Terms and Conditions
The following is a legally binding contract between you and SalvageSparefinder Limited ("salvagesparefinder.co.uk"), which determines your contractual relationship with SalvageSpareFinder Limited and your behaviour on the site. These terms and conditions shall be referred to as "the Agreement". Please note that by pressing "accept" at the end of this Agreement you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit or to any item that you upload for auction.
1 Scope of Agreement
This Agreement sets out the rights and obligations of SalvageSpareFinder Limited and all users of salvagesparefinder.co.uk ("the Site") including those who place items for auction on the Site ("Vendors") and those who bid for items placed for auction on the Site ("Dealers") in relation to all online auction services offered by SalvageSpareFinder Limited through the Site ("the Services").
2 Operation of Auction Services
2.1 a) An "Auction" is an online auction where SalvageSpareFinder Limited provides an online venue to allow Vendors to offer for sale Salvaged Vehicles to Dealers in accordance with this Agreement.
2.1 b) SalvageSparefinder also offers the opportunities for users to take part in auctions run by a 3rd party.
2.1b.1 In a 3rd party auction:
- The customer must Pay a deposit before the end of the auction, and within 48 hours of the initial enquiry. The deposit will be £1000 or 10% of the expected sale, whichever is the smaller.
- The customer must pay the full outstanding balance within 5 hours of the auction ending.
- The customer must pickup the car within 5 days.
- The customer is liable for the purchased car
2.2 The Salvaged Vehicles made available through Auctions are offered for auction by the Vendor or by the Vendor as agent of a third party. SalvageSpareFinder Limited is not a party to any Auction and acts only to provide the means for these Auctions to be conducted.
2.3 The contractual terms and conditions which will apply as between a Dealer and the Vendor in relation to the Salvaged Vehicles which are the subject of any Auction shall be those specified by the Vendor, whether in writing or otherwise. It is the Vendor's obligation, and not that of SalvageSpareFinder Limited, to notify Dealers of those terms and conditions.
2.4 SalvageSpareFinder Limited reserves the unilateral right to foreclose or extend Auctions or to cancel or withdraw listings or to terminate entire Services, where SalvageSpareFinder Limited at its sole discretion believes it has good legal or technical reasons to do so (including, without limitation, technical difficulties experienced by SalvageSpareFinder Limited, a Vendor or technical difficulties on the Internet).
2.5 SalvageSpareFinder Limited may in its absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings or Salvaged Vehicles in respect of which there is a dispute, which are withdrawn by the Vendor, or which fail to draw bids above the reserve. SalvageSpareFinder Limited may in its absolute discretion change the timing of sales. Where practical, SalvageSpareFinder Limited shall provide reasonable advance notice to the Vendors and Dealers of any actions it may take in accordance with this condition.
2.6 SalvageSpareFinder Limited agrees to use its reasonable endeavours to process bids which are placed in respect of Salvaged Vehicles offered by the Vendor, but does not guarantee that any individual bid will be submitted.
2.7 SalvageSpareFinder Limited is in no respects bound or required to offer any of the Services to all or any of the Vendors or Dealers.
2.8 It is a requirement that in order to be entitled to use the Services a Vendor must register with SalvageSpareFinder Limited and must have agreed to SalvageSpareFinder Limited Vendor terms and pay a registration fee of. SalvageSpareFinder Limited reserves the right to suspend or terminate this Agreement and/or suspend or terminate the Vendor's ability to offer Salvaged Vehicles for sale in any Auction, or ability otherwise to participate in any Auction if it appears to SalvageSpareFinder Limited that the Vendor is or appears to be in breach of any of the provisions of this Agreement, including, without limitation, any misuse of the Services.
3 Reserve Prices and Bids
3.1 Salvaged Vehicles may be offered by the Vendor subject to a reserve price (the "Reserve"), which may be higher than the starting bid. The Vendor agrees that the winning bid in any Auction will be the highest bid which exceeds any reserve and meets any other express conditions of the relevant Auction.
3.2 By listing Salvaged Vehicles on the site, the Vendor agrees to be bound by the highest successful winning bid made by any Dealer in respect of the Salvaged Vehicle, subject in all circumstances to the right of SalvageSpareFinder Limited to intervene in any Auction under Clause 2 of this Agreement.
3.3 The Vendor acknowledges that SalvageSpareFinder Limited does not guarantee or undertake any liability for or responsibility for the ability of any bidder to pay the price under any Auction.
3.4 Proxy Bidding. A Dealer may use Proxy Bidding to bid in an Auction. To set a proxy bid, a Dealer must enter (i) a higher figure in the "proxy bid" box than the displayed current price or starting price. The system will automatically raise the Dealer’s bid by a bid increment each time it is superseded until either the Dealer wins or the winning bid is raised to match or exceed the Proxy Bid Limit. The system acts like another bidder, as determined by the proxy bidding logic.
3.4.2 For the avoidance of doubt by setting a Proxy Bid Limit it is agreed between the Dealer and SalvageSpareFinder Limited that SalvageSpareFinder Limited may bid incrementally by the stated bid increment up to that limit on your behalf. The proxy bidding process is no different from all other bidding on our site, however when an auction reaches its specified closing time and no further bids can be placed, time will be allowed for competing proxy bids to be incrementally placed by the system on behalf of their respective User until a winning bid is reached. Once you have set a Proxy Bid Limit and entered a bid you cannot go back and change it. If you submit another Proxy Bid Limit your highest Proxy Bid Limit will be accepted.
3.4.3 For the avoidance of doubt, it is possible for the proxy bidder to lose when the winning bid stands at the proxy bidder's limit, i.e. if another bidder reaches the proxy bidder's limit first then the proxy bidder can only match that bid and will therefore lose.
Also if there are two proxy bids placed with identical high bid limits, the bidder who placed their proxy bid first will be the winner, therefore one of the bids will lose even though the winning bid stands at both of the Proxy Bid Limits.
4 Refund Policy
4.1 Security Deposits.
4.1.1 Because 95% of our customers return to bid on vehicles we automatically hold your security deposit for you. This is for your convenience. As you will not need to give us your details again next time you bid. this will make your bid quicker and easier to process.
4.1.2 Alternatively should you wish to have your security deposit refunded this will be refunded within 30 days.
4.2 Rejected Vehicles.
Over the past couple of years we have encountered a few issues with vehicles,
4.2.1 Should a problem arise with the vehicle you have bid on, Salvage Spare Finder Ltd will be notified within 14 days of the auction ending.
4.2.2 upon receiving the information salvage spare finder ltd will then contact the customer to inform them of this and give them 2 options.
- Customer can use this money to bid on another vehicle.
- Customer can have a complete refund.
This is how the refund process works
4.2.3 The refund will be issued to Salvage Spare Finder Ltd within 7 working days of the problem arising, once Salvage Spare Finder Ltd have the full cleared funds in their account we will will then complete a full refund to the customer within 14 working days
4.2.4 Salvage Spare Finder Ltd will not be responsible for any losses incurred as a result of this refund process.
4.3 Cancellation of a vehicle request:
4.3.1 Should the customer win a vehicle with Salvage Spare Finder Ltd and wish to cancel the bid for any other reason other than the vehicle being miss described the customer will then lose the security deposit taken and will be required to pay a re-listing fee. This fee will be 10% of the car price with a minimum of £200.
5 Undertakings of the Vendor
5.1 The Vendor agrees with SalvageSpareFinder Limited that:
(i) it will not bid in any of its own Auctions (whether directly or indirectly) or do anything or take any course of action which could affect the price of any Salvaged Vehicles offered by the Vendor in any Auction;
(ii) in listing Salvaged Vehicles on the Site, it will not: (a) establish a link to any web-site or other area; or (b) include any publicity, advertisement or other statement relating to any goods or services or Salvaged Vehicle except where such link, publicity, advertisement or other statement relates directly to Salvaged Vehicles which are the subject matter of such listing;
(iii) it will do nothing which would damage or otherwise affect the operation of the Site;
(iv) it will place a listing of any Salvaged Vehicles in respect of any Auction only in a category suitable to the subject matter of such Auction; and
(v) a Salvaged Vehicle offered by the Vendor for auction on the Site will not be made available by the Vendor for auction or sale by any other means until such time as SalvageSpareFinder Limited and the Vendor agree that the Salvaged Vehicle has failed to sell through the Site or is unclaimed after sale.
5.2 The Vendor agrees to set the salvage category in accordance with ABI guidelines. Unless expressly stated otherwise, all Salvaged Vehicles will have been reported to MIAFTR and will show up on Vehicle Identity Checks (VIC). SalvageSpareFinder Limited reserves the right at its sole discretion to determine which ABI Category Vehicles may be sold by a Vendor through the Site.
5.3 The Vendor agrees to manage the V5 process in accordance with ABI guidelines.
5.4 The Vendor agrees that all copyright, trademarks and other intellectual property rights in and relating to the provision of the Services are owned by SalvageSpareFinder Limited (or its affiliates). The Vendor agrees not to use any of those intellectual property rights, or the Services, except to the extent necessary to conduct Auctions in the manner anticipated in this Agreement, without the prior written consent of SalvageSpareFinder Limited.
5.5 Vendor Information. The Vendor hereby grants to SalvageSpareFinder Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) in the Dealer Information, in any media now known or not currently known, for the limited purposes of implementing and operating the Site.
5.6 Passwords. The password used by the Vendor to access the SalvageSpareFinder Limited site must not be passed or revealed to anyone else. The Vendor accepts full responsibility for any damage caused to the Services or to any other Vendor, Dealer or third party as a result of such disclosure.
5.7 When an item is sold SalvageSpareFinder a deposit of 10% of the selling total is taken automatically from the buyer. This is then deducted from the final selling price and every 4 weeks a payment will be made to the breaker comprising of all the deposits taken on his behalf by SalvageSpareFinder.
5.8 Vehicles which have been deemed incapable of economic or safe repair (ABI Category B) and Category A salvage will not be sold on SalvageSpareFinder. This means only Categories C, D and X are to be sold by vendors
6 LIABILITY
6.1 THIS AGREEMENT AND THE PRIVACY POLICY AND, IN RELATION TO THOSE LICENSED DEALERS WHO ARE AUTHORISED TO BID FOR RESTRICTED CATEGORY B VEHICLES THE TERMS AND CONDITIONS SET OUT IN THE INVITATION TO PARTICIPATE IN THE RESTRICTED B VEHICLES AUCTION CATEGORY, AND THE VENDOR AGREEMENT, TOGETHER CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING OF THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND (IN RELATION TO THAT SUBJECT MATTER) SUPERSEDE ANY AND ALL PREVIOUS AGREEMENTS, ARRANGEMENTS, STATEMENTS AND UNDERSTANDINGS, ALTHOUGH NOTHING IN THIS CLAUSE SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY FOR ANY FRAUD OR FRAUDULENT REPRESENTATION BY EITHER PARTY. EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT, IN ENTERING INTO THIS AGREEMENT AND THE DOCUMENTS REFERRED TO IN IT, IT DOES NOT RELY ON, AND SHALL HAVE NO REMEDY IN RESPECT OF, ANY STATEMENT, REPRESENTATION, WARRANTY OR UNDERSTANDING (WHETHER NEGLIGENTLY OR INNOCENTLY MADE) OF ANY PERSON (WHETHER PARTY TO THIS AGREEMENT OR NOT).
6.2 SalvageSpareFinder LIMITED WILL NOT BE LIABLE TO THE VENDOR OR ANY THIRD PARTY FOR MONETARY AND/OR ECONOMIC LOSSES AND/OR PROPERTY DAMAGE OF ANY TYPE AND WITHOUT PREJUDICE TO THE GENERALITY OF THIS EXCLUSION WILL NOT BE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, INCOME OR BUSINESS HOWSOEVER CAUSED OR ARISING (WHETHER ARISING OUT OF ANY NEGLIGENCE BY SalvageSpareFinder LIMITED, THEIR EMPLOYEES OR THEIR AGENTS OR BREACH OF THIS AGREEMENT OR OTHERWISE), EVEN IF THAT LOSS OR DAMAGE WAS FORESEEABLE BY, OR THE POSSIBILITY OF IT WAS BROUGHT TO THE ATTENTION OF, SalvageSpareFinder LIMITED.
6.3 WITHOUT LIMITING THE PRECEDING PARAGRAPH, THE ENTIRE LIABILITY OF SalvageSpareFinder LIMITED UNDER THIS AGREEMENT (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) £500, OR (B) AN AMOUNT EQUAL TO THE SUMS PAID OR PAYABLE BY THE VENDOR TO SalvageSpareFinder LIMITED AS COMMISSION ARISING FROM THE AUCTION(S) TO WHICH SUCH LIABILITY RELATES, REGARDLESS OF THE CAUSE OR FORM OF ACTION.
6.4 NOTHING IN THIS AGREEMENT LIMITS SalvageSpareFinder LIMITED'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SalvageSpareFinder LIMITED'S NEGLIGENCE.
6.5 SalvageSpareFinder LIMITED ACCEPTS NO CONTROL OVER OR RESPONSIBILITY OR LIABILITY FOR THE QUALITY, SAFETY, OR LEGALITY OF SALVAGED VEHICLES WHICH ARE THE SUBJECT OF AUCTIONS, THE TRUTH OR ACCURACY OF THEIR LISTINGS, THE ABILITY OR TITLE OF VENDORS TO SELL SALVAGED VEHICLES, OR DEALERS’ INABILITY OR REFUSAL TO PAY FOR THEM. THE VENDOR AND DEALER EACH SEPARATELY HEREBY RELEASE SalvageSpareFinder LIMITED, ITS AGENTS AND EMPLOYEES FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AUCTION, INCLUDING (WITHOUT LIMITATION) ALL CLAIMS AND DEMANDS RELATING TO LISTINGS, DESCRIPTIONS, BIDS, UNCOMPLETED OR COMPLETED TRANSACTIONS, OR SALVAGED VEHICLES OFFERED OR ACTUALLY SOLD THROUGH OR IN CONNECTION WITH ANY AUCTION.
6.6 SalvageSpareFinder LIMITED SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT CAUSED BY MATTERS BEYOND ITS REASONABLE CONTROL.
7 Representations and Warranties of the Vendor.
The Vendor represents and warrants to SalvageSpareFinder Limited that:
(i) if it is a company, it is a company duly incorporated in England and Wales with full power and authority to enter into and perform its obligation under this Agreement and, if he/she is an individual, he/she is at least 18 years old and has the legal capacity to enter into this Agreement;
(ii) the execution and performance of this Agreement by the Vendor (including, without limitation, the offer for sale by the Vendor of Salvaged Vehicles in one or more Auctions) has been duly authorised and is in accordance with all applicable laws and regulations;
(iii) any statements and information in respect of Salvaged Vehicles which are listed by the Vendor on the Site will relate only to the subject matter of the Auction, and not to any other matter;
(iv) neither the sale of the Salvaged Vehicles, the listing of the Salvaged Vehicles on the Site nor any activity undertaken or communication made by the Vendor in connection with any Auction will (a) infringe or be capable of infringing any of the intellectual property or other rights of any person, (b) breach or be capable of breaching any applicable law, whether criminal, tortious or otherwise, or (c) be offensive, defamatory, obscene, pornographic, insulting, false, unreliable or misleading;
(v) in respect of Salvaged Vehicles offered for sale through any Auction, the Vendor has clear and good legal title to the Salvaged Vehicles free from all encumbrances and the Salvaged Vehicles are not the subject of police investigation and that cherished registration plates and outstanding finance markers (if any) have been removed prior to the relevant Auction start date; and
(vi) any duties, taxes, imports or tariffs applicable to any Salvaged Vehicles offered for sale through any Auction have been paid.
8 INDEMNITY
THE VENDOR AGREES TO INDEMNIFY SalvageSpareFinder LIMITED AGAINST ALL LOSSES, CLAIMS, COSTS AND EXPENSES SUFFERED OR INCURRED BY SalvageSpareFinder LIMITED DUE TO ANY BREACH OF THIS AGREEMENT BY THE VENDOR, AND/OR MISREPRESENTATION AND/OR BREACH OF WARRANTY AND IN RESPECT OF ANY CLAIM BY ANY DEALER AGAINST SalvageSpareFinder LIMITED ARISING IN CONNECTION WITH THE SUPPLY OF OR FAILURE TO SUPPLY ANY GOODS OR SALVAGED VEHICLE TO SUCH DEALER UNDER AN AUCTION.
9 Changes to these Terms and Conditions.
SalvageSpareFinder Limited reserves the right to amend this Agreement from time to time, and post the new version on the Site. If SalvageSpareFinder Limited exercises this right, SalvageSpareFinder Limited will place notification of such changes on the SalvageSpareFinder Limited homepage. The new Agreement shall be effective, and will govern all bids made immediately after notification and will also govern all other activity on or through the Services and the various parties' relationship with SalvageSpareFinder Limited. If a person does not wish to be governed by the new version of the Agreement, the person must cease to participate in Auctions and cease to use the Services.
10 General Requirements for Dealers
10.1 Vehicles which have been deemed incapable of economic or safe repair (ABI Category B) shall not be sold
10.2 All other Salvaged Vehicles shall be available for purchase by any Dealers registered as a Dealer to use the Services.
10.3 To register for and use the Services, a person must be approved by SalvageSpareFinder Limited. Any person who has had his dealer license suspended or revoked shall not be authorized (while the license is suspended or revoked) to bid on a vehicle. SalvageSpareFinder Limited may at any time refuse services (including, but not limited to, bidding, buying, and listing) to anyone at anytime.
10.4 Registration. The Dealer undertakes to register for the Services by providing the correct name, address and any other requested details in the course of registration ("Dealer Information"). If any of the Dealer Information entered becomes incorrect or is superseded, then the Dealer must notify SalvageSpareFinder Limited with the corrected information as soon as possible, and, in any event, before concluding a transaction if the Dealer is a successful bidder.
10.5 Compliance. The Dealer undertakes to comply with all applicable laws and regulations from time to time in force including, without limitation, the Environmental Protection Act 1990 and any amendment or re-enactment of the same. The Dealer warrants that it holds a valid waste disposal licence together with a waste carriers licence and any other licences and consents required by law to cover its activities and undertakes to provide certified copies of the same to SalvageSpareFinder Limited within seven (7) days of any written request.
10.6 Dealer Information. The Dealer hereby grants to SalvageSpareFinder Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) in the Dealer Information, in any media now known or not currently known, for the limited purposes of implementing and operating the Site.
11. Salvage Auctions
11.1 Access. The Dealer may not access the Services unless the Dealer is a registered user.
11.2 Passwords. The password used by the Dealer to access the SalvageSpareFinder Limited site must not be passed or revealed to anyone else. The Dealer accepts full responsibility for any damage caused to the Services or to any other Dealer, Vendor or third party as a result of such disclosure.
For the avoidance of doubt, the Dealer must not disclose their password to any third party in order to enable the third party to access the vehicle auctions on the SalvageSpareFinder Limited site.
11.3 Salvaged Vehicles. The Salvaged Vehicles offered for sale on the Site shall each be categorised as either Category C, Category D or Category X. Unless expressly stated otherwise, all Salvaged Vehicles will have been reported to MIAFTR and will show up on vehicle checks.
11.4 A Category B Vehicle is a Salvaged Vehicle which is so structurally damaged or devoid of parts that it is not possible to repair it economically or safely. A Dealer who purchases a Category B Vehicle (a "Category B Dealer") shall be allowed to remove salvageable parts, and shall then be required to dismantle the Category B Vehicle and crush the shell, frame and chassis in accordance with ABI guidelines. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions and, in accordance with insurance industry requirements, must never be resold.
The processing of Category B Salvage must comply with the guidelines displayed in the "Code of Practice for the Disposal of Motor Vehicle Salvage" (ABI Code of Practice) issued by Motor Conference.
11.5 A Category C Vehicle is a Salvaged Vehicle which is damaged to the extent that the retail cost of repair to the vehicle exceeds the retail pre-accident value thereof. Category C Vehicles may be subject to a Vehicle Identity Check (VIC) prior to being returned to the road and as such will not come with a V5. It is for the Dealer to check whether the Salvaged Vehicle requires a VIC and for the Dealer to arrange a VIC if necessary in order to obtain a new V5.
11.6 A Category D Vehicle is a Salvaged Vehicle which is damaged to the extent that the retail cost of repair to the vehicle does not exceed the retail pre-accident value thereof.
11.7 A Category X Vehicle is a vehicle which has been subject to an insurance claim but which has sustained minimal or nil damage or which may have been repaired in accordance with manufacturers specifications, and therefore categorisation as per the Code of Practice for the Disposal of Motor Vehicle Salvage does not apply.
11.8 Indication of Damage and Images. For each Salvaged Vehicle auctioned on the Site, SalvageSpareFinder Limited shall provide an indication of the damage to the Salvaged Vehicle (the "Indication"), and one or more images (the "Images"). The actual condition of a Salvaged Vehicle may vary substantially from the Indication, and the appearance of the Salvaged Vehicle may vary substantially from the Images. The Indication is not intended as an authoritative, completely accurate description of the Salvaged Vehicle, and therefore may not be relied upon by the Dealer as such. The Images are not intended as a completely accurate representation of the appearance of the Salvaged Vehicle, and therefore may not be relied upon by the Dealer as such. Without limitation to any right of intervention in any Salvage Auction expressed elsewhere in this Agreement, SalvageSpareFinder Limited expressly reserves the right to intervene in any Salvage Auction to amend the Indication and/or the Images of any Salvaged Vehicle. Notwithstanding that right, SalvageSpareFinder LIMITED EXPRESSLY EXCLUDES ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS ARISING OUT OF THE INACURACY OF ANY INDICATION OR ANY IMAGES OR IN RESPECT OF ADDITIONAL DAMAGE IDENTIFIED ON DELIVERY/COLLECTION.
11.9 Signwriting on vehicles. SalvageSpareFinder Limited expressly reserves the right to remove or obscure (by whatever means it deems necessary) any signwriting that may be on a vehicle put up for auction, after the auction has concluded but prior to that vehicle being released from the Contractor’s premises.
11.10 Inspection. SalvageSpareFinder Limited may, in its sole discretion, make certain Salvaged Vehicles available for inspection by the Dealer (an "Inspection"). The Dealer is encouraged to conduct an Inspection whenever such Inspection is made available. For the avoidance of doubt, the Dealer does not have a right to an Inspection, and nothing in this Agreement obligates SalvageSpareFinder Limited to provide an Inspection.
11.11 Suspension or Termination of a Dealer’s Account. SalvageSpareFinder Limited reserves to itself the unfettered right at its sole discretion to suspend or terminate an account held by any Dealer in order to prevent that dealer from participating in auctions and without prejudice to the generality of this right may do so when a Dealer is or appears to be in breach of any of the provisions of this Agreement, including, without limitation, by providing false registration details or otherwise misusing the Services. Any person who holds such a suspended or terminated account may not re-register for the Services without SalvageSpareFinder Limited prior written consent.
12 Bidding in Auctions
12.1 Bids. The winning bid in any Auction will be the highest bid which exceeds any reserve and meets any other express conditions of the relevant Salvage Auction ("Winning Bid"). If a bid made by a Dealer is followed by a higher bid by another Dealer that is later removed by SalvageSpareFinder Limited for any reason, SalvageSpareFinder Limited may in its sole discretion decide whether to accept the previous highest unsuccessful bid as the Winning Bid. With this exception, all unsuccessful bids will lapse after closure of the relevant Auction.
12.2 Bids are not retractable. If the Dealer places the Winning Bid, and the Dealer's bid is accepted, then that Dealer (the "Winning Bidder") shall be legally obligated to complete the transaction. A relisting charge of 10% of the final sale price will be decucted from the Dealer's card should the transaction not be completed.
12.3 Without limiting any other remedies, SalvageSpareFinder Limited may suspend or terminate a Dealer account if the Dealer is found (by conviction, settlement, insurance investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site (including but not limited to bid manipulation).
13 Payment
13.1 SalvageSpareFinder Limited shall not make credit terms available to, or otherwise extend credit to Dealers using the Services.
13.2 VAT. The prevailing VAT rate (currently 20%) will be applied to all commercial vehicle sales, and motor car sales that are covered by the VAT Act 1994 Section 4.
13.2.1 The bidder should ensure that are aware of the VAT status of the vehicle they wish to bid on.
13.3 The Winning Bidder shall be required to make confirmed payment in full and collect the vehicle within 7 calendar days (including day of auction closure) of the date of the auction closing (the "Payment and Collection Period"), and in any case before a Salvaged Vehicle will be released from the holding garage (the "Contractor"). All payments are inclusive of VAT (where VAT is applicable). Any winning bidder who does not complete the transaction will be liable for a relisting fee of 10% of the final sale price.
13.4 SalvageSpareFinder Limited reserves the right to cancel the registration and all associated rights of any Winning Bidder who does not make payment in full within the Payment and Collection Period.
13.5 THE WINNING BIDDER IS REQUIRED TO MAKE FULL PAYMENT TO THE SELLER IN RESPECT OF THE SALVAGED VEHICLE THAT HE HAS SUCCESSFULLY BID FOR AND ALL RIGHTS OF THE WINNING BIDDER TO SET OFF (WHETHER BY LEGAL OR EQUITABLE SET OFF OR OTHERWISE) AMOUNTS CLAIMED AGAINST SalvageSpareFinder LIMITED AND/OR DUE FROM SalvageSpareFinder LIMITED AND WHETHER IN RESPECT OF ANOTHER SALVAGED VEHICLE OR OTHERWISE IS EXCLUDED. FOR THE AVOIDANCE OF DOUBT, EACH WINNING BID IS A SEPARATE TRANSACTION.
13.6 Your account with SalvageSpareFinder Limited is solely for your own use. The password restrictions detailed in clause 10.2 above mean that you should be the only person able to make payments on your account.
13.7 Payments received by SalvageSpareFinder Limited will be applied to vehicles in date order, starting with the oldest vehicle purchased for which there is an outstanding payment for the vehicle or any associated costs.
14 Collection of Salvaged Vehicles
14.1 The Dealer must collect the Salvaged Vehicle from the Contractor within 7 calendar days of auction closure. Failure to do so will result in the Dealer being liable for Storage Fees ("Storage Fees") as follows:
Days after Auction Closure
Storage Fees
0-10 days
£0
11-14 days
£12.50 + VAT per day
15 days or more
£20 + VAT per day
The Dealer is required to pay the said storage fees to the Contractor who has stored the Salvaged Vehicle.
14.2 The Dealer must telephone the Contractor's premises 24 hours before collecting the Salvaged Vehicle to confirm that the Salvaged Vehicle is available for collection. Failure to comply with this requirement may lead to the Contractor denying the Dealer access to the Salvaged Vehicle.
For the avoidance of doubt, if a dealer fails to telephone the Contractor 24 hours prior to collection in order to confirm the availability of the Salvaged Vehicle for collection, then no compensation will be made for the journey if on arrival the Salvaged Vehicle is not available for release.
14.3 THE DEALER SHOULD UPON DELIVERY OR COLLECTION OF THE SALVAGED VEHICLE CHECK THE SALVAGED VEHICLE AS THIS IS DEEMED TO BE THE POINT AT WHICH THE DEALER HAS ACCEPTED THE SALVAGED VEHICLE. REFUNDS AND COMPENSATION WILL NOT BE GIVEN UNDER ANY CIRCUMSTANCES ON A SALVAGED VEHICLE AFTER A DEALER HAS ACCEPTED IT. IN ANY EVENT REJECTION CAN ONLY TAKE PLACE WITHIN 7 CALENDAR DAYS OF THE DATE OF THE AUCTION CLOSING ("PAYMENT AND COLLECTION PERIOD").
14.4 The Dealer hereby agrees that it shall use suitable vehicles for the collection of the Salvaged Vehicles, such vehicles to be roadworthy and safe, fit for purpose, generally presentable and comply with all relevant legislation.
14.5 The Contractor may, in its sole discretion, offer to deliver the Salvaged Vehicle to the Dealer. Such arrangement, if made, is strictly an agreement between the Contractor and the Dealer, and in no way involves, includes or obligates SalvageSpareFinder Limited.
14.6 Cherished/Personalised registration numbers do not form part of nor are they included in any sale transaction.
14.7 Where the Salvaged Vehicle has not been picked up 14 days after the auction closure date SalvageSpareFinder Limited reserves the right to retain possession of the Salvaged Vehicle and the Vendor will retain title as detailed in the preceding paragraph. SalvageSpareFinder Limited will retain such part of the purchase cost of the Salvaged Vehicle as necessary to meet the Dealer’s liability for incurred storage fees and SalvageSpareFinder Limited administration costs.
15 EXCLUSION OF WARRANTIES
15.1 ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE SALVAGED VEHICLES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS AS TO FITNESS FOR PURPOSE, DESCRIPTION, AND SATISFACTORY QUALITY). THIS APPLIES TO THE PRE-ACCIDENT CONDITION AND MAINTENANCE OF THE VEHCILE AND THE POST-ACCIDENT CONDITION AND MAINTENANCE OF THE SALVAGED VEHICLES.
15.2 THE DEALER HEREBY ACKNOWLEDGES AND AGREES THAT ANY SALVAGED VEHICLE PURCHASED BY THE DEALER SHALL BE PURCHASED IN THE STATE AND CONDITION IT IS IN AT THE TIME OF PURCHASE WITH ALL FAULTS AND DEFECTS ("AS IS"). THE DEALER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE SALVAGED VEHICLE PURCHASED "AS IS" MAY BE DAMAGED, DEFECTIVE OR OTHERWISE UNMERCHANTABLE AND/OR OF UNSATISFACTORY QUALITY, AND UPON COLLECTION / DELIVERY THE DEALER FULLY ACCEPTS THE VEHICLE IN THIS CONDITION.
16 Dealer's Obligations After the Sale
16.1 The Category B Dealer hereby agrees to comply with the ABI Code of Practice and all other laws and regulations with respect to the removal of useable parts and the destruction of Category B Vehicles, whereby once salvageable parts have been removed the shell, frame and chassis must be crushed. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions and in accordance with the insurance industry requirements that these items must never be resold.
17 LIABILITY
17.1 SalvageSpareFinder LIMITED EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY OF THE FOLLOWING:
(i) ANY CLAIM IN RESPECT OF ANY STOLEN VEHICLES THAT MAY HAVE BEEN OFFERED FOR AUCTION ON THE SITE;
(ii) ANY CLAIM IN RESPECT OF ANY LOSS ARISING FROM A SALVAGED VEHICLE FAILING A VEHICLE IDENTITY CHECK (VIC);
(iii) ANY FAULTY VEHICLES OFFERED FOR AUCTION ON THE SITE;
(iv) ANY MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) MADE IN RESPECT OF ANY SALVAGED VEHICLE OR IN CONNECTION WITH ANY SALVAGE AUCTION OR THE SERVICES;
(v) DAMAGE CAUSED TO THE SERVICES OR AFFECTING ANY SALVAGE AUCTION OR DAMAGING OR OTHERWISE AFFECTING ANY PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE, COMPUTER SYSTEM OR INTELLECTUAL PROPERTY) OF ANY DEALER, USER OR THIRD PARTY WHICH DAMAGE RESULTS FROM ANY IMPROPER OR FRAUDULENT USE OR ELECTRONIC "HACKING" OF THE DEALER SERVICES; AND
(vi) ANY LOSS ARISING FROM USE OF ANY LINK ON THE SERVICES TO ANY OTHER WEBSITE OR PART OF THE INTERNET.
17.2 CONSEQUENTIAL LOSS. SalvageSpareFinder LIMITED SHALL NOT BE LIABLE TO THE DEALER OR ANY THIRD PARTY FOR ANY MONETARY AND/OR ECONOMIC LOSSES AND/OR PROPERTY DAMAGE OF ANY TYPE AND WITHOUT PREJUDICE TO THE GENERALITY OF THIS EXCLUSION WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, INCOME OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE BY SalvageSpareFinder LIMITED, THEIR EMPLOYEES OR THEIR AGENTS OR BREACH OF THIS AGREEMENT OR OTHERWISE), EVEN IF THAT LOSS OR DAMAGE WAS FORESEEABLE BY, OR THE POSSIBILITY OF IT WAS BROUGHT TO THE ATTENTION OF, SalvageSpareFinder LIMITED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL LIMIT SalvageSpareFinder LIMITED'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SalvageSpareFinder LIMITED'S NEGLIGENCE.
17.3 DEALER’S DUTY TO INDEMNIFY. THE DEALER HEREBY AGREES TO INDEMNIFY SalvageSpareFinder LIMITED AGAINST ALL LIABILITIES, CLAIMS AND EXPENSES THAT MAY ARISE FROM ANY BREACH OF THIS AGREEMENT BY THE DEALER.
18 General Requirements for Auto Salvage Classified Advertisements
18.1 All copy offered for publication in the Classifieds area of the site must be legal, decent, honest and truthful and must comply with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and the requirements of current legislation, and is accepted for publication, or not, at SalvageSpareFinder Limited absolute discretion. When deemed necessary all copy may be edited and classified at SalvageSpareFinder Limited discretion. SalvageSpareFinder Limited reserves the right to refuse to display or cancel an advertisement at its sole discretion.
18.2 ALL MATERIAL CONTAINED IN THE CLASSIFIEDS AREA OF THE SITE IS PUBLISHED IN GOOD FAITH, BUT IT IS EMPHASISED THAT SalvageSpareFinder LIMITED DO NOT IN ANY CIRCUMSTANCES ACCEPT RESPONSIBILITY FOR THE ACCURACY OR OTHERWISE OF ANY ADVERTISEMENT OR MESSAGE PUBLISHED WHETHER ONLINE OR OFF-LINE (NOR IS ANY KIND OF WARRANTY EXPRESSED OR IMPLIED BY SUCH PUBLICATION) AND THAT SalvageSpareFinder LIMITED SPECIFICALLY DISCLAIM ALL AND ANY LIABILITY TO ADVERTISERS AND USERS OF ANY KIND OF ANY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER AND HOWEVER ARISING, WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE, AND WHETHER ON THE PART OF SalvageSpareFinder LIMITED, OR THEIR SERVANTS OR AGENTS, OR ANY OTHER PERSON.
18.3 SalvageSpareFinder LIMITED ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CLASSIFIEDS AREA OF THE SITE OR IN ANY OTHER DOCUMENTS OR SITES WHICH MAY BE REFERRED TO OR LINKED TO BY THIS AREA.
18.4 WHILST SalvageSpareFinder LIMITED SHALL SEEK TO PREVENT ANY OBSCENE OR DEFAMATORY ADVERTISEMENTS FROM BEING POSTED ONTO THE SITE, WE ACCEPT NO RESPONSIBILITY FOR ANY OBSCENE, OFFENSIVE, DEFAMATORY OR MISLEADING MESSAGES POSTED ON THE CLASSIFIEDS AREA OF THE SITE.
For the avoidance of any doubt SalvageSpareFinder Limited reserve the right to exclude from the Site any Dealer whom they deem to have posted any obscene, offensive, defamatory or misleading information on the Classifieds area of the Site.
18.5 All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that SalvageSpareFinder Limited has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of SalvageSpareFinder Limited or of any third party.
18.6 THE INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATION PURPOSES. WHILST CARE HAS BEEN TAKEN IN ITS PREPARATION, SalvageSpareFinder LIMITED DOES NOT MAKE ANY WARRANTIES NOR REPRESENTATIONS AS TO ITS ACCURACY OR RELIABILITY. WE NEITHER ACCEPT NOR ASSUME ANY LIABILITY IN RELATION TO THE CONTENTS OF THESE PAGES WHICH SHOULD NOT BE RELIED UPON AS ACCURATE. IN NO EVENT DO WE ACCEPT LIABILITY OF ANY DESCRIPTION INCLUDING LIABILITY FOR NEGLIGENCE FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE VIEWING, USE OR PERFORMANCE OF THIS AREA OF THE WEBSITE OR ITS CONTENTS.
18.7 SalvageSpareFinder Limited will not enter into any correspondence with regards to any transactions that may arise out of the use of the Classifieds area of the Site.
18.8 The pages contained in the Classifieds area of the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. SalvageSpareFinder LIMITED ACCEPT NEITHER RESPONSIBILITY FOR KEEPING THE INFORMATION IN THESE PAGES UP TO DATE NOR LIABILITY FOR ANY FAILURE TO DO SO.
18.9 It is prohibited to post a Classified advertisement which includes a link to any web-site or other area. SalvageSpareFinder Limited reserve the right to exclude from the Site any Dealer who includes such a link in a Classified advertisement.
18.10 All users are advised to check advertisement details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
19 Choice of law and jurisdiction clause
This Agreement is governed by and is to be construed in accordance with the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.
20 Here is our bank information so you can make the payment for the salvage vehicle you have won. If payment is not made within 48hrs then there will be a charge of £20.00 a day + Vat every day that the payment is late. Once payment has been made we can deal with collection or arrange delivery on your behalf, We will not be responsible if any storage costs occur after 7 Days
Payment to be made by Chaps Transfer To:-
Barclays Bank
Account Name: Salvage Spare Finder
Sort code: 20 - 54 - 58
Account: 60245836
Amount: £ Vehicle: Registration :
Ref:
If payment made by cash there will be a charge of £1.00 for every £100.00 deposited. To be added to the above figure. You have seven days to collect the vehicle from the date of purchase. Storage charges will apply after seven days at a variable rate.
© salvagesparefinder.co.uk limited 2007. All rights reserved
Registered Office:
SALVAGE SPARE FINDER LTD OFFICE 8 10 BUCKHURST ROAD BEXHILL-ON-SEA EAST SUSSEX UNITED KINGDOM TN40 1QF Company No. 06376019
