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Terms and Conditions of Members
IMPORTANT This is a legal agreement between Dealer-Auction Ltd and the user ("you" or "your") of the used vehicle auction website at URL www.Dealer-Auction.com("Website"). Please read the following terms and conditions carefully.
1.1 In this agreement the following terms and phrases shall have the following meanings:
Advertisement Fee: shall mean the price the Seller shall pay for advertising his car on the Website, as set from time to time and located on the Website.
Annual Subscription Fee: shall mean the annual fee to be paid by the Bidder as membership of the Website, as set from time to time and located on the Website.
Bidder: shall mean the users who bid for the Goods on the auction.
Buyer: shall mean the Bidder who wins the auction.
Dealer-Auction Ltd: shall mean the company Dealer Auction Ltd registered at Companies House with company number 6676554 and registered office address Shaw House 1 - 3 Fowke Street, Rothley, Leicestershire, LE7 7PJ.
Goods: shall mean the vehicles for sale on the Website.
Membership Criteria: shall mean the criteria for the membership of the Website as stated on the Website.
Purchase Price: shall mean the price of the winning bid as bid by the Buyer.
Seller: shall mean the trade dealer who is advertising and selling the Goods on the Website.
Services: shall mean the advertisement of the Goods for sale on the Website and the bidding on the Goods for sale on the Website.
Terms: shall mean these terms and conditions.
Website: shall mean www.Dealer-Auction.com.
2. Status of these Terms
2.2 We may alter, vary or modify these Terms without your consent. We will however use reasonable endeavours to notify you of any changes made to these Terms. Should we fail to notify you of any amendments to these Terms you shall have no right to terminate this agreement or hold us liable for any loss suffered by you. You agree to check these Terms before you bid on the Goods and before you advertise Goods on the Website.
2.3 In the event of any conflict between any documents constituting the agreement between us the following order of precedence shall apply:
3.1 Should you wish to advertise Goods for sale on the Website you agree to the following:
a) You agree that you are the owner or have the right (licence) to use the pictures, logos and text used to advertise the Goods and that in uploading this intellectual property to our website you are providing us with a licence to use the same;
b) You are the owner of the Goods or have authority from the owner to sell the Goods in accordance with section 12 of the Sale of Goods Act 1979;
c) You agree to sell the vehicle should it reach or best its reserve price;
d) Should your vehicle successfully reach or best its reserve price or you accept an offer lower than the reserve price you agree to pay our Advertisement Fee.
e) You agree that the description of the Goods uploaded by you to the Website accurately describes the Goods; furthermore you agree to indemnify Dealer-Auctions Ltd against all claims, losses, damages in respect of the description of the Goods.
4.1 Full instructions on how to bid for the Goods and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions shall be subject to these Terms.
4.2 A bid may not be withdrawn after it is placed.
4.3 No person may submit a bid for the Goods which is less than the sum specified from time to time by Dealer-Auction Ltd in relation to those Goods.
4.4 To be the winning bid, the bid must be the highest bid of the auction and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be detailed alongside the description of the Goods prior to the commencement of each auction listing.
4.5 When you bid on the Goods you are agreeing to purchase those Goods for the price you bid in the event that you are the highest Bidder. Once a bid has been accepted you are legally bound to complete the transaction and pay the Purchase Price.
4.6 The successful Bidder must pay for the Goods within 72 hours, payment shall be made directly to the Seller and in accordance with their terms and conditions.
4.7 Title to the Goods shall pass when the successful Bidder pays for the Goods.
4.8 The Seller reserves the right to end an auction listing at anytime without prior notification to the Bidders however the Seller must immediately notify Dealer Auction Ltd (subject to clause 4.9 and 4.10).
4.9 In the event that the Seller ends an auction listing early which has met the reserve price (and fails to sell the Goods to the highest Bidder) the Seller shall be liable to pay the Advertisement Fee.
4.10 If you are the highest bidder and the reserve price is not met the Seller may contact you to accept or discuss your bid for the Goods.
4.11 Dealer-Auction Ltd 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.
4.12 If your bid is successful, the Seller will confirm by email or telephone together with dates and time for collection of the Goods and acceptable payment methods.
4.13 Dealer Auction Ltd is not obliged to assist in any disputes between Seller and Bidders.
4.14 Intelligent bidding allows you to submit your maximum bid on a vehicle listing and it will bid up to this figure on your behalf. If the maximum bid placed exceeds that of the reserve price set by the selling dealer the system will only take the reserve price figure and display a reserve met status on the vehicle listing. Bids will then increase up to your maximum bid as subsequent bids are placed.
5. Your Obligations
5.1 You agree to provide further information if required in relation to your registration.
5.2 Dealer-Auction Ltd reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership (as stated on the Website) of the Website or have otherwise breached these Terms.
5.3 It is your responsibility to notify us immediately of any changes to your registration details by emailing: firstname.lastname@example.org.
5.4 On registration you will be asked to select a username and password.
5.5 You are responsible for the use and security of your password and username and for ensuring compliance with these Terms.
5.6 You are responsible for keeping your password and username confidential and must notify us immediately if you suspect unauthorised use by any other third party.
5.7 In the event of a security breach, you will be given the ability to change your username and password which you must do immediately.
5.8 You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website.
5.9 You shall not allow authorised third parties to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
5.10 You shall not permit any person under the age of 18 to participate in an auction on the Website.
5.11 You will use your best endeavours to scan or remove any virus or any other contaminated or destructive features before submitting any other information to Dealer-Auction Ltd.
5.12 You agree that your membership of the Website is based on you complying with the terms of the Membership Criteria. Should Dealer-Auctions Ltd reasonably suspect that you do not fulfil the Membership Criteria Dealer-Auctions Ltd reserves the right to suspend and block your access to the Website and retain your Annual Subscription Fee.
6.1 The Seller shall make available the terms of delivery to the Bidder at the Bidders requested and or request of Dealer-Auctions Ltd who may make available the terms of delivery to the Bidders.
6.2 The Buyer shall at his own expense collect or make arrangements for the delivery of the Goods at his own expense.
6.3 The Goods shall only be collected or delivered (as appropriate) when the Seller has received clear funds of the Purchase Price.
6.4 The Buyer shall collect or have the Goods delivered in accordance with the terms of the Seller.
7.1 All Goods must be paid for in cleared funds in pounds sterling within 72 hours by agreement to the Seller as set out in the invoice for the vehicle.
7.2 In the event that payment is not received within 72 hours the Seller reserves the right to treat the bid as having lapsed and offer the Goods to other parties.
7.3 In the event that the Buyer fails to pay the purchase price in accordance with clause 7.1 the Buyer shall be liable for:
a) the full Purchase Price due to breach of contract; and/or
b) an administrative fee of £100 plus VAT being the cost to set up a new auction on behalf of the Seller and to deal with any complaints of the Seller.
7.4 You are responsible for complying with all legal requirements in relation to use and maintenance of the Goods.
7.5 The Seller and Buyer are responsible for obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere.
7.6 The Buyer shall be liable for any taxes arising with the supply of the Goods.
8.1 Nothing in these Terms shall operate to exclude or restrict either party's liability for:
a) Death or personal injury resulting from negligence;
b) Breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
f) Fraudulent misrepresentation.
8.2 You acknowledge that you have not relied upon any representation made to you by Dealer-Auction Ltd, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to auction.
8.3 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 accords with any description. None of the photographs or illustrations of Goods 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 subject to clause 8.1 above and except to the extent that such exclusion is otherwise prohibited by any law.
8.4 The Seller hereby agrees that he is liable for all information (including photos) that he uploads/provides to the Website including but not limited to any false or misleading information or photos.
8.5 The Seller agrees to indemnify Dealer-Auctions Ltd against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads (in accordance with clause 8.4) to the Website.
8.6 The Seller agrees to indemnify Dealer-Auctions Ltd against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the vehicles road worthiness and safety.
8.7 The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the car which results in a claim being made, the Seller is the correct defendant in this matter and not Dealer-Auctions Ltd.
8.8 Dealer-Auction Ltd shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
8.9 All the parties agree that Dealer-Auctions Ltd is acting solely as auctioneer and shall not be liable and shall not be deemed to have given any warranties in respect of the Goods or services supplied hereto.
9.1 You agree that should any liability to you arise, 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.
10.1 The Website and the content are provided on an "as is" and "as available" basis by Dealer-Auction Ltd.
10.2 Subject to the provisions of these Terms in relation to the purchase of Goods:
a) Dealer-Auction Ltd does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that Dealer-Auction Ltd is permitted by law;
b) Dealer-Auction Ltd excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out on these Terms;
c) Dealer-Auction Ltd shall not be liable to you or any third party resulting from any unauthorised access to the Website;
d) Dealer-Auction Ltd 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 or trojan horses and Dealer-Auction Ltd is not liable for any damage you may suffer as a result of such destructive features;
e) Dealer-Auction Ltd 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; and
f) Dealer-Auction Ltd is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
10.3 The parties agree that these warranties are reasonable and agree to be bound by them.
11. Data and Privacy
12. Changes to the Website
12.1 You agree that Dealer-Auction Ltd has the right to change the content or technical specifications of any aspect of the Website at any time at Dealer-Auction Ltd's sole discretion for the purposes of (but not limited to):
a) upgrading the software;
b) upgrading the Website content;
c) removing malicious software;
d) resolving/repairing any third party hacks;
e) improving the technical specifications of the Website;
f) general maintenance;
g) making reasonable alterations to the Website.
12.2 Dealer-Auction Ltd may have to suspend the operation of the Website from time to time for maintenance and required upgrades. You agree that such changes may result in you being unable to access the Website for a period of time and that Dealer-Auctions Ltd shall in no way be liable for any loss, claim, damages or other liability suffered to you as a result of you being unable to access this site in accordance with clause 12.1.
13. Intellectual Property
13.1 The Website including but not limited to text, content, software, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with Dealer-Auction Ltd, which is either owned by Dealer-Auction Ltd or licensed to it by third parties (Intellectual Property). 13.2 You will not acquire any rights or licences in or to the Intellectual Property on the Website.
13.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse, engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
13.4 Downloading the content is permitted by Dealer-Auction Ltd provided that:
a) You make no more than one printed copy of such download and no further copies of such printed copies are made;
b) You retain on such downloads and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices.
13.5 You agree that Dealer-Auction Ltd may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data/information you provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 generally.
14.1 Any notice shall be given by email to the email address provided on the registration form (for the time being: email@example.com) or such other address as is provided by you to Dealer-Auction Ltd.
14.2 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 in which case the e-mail is deemed not to have been delivered.
14.3 In the event that an email failed to be delivered in accordance with clause 14.2 all notices shall be sent to the parties registered office address (if applicable) or last known postal address for correspondence.
You may not assign your rights or delegate your duties under these Terms.
16.1 No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
16.2 You agree that Dealer-Auction Ltd provides an auction website (the Website) and shall in no way be party to the contract for the sale or purchase of the Goods by any member and furthermore, Dealer-Auctions Ltd shall under no circumstances be liable for any representation made on the Website.
No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law by Dealer-Auctions Ltd constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
If any provision in these terms and conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions, and the remainder of the provision in question, shall not be affected.
19. Third Party Rights
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.
20. Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
21. Entire Agreement
21.1 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.
21.2 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.