Terms and Conditions

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. In order to access the Site, you must be a registered user and agree to be bound by this User Agreement.

1. DEFINITIONS

1.1 The definitions in this clause shall apply to this User Agreement:

“Auction”

means a closed bid weekly online auction.

“Bid”

means an offer of a price for a Vehicle under Auction.

“Bidder”

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 Sales Coordinator which allows Users to offer, sell and buy nearly new damaged Vehicles.

“Sales Coordinator”

means Hudson Kapel Limited trading as CD Salvage Auction.

“Sale Deadline”

means by 13:00 on the Wednesday following the commencement of an Auction.

“Site”

means www.cdsalvageauction.com.

“Successful Bid”

means the highest Bid which matches or exceeds a Reserve (as set out in clause 3.2).

“Unsuccessful Bid”

means a Bid rejected by the Vendor or by the Sales Coordinator.

“User/Users”

means all registered users of the Site.

“Vehicle”

means any vehicle offered for sale on the Site subject to the terms of this User Agreement.

“Vendor”

means a person placing a Vehicle for Auction on the Site.

1.2 Words in the singular shall include the plural and vice versa.

2. GENERAL TERMS

2.1. The Sales Coordinator is not an auctioneer. The Sales Coordinator offers the Online Auction Services as a closed bid weekly online auction venue which allows Users to offer, sell and buy nearly new damaged Vehicles.

2.2. The Sales Coordinator does not review and is not responsible for the accuracy or content of the sales listings provided by a Vendor. Further, the Sales Coordinator shall not be liable for any loss arising from the inaccuracy of any images provided by a Vendor.

2.3 The Vendor shall categorise the Vehicle for sale in accordance with the ABI Guidelines (see clause 4). The Sales Coordinator 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 Sales Coordinator 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 Sales Coordinator 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 Sales Coordinator 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 the Vendor’s own terms and conditions. The Vendor shall ensure that the Bidder is notified of its terms and conditions of sale.

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 Sales Co-ordinator does not warrant the mileages of any vehicles offered for sale.

2.7 The Vendor shall procure that V5 registration is complied with in accordance with ABI Guidelines. The Sales Coordinator cannot guarantee that the V5C documentation, MOT certification, service books or keys will be available for all Vehicles.

2.8 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 Sales Coordinator will not be held responsible if a third party registers an ABI category against the Vehicle following completion of the Auction transaction.

2.9 The Sales Coordinator reserves the right to suspend or terminate this User Agreement if it appears to the Sales Coordinator 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 Sales Coordinator may also suspend or terminate an Auction.

2.10 Vehicles are not sold subject to any condition or warranty, express or implied, save those implied by Section 12 of the Sale of Goods Act 1979 relating to the title. Without prejudice to the foregoing, any implied condition as to fitness for purpose and any implied condition that the goods will correspond with their description is expressly excluded by this clause.

2.11 The Sales Coordinator 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. BIDS

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).

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 Sales Coordinator 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 Sales Coordinator 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 Sales Coordinator may in its absolute discretion reject or cancel Bids.

3.5 The Sales Coordinator 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 Sales Coordinator accepts no liability for any loss or damage arising as a consequence of the Bidder disclosing its login details to third parties.

3.7 The Sales Coordinator 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.

4 VEHICLE CATEGORIZATION (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 Sales Coordinator on request with a copy of a valid Certificate of Destruction for the Category B vehicle.

4.4.4 to provide the Sales Coordinator 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 Pusuant 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 PAYMENT

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 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. COLLECTION

6.1 All Successful Bids are subject to the administration charges set out in the Sales Coordinator’s schedule of administrative charges. The administration charge is payable to the Sales Coordinator prior to collection of the Vehicle.

6.2 All purchased Vehicles must be removed from the Sales Coordinator’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 Sales Coordinator. A schedule of the Sales Coordinator’s storage charges is available upon request.

6.3 The Sales Coordinator 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 09:00 to 16:00 Monday to Friday.

6.5 Failure to collect during normal business hours, or to notify the Sales Coordinator, 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 Sales Coordinator prior to collection.

6.7 The Vehicles will not be released until the Vendor notifies the Sales Coordinator 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 Sales Coordinator 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/S&D 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 Sales Coordinator with a copy of the Certificate of Destruction for any Category B Vehicle purchased from the sale.

7. LIMITATION OF LIABILITY

7.1 The Sales Coordinator (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 Sales Coordinators’ 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 Sales Coordinator’s schedule of administrative charges.

7.3 This User Agreement states the full extent of the Sales Coordinator’s 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.

8 INDEMNITY

8.1 The User agrees to indemnify the Sales Coordinator and keep the Sales Coordinator indemnified from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Sales Coordinator 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 Sales Coordinator reserves the right to amend this User Agreement at any time by posting an amended version on the “News” section of the Site. 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. SEVERANCE

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 No term of this User Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

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 10/04/2017

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