User Agreement - Terms & Conditions
CD Auction Group Ltd trading as CD Salvage Auction
Company Registration Number: 2354629
Registered Office: Church Lane, Norton, Worcester WR5 2PR
VAT Number: GB 638611726
BVRLA Membership Number: 677
These terms and conditions shall be referred to as the User Agreement. The User Agreement describes the terms and conditions applicable to the Services available under the domain www.cdsalvageauction.com (“Website”). In order to access the Website, you must be a registered user and agree to be bound by this User Agreement.
The definitions in this clause shall apply to this User Agreement:
means a closed bid weekly online auction.
means an offer of a price for a Vehicle under Auction.
means a person placing a Bid for a Vehicle placed for Auction on the Site.
“Online Auction Services”
means the online auction venue provided by the CD Salvage Manager which allows Users to offer, sell and buy nearly new damaged Vehicles.
“CD Salvage Manager”
means CD Salvage Auction.
means by 13:00 on the Wednesday following the commencement of an Auction.
means www.cdsalvageauction.com .
means the highest Bid which matches or exceeds a Reserve (as set out in clause 3.2).
means a Bid rejected by the Vendor or by the CD Salvage Manager.
means all registered users of the Site.
means any vehicle offered for sale on the Site subject to the terms of this User Agreement.
means a person placing a Vehicle for Auction on the Site.
Words in the singular shall include the plural and vice versa.
You will be deemed to have accepted the User Agreement when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a User via the website at www.cdsalvageauction. com
Acceptance of the User Agreement and therefore agreement to be bound by it by you is an absolute pre-condition of you using our Website and Services. If you do not accept this User Agreement you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) or other goods that are offered for sale.
You acknowledge that our business is that of selling and making available a platform for sale for others (“Sellers”) to sell used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered User you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.
This User Agreement forms a binding contract between you and us regarding your use of our Website and Services, and from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasion be us.
This User Agreement sets out and explains our and a Sellers responsibilities to you, and your responsibilities to us and any Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you, this is because the Lots which are offered for sale through our Website are used, damaged, recovered stolen and/or insurance write-offs.
We reserve the right to amend the User Agreement at any time without prior notice to you, if we do so, we shall display a notice to this effect on the Website. The most current form of the User Agreement may be found at www.cdsalvageauction.com . Your continued use of the Website and/or the Services after any amendment of this User Agreement shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.
OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
We will provide you with practical and reasonable help so you may access the Website but we cannot accept responsibility if you are unable to access the Website for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in this User Agreement. Accordingly, we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
We will provide you with access to the Website and Services on the basis set out in this User Agreement, however, we reserve the right in our sole discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason or in the event of your non-compliance with the terms of this User Agreement.
You the User agree to act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You guarantee that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
You the User agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
You the User agree that you shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
Apart from where we accept an Authorised Bidder, you agree to keep your username and password confidential and not disclose them to or share them with anybody.
If you believe that the confidentiality of your password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in this User Agreement.
All lots we offer for sale are sold on an "as is where is" basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase.
We expressly disclaim the accuracy or completeness of any and/or all information provided to the User regarding Lots whether provided in written, verbal or digital image form ("Lot Information"). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, drive ability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us in any Lot, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements.
It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the Lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any Lot.
You agree that all Lots sold are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The Lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The Lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any Lot we offer for sale.
You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the Consumer Rights Act 2015 to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
Given the nature of our business, the nature of the Lots we offer for sale, and the fact that you are a trade member, you acknowledge and agree that it is fair and reasonable in all the circumstances for us to rely upon the restrictions, limitations and exclusions of our liability set out in this User Agreement. You acknowledge and agree that your use of our Website and Services and your bidding for and/or purchase of Lots is expressly on the basis that this User Agreement has been read and understood by you, and that you accept in the circumstances they are fair and reasonable.
2. GENERAL TERMS
2.1. The CD Salvage Manager is not an auctioneer. The CD Salvage Manager offers the Online Auction Services as a closed bid weekly online auction venue through the Website which allows Users to offer, sell and buy nearly new damaged Vehicles.
2.2. The CD Salvage Manager does not review and is not responsible for the accuracy or content of the sales listings provided by a Vendor. Further, the CD Salvage Manager shall not be liable for any loss arising from the inaccuracy of any video/images provided.
2.3 The Vendor shall categorise the Vehicle for sale in accordance with the ABI Guidelines (see clause 4). The CD Salvage Manager shall not be liable to the Successful Bidder in the event that the Vendor wrongly categorises or fails to categorise the Vehicle prior to or during the Auction.
2.4 The Vehicles offered for sale at Auction are damaged and may require repair or restoration. The CD Salvage Manager makes no representation or warranty (whether express or implied) about the extent of any general or specific damage to the Vehicle or the condition of any salvageable parts. The CD Salvage Manager will not guarantee the validity of a Vehicles manufacturer warranty, in certain cases the warranty may have been cancelled by the Vendor. Buyers should be aware that all Hertz Vehicles entered into the Auction will be sold with no manufacturer warranty. All conditions, warranties or representations, either expressed or implied by statute, common law or otherwise in respect of a Vehicle or any parts comprising the Vehicle are expressly excluded and the Bidder shall have no claim for rescission or damages in respect of any defect in any one or more of the said parts.
2.5 The CD Salvage Manager does not own or purport to own any of the Vehicles. The Vehicles made available through the Site are offered for Auction by the Vendor or by the Vendor as agent of a third party and are sold subject to CD Salvage Auction User Agreement.
2.6 The Bidder shall, prior to completing the Auction transaction, verify the condition of the paintwork, bodywork, chassis, tyres, battery, exhaust and all other electrical equipment ,components and parts of the Vehicle. The Bidder shall also verify the odometer reading provided by the Vendor. The CD Salvage Manager does not warrant the mileages of any Vehicles offered for sale.
2.7 Drive is defined as: The Vehicle was tested on arrival at the site to
ascertain whether it be started and be moved under its own power.
Start is defined as: The Vehicle was tested on arrival at the site to ascertain whether it could be started. This does not guarantee that the Vehicle will drive/start again when collected from the site.
2.8 The Vendor shall procure that V5 registration is complied with in accordance with ABI Guidelines. The CD Salvage Manager cannot guarantee that the V5C documentation, MOT certification, service books or keys will be available for all Vehicles.
2.9 Prior to placing a Bid, the Bidder shall verify whether the Vehicle is registered on any statutory or voluntary register. Whilst some Vehicles may be offered for sale uncategorized, the CD Salvage Manager will not be held responsible if a third party registers an ABI category against the Vehicle following completion of the Auction transaction.
2.10 The CD Salvage Manager reserves the right to suspend or terminate this User Agreement if it appears to the CD Salvage Manager that the User is or appears to be in breach of the User Agreement, including without limitation, any misuse of the Online Auction Services. In the event of misuse, the CD Salvage Manager may also suspend or terminate an Auction.
2.11 Vehicles are not sold subject to any condition or warranty, express or implied, save those implied by the Consumer Rights Act 2015 relating to the title. Without prejudice to the foregoing, any implied condition as to fitness for purpose and any implied condition that the Vehicles will correspond with their description is expressly excluded by this clause.
2.12 The CD Salvage Manager reserves the right to suspend forthwith any User whose actions might harm or prejudice the integrity of CD Salvage Auction Ltd or its Vendors.
3.1 By making a Bid, the Bidder agrees to be bound by the terms and conditions of this User Agreement. A Bidder has a legal obligation to complete a transaction with the Vendor if at the end of the Auction the Bidder is the highest bidder and the Bid has been accepted by the Vendor (a Successful Bid). If transaction is not completed this will result in Bidder account being terminated.
3.2 A Vehicle may be offered by the Vendor for sale subject to a reserve price (the “Reserve”) which may be higher than a starting bid. The Vendor agrees that the Successful Bid in any Auction will be the highest bid which exceeds any Reserve and which meets the Vendor’s listing conditions. The Vendor agrees to be bound by the highest successful winning bid that matches or exceeds the Reserve.
3.3 The CD Salvage Manager is not a party to the Auction and is not responsible for ensuring that Vendors and Bidders complete on an Auction transaction.
3.4 All Bids must be received by the Sales Coordinator on or before the Sale Deadline. Bids will be accepted only if they are submitted by secure login via the Site. The CD Salvage Manager will notify the Bidder that its Bid has been accepted via a system generated email notification. Bids which are submitted after the Sale Deadline are automatically deemed Unsuccessful Bids. A Vendor may not submit a Bid in its own Auction and the CD Salvage Manager may in its absolute discretion reject or cancel Bids.
3.5 The CD Salvage Manager shall use its reasonable endeavors to process Bids which are placed in respect of Vehicles offered by a Vendor, but does not guarantee that any individual Bid shall be submitted.
3.6 Bidders must keep their login and access details secure at all times. Bidders must not disclose their password to any third party or permit third parties to access the Site using their login details. The CD Salvage Manager accepts no liability for any loss or damage arising as a consequence of the Bidder disclosing its login details to third parties. Failure to keep these secure could result in the Bidder account being terminated.
3.7 The CD Salvage Manager may in its absolute discretion refuse or remove Bids from the Site or remove from sale any Vehicle in respect of which there is a dispute (including disputes over ABI categorisation), any Vehicle which is withdrawn by the Vendor, or any Vehicle which fails to draw a Bid above the Reserve.
3.8 Some Vendors charge a service fee which is confirmed at point of Bid acceptance via website bid acceptance confirmation e-mail.
4 VEHICLE CATEGORISATION (ABI CATEGORIES)
4.1 The Vehicles offered for sale on the Site shall be individually categorized in accordance with the Association of British Insurers (ABI) Code of Practice for the Disposal of Motor Vehicle Salvage.
4.2 The Vehicles shall be categorized as follows:
4.2.1 Category B – a vehicle which is structurally damaged or so devoid of parts that it is not possible to repair it economically or safely. Category B vehicles must be broken for spare parts. All remaining parts, the bodyshell, frame and chassis from the Category B vehicle shall be crushed or disposed of in accordance with ABI guidelines to ensure that the Category B vehicle does not reappear on the road. All air bags, seat belt and seat components must be properly disposed of in accordance with manufacturer’s requirements and must never be resold.
4.2.2 Category N – (NON-STRUCTURAL) Repairable. This vehicle has been inspected by an appropriately qualified person and declared suitable for repair. Repairable vehicle which has not sustained damage to the structural frame or chassis and the insurer/self-insured owner has decided not to repair the vehicle. While the damage to the vehicle has been noted as non-structural, there may still be some safety critical items that require replacement e.g. steering and suspension parts.
4.2.3 Category S – (STRUCTURAL) Repairable. This vehicle has been inspected by an appropriately qualified person and declared suitable for repair. Repairable vehicle which has sustained damage to any part of the structural frame or chassis and the insurer/self-insured owner has decided not to repair the vehicle.
4.3 Category B vehicles may be purchased only by Users who comply with the appropriate provisions of the Environmental Protection Act 1990 and the Motor Salvage Operators Regulations 2002. Users purchasing Category B vehicles must produce on request an appropriate Motor Salvage Operator Licence and Environmental, Hazardous Waste and Waste Carrier Licences. Users must also be registered with their Local Authority as an Authorised Treatment Facility for End of Life Vehicles.
4.4 Users purchasing a Category B vehicle hereby agree to the following:
4.4.1 to be bound by and comply with the ABI Code of Practice for the Disposal of Motor Vehicle Salvage and all other laws and regulations relating to the removal of useable parts and the destruction of category B vehicles.
4.4.2 within 2 weeks of the purchase of the Category B vehicle, to obtain a Certificate of Destruction pursuant to the End-of-Life Vehicles Regulations 2003.
4.4.3 to provide the CD Salvage Manager on request with a copy of a valid Certificate of Destruction for the Category B vehicle.
4.4.4 to provide the CD Salvage Manager or its designated agent access to the User’s vehicle storage location and to provide assistance in locating any Category B vehicle in relation to which a valid Certificate of Destruction has not been provided.
4.4.5 to retain a copy of the Certificate of Destruction for a period of at least 24 months from the date of purchase of the Category B vehicle.
4.5 Pursuant to the ABI Code of Practice for the Disposal of Motor Vehicle Salvage, all registration plates must be removed and securely destroyed as soon as reasonably practicable. For the avoidance of any doubt, personalised number plates do not form part of and are not included in any Auction transaction.
5.1 Successful Bidders must transfer funds to the Vendor via electronic bank transfer within 2 working days following notification of a Successful Bid. Failure to transmit funds will result in the Successful Bidders account being suspended from bidding on any Vehicles in any live sales until all payments have been received.
5.2 If in contravention of clause 5.1 a Bidder fails to proceed with a transaction, the Bidder’s membership of the Site shall be suspended until further notice.
6.1 All Successful Bids are subject to the administration charges set out in the CD Salvage Manager’s schedule of administrative charges. The administration charge is payable to the CD Salvage Manager prior to collection of the Vehicle.
6.2 All purchased Vehicles must be removed from the CD Salvage Manager’s premises within 5 working days of notification of a Successful Bid. Vehicles which are not collected within this period will be subject to a storage charge payable to the CD Salvage Manager. A schedule of the CD Salvage Manager’s storage charges is available upon request.
6.3 The CD Salvage Manager shall be entitled to exercise a lien over the Vehicle until the administration charge and any accrued storage charges referred to in clauses 6.1 and 6.2 above are paid.
6.4 Vehicles must be collected during normal business hours from 08:00 to 16:00 Monday to Friday.
6.5 Failure to collect during normal business hours, or to notify the CD Salvage Manager, may incur further storage charges or necessitate a return visit during the said hours.
6.6 If assistance is needed loading a Vehicle or Vehicles onto a recovery vehicle please contact the CD Salvage Manager prior to collection.
6.7 The Vehicles will not be released until the Vendor notifies the CD Salvage Manager that they have received cleared funds. Until the Successful Bidder has paid in full for the Vehicle, the Vehicle remains the property of the Vendor and the Successful Bidder shall indemnify the Vendor against any loss or damage thereto.
6.8 The CD Salvage Manager will not be liable under this User Agreement for any loss arising out of any additional damage to the Vehicle identified on delivery or collection.
6.9 Although upmost care is taken whilst moving salvage vehicles. CD Salvage Auction Ltd will not be liable for any underside damage that may arise during the movement by forklift of un-drivable Vehicles.
6.10 Within 7 working days of collection, the Bidder shall provide the CD Salvage Manager with a copy of the Certificate of Destruction for any Category B Vehicle purchased from the sale. If not received by CD Salvage Manager within 24 hours of 14 day e-mail reminder Bidder account will be suspended from bidding in any live sale until received.
7. LIMITATION OF LIABILITY
7.1 The CD Salvage Manager (and its parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable under this User Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
7.2 The CD Salvage Manager maximum aggregate liability under or in connection with this User Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the amount of any sums paid or payable in accordance with the CD Salvage Manager’s schedule of administrative charges.
7.3 This User Agreement states the full extent of the CD Salvage Manager obligations and liabilities in respect of the performance of the Online Auction Services. The parties agree that any condition, warranty representation or other term concerning the Online Auction Services which might otherwise be implied into or incorporated in this User Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
7.4 Nothing in this User Agreement shall seek to exclude or limit any parties liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be limited or excluded as a matter of law.
8.1 The User agrees to indemnify the CD Salvage Manager and keep the CD Salvage Manager indemnified from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the CD Salvage Manager resulting from a breach of this User Agreement by the User.
9 ENTIRE AGREEMENT
9.1 This User Agreement (and any documents referred to in it) constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this User Agreement.
10 VARIATION AND WAIVER
10.1 The CD Salvage Manager reserves the right to amend this User Agreement at any time by posting an amended version on the Website and Bidders will be advised via e-mail of any such changes. The amended User Agreement will be active from the date it is posted on the Site and the User’s continuing use of the Online Auction Services will amount to an acceptance of the revised terms. No other amendments to this User Agreement will be effective.
10.2 Any waiver of any right under this User Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
10.3 No failure to exercise or delay in exercising any right or remedy provided under this User Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
10.4 No single or partial exercise of any right or remedy under this User Agreement shall prevent or restrict the further exercise of that or any other right or remedy.
11.1 If any provision of this User Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
11.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12. RIGHTS OF THIRD PARTIES
12.1 A person who is not a party to this agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
13. GOVERNING LAW AND JURISDICTION
13.1 This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation (including non-contractual disputes or claims).
Updated 30th April 2019