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IMPORTANT This is a legal agreement between Accident
Exchange Limited (04141140) and the user
("you" or "your") of the used vehicle
auction website at www.aecarauction.com
("Website"). Please read the following terms
and conditions carefully.
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1.
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REGISTRATION
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1.1
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The Website is operated by Accident Exchange Limited
(company registration number 04141140) whose
registered office is at Alpha 1, Canton Lane, Hams
Hall, Birmingham B46 1GA ("AE").
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1.2
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By using this Website you have agreed to these terms
and conditions, which includes the privacy policy
which can be viewed at www.aecarauction.com
("Terms").
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1.3
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If you do not register and agree to these Terms you
may not access or otherwise use the Website.
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1.4
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If you have not registered to use the Website and you
have read,understood and accepted these Terms, please
click on this link to register where you will be
asked to confirm you accept these Terms:
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2.
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STATUS OF THESE TERMS
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2.1
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From time to time AE may modify these Terms. We will
notify you of any such changes to these Terms by
email and will post the updated terms (which may be a
URL link to the updated terms) on the Website.
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2.2
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You agree to be bound by the new Terms from the date
that email notification is sent to you and your
continued use of the Website shall be deemed
acceptance of the changes. Accordingly please
continue to review these Terms whenever accessing or
using the Website and in particular prior to
submitting bids though the Website's auction
facility. These Terms apply to all parts of the
Website to which you may have access from time to
time.
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3.
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YOUR OBLIGATIONS
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3.1
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You agree to provide further information (including
references) if required in relation to your
registration. AE reserves the right to block your
access to use the Website if there are reasonable
grounds for suspecting you have breached these Terms.
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3.2
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It is your responsibility to notify AE immediately if
any of your registration details change by sending an
email to:
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mailto:growley@aecarauction.com
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3.3
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You are responsible for the accuracy of any details
provided and are responsible for keeping these
details updated.
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3.4
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On registration you will be asked to select a user
name and password.
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3.5
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You are responsible for the use and security of your
password and ID log-in and for ensuring full
compliance with these Terms.
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3.6
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You are responsible for keeping your password and ID
log-in code confidential and must notify us
immediately if you suspect unauthorised use by a
third party by sending an email to:
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mailto:ithelpdesk@accidentexchange.com
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3.7
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In the event of a security breach, you will be given
the ability to change your ID and password which you
must do immediately.
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3.8
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You are responsible for all costs and charges
(including without limitation internet and
telecommunication charges) in accessing the Website
and for maintaining any equipment required to access
the Website.
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3.9
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You will only use the Website for proper and lawful
purposes which, for the avoidance of doubt, shall
mean bidding for vehicles listed on the web site from
time to time.
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3.10
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You shall not allow authorised individuals to access
the Website for any improper or unlawful purposes and
you are not permitted to transfer your password to
another person or entity.
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3.11
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You shall not permit any person under the age of 18
to take part in any auction on the Website.
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3.12
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You will use your best endeavours to scan or remove
any virus or any other contamination or destructive
features before submitting any information to AE.
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4.
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BIDDING PROCESS
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4.1
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"Goods" means any vehicles available as part of an
auction on the Website.
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4.2
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Full instructions on how to bid for Goods and details
of the expiry date and time for each auction will be
posted on the Website but all bids and transactions
will be subject to these Terms. Bids should be made
on a VAT inclusive basis.
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4.3
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From time to time AE may place Goods on the Website
for auction.A listing by AE does not constitute an
offer and such Goods may be withdrawn or the listing
may be revised at anytime prior to the End Date
(defined at 4.9).
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4.4
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AE is under no obligation to auction any Goods which
may be listed on the Website as being due for auction
on a particular day.
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4.5
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A bid will be deemed to have been placed when such
bid is received by AE's server. A bid is not yet
placed when such bid is sent by your server.
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4.6
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A bid may not be withdrawn after it is placed.
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4.7
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From time to time AE may allocate a minimum VAT
inclusive price in respect of Goods ("Reserve
Price").
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4.8
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To be the winning bid, the bid must be the highest
bid of the auction received by the End Date (referred
to in 4.9 below) and must meet any other conditions
which may be specific to each auction including, at
AE's discretion, exceeding the Reserve Price. If
additional conditions apply, they will be published
alongside the description of the Goods prior to the
commencement of each auction.
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4.9
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AE will allocate and publish on the web site a
specific time and date for each Good at which point
further bids will not be accepted ("End Date"). When
the auction closes if you have the winning bid, the
agreement for the purchase of the Goods becomes
binding on you.
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4.10
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If your bid is followed by a higher bid which is
later removed by AE for any reason, it will be open
to AE to accept your bid, as though the higher bid
had never been made.
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4.11
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AE reserves the right to refuse or remove bids and/or
suspend, cancel or extend auctions at its absolute
discretion, including where there are or have been
obvious typographical or arithmetical inaccuracies.
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4.12
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If your bid is successful, AE will confirm this by
email or telephone together with dates and times for
collection of the Goods, and shall forward an invoice
together with details of how to pay.
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4.13
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AE is not obliged to assist in any disputes between
bidders.
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5
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PAYMENT
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5.1
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All Goods must be paid for in cleared funds in pounds
sterling within 72 hours by bank transfer or
electronic Switch payment to the AE bank account as
set out in the invoice for the Goods.
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5.2
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Where payment is overdue, AE reserves the right to:
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5.2.1
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charge interest on late payments at an annual rate of
2% above the base lending rate of The Royal Bank of
Scotland (from time to time); or
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5.2.2
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recover interest in accordance with the Late Payment
of Commercial Debts (Interest) Act 1998; and/or
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5.2.3
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treat the bid as having lapsed, offer the Goods to
other parties and recover from the bidder any
difference in price and costs incurred as a result of
such lapse.
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5.3
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You agree to pay all taxes which may arise out of the
sale.
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5.4
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You shall have no right to set off amounts owed to
you by AE against any sums due to AE under these
Terms..
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5.5
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Time for payment is of the essence.
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5.6
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You are responsible for:
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5.6.1
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complying with all legal requirements in relation to
use and maintenance of the Goods; and
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5.6.2
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obtaining all certificates, permits or other
authorisations necessary before the Goods can be used
on any road or elsewhere.
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6.
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GOODS
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6.1
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Title shall remain with AE until AE receives cleared
funds from you in respect of the Goods.
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6.2
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You shall at your own expense collect the Goods
purchased when AE receives payment in cleared funds
from you in accordance with the payment terms.
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6.3
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You shall be responsible for any removal, storage and
insurance charges on any Goods not collected within
five working days after the End Date. Once payment is
received, title and risk in the Goods passes to you.
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7.
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DISCLAIMERS
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7.1
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Nothing in these Terms shall operate to exclude or
restrict either party's liability for:
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7.1.1
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death or personal injury resulting from negligence;
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7.1.2
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breach of the obligations arising from section 12 of
the Sale of Goods Act 1979; or
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7.1.3
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fraudulent misrepresentation.
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7.2
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You acknowledge that you have not relied upon any
representation made to you by AE, its employees or
agents in relation to the Goods unless such
representation has been confirmed in writing prior to
the relevant auction.
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The Goods are previously owned vehicles and are sold
as seen. All vehicles are sold with all (if any)
faults and imperfections and errors of description.
Buyers should satisfy themselves prior to sale as to
the origin, description, suitability, age,
durability, completeness, operability, state and
condition of the Goods and should exercise and rely
on their own judgment as to whether the Goods accord
with any description. None of the photographs or
illustrations of the Goods which AE may make
available should be relied upon to give an accurate
or full depiction of the state or condition of the
Goods. Accordingly, all conditions and warranties
implied by law, trade, custom or practice are hereby
excluded except to the extent that such exclusion is
otherwise prohibited by any law.
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8.
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REMEDIES
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8.1
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You agree that should any liability arise against AE
under these Terms, your sole remedy in respect of any
claim in relation to the Goods, however such claim
arises, shall in all cases be limited to the price
paid for the Goods, and shall only be available if
the Goods have not been reused.
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8.2
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AE shall not in any circumstances be liable for any:
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8.2.1
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loss of business or business opportunities;
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8.2.2
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loss of profits;
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8.2.3
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loss of data;
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8.2.4
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damage to goodwill; or
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8.2.5
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indirect, consequential or special loss.
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9.
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INTELLECTUAL PROPERTY, LICENCES AND DOWNLOAD RIGHTS
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9.1
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Any and all Intellectual Property (which shall
include patents, inventions, know-how, trade secrets
and other confidential information, registered
designs, copyrights, database rights, design rights,
rights affording equivalent protection to copyright,
database rights and design rights, semiconductor
topography rights, trade marks, service marks, logos,
domain names, business names, trade names, moral
rights, and all registrations or applications to
register any of the aforesaid items, rights in the
nature of any of the aforesaid items in any country
or jurisdiction, rights in the nature of unfair
competition rights and rights to sue for passing-off)
subsisting in or used in connection with the Website
is, and shall remain, the property of the Principal
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9.2
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You will not acquire any rights or licences in or to
the Website, the Intellectual Property or any other
content other than the limited rights to use the
Website in accordance with these Terms.
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9.3
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You may not copy, reproduce, recompile, decompile,
disassemble, reverse engineer, distribute, publish,
display, perform, modify, download or in any other
way to exploit any part of the Website and/or the
content.
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9.4
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Downloading the content is permitted by AE provided
that:
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9.4.1
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You make no more than six printed copy of such
download and no further copies of such printed copies
are made; and
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9.4.2
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You retain on such downloads and/or printed copies
all copyright notices and shall remain bound by the
terms of such wording and notices.
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9.5
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You agree that AE may use copy, reproduce,
distribute, adopt, load, execute, store, transmit,
communicate, display, maintain, enhance any data you
provide to it subject to compliance, where
applicable, with the Data Protection Act 1998 and the
privacy policy.
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10.
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WARRANTY IN RESPECT OF WEBSITE CONTENT
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10.1
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The Website and the content are provided on an "as
is" and "as available" basis by AE and AE reserves
the right to change, suspend or discontinue the
Website at any time.
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10.2
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Subject to the provisions of these Terms in relation
to the purchase of Goods:
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10.2.1
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all warranties and conditions, whether express or
implied by statute, common law or otherwise as to the
accuracy, timelessness or completeness of any
information or material on the Website are excluded
to the extent permitted by law;
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10.2.2
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AE excludes any liability whether in contract, tort
(negligence) or otherwise for any incorrect or
misleading information on the Website except as set
out in these Terms;
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10.2.3
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AE will not be liable to you or any third party
resulting from any unauthorised access to the
Website;
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10.2.4
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AE will not be liable to you or any third party
resulting from your failure to keep security
information secret;
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10.2.5
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AE does not warrant that the Website is compatible
with your computer equipment or that the Website or
its server is free from errors, viruses, worms,
Trojan horses or other destructive code and AE is not
liable for any damage you may suffer as a result of
such destructive features;
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10.2.6
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AE shall not be held responsible for content provided
by third parties or for the content of or use of
third party sites to which there is a link in the
Website;
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10.2.7
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AE is not responsible for the reliability or
continued availability of the telephone lines or
equipment you use to access the Website; and
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10.2.8
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does not give any warranty in respect of the state,
condition or quality of the Goods.
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11.
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DATA AND PRIVACY
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AE shall comply with the Data Protection Act 1998 and
its privacy policy as applicable as amended from time
to time.
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12.
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CHANGES TO THE WEBSITE
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12.1
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You accept that AE has the right to change the
content or technical specifications of any aspect of
the Website at any time at AE's sole discretion.
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12.2
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You further accept that such changes may result in
you being unable to access the Website.
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12.3
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AE may have to suspend the operation of the Website
from time to time to carry out maintenance and make
upgrades.
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13.
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NO ASSIGNMENT
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13.1
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You may not assign your rights or delegate your
duties under these Terms.
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13.2
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AE may assign its rights or delegate its duties under
these Terms without prior notice to you.
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14.
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RELATIONSHIP
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No agency, partnership, joint venture or
employee/employer relationship is intended or created
by these Terms.
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15.
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NOTICES
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15.1
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Any notice shall be given by email to the email
address provided on the registration form or such
other address as is provided by you to AE.
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15.2
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Notice shall be deemed to have been given 48 hours
after sending of the email unless the sender receives
a response indicating that the message was
undeliverable.
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16.
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WAIVER
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No waiver by AE or of any breach or any obligation
arising under these Terms shall constitute a waiver
of any breach and no failure by AE to exercise any
remedy shall constitute a waiver of the rights
subsequent to exercises that of any other remedy.
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17.
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SEVERANCE
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If any part of these Terms is held to be invalid void
or unenforceable the parties agree that the remaining
portions will not be affected and that the portion in
question may be replaced by the lawful portion that
most embodies the other intention of the parties and
the remainder of these Terms will in any event remain
valid and enforceable.
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18.
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VARIATION
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No variation or alteration of any of these Terms
shall be effective unless it is in writing and signed
by or on behalf of each party.
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19.
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FORCE MAJEURE
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19.1
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"Force Majeure Event" means any circumstance beyond
the control of AE including, but not limited to acts
of God, fire, explosion, adverse weather conditions,
flood, earthquake, terrorism, riot, civil commotion,
war, hostilities, strikes, work stoppages, slow-downs
or other industrial disputes, accidents, riots or
civil disturbances, acts of government, lack of power
and delays by suppliers or materials shortages.
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19.2
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AE shall have no liability for any delay or failure
to carry out any of AE's obligations under these
Terms where a Force Majeure Event has occurred.
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19.3
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Nothing shall excuse you from any payment obligations
under these Terms.
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20.
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GOVERNING LAW AND JURISDICTION
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These Terms shall be governed by the laws of
England<//COUNTRY-REGION> and
Wales<//PLACE><//COUNTRY-REGION> and
subject to the exclusive jurisdiction of the English
Courts.
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21.
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THIRD PARTY RIGHTS
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A person who is not party to these Terms shall have
no rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any part of these Terms.
This does not affect any right or remedy of any
person which exists or is available otherwise than
pursuant to that Act.
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22.
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ENTIRE AGREEMENT
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22.1
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These Terms, together with the documents referred to
in it, constitutes the entire agreement and
understanding between the parties in respect of the
matters dealt with in them and supersedes any
previous agreement between the parties or any of them
relating to such matters.
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22.2
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You acknowledge that by agreeing to these Terms, and
any of the documents referred to in it, that you do
not rely on, and shall have no remedy in respect of,
any statement, representation, warranty or
understanding (whether negligently or innocently
made) other than as expressly set out in these Terms
as a warranty. The only remedy available to either
party in respect of any such statement,
representation, warranty or understanding shall be
for breach of contract.
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22.3
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Nothing in this clause 22 shall operate to exclude
any liability for fraud. |
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ACCESS TO WEBSITE |
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AE may block your access to the Website at any time. |
