1) You 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 member (“Trade Member or Privat”) via the website at https://www.eurocarauction.co.uk/ “Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods), together with any additional services we offer within these Terms and Conditions, collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Member. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do 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, plant and machinery) or other goods that we offer for sale.
You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade or Privat 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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE 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 OCCASIONS MAY BE US).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you 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 you 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 you 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 you: 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 Member with us, you agree 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
Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. 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.
2a) 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.
2c) You agree 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.
2d) You agree that you 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.
2e)You agree that you are and shall be solely liable for actions taken using your 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.
2f)If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or 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) BIDDING OVERVIEW
3a) Apart from those Lots offered under clauses 14 (“Buy It Now”) and/or 15 (“Make An Offer”) there are three ways by which you can bid for Lots (please note only Members with an ‘active’ status can place bids):
3b) “Live Bidding” –Members may submit “Live Bid” at our auction house due to a Live Auction.
3c) “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically (an “Internet Preliminary Bid”). Internet and Live Bids compete as described above.
3d) “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically (a “Virtual Bid”) in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.
3c) You may preview the Lots we are advertising for sale at the premises at which they are stored during our normal business hours up until 1 hour prior to the start of the auction in which a Lot is to be offered for sale.
3e) We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a preliminary bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said you are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.
3f) Increment bidding is an option available to you during the Preliminary Bidding Period, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose, you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid £1,000. The Virtual Bid is currently at £1,000 (a tie with your bid). Because you selected the increment bid box, your preliminary bid is incremented to £1,050. The Lot sells to you at no more than £1,050 or to the Member that placed the Virtual Bid for £1,100 or more.)
3g) Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
3h) Virtual Bids prevail over Internet and Live Bids of an equal amount.
3i) Each instruction, transmission, display and receipt in relation to Live Bidding, Internet Preliminary Bidding and/or Virtual Bidding shall be deemed to have been carried out in the United Kingdom.
ALL LOTS WE OFFER FOR SALE ARE "SOLD AS SEEN WITH ALL FAULTS IF ANY”, “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY).
We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree 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, 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 or are able or permitted to be repaired. In the case of electric or hybrid electric vehicles we make no representation nor offer any warranty that the batteries are included (or the right to use the batteries) within the sale. You may not acquire ownership or the right to use relevant battery packs and you should satisfy yourself of this prior to bidding.
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.
4.1) YOU AGREE 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 OR THAT THEY MAY BE REPAIRED. 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.
You acknowledge and agree 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.
4.2) 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.
5) FEES, PAYMENTS AND DELIVERIES
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.
5.1) 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. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
5.2) 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 two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by bank transfer, banker’s draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £8,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, you may pay by debit or credit card, though such payments are subject to a handling charge of 3% plus VAT.
5.3A) Notwithstanding the above, under no circumstances will we accept cash payments in respect of Category B vehicles or any Fees or other charges associated with a Category B vehicle. Payment for Category B vehicles and associated Fees/charges will only be accepted by bank transfer or, subject to the eligibility requirements set out in above, a debit or credit card in the name of the Trade or Privat Member that won the Lot.
5.4) Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
5.5) Such right and title as we or the Seller has to each Lot you purchase will transfer to you 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.
5.6) If you have elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address (provided your nominated address is in a location to which our premises at which the Lot is stored will deliver) without further request from you. Details of the locations to which each of our premises will deliver can be obtained from each individual premises. Time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to you, 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. You accept that we will not be liable for any further damage done to Lots you have purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to you 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 including but not limited to any applicable loading and/or delivery fees.
5.7) Alternatively you may elect to collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.
5.8) You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy 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 you shall not remove it (or cause it to be removed) from our premises under its own power.
5.9) Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. You must register with the DVLA each vehicle you purchase 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 you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
5.10) Any Lot remaining uncollected (and/or that we have been unable to deliver or release to you) 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.
5.11) If a Lot remains uncollected (and/or that we have been unable to deliver or release to you) on our premises after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter, subject to any free period of storage applicable at the material time (details of which are displayed at our premises and/or on our Website). Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from (i) the Date of Sale or, where applicable, (ii) the date we notify you that the Depollution Service has been completed (whichever is latest), without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.
5.12) If you make payments to Copart UK via bank transfer, those payments must originate from a bank account in the same name as your Copart UK account. If you are entitled to make payments to Copart UK using debit or credit card, any card you use to make a payment to Copart UK must be registered in the same name as your Copart UK account. If payments are found to have been made from a bank account or card in a different name, Copart UK reserves the right to suspend or close your account immediately.
5.12) The Auctioneers shall be entitled to a commission of 10% for modern car entries and 5% for classic car entries of the price at which a vehicle is sold subject nevertheless to a minimum commission of £50 per car for modern entries (car or commercial) and £100 for classic entries. The commission will be payable by both sides “The Vendor and Buyer “at the time of the sale. If any vehicle is entered for sale and is sold by the owner or their agent, to any person attending the sale, that sale shall be deemed to have been affected by the Auctioneers as agents for the owner and full commission will be payable. If an entry for the classic auction is withdrawn before the auction is held, without the Auctioneers consent, the full commission and buyer's premium, and any other expenses, are payable on the reserve price by the vendor.
6) CONTACT WITH PREVIOUS OWNERS
You agree that you shall not contact the previous owner of a Lot, unless we have given you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller.
7) MISCELLANEOUS PROVISIONS
You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.
7.1) We shall have no liability to you 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. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
7.2) These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase 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.
7.3) 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.
7.4) No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
7.5) In our discretion we may serve any notice on you by email, fax or First-Class post. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by First Class post you will be deemed served two business days after posting
7.6) No person other than you has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
7.8) Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in British pounds sterling.
7.10) We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, 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 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
7.11) You 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 you 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.