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AutoeBid is a
trading name for Commission It Limited, of 9-11 Gunnery Terrace, Royal Arsenal,
London SE18 6SW. In this agreement the following definitions apply: 'We' or 'Us'
or ‘AutoeBid’ means Commission It Limited t/a AutoeBid. 'Seller' means a person
entering a car into the used car auction, 'Trade Buyer' means the dealer or
other motor industry participant who wins the auction in accordance with the
rules for the used car auction as set out on our website and in these terms and
conditions. ‘User’ or ‘You’ means any person who enters a car into the used car
auction or places a bid on any car in the used car auction.
1.
In Our used car auction offering, We operate as a
venue which allows Users to offer, sell and buy used cars. This means that,
although We host the auction and We are known as an auction site, We are not an
auctioneer. We do not review all listings and we are not involved in any way
in the sale of the vehicles in the used car auction. We are never a party to an
agreement regarding the sale or purchase of a car in the used car auction. As a
result we have no control over the quality, legality or safety of the cars
listed in the auction, the description of the car in the auction listing, or the
ability of the Seller to sell the vehicle. Similarly we have no control over the
ability of the Trade Buyer to pay for a car in the used car auction. Our only
obligation to Users is to seek to host the used car auction service.
2.
Any contract for the purchase of a vehicle will be
between the relevant Trade Buyer and Seller, and AutoeBid is not a party
thereto. This means that there are additional terms and conditions governing
that contract. To view the terms and conditions of sale,
CLICK HERE.
Users should make sure that they read those terms and conditions carefully
before entering a car in the used car auction or bidding on a car in the used
car auction. Because the contract for the purchase of the vehicle is between the
Trade Buyer and the Seller, any queries or concerns relating to the vehicle
should be addressed to the Seller and not to us. Autoebid will of course try to
assist Users with contacting one another.
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We will not be held responsible for any
inaccuracies in the used car auction information appearing on our site,
including the detailed descriptions of the vehicles. Any car may be listed in
the used car auction however the car must be described fully and accurately,
following the AutoeBid Used Car Auction Checklist standard form available on
the AutoeBid site. All sections and boxes in the form must be completed and
any further information should be included in the “comments” box on the form.
It is the Seller’s responsibility to ensure that full and accurate information
is provided, and the Seller must investigate and include full details of any
rights attached to the car including ownership, reservation, seizure, purchase
options or pre-emptive rights and any other factor which may limit the ability
of the Seller to sell the car in a free and unencumbered state. All faults
and modifications to the vehicle must be disclosed in the description of the
car. We are entitled to request further information from a Seller at any time
during the auction process and/or to remove a car from the auction if We
believe that the obligations in this clause are not being met.
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The Seller sets his own Reserve Price for the
vehicle. When a Seller lists a car in the used car auction, he or she is
agreeing to sell the vehicle at the Reserve Price. This is a commitment to
sell to any of our Trade Buyers who agrees to buy at the Reserve Price or
higher. If, through the used car auction process, AutoeBid procures a
Trade Buyer willing to purchase the vehicle at the Reserve Price or higher,
the Seller is obligated to sell the vehicle. When placing a bid on a car in
the used car auction, a Trade Buyer is agreeing to buy the car at the price
stated.
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At the time the auction closes, the agreement
for the purchase of the vehicle becomes binding on the Seller and the Trade
Buyer, and the Seller becomes obligated to supply the vehicle and the Trade
Buyer becomes obligated to pay the purchase price for the vehicle.
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Once an agreement is established via the used
car auction process, the Seller must pay AutoeBid its £150 fee (+ VAT). Once
We have taken payment of Our fee, this fee is totally non-refundable in the
absence of the negligence, fraud or wilful default on the part of an officer
or employee of AutoeBid. The fee is payable whether or not the sale is
actually completed or not.
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Once a car has been entered into the used car
auction, the Seller is bound to supply a car matching that description if the
Reserve Price or higher is reached in the auction. It is not possible to
change the description during the course of the auction. In the event that the
car becomes unavailable during the course of the auction (e.g. due to an
accident involving the vehicle), the Seller should contact AutoeBid
immediately. AutoeBid will then remove the car from the auction by 10 a.m. on
the next working day. If by such time, the Reserve Price has been met, the
Seller shall be liable to pay the winning Trade Buyer money by way of
compensation for costs and inconvenience incurred up to a maximum of £100. In
any event, the £150 (+ VAT) fee payable to AutoeBid is also payable when the
car is removed from the auction.
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Sellers are not permitted to enter cars into
the used car auction on behalf of others. By entering a car into the used car
auction, a Seller is warranting that he is the registered owner of the vehicle
or otherwise has full authority to list the car in the used car auction and to
sell the vehicle. If a Seller is registering as a business entity, he is
warranting that he has authority to bind the entity to these terms and
conditions and to sell the vehicle.
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AutoeBid reserves the right to deny access to
its services to any person without any explanation, or to cancel any User’s
account at any time with immediate effect. Any such User will continue to be
bound by any bids made and any sale contracts entered into at the time of such
cancellation.
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By placing a vehicle in the used car auction or
bidding in the used car auction, You are expressly authorising us to provide
other Users with Your contact information (including email addresses).
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AutoeBid manages the start and close of
auctions and reserves the right to cancel auctions at any time without notice.
Cancelling an auction gives no grounds for any User to have a claim against
AutoeBid under any circumstances.
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We may be liable to a User only if a court
finds that damage suffered by such User has resulted from (1) our negligence,
fraud or wilful default in carrying out our duties as set out above, (2) a
misrepresentation by Us of important information, or (3) a serious breach by
Us of a relevant law. In the absence of any of these, you may not claim
against AutoeBid (or any officer or employee or duly authorised agent of
AutoeBid) to recover any damage suffered in connection with this contract.
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It is intended that these terms and conditions
constitute the entire agreement between Us and You.
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You undertake to Us that personal and contact
details You give Us whilst using Autoebid's services are correct, and in
particular that the credit card or debit card details You are using are Your
own and that there are sufficient funds to cover payment of the fee charged by
AutoeBid.
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Any notice served on You in connection with
this contract may be served personally or be left at the latest address given
by You in Your Registration or Order Form, or may be sent by first class post
to such address. AutoeBid will accept service delivered personally or sent by
first class post at Our registered office. If served by first class post,
notices shall be deemed to have been received 2 days after they are
postmarked.
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These terms and conditions shall be governed by
English law and the parties submit to the non-exclusive jurisdiction of the
courts of England and Wales.
By
placing a car in the used car auction or by bidding on a car in the used car
auction, You are agreeing to these Terms and Conditions.
Privacy
AutoeBid takes the security of its members'
information extremely seriously. We do not sell on your information to any third
parties. For more information on our Privacy Policy
click here.
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to
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