SurreyMCSalvage Terms and Conditions – Salvage Sales

By submitting a bid via any sales portal or making an offer capable of acceptance by Seller, Buyer agrees to be bound by these Terms and Conditions.

 Buyer’s attention is specifically drawn to the following clauses of these Terms & Conditions:

  • Description of Goods (Clause 1);
  • Distance Selling Regulations (Clause 6);
  • Warranties & Indemnities (Clause 8);
  • Limitation of Liability (Clause 9)

The parties to this agreement are:

Buyer:            You, (or your representatives, agents, or any other persons acting on your behalf) in making an offer to purchase a Salvage Motorcycle;

AND

Seller:            4th Dimension Innovation Limited, Registered Company 04673404 of 5th Alpha Way, Thorpe Business Park, Egham, Surrey, TW20 8RZ.

 

Definitions:

“Salvage Motorcycle”means a motorcycle offered for sale which has been declared an insurance total loss, and been given an ABI category (B, C or D), and in all cases is in an un-roadworthy condition.

“Reserve Price”         the minimum price at which Seller is prepared to sell the Salvage Motorcycle in question. Any offers to purchase or any bids below this amount shall NOT constitute valid offers and Seller shall be under no obligation to sell the said Salvage Motorcycle to Buyer unless Seller at his sole discretion elects to reduce the Reserve Price in which case a valid contract of sale will exist between Seller and Buyer.

 

“Winning Bid”            as defined in Clause 4 below.

 

“Banned Person”       a bidder who has previously contravened Seller’s Terms and Conditions or committed any unlawful acts in relation to bidding for, buying or using Salvage Motorcycles and who has consequently been banned from placing any bids in future auctions.

 

1.General Provisions

 

1.1        All Clause numbers shown in these Terms and Conditions refer to Clauses in these Terms and Conditions.

1.2        All references to gender are intended to include both male and female genders and bodies corporate.  References to “He”, “His” or “Him” for example should also be read as “She” or “Her”.

1.3        These Terms and Conditions represent the full agreement between Seller and Buyer and may not be modified in any way.

 

2. Description of Goods

Seller has taken care to describe and show Salvage Motorcycles as accurately as possible in all advertisements for sale. However, due to the nature of the Salvage Motorcycles offered for sale being accident damaged, salvage, stolen/recovered, or total loss Salvage Motorcycles, it may not be possible to fully describe or depict all relevant facts regarding the Salvage Motorcycle. Salvage Motorcycles may also have hidden damage that Seller is unaware of.  Unless explicitly stated, the Salvage Motorcycle is not in roadworthy condition.

 

All Salvage Motorcycles are sold with all faults and imperfections and errors of description.  Buyer should satisfy themselves prior to sale as to the description, age, completeness, operability, mileage, state and condition of each Salvage Motorcycle and should exercise and rely on their own judgment as to whether the Salvage Motorcycle accords with any description and/or suitability for the Buyer's purpose.  Where mileage is stated or shown in pictures, it should be considered to be incorrect unless expressly stated otherwise.

 

3. No Warranty

Seller accepts no responsibility whatsoever for any errors of description or for the genuineness or authenticity of any Salvage Motorcycle and no warranty is given by Seller to any Buyer in respect of any Salvage Motorcycle, and any express or implied or statutory conditions or warranties are excluded to the maximum extent permitted in law.  In choosing to bid for or to buy any Salvage Motorcycle, Buyer irrevocably accepts that Buyer alone is responsible for satisfying himself in regard the condition or safety of the Salvage Motorcycle he is bidding on and the suitability of the said Salvage Motorcycle for the purposes for which Buyer requires the Salvage Motorcycle, subject to Clause 15 below.

 

4. Buyer Inspection of the Salvage Motorcycle

Further to the provisions of Clause 2, Buyer is strongly advised to personally inspect the Salvage Motorcycle he is considering placing a bid for and/or seek professional guidance before making an offer as part of an auction or making any offer to purchase which is capable of acceptance by the Seller, however made. Therefore, for the avoidance of any doubt, in entering a bid to purchase a Salvage Motorcycle or making an offer to purchase a Salvage Motorcycle, which is capable of acceptance by Seller, you (Buyer) acknowledge the statements made in  Clauses 1,2 and 3 (Description of Goods, No Warranty and Buyer Inspection of the Salvage Motorcycle) and confirm that you (Buyer) have satisfied yourself as to the nature and condition of the Salvage Motorcycle before bidding or making an offer to purchase which is capable of acceptance by Seller.

 

 

5. Winning Bid

The winning bid shall be the highest bid correctly received by Seller before the closing time of the auction whether made through the online auction facility, by telephone to the designated telephone number of Seller or by any other means of communicating the bid as Seller may specify from time to time providing in all cases that any Reserve Price stipulated by Seller is exceeded by the bid and provided at all times that Buyer satisfies the Buyer Conditions stipulated in Clause 5 below.  Where Seller elects at his sole discretion to reduce any Reserve Price such that the Buyer’s bid now exceeds that Reserve Price a valid Winning Bid shall be deemed to have been made by Buyer.

 

6.  Buyer Conditions

In order to be eligible to bid on or purchase any of Seller’s Salvage Motorcycles Buyer must have correctly registered with Seller for the purposes of bidding on or buying any Salvage Motorcycle offered for sale by Seller.  All Buyers agree that in the event that they place the Winning Bid that they shall provide suitable Photo ID proof of identity and proof of current address by submission to Seller of a utility bill showing the Buyer’s name and the home address dated within 3 months preceding the date of the auction.  No Banned Person shall be eligible to bid on any auction or make a Winning Bid.  In the event that a Banned Person does make a bid that is the highest bid Seller shall discard that bid and the next highest bid in the auction shall be designated as the Winning Bid.

 

7.  Binding Contract

All Buyers submitting a Winning Bid irrevocably agree that a binding contract now exists with Seller for the purchase of the Salvage Motorcycle in question and commits to pay for and collect the said Salvage Motorcycle in accordance with Clauses 7 and 8 below.

 

8. Payment

Payment can be made by any of the options advertised on our website or sales portal. Payment shall be due before delivery or collection. If the payment method used by Buyer is unsuccessful Seller will contact you (Buyer) and give you (Buyer) the opportunity to provide an alternative payment method. If you (Buyer) cannot provide an alternative your order will be cancelled. No delivery or collection will be made or allowed by Seller until full payment has been received by Seller in cleared funds from Buyer.

 

VAT, where applicable, and any other applicable taxes shall be charged by Seller at the prevailing rate.

 

Where Buyer fails to make payment following a Winning Bid Buyer will be in breach of contract under these Terms and Conditions and Seller shall have the right to avail himself of any legal remedy to rectify such breach of contract.  Where Buyer fails to make payment in accordance with the timescales stipulated in these Terms and Conditions, Seller may apply interest to the purchase price at a rate of 4% above the prevailing bank base rate at Lloys TSB bank, or may cancel the Winning Bid and see the Salvage Motorcycle in question to another bidder in all cases at the Seller’s sole discretion.

 

9.  Collection

Collection of the Salvage Motorcycle may be made at any time agreed with the Seller. Buyer shall collect Salvage Motorcycle at their own expense, unless delivery, at additional cost, has been agreed by Seller.

 

Where Buyer does not collect the Salvage Motorcycle within 7 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, Seller may:

 

  1. charge storage fees equal to £18 per day for each day or part day in excess of 7 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, until the Salvage Motorcycle is collected by Buyer; and,

 

Where Buyer does not collect the Salvage Motorcycle within 14 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, Seller may (in addition to 3.A above):

 

  1. rescind the sale of the Salvage Motorcycle sold to the defaulting Buyer; and,
  2. resell the Salvage Motorcycle; and
  3. retain any deposit or part payment made by or received from Buyer for the Salvage Motorcycle.

 

10. Delivery

Where delivery is requested and paid for, delivery will be made to the address specified by the Buyer. This cannot be changed once the Salvage Motorcycle has been dispatched. If delivery cannot be made to your address for reasons under Seller’s security policies you (Buyer) will be informed as soon as possible. If you (Buyer) refuse the delivery of the Salvage Motorcycle for reasons under the Distance Selling regulations or you (Buyer) fail to take delivery because you (Buyer) have cancelled your contract under the Distance Selling Regulations, Seller will refund or re-credit you (Buyer) within 30 days for any sum that has been paid by you (Buyer) or debited from your credit card for the Salvage Motorcycle. By exercising your right to cancel you (Buyer) are required to return the Salvage Motorcycle to Seller. If you (Buyer) fail to return the Salvage Motorcycle to Seller, Seller reserves the right to deduct any costs incurred by retrieving the Salvage Motorcycle from you (Buyer). Every effort will be made to deliver the Salvage Motorcycle as soon as possible after your order has been accepted and paid for. However, Seller will not be liable for any loss or damage suffered by you (Buyer) through reasonable or unavoidable delay in delivery. In this event, Seller will inform you (Buyer) of any delay as soon as possible. Upon receipt of your order you (Buyer) will be asked to sign for the Salvage Motorcycle received. If you (Buyer) are unable to sign for the Salvage Motorcycle upon delivery, this will constitute a failed delivery and under no circumstances will the Salvage Motorcycle be left at the delivery address.

 

Where Buyer fails to arrange delivery of the Salvage Motorcycle within 7 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, Seller may:

 

  1. charge storage fees equal to £18 per day for each day or part day in excess of 7 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, until the Salvage Motorcycle is collected by Buyer; and,

 

Where Buyer fails to arrange delivery of the Salvage Motorcycle within 14 days from the end of an auction, or from the time that Buyer’s offer is accepted by Seller, Seller may (in addition to 4.A above):

 

  1. rescind the sale of the Salvage Motorcycle sold to the defaulting buyer; and,
  2. resell the Salvage Motorcycle;
  3. retain any deposit or part payment made by or received from Buyer for the Salvage Motorcycle.

 

Where delivery is attempted by Seller, but fails to be completed for reasons other than the act or omission of the Seller, Seller retains the right to charge Buyer a failed delivery charge, which shall be equal to the delivery charge. Where delivery is attempted by Seller, but fails on two occasions to be completed for reasons other than the act or omission of the Seller, then the remedies available to Seller shall be the same as if Buyer had failed to arrange delivery of the Salvage Motorcycle within 14 days from the end of an auction.

 

Delivery will not be initiated until all cleared funds are received for the full purchase price of the Salvage Motorcycle, which shall include delivery charges and any transaction fees, where applicable.

 

11. Title and Ownership

Risk in the Salvage Motorcycle will pass to you (Buyer) when you make a valid Winning Bid in any auction conducted by Seller , immediately at the end of the auction, or where acceptance is expressly made by Seller, where a Salvage Motorcycle is purchased other than via an auction. Ownership of the Salvage Motorcycle will pass to you (Buyer) when Seller has received cleared funds in full settlement of the purchase price.

 

12. Distance Selling Regulations

Where the sale falls under the Distance Selling Regulations, you (Buyer) have the right to cancel your contract within the timescales as follows:

 

  1. seven working days (not including weekends or bank holidays) after the day on which you (Buyer) receive the Salvage Motorcycle provided we have provided you (Buyer) the required written information (required under the Distance Selling Regulations) no later than the time the goods are delivered 
  2. seven working days from the day after the day on which you (Buyer) received the written information (required under the Distance Selling Regulations) and within three months of the Salvage Motorcycle being delivered, when the written information (required under the Distance Selling Regulations) is not provided to you (Buyer) at the time of delivery, or
  3.  three months and seven days from the day after the day you (Buyer) receive the Salvage Motorcycle if we do not give you (Buyer) the required written information (required under the Distance Selling Regulations) at all (or give it after the three month period mentioned above).

 

 "To cancel your contract in this time frame you (Buyer) must notify us in writing by post at Seller’s registered address stated in these Terms & Conditions."

 

Should you (Buyer) wish to cancel your contract after the Salvage Motorcycle has been delivered to you (Buyer), you (Buyer) will be responsible for returning the goods to Seller in the same condition as it was delivered, at your own cost. Please note that a Salvage Motorcycle returned with increased mileage constitutes a change of condition.  You (Buyer) will be credited for the Salvage Motorcycle within 30 days of receipt of goods by Seller.        

 

13. Refund Policy

If you (Buyer) are eligible for a refund, Seller will refund you (Buyer) back to the payment method you (Buyer) used when you (Buyer) originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you (Buyer) no longer have that account. Refunds can take up to 30 days to process.

If the product returned is not in the same condition as when it was delivered, Seller reserves the right to refuse a full refund on the Salvage Motorcycle. This does not affect your statutory rights.

 

14. Cherished Number Plates

Please note that any personal or cherished number-plates, may not be included in the sale unless stated to the contrary.

 

 

15. Warranties & Indemnities

For category B Salvage Motorcycles, Buyer warrants that (i) they hold an up-to-date Waste Management Licence and an EA ATF registration number, (ii) the Salvage Motorcycles will be broken for spare parts (in line with the current ABI Code of Conduct) and the Salvage Motorcycle will not be repaired and returned to the road, and (iii) the Salvage Motorcycle frame will be crushed or destroyed and the necessary Certificate of Destruction issued;

 

Buyer warrants that it will fully inform itself of all its obligations as a buyer of a Category B Salvage Motorcycle.

 

Buyer warrants that they will comply with all legal requirements as to the construction and use of the Salvage Motorcycle and for obtaining all certificates, permits or other authorisations necessary before that Salvage Motorcycle can be used on any road or elsewhere. For the avoidance of any doubt, NO Category B Salvage Motorcycles can ever be used on the road or elsewhere and Buyer warrants that he will not use any Category B Salvage Motorcycle in any illegal way.

 

Any overseas Buyer warrants that he complies with all laws and requirements of the country to which the Salvage Motorcycle is being taken.

 

Buyer warrants that they will make the necessary checks and carry out repairs (where legally permissible and not breaching any other warranty), seeking appropriate professional advice and expertise as necessary, to ensure that the Salvage Motorcycle is in roadworthy condition and is safe to operate before riding, operating or otherwise using the Salvage Motorcycle.

 

Buyer agrees to indemnify Seller and hold Seller harmless from and against all loss, liability, damages, claims, costs and, or expenses (including legal expenses or fines by any regulatory authority and any third party claims) incurred by Seller in connection with or, in the course of or, as a consequence of any breach of the warranties contained in this clause by the Buyer.

 

16. Limitation of Liability

Whether in contract, tort or by statute arising out of or in connection with this Agreement or its performance (whether caused by negligence or otherwise), Seller shall have no liability for loss or damage whether direct or indirect (including, but not limited to, any loss of profit, loss of sales, third party claims, loss of goodwill or reputation and loss of business or any consequential loss or damage) flowing from any breach. Nothing in these conditions excludes or limits the liability of Seller for death or personal injury caused by our negligence.

 

17. Force Majeure Neither Party to this agreement shall not be deemed to be in breach of these Terms and Conditions or otherwise liable to the other in any manner whatsoever for any failure, partial failure or delay in performing its obligations under this Agreement (other than breach of an obligation to make payment of any sums due under this Agreement) to the extent that the same is caused by Force Majeure. For the purposes of this Agreement "Force Majeure" means, in relation to either party, any circumstances beyond the reasonable control of that party including, without limitation, acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, acts of any governmental or super-national authority, war or national emergency, riots, civil commotion, fire, explosion, flood, severe weather conditions, epidemic, lock-outs, strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce) shortages of labour, materials and services and inability or delay in obtaining supplies.

 

18. Health & Safety

Seller reserves the right to refuse entry to any of its premises, either for the purpose of inspection or collection, by any individual. Notwithstanding this, any individuals including Buyers enter any premises of Seller at their own risk.

 

19. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to the laws of England and Wales and the English courts will have sole jurisdiction in respect of any dispute arising from the contract.

 

20. General

These Terms & Conditions may only be varied in writing and such variation will only be valid where signed by a Legal Director of Seller. Therefore no employee, staff member, or agent acting on behalf of Seller has the capacity or authority to vary or agree any variations to these terms, whether such representation or variation is made in writing or not.