|
Option
2 - Part Exchange Auction - Terms and Conditions
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 option 2 part exchange used car auction, 'Trade Buyer' means the dealer or
other motor industry participant who wins the auction in accordance with the
rules for the option 2 part exchange 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 option 2
part exchange used car auction or places a bid on any car in the option 2 part
exchange used car auction.
1.
In our option 2 part exchange used car auction offering, We operate as a
venue which allows Users to offer and sell 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 option 2 part exchange used car auction. We are never a party to an
agreement regarding the sale or purchase of a car in the option 2 part exchange
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 auction. Our only
obligation to Users is to seek to host the option 2 part exchange 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. Users should make sure that they read those terms and conditions carefully
before entering a car in the option 2 part exchange 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.
2.1
The seller
agrees to sell the vehicle to the
Trade Buyer and to deliver the exact vehicle listed, in the condition described
in the vehicle description.
2.2
Warrants to the Trade Buyer that the
vehicle’s description is correct.
2.3
Complete and accurate information
will be provided and that any defects have been fully disclosed in the vehicle
description.
2.4
Warrants to the Trade Buyer that he
or she is the registered owner of the vehicle or otherwise has full authority
from the registered owner to sell the vehicle.
2.5 Warrants to the Trade Buyer that,
other than as fully disclosed in the vehicle description, at delivery of the
vehicle, no third parties shall have any rights to the vehicle including hire
purchase, ownership reservation, seizure, purchase option, pre-emptive right or
other entitlement which may limit or prevent the sale in a free and unencumbered
state.
2.6 Warrants to the Trade Buyer that,
other than as fully disclosed in the vehicle description, there shall be, at
delivery, no rights registered on the car in the HPI Register.
2.7 Warrants to the Trade Buyer that
from the moment of delivery, the Seller shall have no further responsibilities
or obligations in respect of the vehicle.
2.8 The Trade Buyer agrees to pay the purchase price for
the vehicle upon collection of the
vehicle, and to collect the vehicle from the Seller’s nominated collection point
as stated in the vehicle description.
3.
We will not be held responsible for any
inaccuracies in the auction information appearing on our site,
including the detailed descriptions of the vehicles. Any car may be listed in
the 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.
4.
You
are only committed to go ahead with bids you receive in our option 2 part
exchange auction if they are at or below the maximum cost to change price. If
you achieve a winning bid or decide to accept any bids, we will charge you our fee of
£346.62 (£295+VAT).
5.
At the time the Seller accepts any bids
received, 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.
6.
Once a car has been entered into the
option 2 part
exchange used car auction, the Seller is bound to supply a car matching that description. 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.
7.
Sellers are not permitted to enter cars into
the
option 2 part
exchange used car auction on behalf of others. By entering a car into the
option 2 part
exchange 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 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.
8.
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.
9.
By placing a vehicle in the
option 2 part exchange 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).
10.
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.
11.
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.
12.
It is intended that these terms and conditions
constitute the entire agreement between Us and You.
13.
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.
14.
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.
15.
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
option 2 part
exchange used car auction or by bidding on a car in the
option 2 part exchange 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.
Click here
to
Register now. |
