Tel: 01462 338331info@lmauctions.co.uk

Hertfordshire's Largest Independent Motor Auction

Terms & Conditions

Terms & Conditions 2018-12-21T14:47:43+00:00

WEBSITE TERMS & CONDITIONS OF LETCHWORTH MOTOR AUCTIONS LTD

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING A VEHICLE FOR SALE OR BEFORE BIDDING OR BUYING. YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS. COPIES OF THESE TERMS AND CONDITIONS ARE AVAILABLE FROM LETCHWORTH MOTOR AUCTIONS LTD UPON REQUEST WITHOUT CHARGE.

Letchworth Motor Auctions Ltd
Unit 608, Jubilee Road, Letchworth, Hertfordshire SG6 1NE
Tel: 01462 480499

Email: Info@lmauctions.co.uk

Website: www.letchworthmotorauctions.co.uk

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.letchworthmotorauctions.co.uk whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site. By using our site you indicate that you accept these terms of use and the terms of the documents referred to in them and that you agree to abide by them. If you do not agree to these terms of use or the terms of the documents referred to in them please refrain from using our site.

1. Information About Us

www.letchworthmotorauctions.co.uk is a site operated by Letchworth Motor Auctions Ltd (us). We are registered in England and Wales under company number 07731811 and our registered office address is 35 Grafton Way, London W1T 5DB. Our main trading address is Unit 608, Jubilee Road, Letchworth, Herts. SG6 1NE

2. Accessing Our Site

2.1. Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2. From time to time we may restrict access to some parts of our site or our entire site to users who have not registered with us.

2.3. If you choose or you are provided with a user name & password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us at any time if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4. You warrant that all information you provide when registering to use our site (or when updating your registration details) is true and complete and you shall indemnify us against all liabilities, losses, claims, fees and expenses that may arise out of or in connection with any breach of these terms of use whether made by you or any third party logging into our site using your log in details.

2.5. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site using your user name and password are aware of these terms and that they comply with them. You will be liable for all transactions carried out under your user name and password therefore it is in your interests to keep these safe.

3. Prohibited uses

3.1. You may use our site only for lawful purposes. You may not use our site if:

3.1.1. In any way that breaches any applicable local, national or international law or regulation.

3.1.2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

3.1.3. For the purposes of harming or attempting to harm minors in any way.

3.1.4. To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

3.1.5. To knowingly transmit any data send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.2. You also agree:

3.2.1. Not to reproduce, duplicate copy or resell any part of our site in contravention of the provision of these terms of use.

3.2.2. Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

4. Intellectual Property Rights

4.1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. You may print off one copy and may download extracts of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

4.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

4.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.6. If you print off, copy or download any part of our site in breach of these terms of use your right to use our site will cease immediately and you must at our option return or destroy any copies of the materials you have made.

5. Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. In particular, you acknowledge and confirm we have no liability or obligation whatsoever to you in respect of any representation or statement made by us on our site about the specification, colour or condition (together “details”) of the vehicles listed there. All such details are provided for information purposes only. All vehicles are available for inspection prior to the commencement of the auction and you should satisfy yourself as to the details of the relevant vehicle prior to placing any bids, whether through our online system or otherwise.

6. Our Site Changes Regularly

We aim to update our site regularly and may change the content at any time. If the need arises we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.

7. Our Liability

7.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

7.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it including without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information About You and Your Visits to Our Site

We process information about you in accordance with our Privacy Policy. By using our site you consent to such processing and you warrant that all data provided by you is accurate.

9. Transactions Concluded Through Our Site

All bids you place through our site and all transactions you conclude for the purchase of vehicles through the use of our site are governed by our Online Auction User Terms and Conditions and the General Conditions of Auction (Letchworth) which is conducting the auction.

10. Viruses, Hacking and Other Offences

10.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

10.2. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately.

10.3. We will not be liable for any loss or damage caused by a distributed denial-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

11. Linking to Our Site

11.1. You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2. You must not establish a link from any website that is not owned by you.

11.3. Our site (whether in whole or part) must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the following ‘content standards’:

11.3.1. Contributions on that website must:

(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c)Comply with applicable law in the UK and in any country from which they are posted.

11.3.2. Contributions on that website must not:

(a) Contain material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty pr a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12. Links From Our Site

Where our site contains links to other sites and resources provided by third parties these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. Trade Marks

Letchworth Motor Auctions Live is a trade mark of Letchworth Motor Auctions Ltd.

15. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

16. Your Concerns

If you have any concerns about material which appears on our site please contact info@lmauctions.co.uk.

Letchworth Motor Auctions Ltd – Company No. 07731881

VAT Registration No. 132 6876 03 Registered office: 35 Grafton Way, London W1T 5DB

TERMS AND CONDITIONS OF LETCHWORTH MOTOR AUCTIONS LTD

PLEASE READ THEM CAREFULLY BEFORE ENTERING A VEHICLE FOR SALE, BEFORE BIDDING OR BEFORE BUYING.

THIS IS AN ONLINE AUCTION FOR MOTOR VEHICLES & ALIKE. DO NOT BID UNLESS YOU ARE WILLING TO COMMIT TO PURCHASE. BY BIDDING YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS SET OUT BELOW & THAT YOU WILL MAKE THE PURCHASE UPON THE SUCCESS OF YOUR BID.

THESE TERMS AND CONDITIONS ARE AS IMPORTANT TO YOU AS THEY ARE TO US AND IT IS IMPORTANT TO REALISE THAT YOU BOUND & UNDERSTAND THEM.

IT IS ESPECIALLY IMPORTANT FOR YOU TO KNOW THAT IN MOST CASES WE ACT AS AGENTS FOR THE SELLER WHICH MEANS THAT IF YOU PURCHASE A VEHICLE IN SUCH CIRCUMSTANCES YOU WILL NOT FORM A CONTRACT WITH LETCHWORTH MOTOR AUCTIONS LTD

COPIES OF THESE TERMS AND CONDITIONS ARE AVAILABLE FROM LETCHWORTH MOTOR AUCTIONS LTD UPON REQUEST, WITHOUT CHARGE.

Letchworth Motor Auctions Ltd

Unit 608, Jubilee Road, Letchworth, Hertfordshire SG6 1NE

Tel: 01462 480499

Email: info@lmauctions.co.uk

Website: www.letchworthmotorauctions.co.uk

General

The following terms and conditions together with any such terms, conditions and notices as may be set out in any relevant catalogue or around the Auction Hall apply to all transactions undertaken by Letchworth Motor Auctions Ltd. It is intended that all the terms and conditions between us and you are contained in this document but that may not always be possible. Whilst these are our express terms and conditions, other terms and conditions may supervene or be implied by law.

Where any alteration to these Terms and Conditions are agreed, they are not binding on either party unless accepted by us in writing.

Any concession or latitude given by us in the application of these Terms and Conditions are at our discretion and will not affect the enforceability of any Term or Condition at a subsequent date.

If any Term or Condition or any part of any Term or Condition shall be held to be unenforceable or invalid this shall not affect the enforceability or validity of the remainder or remaining Term or Condition.

We reserve the right to occasionally amend these Terms and Conditions and it is for you to familiarise yourself with any printed alterations. These Terms and Conditions are also subject to change and where they are changed we will give reasonable notice, either on our website, in writing, notices at our premises or by oral announcement made by the Auctioneer prior to or during the auction.

References to the masculine include the feminine and any references to the singular include the plural unless the meaning results in an absurdity.

Headings and numbering are for convenience only and all terms and conditions written herein are intended to be read and understood in their entirety and not in isolation.

Please note that this is a public auction for 2nd hand vehicles and consequently bidders and legislation states that buyers cannot under any circumstances be treated as a consumer. This means that bidders will not have the same rights and protection as a buyer would have if they were consumers purchasing elsewhere. If you wish to receive consumer rights as a potential buyer then please do not bid.

Please also note that if we receive cash of more than £500 from a buyer for any one transaction, there is a 2.0% handling charge (plus VAT) on any amounts OVER that £500. Payment by debit or credit card receives no additional charges or fees due to us from the buyer. We do not accept cheques.

Interpretation
  1. Auction House“, “us“, “our” and “we” means Letchworth Motor Auctions Ltd.
  2. Auctioneer” means the employee, representative or agent of Letchworth Motor Auctions Ltd who conducts the Auction. The expressions Auction House” and Auctioneer” are the interchangeable.
  3. Tariff” means the list of charges, fees and commissions that apply from time to time. Copies of the Tariff are exhibited in the Auction Hall and can be obtained from the Auctioneer’s general office
  4. Auction Premises” means the Auctioneer’s site at Jubilee Road, Letchworth,SG6 1NE
  5. Auction Premises” means the Auctioneer’s site at Jubilee Road, Letchworth,SG6 1NE
  6. Seller” means the party (business or private) entering the Vehicle into the auction and on whose behalf the Vehicle is being sold. Also referred to as “Vendor“.
  7. Buyer” means the person making the highest bid accepted by the Auctioneer either on the fall of the hammer or otherwise.
  8. Reserve Price” means the minimum sale price set by the Seller and notified to the Auctioneer for which the Vehicle may be sold.
  9. Buyer’s fee” means the fee payable by all Buyers for services provided by the Auctioneer. Separate notices are displayed around the Auction Hall detailing the actual amounts and these form part of these Terms and Conditions.
  10. Commission” is the amount that the Auctioneer retains from the proceeds of sale.
  11. Lien” means the right to retain goods as security pending the payment of unpaid monies owing to the Auctioneer.
  12. Vehicle” means any form of motor car, motor cycle or other motorised vehicle or caravan or mechanical or electrical equipment or machinery.
  13. Catalogue” includes advertising, brochure, price list or similar publication.
  14. Hammer Price” is the price in £’s at which a Lot is sold by the Auctioneer.
  15. Purchase price” is the “sold price” plus VAT (if applicable) which is currently at 20% of the hammer price but which may change from time to time.
  16. Lot” is any item or items that is/are intended for sale by auction.
  17. Sold as Seen” means a vehicle which may or may not have defects.
  18. Sold with a trial” means a 1 hour test of the vehicle following collection of it.
Visiting our Premises

Whilst attending our premises you are on private land. We reserve the right to ask you leave at any time. We will not tolerate any abuse to our staff or to other visitors and we may impose sanctions for those who do such as (but not limited to) impose a permanent or temporary ban on visiting our premises and/or suspend any purchasing privileges that you may enjoy.

All vehicles are parked at your own risk and we accept no liability for damages and/or loss to vehicles and/or to any possessions contained therein. Please park considerately. Similarly we accept no liability for losses or damages for property that is brought into the Auctioneer’s Premises by any visitor. We reserve the right to remove any inconsiderately parked vehicle and will not be held liable for any damage we cause unless caused by our negligence and which was foreseeable.

PART A.
CONDITIONS OF THE CONTRACT BETWEEN THE AUCTIONEER AND THE SELLER.
  1. The Auctioneer undertakes, subject to Condition 2 below, to auction the Vehicle entered for sale by the Seller. Any sale will be in accordance with the Conditions of the Contract of Sale set out at Part B below. Whilst the Auctioneer has a contract with the Seller insofar as the services the Auctioneer will provide the Seller, the Auctioneer acts as agent of the Seller in relation to any purchase by a Buyer, whether on the fall of the hammer or otherwise. A contract of sale/purchase will be between the Seller and the Buyer only.
    • (a) A Vehicle is entered for auction when it is brought onto the Auction Premises.
    • (b) The Auctioneer may, at his discretion, reject any Vehicle that has been entered in accordance with (a) above in anyof the following events:
      • (i) The entry fee specified in the Tariff is not paid in full before the auction.
      • (ii) Where a Vehicle is to be sold with the benefit of an M.O.T. Certificate, and the Seller fails to deliver a current and valid Certificate to the Auctioneer before the auction.
      • (iii) The Seller fails to deliver the Vehicle’s Registration Document (Form V5C) and/or other proper document of ownership to the Auctioneer before the auction and/or proper written authority to sell the Vehicle on behalf of another.
      • (iv) The Seller fails to deliver the Vehicle’s key or keys to the Auctioneer before the auction.
      • (v) The Seller fails fully to complete and sign the Auctioneer’s appropriate entry form and to deliver it to the Auctioneer before the auction.
      • (vi) Where the Vehicle is subject to a hire purchase, conditional sale or other finance interest, and the Seller fails to pay to the Auctioneer the sums referred to in Paragraph 4 below before the auction.
    • (c) Where a vehicle is rejected from the auction under (b) above, the rejection shall be deemed to be a withdrawal by the Seller, who will be liable to pay a charge to the Auctioneer under Paragraph 3 below.
    • (d) Unless stated otherwise by the Seller in writing, the Seller supplies a Vehicle that may lawfully by used on a highway and that it complies with all statutory provisions.
    • (e) The Auctioneer reserves the absolute right to refuse any Vehicle for sale at his discretion.
  2. A Seller may only withdraw a Vehicle, once entered for auction, on payment to the Auctioneer of the full commission calculated on the Reserve Price or, where none is set, the minimum commission set out in the Tariff under “unsold vehicle fee”.
  3. Where a Vehicle entered for auction is subject to a hire purchase, conditional sale or comes with any other finance arrangement where a third party has a vested interest in the Vehicle (including but not limited to a “Log Book Loan”), the Seller shall, immediately on entering the Vehicle for auction, pay to the Auctioneer
    • (a) a negotiating fee equal to the compensation fund fee referred to in Part C, Paragraph 4 below and
    • (b) an amount sufficient to discharge all finance outstanding on the Vehicle as confirmed in writing by the finance provider or providers (or the aforementioned third party) to be the appropriate settlement sums. The effect of which has to result in the Buyer being given full title in the Vehicle without any encumbrances or third party claims thereon.
  4. A Vehicle which is not sold will, unless it is removed beforehand )and the unsold fee has been paid) be entered in the Auctioneer’s next auction sale and a further entry fee – as specified in the Tariff – will be payable by the Seller. This applies to a maximum of three auctions.
  5. Where the Auctioneer fails to sell a Vehicle at auction because no bid reaches the Reserve Price, the Auctioneer may make a provisional contract on behalf of the Seller with the person who made the highest bid or with any other person who makes a similar offer, subject to Part B Paragraph 4 below.
  6. Where a contract for the sale of a Vehicle is rescinded or revoked as a result of the Buyer failing to make payment in accordance with Part B Paragraph 5 below, the Auctioneer shall have a Lien on the Vehicle the subject of the contract, pending the full payment by the Seller to the Auctioneer of any sums due from the Seller including any part of the purchase price for the Vehicle already paid to the Seller by the Auctioneer.
  7. On any sale of a Vehicle negotiated or agreed on the Auction Premises, Commission shall be payable by the Seller to the Auctioneer on the sale in accordance with the Tariff.
  8. Where any person is lawfully in possession of the Vehicle under these conditions, the Seller undertakes that he will at no time disturb or interfere with such possession or allow another to disturb or interfere with such possession, insofar as the Seller can reasonably control.
  9. The Auctioneer shall not be liable for any loss or damage to any vehicle (of contents therein or thereon) on the Auction Premises where the Auctioneer, its servants, employees or agents are not at fault and which was not reasonably foreseeable when the vehicle was brought onto the Auction Premises. Insuring the Vehicle is the responsibility of the Seller until such time as ownership of the Vehicle transfers to the Buyer.
  10. The Seller or his agent shall pay the Auctioneer a storage fee for each day or part of a day that the vehicle is left on site after a period of 48 hours has elapsed. The start of the 48 hour period commences at 00:01 hours the day following the auction in which the vehicle was bought and the charges and rates for these storage charges are as stated in and around the auction hall as well as on the buyers’ and sellers’ fee lists displayed in the auction hall”.
  11. Where a contract of sale is rescinded by the Buyer in accordance with Part B Paragraph 6 below, the Seller shall nevertheless be liable to pay the Auctioneer the commission that would otherwise have been payable in accordance with the Tariff had the contract not been so rescinded.
  12. When remitting sale proceeds, the Auctioneer shall operate a self-billing system and any VAT registered Seller, by entering a Vehicle for sale, shall accept this system and agree not to issue tax invoices in respect of transactions covered by this system.
  13. The Seller shall be liable to ensure that the entry form is completed accurately and fully. In the event of a sale being rescinded or damages being claimed by reason of the information thereon being inaccurate or incomplete, then the Seller shall remain liable to the Auctioneer for commission on the sale notwithstanding that the sale has been rescinded or damages claimed.
  14. The Seller has an ongoing obligation to notify the Auctioneer (before the lot is auctioned) of any errors or omissions in the description of the Lot as soon as possible after the Seller becomes aware of any errors or omissions or as soon as possible after the Seller ought to have been aware of any errors or omissions.
  15. Where possible we will seek to resolve any dispute between Buyer and Seller but we may need to forward details of that dispute to the Seller with a view to their seeking to resolve that dispute directly with the Buyer. For the avoidance of doubt, we are obliged to disclose the identity of the Seller upon reasonable written request.
  16. The Seller shall compensate the Auctioneer and/or the Buyer in relation to any losses and expenses incurred by the Auctioneer and/or the Buyer for any breaches of the Sellers’ obligations and/or for any breaches of contract/misrepresentations by the Seller.
  17. If the Seller wishes to sell the Vehicle but wishes to retain the right to the registration number of the Vehicle then it is the responsibility of the Seller to notify us in writing in advance.
  18. It is the responsibility of the Seller to arrange for the Vehicle to be allocated another registration number should the Seller wish to retain its current registration number.
  19. The Seller is not permitted the sell the Vehicle with Road Tax and it is for the Seller to arrange for any unused Road Tax to be reimbursed directly from the DVLA.
  20. The Seller permits us to photograph any Lot and use it free of Copyright (and ownership and Copyright to vest in us) for the purposes of advertising the Lot or any Vehicle contained in that Lot and for any other purpose reasonably expected from our role as an Auction House.
PART B.
CONDITIONS OF THE CONTRACT OF SALE BETWEEN THE SELLER AND THE BUYER

Unless stated otherwise the Seller of the Lot or Vehicle is doing so in the course of a trade or business and not by Private Treaty

Unless stated otherwise the Seller is NOT Letchworth Motor Auctions Ltd and the buyer will enter into a contract with the Seller. Letchworth Motor Auctions Ltd will be acting as agent of the Seller ONLY

Bidders and Buyers are deemed to be acting as a principal unless we are notified in advance of the Auction that the bidder acts as an agent on behalf of a named principal and that name is given to us and accepted by us.

  1. The entry form completed by the Seller on entering a Vehicle for sale by the Auctioneer is the basis of the contract of sale and purchase between the Seller and the Buyer. The Seller agrees and guarantees that the information contained in the entry form is true and accurate. There is an ongoing obligation that the Seller informs the Auctioneer (as his agent) of any alteration to the information in the entry form prior to the Vehicle being offered for sale. This will be announced by the Auctioneer and will be binding on both the Seller and the Buyer.
  2. All auctions are carried on subject to the right of the Seller, whether by himself his, employees, servants or agents or to employ any person to bid at the sale, to bid for the Seller’s Vehicle, subject to the Seller being liable for the due commission on sale on any bid at or above the Reserve Price.
    • (a) At the fall of the hammer a contract is made between the Seller and the Buyer and the Vehicle is then at the Buyer’s risk (subject to the Auctioneer’s responsibilities referred to in Part A Paragraph 10 above).
    • (b) On the making of a contract, the Buyer (or if the winning bidder is an Agent of the Buyer) shall immediately give the Buyer’s name and address to the Auctioneer conducting the auction on the rostrum, together with a contract deposit in the sum specified in the Tariff.
  3. Where a Vehicle is to be sold subject to a Reserve Price stated on the entry form and the bidding for that Vehicle does not reach its Reserve Price, the Auctioneer may make a provisional contract (on behalf of the Seller) with the person who made the highest bid or with any other person who makes a similar offer – such contract being conditional upon the Seller agreeing it.
    • (a) In this clause the word “pay” shall mean handing to the Auctioneer cash or, if the Auctioneer so requires, debit card or credit card or any other method of payment agreed by the Auctioneer, and the word “payment” shall be construed accordingly. It is an essential condition of the contract that payment must be made at the time stipulated. By reason of the EU Money Laundering Directive of 2001, the Auctioneer can under no circumstances accept cash payments or linked cash payments totaling more than €15,000 (or such other sum as maybe specified in the Directive, or any amending directive or legislation from time to time). Please note that a 2.0% plus VAT cash handling charge applies to any transaction where the buyer gives the Auctioneer any amount over £500. The cash handling charge only applies to that amount which is over £500 and not the first £500.
    • (b) The Buyer shall pay the full price for the Vehicle to the Auctioneer within 48 hours of the auction concluding including the Buyers’ Fee, otherwise storage and late payment charges will be enforced.
    • (c) The Auctioneer as agent of the Seller reserves the right not to allow any Vehicle to be removed from the Auction Premises by the Buyer until full payment has been made by the Buyer. Where a Buyer has bought more than one Vehicle, the Auctioneer reserves the right not to allow any of the Vehicles so bought to be removed until full payment has been made for all the Vehicles so bought.
    • (d) Whether or not the Auctioneer has exercised its rights under (c) above, until the Buyer has paid in full for the Vehicle or Vehicles bought by him and:
      • (i) The Vehicle or Vehicles shall remain the property of the Seller, and (subject to the Auctioneer’s responsibilities referred to in Part A Paragraph 10 above, and save where the loss or damage is the fault of the Seller, his servants or his agents, the Buyer will pay for any loss or damage caused to the Vehicle or Vehicles. Risk in the goods passes when the hammer falls but ownership passes upon full payment by (or on behalf of) the Buyer.
      • (ii) Irrespective of any other remedies which the Seller may have against the Buyer, the Seller shall be entitled to require the Buyer to deliver the vehicle up to him.
      • (iii) The Buyer may agree to sell after the auction any Vehicle or Vehicles he has agreed to buy, prior to paying the Seller for the Vehicle(s) in part or in full. However, any such subsequent sale shall be deemed to be made by the Buyer on the Seller’s behalf (but without imposing any liability on the Seller to that subsequent buyer) and the Buyer shall retain all proceeds of such subsequent sale on the Seller’s behalf until such time as thesubsequent Buyer has paid for the Vehicle(s) in full.
    • (e) Failure to make due payment to the Auctioneer under (b) above by or on behalf of a Buyer shall cause the contract deposit referred to in paragraph 3(b) above (if any) to be forfeited and the contract shall be considered breached by the Buyer against the Seller and the contract of sale not then binding on the Seller; additionally, if the Vehicle is re-sold, the defaulting Buyer shall be liable to pay the Auctioneer firstly the charges involved in the re-sale, and secondly the amount if any by which the sale price obtained for the Vehicle on re-sale is lower than the price agreed to be paid by the defaulting Buyer.
    • (a)
      • (i) Prior to bidding and making a contract to buy a Vehicle, the Buyer shall satisfy himself as to the condition of the Vehicle.
      • (ii) Subject to Paragraph 7 below, all conditions warranties or representations (about the quality or fitness for purpose of the Vehicle) expressed by the Seller (or by us as agent of the Seller) or implied by statute, common law or otherwise are excluded to the fullest extent possible by law and the Buyer shall have no claim to terminate the contract or to recover damages in respect of any defect.
    • (b) Subject to (a) above, the Buyer shall have the right to rescind the contract of sale where:
      • (i) the Vehicle has been materially misrepresented on the entry form as to its age or the Vehicle has been materially mis-described on the entry form, or:
      • (ii) the “mileage as per the odometer” having been warranted on the entry form, evidence is obtained and produced to the Auctioneer or Seller, which shows that the Vehicle’s true mileage materially exceeds the mileage shown on the odometer and the entry form. For the purposes of this sub-paragraph, there is no right to rescind the contract where the mileage has not been warranted, even when a service history, MOT or any other documentary evidence is produced which shows that the true mileage exceeds that shown on the odometer and the entry form; or
      • (iv) the condition implied by Section 17 of the Consumer Rights Act 2015 (as amended) – which provides that a seller must have the right to sell at the time when ownership is going to pass to a buyer – has been breached; or
      • (v) the Vehicle has been recorded as a total loss but NOT if the vehicle has previously been recorded as a “Category C” or “Category D” insurance loss; or
      • (vi) if the vehicle is “Sold With a Trial” – in which case the buyer may have the right to rescind the contract if, within one hour of the Vehicle leaving the site of Letchworth Auctions Ltd, the buyer notifies us of a mechanical fault within the brakes, engine or gearbox only. Any mechanical faults not reported to us within one hour will not be considered. Allegations of a defect may need investigating by an independent garage which we will appoint on behalf of the seller. Refunds and the cost of that investigation will be determined by us following that investigation.
    • (c) The terms implied by Section 9 & 10 of the Consumer Rights Act 2015 (as amended) – which provide that goods sold by a seller acting in the course of a business must be of a satisfactory quality and reasonably fit for the purpose– shall be excluded from the contract of sale as the Buyer is also acting in the course of trade or business.
    • (d) A Buyer must as soon as reasonably possible check to the best of his ability for any alleged issues which could give rise to a claim for rescission under Paragraph (b) above, and must return the Vehicle in question to the Auctioneer at the Auction Premises as soon as practically possible after discovering the matter complained of and in any event within a reasonable time after the sale (or within one hour of the vehicle leaving our premises if Clause (b)(vi) above applies), to enable the Auctioneer to investigate the complaint and determine the validity thereof. The Auctioneer will consider the complaint and make a decision thereon but may have to consult with the Seller or an independent garage before making a determination. If the Buyer or Seller are not satisfied with the decision, then he or they must take the matter up with the other party to the sale/purchase and there shall be no liability on the Auctioneer arising from its decision.
    • (e) Save for the above, a Vehicle which is “sold as seen” is sold with any defects it may have; no guarantees as to the mechanical condition of such Vehicle (whether express or implied by law) are given. No refunds will be given for any vehicle that is auctioned as “sold as seen”.
  4. Where a Vehicle is sold in a non-roadworthy condition within the meaning of Section 75 of the Road Traffic Act 1988 (as amended by Section 16 and Schedule 8 of the Road Traffic Act 1991 or subsequent legislation), the Buyer undertakes not to use such Vehicle on any road to which the public has access until such Vehicle has been put into a roadworthy condition as defined. The Seller and Auction House do not permit Vehicles to be driven on a public highway in a non-roadworthy condition.
  5. The Vehicle cannot by law, be sold with existing Road Tax on it and any purchase thereof is at the expense of the Buyer and is wholly separate to the auction purchase of the Vehicle or Lot.
  6. From time to time we may sell Vehicles in the course of our business that belong to us and not on behalf of another Seller and in doing we are the Seller and the contract of sale is between us and the Buyer. Please refer to Part C below.
PART C.
TERMS AS BETWEEN THE AUCTIONEER AND THE BUYER.

Unless stated otherwise the Seller of the Lot or Vehicle is doing so in the course of a trade or business and not by Private Treaty

Unless stated otherwise the Seller is NOT Letchworth Motor Auctions Ltd and the buyer will enter into a contract with the Seller. Letchworth Motor Auctions Ltd will be acting as agent of the Seller ONLY

Bidders and Buyers are deemed to be acting as a principal unless we are notified in advance of the Auction that the bidder acts as an agent on behalf of a named principal and that name is given to us and accepted.

    • (a) The Auctioneer may at his discretion refuse to accept a bid which is less than the Reserve Price.
    • (b) In the event of a dispute arising in respect of any bidding, the Auctioneer shall be at liberty to put the Vehicle up for sale again at the last undisputed bidding or withdraw the vehicle from the current auction.
  1. The Auctioneer knows of no defect in the Seller’s legal ownership of the Vehicle, except as specified by the Seller on the entry form of sale and repeated by us. If we are the Seller of the Vehicle in our own right and not as an agent for the actual Seller then we will sell the Vehicle with good title in the Vehicle.
  2. On the making of the contract of sale, the Buyer shall pay to the Auctioneer a Buyer’s fee for each Vehicle bought, as specified in the Tariff.
  3. Without prejudice to the Buyer’s or Auctioneer’s right to pursue all remedies available in law against the Seller for such defect in title, the Auctioneer will compensate the Buyer of a Vehicle where there is a defect in the legal ownership of the Vehicle, in the manner set out below:
    • (a) For the purposes of this paragraph, legal ownership of a Vehicle shall be defective if the Seller did not have the right (whether knowingly or not) to transfer the full legal ownership of the Vehicle free of all Liens, claims, set offs, third party rights or encumbrances.
    • (b)
      • (i) The Buyer having paid the Buyer’s fee specified in the Tariff, the Auctioneer will compensate the Buyer for any loss caused to him by reason of the legal ownership of the Vehicle being found to be defective and notified to the Auctioneer during the period of one year following the date of the contract of sale and otherwise subject to the terms set out below.
      • (ii) The maximum liability of the Auctioneer to a Buyer in the event of a claim shall not exceed the price paid by the Buyer for the vehicle or (if the claim is made more than three months after the sale) the lower of the purchase price or the value of the Vehicle. The value of the Vehicle shall for this purpose be the trade value according to CAP Black Book of current market prices for the month in which the claim is made. The maximum liability the Seller has against the Auctioneer or against the Seller directly is set out in Part A, Clause 17 above.
      • (iii) Unless the Auctioneer agrees otherwise in writing, any claim made by the Buyer shall be invalid (and the Auctioneer shall have no liability there under) if the Buyer fails to notify the Auctioneer –
        • (1) by the second weekday following the day of sale of the vehicle in question:
          • – any difference between the chassis number of the Vehicle and that in the V5C supplied to the Buyer (or deemed to be supplied), and;
          • – any evidence that the chassis number has been altered or removed and in this respect the Buyer shall be on notice and shall be deemed (whether the Buyer has or not) to have inspected the Vehicle and chassis and;
          • – the chassis number on or immediately after the sale;
          • – and any other evidence which indicates a defect in the Seller’s legal ownership of the Vehicle.
        • (2) or within three days of receipt of any notice (or of otherwise obtaining any knowledge) of any claim against the Buyer actually made or anticipated to be made in respect of which the Buyer claims or intends to claim compensation hereunder from the Auctioneer.
        • (3) It is a term of this compensation scheme that the Buyer shall, as soon as practicable after the receipt or intimation of any notice, forward such notice or intimation to the Auctioneer and shall at the same time give to the Auctioneer (in writing) full and sufficient information as to any verbal notice of any such claim against the Buyer and all such information evidence or the circumstances surrounding such claim as the Auctioneer shall require.
    • (c) The liability of the Auctioneer hereunder shall be limited to the direct pecuniary loss of the Vehicle arising from any defect in the Seller’s legal ownership of the Vehicle, and not further or otherwise. Without prejudice to this, the Auctioneer shall not be liable for any consequential loss or damage to the Buyer (whether directly or indirectly) arising in any way whatsoever.
    • (d) The Auctioneer shall be entitled in its sole discretion at any time after a claim has been made to require the Buyer, upon payment to the Buyer of the sum specified in paragraph (b) (ii) above, to assign to the Auctioneer all rights in the Vehicle and against the Seller, and such payment to the Buyer by the Auctioneer shall be in full and final settlement of all liability to the Buyer hereunder, provided that if the Auctioneer shall have paid any sum or sums to any person other than the Buyer in respect of any claim hereunder the Auctioneer shall be entitled to take credit for the money so paid and shall reduce the amount payable to the Buyer.
  4. The Auctioneer undertakes to give possession of the Vehicle to the Buyer as soon as full payment has been made to the Auctioneer, and further undertakes that such possession will not be interfered with by the Auctioneer or by the Seller.
    • (a) The Auctioneer is not a party to the contract of sale between the Seller and the Buyer (unless we are selling the vehicle in our own right and not as agent for the actual Seller) and we make no assurances guarantees or representations save as set out above.
    • (b) For the avoidance of doubt, where the Auctioneer is not a party to the contract of sale, they shall not be liable for any breach of term or condition, express or implied, as to the condition, quality or fitness of any Vehicle sold on the Auction Premises.
    • (c) In circumstances where representations are made by the Auctioneer in respect of a Vehicle (including representations as to the odometer reading) on behalf of the Seller based on information given by the Seller, the Auctioneer makes such representations in good faith, but without verifying the information so given and without incurring personal liability or liability against the Auction House and THEREFORE the buyer should note whether the odometer reading as disclosed on the entry form or notified to the Auctioneer by the Seller is warranted by the Seller or not.
    • (d) Where we are selling the Vehicle or a Lot in our own right then the Clauses in Part B above – from Clause 2 onwards – will additionally apply as well as the Clauses below and throughout these Terms and Conditions.
  5. The Auctioneer shall not be liable for any loss or damage to any vehicle on the Auction Premises where the Auctioneer, its servants or agents are not at fault or which was not reasonably foreseeable when the vehicle was brought onto the AuctionPremises. Risk in the Lot or Vehicle passes to the Buyer upon the fall of the hammer but title in the lot or Vehicle only passes when full payment is madeto the Auctioneer in accordance with Part B above, Clause 5.
  6. The Buyer shall pay to the Auctioneer for each day or part thereof that the Buyer’s vehicle is left on the Auction premises subsequent to the sale, the garaging charge specified in the Tariff and the Buyer is at all times responsible for removing the Lot or Vehicle at his own expense.
  7. Unless the Buyer notifies the Auctioneer otherwise prior to purchase, the Buyer shall be deemed to be a trade buyer and will only receive the vehicle’s Form V5C (assuming the Seller has provided the same) for completion by him as necessary, with Section 9 having been removed. If he has notified the Auctioneer that he is a private buyer, he will receive Section 10 of the vehicle’s Form V5C (assuming the Seller has provided the Form V5C) and the Auctioneer will complete the remainder of the form as agent for the Buyer on the basis of the information supplied by the buyer.

Letchworth Motor Auctions Ltd – Company No. 07731811
VAT Registration No. 132 6876 03 Registered office: 31 Grafton Way, London W1T 5DB

CASH IT AUCTION VALUE TERMS & CONDITIONS

1. About Us
  • www.guaranteedauctionvalue.co.uk, www.dontscrapitcashit.co.uk, www.dontscrapitcashit.com, www.cashitlma.co.uk & www.cashitlma.com are websites operated by Letchworth Motor Auctions Ltd (we or us). We are a company registered in England and Wales under company number 07731811 and our registered office is at 35 Grafton Way, London, W1T 5DB.
2. Assumptions
    • We will make the following assumptions about your vehicle:
      • Has a valid MOT.
      • Is not an import or been re-registered.
      • Has never been subject to an insurance write off or used for private hire, rental, and driving tuition or as a police vehicle.
      • Hasn’t a personalised registration plate or subject to a cherish transfer.
      • No damage, including interior and not in need of mechanical attention.
      • Is not a non-runner.
      • Has two sets of keys.
      • You have the following documents:- Current V5 and valid MOT certificate.
General fair wear and tear:
    • The assumptions we have made with the information given to us by you, the seller, assume that your car is in average condition for its age and mileage. We are assuming that there are no major mechanical faults. Damage added by you should be considered above and beyond fair wear and tear.
Pre-Purchase Visual Inspection:
    • We carry out a visual inspection of a vehicle before we confirm an offer to purchase it. If we consider that its value is affected by any aspect of its history or condition, including any non factory feature which was not apparent to us when we gave the online quotation, the price that we offer may differ from the online quotation.
Our guarantee:
    • We guarantee to buy every car we value up to the value of £10,000.00. However, if there is a change in the market value of your car resulting in a reduced valuation, then we endeavour to let you know what the new valuation is before your appointment, so that you have the opportunity to cancel if you choose to do so.
Payment Options:
    • Our standard BACS payment terms takes up to 3 working days after the day of purchase to arrive in your bank account.
Cookies:
  • When you visit www.guaranteedauctionvalue.co.uk, www.dontscrapitcashit.co.uk, www.dontscrapitcashit.com, www.cashitlma.co.uk or www.cashitlma.com we collect standard internet log information and details of visitor behaviour patterns through the use of cookies. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We will not associate any data gathered from this site with any personally identifying information from any source. To understand more about which cookies we use, please visit our privacy statement. This page tells you the terms and conditions on which we may purchase a vehicle from you. Please read the conditions carefully before requesting any appointment with us to sell a vehicle. You should understand that by requesting an appointment with us to sell a vehicle, you agree to be bound by the conditions should you wish to sell the vehicle to us and we agree to buy the vehicle.
3. Online Quotations
  • 3.1. Any quotation given through our site or by e-mail (online valuation) is a valuation based upon what you tell us about the vehicle and may not be a price at which we are willing to buy the vehicle.
  • 3.2. We will always carry out a visual inspection of a vehicle before we complete the transaction. After you have received an online valuation, you may book an appointment for us to carry out an inspection.
  • 3.3. If we consider that the value of a vehicle is affected by any aspect of its history or condition, including any unusual feature or customisation, which was not apparent to us when we gave the online valuation, the price that we offer for it following an onsite inspection may differ from the online valuation quoted.
4. Purchase Agreement
  • 4.1. Once we have carried out an inspection of a vehicle, we will offer to buy the vehicle for a price.
  • 4.2. Any offer to buy the vehicle may only be accepted by you, and a contract will only be made between us, if and when you sign our standard written purchase invoice contract at the appointment. The contract will be subject to these terms and conditions and will not contain any other standard terms or conditions.
  • 4.3. When a contract is made you will be expected to hand us:
    • All of the vehicles keys.
    • Vehicle registration document must be registered in the sellers name and current address.
    • Vehicle service history.
    • Vehicle MOT certificate.
    • Vehicle user manuals.
    • Any accessories there may be such as a locking wheel nut, radio fascia, remote controls and headsets.
    • And to remove any personal possessions from the vehicle.
  • 4.4. In the event that you fail to comply with 4.3 above, we reserve the right to withdraw any offer to buy the vehicle with immediate effect and/or to rescind any contract with immediate effect.
5. Price & Payment
  • 5.1. Once you have handed over the vehicle in accordance with 4.3 above, we will pay you the price for the vehicle quoted after the inspection, less the amount of any transaction fee, by electronic transfer to your bank account.
  • 5.2. The minimum valuation is £0.
  • 5.3. Our standard BACS payment terms takes up to 3 working days after the day of sale to arrive in your bank account.
  • 5.4. It is possible that events beyond our control may delay payment and if that happens we will not have any liability to you for the delay.
6. Your Representations
  • 6.1. If we purchase a vehicle from you, we will be relying upon from the information provided and your representation that:
    • You are legally capable of entering into a binding contract to sell the vehicle.
    • You are at least 18 years old
    • To the best of your knowledge, information and belief:
      • You are the sole owner of the vehicle;
      • Other than in respect of any finance outstanding on the vehicle which you have disclosed to us, no person has any claim to the vehicle;
      • The mileage reading on the vehicle is true and accurate and the odometer has not been tampered with unless stated at the time of the valuation:
      • You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any material, mechanical problems or damage).
      • All information supplied by you in respect of the vehicle (whether in obtaining an on-line valuation, at any appointment or otherwise) is true and accurate in all respects.
      • The vehicle is registered in the UK unless stated at valuation.
    • You are not (nor are you acting on behalf of anyone who is) selling the vehicle in the general course of business.
    • We will require proof of identification ie: current driving license or passport plus a bank statement or current utility bill.
  • 6.2. In the event that we discover at any time that any of the above representations are or are likely to be inaccurate, untrue or false then we reserve the right at our sole discretion to:
    • Request any documentation or information we deem necessary to determine whether the above representations are untrue or false.
    • Withdraw any offer to buy the vehicle with immediate effect.
    • To rescind any contract with immediate effect and/or where appropriate seek damages from you.
7. Cars subject to financial interest
  • 7.1. We may agree to purchase the vehicle even though it is the subject of a financial agreement between you and a third party (Finance Agreement), provided that we receive a written statement of the amount required to settle the outstanding finance agreement in full from the third party.
  • 7.2. We will only pay to a third party such sum as we agree with you in formal writing. We will make such payment as soon as is reasonably practicable after we enter into the contract and following receipt of any sum due from you under condition 7.3(b) below.
  • 7.3. If the price is:
    • 7.3.1. Higher than the settlement figure required to fully settle any sum outstanding under any finance agreement we will pay you the difference or
    • 7.3.2. Lower than the settlement figure required to fully settle any sum outstanding under any finance agreement you must pay us the difference.
    • 7.3.3. If you are liable for the difference then we will settle upon receiving cleared funds of the difference.
8. Our liability
  • 8.1. Subject to condition 8.3, we will not be responsible or liable to you for any loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings. However, this condition 8.1 shall not prevent claims for loss of or damage to your physical property which is caused by our negligence.
  • 8.2. Subject to condition 8.3, our maximum aggregate liability to you under or in connection with any contract with you shall not exceed the value of the vehicle.
  • 8.3. We do not exclude or limit in any way our liability for:
    • Death or personal injury which we cause or
    • Fraud or fraudulent misrepresentation.
9. Law & Juristiction
  • 9.1. Each contract will be governed by English law and any dispute or claim arising out of or in connection with it shall be subject to the jurisdiction of the courts of England and Wales unless the appointment takes place in Scotland, in which case it will be governed by Scots law and any dispute or claim arising out of or in connection with it shall be subject to the jurisdiction of the courts of Scotland.
10. Use of your information
  • 10.1. We use and record the information you give us for any online valuation and/or in entering into a contract for the purpose of making payment to you and in case we need to address any complaint in accordance with the terms of our Privacy Policy. Please note your details remain secure, confidential and will not be forwarded to any 3rd party.
11. Permitted Use
  • 11.1. You are only permitted to access and use our website for your personal, non-commercial purposes, meaning this website may only be accessed and used directly by a private individual. Access to and use of this website other than for your personal, non-commercial purposes is strictly prohibited.
  • 11.2. You are not permitted to use this website and our affiliate sites:
    • 11.2.1. In any unlawful, fraudulent or commercial manner.
    • 11.2.2. To create, check, confirm, update, modify or amend your own or another person’s databases, records or directories.
    • 11.2.3. Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system.
  • 11.3. You may operate a link to this website and our affiliate sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it as determined by us. You must not operate a link to this website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this website at any time and we may withdraw any linking permission at any time.

1. ABOUT US

1.1 www.guaranteedauctionvalue.co.uk, www.dontscrapitcashit.co.uk, www.dontscrapitcashit.com, www.cashitlma.co.uk & www.cashitlma.com are websites operated by Letchworth Motor Auctions Ltd (we or us). We are a company registered in England and Wales under company number 07731811 and our registered office is at 35 Grafton Way, London, W1T 5DB.

2. ASSUMPTIONS

We will make the following assumptions about your vehicle:

  • Has a valid MOT.
  • Is not an import or been re-registered.
  • Has never been subject to an insurance write off or used for private hire, rental, and driving tuition or as a police vehicle.
  • Hasn’t a personalised registration plate or subject to a cherish transfer.
  • No damage, including interior and not in need of mechanical attention.
  • Is not a non-runner.
  • Has two sets of keys.
  • You have the following documents:- Current V5 and valid MOT certificate.

General fair wear and tear:

The assumptions we have made with the information given to us by you, the seller, assume that your car is in average condition for its age and mileage. We are assuming that there are no major mechanical faults. Damage added by you should be considered above and beyond fair wear and tear.

Pre-Purchase Visual Inspection:

We carry out an visual inspection of a vehicle before we confirm an offer to purchase it. If we consider that its value is affected by any aspect of its history or condition, including any non factory feature which was not apparent to us when we gave the online quotation, the price that we offer may differ from the online quotation.

Our guarantee:

We guarantee to buy every car we value up to the value of £10,000.00. However, if there is a change in the market value of your car resulting in a reduced valuation, then we endeavour to let you know what the new valuation is before your appointment, so that you have the opportunity to cancel, if you choose to do so.

Payment Options:

Our standard BACS payment terms takes up to 3 working days after the day of purchase to arrive in your bank account.

Cookies:

When you visit www.guaranteedauctionvalue.co.uk, www.dontscrapitcashit.co.uk, www.dontscrapitcashit.com, www.cashitlma.co.uk or www.cashitlma.com we collect standard internet log information and details of visitor behaviour patterns through the use of cookies. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We will not associate any data gathered from this site with any personally identifying information from any source. To understand more about which cookies we use, please visit our privacy statement. This page tells you the terms and conditions on which we may purchase a vehicle from you. Please read the conditions carefully before requesting any appointment with us to sell a vehicle. You should understand that by requesting an appointment with us to sell a vehicle, you agree to be bound by the conditions should you wish to sell the vehicle to us and we agree to buy the vehicle.

3. ON-LINE QUOTATIONS

3.1

Any quotation given through our site or by e-mail (online valuation) is a valuation based upon what you tell us about the vehicle and may not be a price at which we are willing to buy the vehicle.

3.2

We will always carry out a visual inspection of a vehicle before we complete the transaction. After you have received an online valuation, you may book an appointment for us to carry out an inspection.

3.3

If we consider that the value of a vehicle is affected by any aspect of its history or condition, including any unusual feature or customisation, which was not apparent to us when we gave the online valuation, the price that we offer for it following an onsite inspection may differ from the online valuation quoted.

4. PURCHASE AGREEMENT

4.1

Once we have carried out an inspection of a vehicle, we will offer to buy the vehicle for a price.

4.2

Any offer to buy the vehicle may only be accepted by you, and a contract will only be made between us, if and when you sign our standard written purchase invoice contract at the appointment. The contract will be subject to these terms and conditions and will not contain any other standard terms or conditions.

4.3

When a contract is made you will be expected to hand us:

  • All of the vehicles keys.
  • Vehicle registration document must be registered in the sellers name and current address.
  • Vehicle service history.
  • Vehicle MOT certificate.
  • Vehicle user manuals.
  • Any accessories there may be such as a locking wheel nut, radio fascia, remote controls and headsets.
  • And to remove any personal possessions from the vehicle.

4.4

In the event that you fail to comply with 4.3 above, we reserve the right to withdraw any offer to buy the vehicle with immediate effect and/or to rescind any contract with immediate effect.

5. PRICE AND PAYMENT

5.1

Once you have handed over the vehicle in accordance with 4.3 above, we will pay you the price for the vehicle quoted after the inspection, less the amount of any transaction fee, by electronic transfer to your bank account.

5.2

The minimum valuation is £0.

5.3

Our standard BACS payment terms takes up to 3 working days after the day of sale to arrive in your bank account.

5.4

It is possible that events beyond our control may delay payment, and if that happens we will not have any liability to you for the delay.

6. YOUR REPRESENTATIONS

6.1

If we purchase a vehicle from you, we will be relying upon from the information provided and your representation that:

  • You are legally capable of entering into a binding contract to sell the vehicle.
  • You are at least 18 years old
  • To the best of your knowledge, information and belief:
    • You are the sole owner of the vehicle;
    • Other than in respect of any finance outstanding on the vehicle which you have disclosed to us, no person has any claim to the vehicle;
    • The mileage reading on the vehicle is true and accurate and the odometer has not been tampered with unless stated at the time of the valuation:
    • You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any material, mechanical problems or damage).
    • All information supplied by you in respect of the vehicle (whether in obtaining an on-line valuation, at any appointment or otherwise) is true and accurate in all respects and
    • The vehicle is registered in the UK unless stated at valuation.
  • You are not (nor are you acting on behalf of anyone who is) selling the vehicle in the general course of business.
  • We will require proof of identification ie: current driving license or passport plus a bank statement or current utility bill.

6.2

In the event that we discover at any time that any of the above representations are or are likely to be inaccurate, untrue or false then we reserve the right at our sole discretion to:

  • Request any documentation or information we deem necessary to determine whether the above representations are untrue or false.
  • Withdraw any offer to buy the vehicle with immediate effect.
  • To rescind any contract with immediate effect and/or where appropriate seek damages from you.

7. CARS SUBJECT TO FINANCIAL INTEREST

7.1

We may agree to purchase the vehicle even though it is the subject of a financial agreement between you and a third party (Finance Agreement), provided that we receive a written statement of the amount required to settle the outstanding finance agreement in full from the third party.

7.2

We will only pay to a third party such sum as we agree with you in formal writing. We will make such payment as soon as is reasonably practicable after we enter into the contract and following receipt of any sum due from you under condition 7.3(b) below.

7.3 If the price is:

  • Higher than the settlement figure required to fully settle any sum outstanding under any finance agreement we will pay you the difference or
  • Lower than the settlement figure required to fully settle any sum outstanding under any finance agreement you must pay us the difference.
  • If you are liable for the difference then we will settle upon receiving cleared funds of the difference.

8. OUR LIABILITY

8.1

Subject to condition 8.3, we will not be responsible or liable to you for any loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings. However, this condition 8.1 shall not prevent claims for loss of or damage to your physical property which is caused by our negligence.

8.2

Subject to condition 8.3, our maximum aggregate liability to you under or in connection with any contract with you shall not exceed the value of the vehicle.

8.3

We do not exclude or limit in any way our liability for:

  • Death or personal injury which we cause or
  • Fraud or fraudulent misrepresentation.

9. LAW AND JURISDICTION

Each contract will be governed by English law and any dispute or claim arising out of or in connection with it shall be subject to the jurisdiction of the courts of England and Wales unless the appointment takes place in Scotland, in which case it will be governed by Scots law and any dispute or claim arising out of or in connection with it shall be subject to the jurisdiction of the courts of Scotland.

10. USE OF YOUR INFORMATION

We use and record the information you give us for any online valuation and/or in entering into a contract for the purpose of making payment to you and in case we need to address any complaint in accordance with the terms of our Privacy Policy. Please note your details remain secure, confidential and will not be forwarded to any 3rd party.

11. PERMITTED USE

11.1

You are only permitted to access and use our website for your personal, non-commercial purposes, meaning this website may only be accessed and used directly by a private individual. Access to and use of this website other than for your personal, non-commercial purposes is strictly prohibited.

11.2

You are not permitted to use this website and our affiliate sites:

  • In any unlawful, fraudulent or commercial manner.
  • To create, check, confirm, update, modify or amend your own or another person’s databases, records or directories.
  • Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system.

11.3

You may operate a link to this website and our affiliate sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it as determined by us. You must not operate a link to this website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this website at any time and we may withdraw any linking permission at any time.

Private buying and selling fees

Rates-Private

Trade buying and selling fees

Rates-Trade

We are members of the National Association of Motor Auctions.

 All our vehicles havegraded inspection reports.