by signifying whether or not the reserve price has been met or exceeded at the time when the bidder accesses that search page.
7.3. Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide the user with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to the user as described in these Terms and Conditions.
7.4. A bid the user place's will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid. A Contract of Sale will only be concluded if the reserve price has been met. In each case, the Contract of Sale will be between the user as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.5. We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from the user or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.6. Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.7. In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither the user nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though the user shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.8. The user agrees to indemnify, keep us indemnified from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.9. We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion. The user will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from the user in full payment of all sums, fees and other monies due from the user in respect of that Lot. The user will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10. The user will assume full responsibility for, and all risk passes to the user in respect of, any Lot the user has purchased from us/a Seller from the time the Contract of Sale is concluded between the user and us/the Seller (as the case may be). You agree to indemnify, against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot the user has agreed to purchase.
8 DISCLAIMERS
8.1. All lots we offer for sale are sold on an "as is where is" basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase.
8.2. We expressly disclaim the accuracy or completeness of any and/or all information provided to the user regarding lots whether provided in written, verbal or digital image form ("lot information"). Lot information is provided for convenience only. The user agrees that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements.
It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any lot.
8.3. The user agrees that all lots are sold "as is, where is" and are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any lot we offer for sale.
8.4. The user acknowledges and agrees that we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
8.5. Given the nature of our business, the nature of the lots we offer for sale, and the fact that you are a trade member, you acknowledge and agree that it is fair and reasonable in all the circumstances for us to rely upon the restrictions, limitations and exclusions of our liability set out in this clause 8. You acknowledge and agree that your use of our website and services and your bidding for and/or purchase of lots is expressly on the basis that these terms and conditions have been read and understood by you, and that you accept in the circumstances they are fair and reasonable.
9 VEHICLE REGISTRATION AND LICENSING
9.1. All vehicles are sold to the Buyer without title to the vehicle registration number which will remain the property of the Seller except where expressly otherwise notified to the Buyer by NSG in writing.
9.2. On request by the Seller, the Buyer shall take all necessary steps to make any vehicle Registration number plate within a Lot available to the Seller without any cost to the Seller.
9.3. The Seller does not supply existing Vehicle Registration Documents ("V5s") or MOT certificates with any vehicle except where expressly stated otherwise in writing.
9.4. The Seller may in its sole discretion, notify the Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.
10 CAR TRANSPLANTS DO NOT SELL BREAKER ONLY VEHICLES
11 FEES, PAYMENTS AND DELIVERIES
11.1. The buyer's premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees ("Fees") applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
11.2. Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the "Price") and any other Fees due in respect of that Lot.
11.3. We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 72 Hours of conclusion of that Contract of Sale ("Date of Sale"). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker's draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least £5,000 (inclusive of VAT) by the above means since becoming a Trade Member, the user may pay by cash or debit or credit card, though such payments are subject to a handling charge of between 1% and 3% plus VAT.
11.4. Where the user has not made payment in accordance with clause 11.3 above, the user agrees that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to the user. In such case, the user agrees to pay the relevant relist fee in force at the time. If the user causes an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
11.5. Such right and title as we or the Seller has to each Lot the user purchases will transfer to the user absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
11.6. If the user has elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from the user. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to the user, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. In fact the user accepts that we will not be liable for any further damage done to Lots the user has purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to the user and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.
11.7. Delivery will be made to the address specified by the user. It is your responsibility to provide sufficient information for the delivery driver to locate the address, and to ensure it is possible to make the delivery. As such the user must accept that additional charges may be levied for re-delivery or waiting time over one hour.
11.8. Alternatively the user may elect to collect each Lot the user has purchased on or after the Date of Sale, though we will release it to the user only when we have received full payment in cleared funds of all sums due in respect of that Lot. When the user collects Lots from us, the user agrees to comply at all times with our safe working procedures and site rules in force from time to time and we do not accept any loss or injury sustained as a result of your failure to do so.
11.9. The user agrees that if a vehicle purchased is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an un-roadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and the user shall not remove it (or cause it to be removed) from our premises under its own power.
11.10. Our and/or the Seller's liability in respect of each Lot the user purchases ends upon the transfer to the user of such right and title as we have (or the Seller has), and the user assumes all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. As such the user must register with the DVLA each vehicle purchased from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle the user purchases will be your sole responsibility from the Date of Sale of that vehicle. At all times the user must comply with the ABI Code. If the user fails to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
11.11. Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
11.12. If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then the user shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that Lot until the user pays us the storage fee and/or any other outstanding sums in full in cleared funds. As such you agree that we may keep possession of such a Lot pending payment and the user acknowledges and accepts that we may have a lien (whether contractual, general or specific) over that Lot for this purpose.
11.13. If the user makes payment to the Seller via bank transfer, those payments must originate from a bank account in the same name as your account. If the user is entitled to make payments to the Seller using debit or credit card, any card used to make a payment to the Seller must be registered in the same name as your auction account. If payments are found to have been made from a bank account or card in a different name, we reserve the right to suspend or close your account immediately.
11.14. It is your responsibility to satisfy yourself as to the condition and history of your purchase. We recommend at least an HPI or equivalent check. You must notify us of any potential claims relating to the condition and history of your purchase before the vehicle is removed from site.
12 MISCELLANEOUS PROVISIONS
12.1. We shall have no liability to the user for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control.
12.2. These Terms and Conditions contain the entire agreement between (a) the user and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) the user and the Seller of any Lot purchased through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.3. If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.4. The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between the user and us by reason of these Terms and Conditions.
12.6. In our discretion we may serve any notice on the user by email, fax or First Class post. In the case of notices sent by email or fax, the user will be deemed served at the time and date of successful transmission; in relation to notice by First Class post the user will be deemed served two business days after posting.
12.7. No person other than the user has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
12.8. As part of the registration process the user agrees to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send the user in connection with our Services.
12.9. We may at any time, without notice to the user, set off any liability the user owes us against any liability we owe the user, whether any such liability is present or future, liquidated or un-liquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.9 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.10. The user must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and the user shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13 SALES OF PARTS
13.1. Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
13.2. Parts are sold on an "as is, where is" basis. Delivery can be arranged at additional cost.
13.3. The user is buying parts in your capacity as a trade member, so consumer protection laws do not apply to parts purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All parts sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a part's suitability and condition before making an offer. The provisions of clause 8 apply in full to parts purchases.
13.4. Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5. A bid the user places on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14 "BUY IT NOW" SALES
14.1. We may offer some Lots for purchase outside our usual auction through your use of our "Buy It Now" facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2. When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the "Offer Acceptance E-mail"). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3. We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4. The user is buying lots in your capacity as a trade member, so consumer protection laws do not apply to buy it now purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All buy it now sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a lot's status, condition and history before making a buy it now offer. The provisions of clause 8 apply in full to buy it now purchases.
14.5. Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases.
14.6. We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
APPENDIX A (Fees & Charges)
Last Updated 18th August 2015
1 Buyers Fees for Lots closing on or after 1st September 2014
1.1 Buyers premium fee
Hammer / selling price range Buyers fee
£0.00 to £99.99 £20.00
£100.00 to £299.99 £45.00
£300.00 to £499.99 £48.00
£500.00 to £899.99 £60.00
£900.00 to £1,099.99 £74.00
£1,100.00 to £1,299.99 £84.00
£1,300.00 to £1,499.99 £95.00
£1,500.00 to £1,699.99 £110.00
£1,700.00 to £1,999.99 £125.00
£2,000.00 to £2,999.99 £165.00
£3,000.00 to £4,999.99 £250.00
£5,000.00 to £8,999.99 £325.00
£9,000.00 to £9,999.99 £400.00
£10,000.00 to £9,999,999.99 5.00%
1.2 admin / release fee of £15.00 per Lot sold;
1.3 loading charge of £10.00 per vehicle loaded onto a multi-vehicle transporter;
1.4 a late payment charge of up to £20.00 where payment is not received in full within 72 hours of the date of Sale;
1.5 a storage charge of up to £10.00 per day if the Lot is not collected within 7 calendar days;
1.6 If a Lot is not collected / paid for within 14 calendar days, we reserve the right to apply a re-listing / backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non payment will result in permanent suspension of your account.
1.7 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
1.8 An administration fee of £50 to process VAT refunds to bidders who remove Lots from the UK. Any bank charges or currency exchange costs related to the refund transaction will be payable by the buyer.
1.9 A membership fee of £50 for 1 year or £80 for 2 years.
Server time is for indication only. The server time may be out by several seconds. Do not rely on the server time panel for the accurate time, it is to help users in a different time zone understand when vehicles are ending.
Some sense at last.TERMS AND CONDITIONS OF CAR TRANSPLANTS ONLINE AUCTIONS
(the "Terms and Conditions")
Last Updated 15th March 2016
1 INTRODUCTION
The User will be deemed to have accepted these Terms and Conditions when you click "I have read these Terms and Conditions" and when you click "I accept" when you register to become a trade member ("Trade Member") via the website at auctions.car-transplants.co.uk ("Website").
References to "us" and "our" means Car Transplants Ltd ("Car Transplants"), a company incorporated in England (company number 02030091) whose registered office is at Wharton Road, Winsford, Cheshire, CW7 3BQ. Car Transplants's VAT Registration number is 682 651 221.
References to "you" "the user" and "your" in these Terms and Conditions mean you as a registered Trade Member.
Acceptance of these Terms and Conditions by the user is an absolute pre-condition of using our Website and Services. If the user does not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
A "Lot" is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles,) or other goods that we offer for sale at auction.
The user acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods.
[b]As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser.[/b] As such you accept that it is fair and reasonable in all circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the lots we offer for sale on behalf of sellers (who on occasion may be us).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between the user and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between the user and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller's responsibilities to the user and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to the user: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, the user agrees to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website.
2 OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2. As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3. When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. The user must keep their data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4. The user agrees that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5. The user agrees that they will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
2.6. The user agrees that they shall be solely liable for actions taken using their username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7. Apart from where we accept an Authorised Bidder, the user agrees that you shall keep your username and password confidential and not disclose them to or share them with anybody.
2.8. If the user believes that the confidentiality of their password has been compromised, the user must tell us immediately. We will use our reasonable endeavours to provide you with an alternative password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3 INTELLECTUAL PROPERTY RIGHTS
3.1. The user acknowledges and agrees that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors' intellectual property rights.
3.2. Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3. Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors) prior written consent.
4 MEMBERSHIP AND REGISTRATION
4.1. Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.
4.2. If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay any applicable fee, and (c) supply one form of picture identification (e.g. passport or photo card driving licence) and two household bills dated within the last three months showing your name and address. Your membership with us must be reviewed and renewed annually by paying any membership fee that may be applicable, submitting copies of all current licences, and providing information regarding any changes to your details. We reserve the right to impose or increase registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee imposition or increase.
5 RELEASE OF LIABILITY AND INDEMNITY
5.1. So far as permitted by law the user , any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
5.2. So far as permitted by law the user agrees to indemnify and keep indemnified, from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.
5.3. So far as permitted by law the user agrees to indemnify and keep indemnified, in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4. To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, the user agrees that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5. We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6. We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the DVLA and VOSA).
5.7. It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
5.8. In any event our maximum liability is limited to the selling price of the lot.
6 BIDDING OVERVIEW
6.1. Apart from those Lots offered under clauses 14 ("Buy It Now") you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with other Virtual Bids.
6.2. During the Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.
6.3. Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.4. Each instruction, transmission, display and receipt in relation to Bidding shall be deemed to have been carried out in the United Kingdom.
7 SALES, POLICIES AND PROCEDURES
7.1. Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969.
7.2. Lots may be subject to a reserve price (an undisclosed minimum selling price) on any lot. If there is a reserve price on a lot it will be identified on the auction search page entry in respect of that lot by signifying whether or not the reserve price has been met or exceeded at the time when the bidder accesses that search page.
7.3. Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide the user with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to the user as described in these Terms and Conditions.
7.4. A bid the user place's will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid. A Contract of Sale will only be concluded if the reserve price has been met. In each case, the Contract of Sale will be between the user as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.5. We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from the user or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.6. Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.7. In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither the user nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though the user shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.8. The user agrees to indemnify, keep us indemnified from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.9. We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion. The user will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from the user in full payment of all sums, fees and other monies due from the user in respect of that Lot. The user will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10. The user will assume full responsibility for, and all risk passes to the user in respect of, any Lot the user has purchased from us/a Seller from the time the Contract of Sale is concluded between the user and us/the Seller (as the case may be). You agree to indemnify, against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot the user has agreed to purchase.
8 DISCLAIMERS
8.1. All lots we offer for sale are sold on an "as is where is" basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase.
8.2. We expressly disclaim the accuracy or completeness of any and/or all information provided to the user regarding lots whether provided in written, verbal or digital image form ("lot information"). Lot information is provided for convenience only. The user agrees that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements.
It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any lot.
8.3. The user agrees that all lots are sold "as is, where is" and are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any lot we offer for sale.
8.4. The user acknowledges and agrees that we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
8.5. Given the nature of our business, the nature of the lots we offer for sale, and the fact that you are a trade member, you acknowledge and agree that it is fair and reasonable in all the circumstances for us to rely upon the restrictions, limitations and exclusions of our liability set out in this clause 8. You acknowledge and agree that your use of our website and services and your bidding for and/or purchase of lots is expressly on the basis that these terms and conditions have been read and understood by you, and that you accept in the circumstances they are fair and reasonable.
9 VEHICLE REGISTRATION AND LICENSING
9.1. All vehicles are sold to the Buyer without title to the vehicle registration number which will remain the property of the Seller except where expressly otherwise notified to the Buyer by NSG in writing.
9.2. On request by the Seller, the Buyer shall take all necessary steps to make any vehicle Registration number plate within a Lot available to the Seller without any cost to the Seller.
9.3. The Seller does not supply existing Vehicle Registration Documents ("V5s") or MOT certificates with any vehicle except where expressly stated otherwise in writing.
9.4. The Seller may in its sole discretion, notify the Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.
10 CAR TRANSPLANTS DO NOT SELL BREAKER ONLY VEHICLES
11 FEES, PAYMENTS AND DELIVERIES
11.1. The buyer's premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees ("Fees") applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
11.2. Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the "Price") and any other Fees due in respect of that Lot.
11.3. We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 72 Hours of conclusion of that Contract of Sale ("Date of Sale"). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker's draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least £5,000 (inclusive of VAT) by the above means since becoming a Trade Member, the user may pay by cash or debit or credit card, though such payments are subject to a handling charge of between 1% and 3% plus VAT.
11.4. Where the user has not made payment in accordance with clause 11.3 above, the user agrees that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to the user. In such case, the user agrees to pay the relevant relist fee in force at the time. If the user causes an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
11.5. Such right and title as we or the Seller has to each Lot the user purchases will transfer to the user absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
11.6. If the user has elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from the user. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to the user, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. In fact the user accepts that we will not be liable for any further damage done to Lots the user has purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to the user and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.
11.7. Delivery will be made to the address specified by the user. It is your responsibility to provide sufficient information for the delivery driver to locate the address, and to ensure it is possible to make the delivery. As such the user must accept that additional charges may be levied for re-delivery or waiting time over one hour.
11.8. Alternatively the user may elect to collect each Lot the user has purchased on or after the Date of Sale, though we will release it to the user only when we have received full payment in cleared funds of all sums due in respect of that Lot. When the user collects Lots from us, the user agrees to comply at all times with our safe working procedures and site rules in force from time to time and we do not accept any loss or injury sustained as a result of your failure to do so.
11.9. The user agrees that if a vehicle purchased is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an un-roadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and the user shall not remove it (or cause it to be removed) from our premises under its own power.
11.10. Our and/or the Seller's liability in respect of each Lot the user purchases ends upon the transfer to the user of such right and title as we have (or the Seller has), and the user assumes all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. As such the user must register with the DVLA each vehicle purchased from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle the user purchases will be your sole responsibility from the Date of Sale of that vehicle. At all times the user must comply with the ABI Code. If the user fails to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
11.11. Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
11.12. If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then the user shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that Lot until the user pays us the storage fee and/or any other outstanding sums in full in cleared funds. As such you agree that we may keep possession of such a Lot pending payment and the user acknowledges and accepts that we may have a lien (whether contractual, general or specific) over that Lot for this purpose.
11.13. If the user makes payment to the Seller via bank transfer, those payments must originate from a bank account in the same name as your account. If the user is entitled to make payments to the Seller using debit or credit card, any card used to make a payment to the Seller must be registered in the same name as your auction account. If payments are found to have been made from a bank account or card in a different name, we reserve the right to suspend or close your account immediately.
11.14. It is your responsibility to satisfy yourself as to the condition and history of your purchase. We recommend at least an HPI or equivalent check. You must notify us of any potential claims relating to the condition and history of your purchase before the vehicle is removed from site.
12 MISCELLANEOUS PROVISIONS
12.1. We shall have no liability to the user for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control.
12.2. These Terms and Conditions contain the entire agreement between (a) the user and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) the user and the Seller of any Lot purchased through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.3. If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.4. The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between the user and us by reason of these Terms and Conditions.
12.6. In our discretion we may serve any notice on the user by email, fax or First Class post. In the case of notices sent by email or fax, the user will be deemed served at the time and date of successful transmission; in relation to notice by First Class post the user will be deemed served two business days after posting.
12.7. No person other than the user has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
12.8. As part of the registration process the user agrees to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send the user in connection with our Services.
12.9. We may at any time, without notice to the user, set off any liability the user owes us against any liability we owe the user, whether any such liability is present or future, liquidated or un-liquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.9 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.10. The user must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and the user shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13 SALES OF PARTS
13.1. Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
13.2. Parts are sold on an "as is, where is" basis. Delivery can be arranged at additional cost.
13.3. The user is buying parts in your capacity as a trade member, so consumer protection laws do not apply to parts purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All parts sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a part's suitability and condition before making an offer. The provisions of clause 8 apply in full to parts purchases.
13.4. Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5. A bid the user places on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14 "BUY IT NOW" SALES
14.1. We may offer some Lots for purchase outside our usual auction through your use of our "Buy It Now" facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2. When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the "Offer Acceptance E-mail"). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3. We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4. The user is buying lots in your capacity as a trade member, so consumer protection laws do not apply to buy it now purchases and all implied terms (statutory or otherwise) are excluded to the fullest extent permitted by law. All buy it now sales are final – returns are not accepted – and are made on an "as is, where is" basis. It is your sole responsibility to make all necessary enquiries and inspections to satisfy yourself as to a lot's status, condition and history before making a buy it now offer. The provisions of clause 8 apply in full to buy it now purchases.
14.5. Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases.
14.6. We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
APPENDIX A (Fees & Charges)
Last Updated 18th August 2015
1 Buyers Fees for Lots closing on or after 1st September 2014
1.1 Buyers premium fee
Hammer / selling price range Buyers fee
£0.00 to £99.99 £20.00
£100.00 to £299.99 £45.00
£300.00 to £499.99 £48.00
£500.00 to £899.99 £60.00
£900.00 to £1,099.99 £74.00
£1,100.00 to £1,299.99 £84.00
£1,300.00 to £1,499.99 £95.00
£1,500.00 to £1,699.99 £110.00
£1,700.00 to £1,999.99 £125.00
£2,000.00 to £2,999.99 £165.00
£3,000.00 to £4,999.99 £250.00
£5,000.00 to £8,999.99 £325.00
£9,000.00 to £9,999.99 £400.00
£10,000.00 to £9,999,999.99 5.00%
1.2 admin / release fee of £15.00 per Lot sold;
1.3 loading charge of £10.00 per vehicle loaded onto a multi-vehicle transporter;
1.4 a late payment charge of up to £20.00 where payment is not received in full within 72 hours of the date of Sale;
1.5 a storage charge of up to £10.00 per day if the Lot is not collected within 7 calendar days;
1.6 If a Lot is not collected / paid for within 14 calendar days, we reserve the right to apply a re-listing / backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non payment will result in permanent suspension of your account.
1.7 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
1.8 An administration fee of £50 to process VAT refunds to bidders who remove Lots from the UK. Any bank charges or currency exchange costs related to the refund transaction will be payable by the buyer.
1.9 A membership fee of £50 for 1 year or £80 for 2 years.
Server time is for indication only. The server time may be out by several seconds. Do not rely on the server time panel for the accurate time, it is to help users in a different time zone understand when vehicles are ending.
Edited by PurpleMoonlight on Sunday 26th February 10:02
These types of auctions are brutal, Copart is the same.
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