ALL BUYERS AGREE THAT THESE CONDITIONS ARE BINDING UPON THEM.
YOU ARE STRONGLY URGED TO READ THESE CONDITIONS BEFORE USING OUR BUYING PLATFORM.1. DEFINITIONS AND INTERPRETATION
- A. “Buyer” shall mean the person that has made the deposit and thus the purchase order for their vehicle of choice.
- B. “Inspection/Mechanical report” means a document, either prepared or to be completed, summarising the findings of an inspector commissioned by a buyer or seller and completed by a third party inspector.
- C. “Price” shall mean the price quoted onsite, which includes all fees, taxes, VRT and margins charged by UK CAR IMPORTS and any 3rd parties such as wholesalers, traders and transport companies to complete the purchase of the vehicle on a clients behalf.
- D. “Seller” includes any prospective seller ie owners of the vehicles listed on ukcarimports.ie.
- E. “Vehicle” includes every kind of motor car, motor cycle and motorised caravan and every kind of commercial, agricultural and other self-propelled vehicle and mechanical and electrical plant and equipment.
- F. The age of a vehicle shall be calculated by reference to the year in which the vehicle was first registered in the EU. Every reference herein, in any entry form or other document or by the auctioneer to “the age” of a vehicle shall be construed accordingly.
- G. The parties agree that in adjudging the accuracy of the description “no major mechanical defects” the age and, if warranted by UK CAR IMPORTS here after referred to as “UCI”, the mileage of the vehicle shall be taken into account.
- H. The headings to numbered Conditions do not form part of the Conditions.
- A. If UK CAR IMPORTS accepts a deposit on a vehicle we will ensure to identify any missing vehicle documents such as the V5C or service history if these documents are listed as present ahead of sale.
- B. In circumstances where a 3rd party providing the vehicle for sale advertises vehicle documents as available and they are not readily UK CAR IMPORTS will assist in guidance on how to replace these documents, however, will not accept liability for the consequences of a delay in the provision of these documents.
- A. The parties to the contract of sale are the buyer and the seller. UK CAR IMPORTS is not a party to the contract of sale and is not liable for any breach thereof by either the buyer or the seller.
- B. It shall be a term of the contract of sale that the buyer accepts the bodywork, the tyres, the exhaust, the battery and the upholstery of the vehicle with all damage and defects (if any) which an inspection of the interior and the exterior ought reasonably to reveal.
- C. It shall be a term of the contract of sale that the vehicle has not been treated by an insurance company as a total loss.
- D. Save when a vehicle is sold and purchased “as seen” ie no prior inspection and save to the extent that the seller announces facts which indicate the contrary it shall be a term of the contract of sale that the vehicle has not sustained serious accident damage, has not been used by the police or as a licensed hackney carriage and is in such a condition as to be lawfully used upon the road.
- E. herein it shall be a term of the contract of sale that any description applied to the vehicle:-
(1) by an inspectors report or any other document affixed to the vehicle by UCI prior to the purchase (save to the extent that such report or document is qualified or corrected by the seller);
is reasonably accurate.
- F. When a vehicle is described by the inspector or seller as having no major mechanical defects that description shall be construed as meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering and transmission of the vehicle.
- G. Save as aforesaid there shall be no term of the contract of sale, express or implied and whether implied by statute, common law, custom or otherwise as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the vehicle and the vehicle is sold on the basis that any other description of or representation concerning the vehicle, howsoever given and whether given in something published (by virtue of being associated with the vehicle or otherwise) or may be inaccurate.
- A. UK CAR IMPORTS undertakes and represents that:-
(1) each vehicle offered online for sale has been accepted by UK CAR IMPORTS on to the website in good faith;
(2) the seller has the absolute right to sell the unencumbered legal and beneficial interest in the vehicle;
(3) the vehicle’s mileage indicated by the odometer is accurate if but only if and to the extent if any that a vehicle history check is completed by an inspector or commissioned by a buyer;
(4) unless the seller discloses that a vehicle is or has been treated by an insurance company as a total loss and makes a statement to this effect where an inspection is completed by us or a commissioned history check by the buyer then the vehicle is not and has not been treated as a total loss by an insurance company;
(5) unless the vehicle is sold and purchased “as seen” ie without an inspection or mechanical report, the seller is obliged to reveal details of any major mechanical defect;
- B. In the event of any breach of the above undertakings and representations then UK CAR IMPORTS will be liable to the buyer in damages. UK CAR IMPORTS liability for such breach of the above undertakings and representations shall not exceed the price paid for the vehicle by the buyer and in the case of claims in respect of mileage shall be subject to any such claim being notified to UK CAR IMPORTS within 7 days of the contract of sale. Save as aforesaid UK CAR IMPORTS gives or makes no undertaking, representation or warranty with regard to any vehicle and no such undertaking, representation or warranty on the part of UK CAR IMPORTS or employees is given or made or is to be implied as to the age, mileage, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of any vehicle by virtue of anything contained in these Conditions or by reason of any one or more of the following:
(1) the fact that UK CAR IMPORTS has accepted the vehicle on the website;
(2) the fact that an inspection report or any other document has been completed for the vehicle or that any particular statement has been made in any such report or other document;
(3) the veracity of reports produced by any third party on behalf of the seller.
- A. If any undertaking, representation or warranty is found to have been given or made by UK CAR IMPORTS in good faith and as a result of:
(1) a fair and reasonable description based on the then appearance of the vehicle;
then such undertaking, representation or warranty shall be deemed to be given or made by the seller who shall indemnify UK CAR IMPORTS against any liability and costs therefor whatsoever and howsoever arising.
- B. If UK CAR IMPORTS shall incur any other liability in good faith and as a result of the matters aforesaid then the seller shall indemnify UK CAR IMPORTS in respect of that liability whatsoever and howsoever arising.
If or to the extent that any of these Conditions whether hereinbefore or hereinafter set out are Conditions to which any of the provisions of EU Regulations SI 27/1995 or the Supply of Goods and Services Act 1980 or any subsequent modification or re- enactment thereof apply then such Conditions shall be enforceable only to the extent permitted by those Regulations/Acts or their subsequent modification or re-enactment and these Conditions shall be construed accordingly.
A. The buyer agrees that if a vehicle:
(1) is in such a condition either by reason of its construction, the state of its brakes, steering, tyres, lighting equipment, reflectors or other parts that it is unroadworthy or cannot otherwise be used lawfully on a road;
(2) does not have a valid Department of Transport test certificate or plating certificate or any other certificate required by law; then the buyer will not use the vehicle on any road in the Republic of Ireland under its own power until it is roadworthy, can be used lawfully on the road and has all necessary certificates.
B. The buyer further agrees that if required to do so by UCI he will provide a written undertaking (in a form acceptable to UCI) to comply with all duties and obligations imposed on him in respect of the vehicle by the Road Traffic Act 1961, The Health and Safety at Work Act 2005, any subsequent modification or re-enactment of either Act or by any other legislation affecting the use of the vehicle. If the buyer fails to provide such an undertaking upon request UCI shall be entitled absolutely to cancel the contract of sale and any deposit which the buyer may have paid shall be forfeited. The vehicle shall then be deemed to be a vehicle which has not been sold and will be relisted for sale on the website.
A. The seller and the buyer agree that without prejudice to any other rights or remedies which the buyer may have against the seller UCI shall be entitled to and will accept rescission of the contract of sale provided that the conditions set out at B herein are met and that the buyer wishes to rescind on one or more of the following grounds, namely that:-
(1) the vehicle has been treated by an insurance company as a total loss but not disclosed by our inspector or the history check commissioned by the buyer;
(2) the vehicle was not sold and purchased “as seen” ie without any mechanical inspection report and:-
i) the vehicle was used by the police or was used as a licensed hackney carriage but this fact was not announced by the auctioneer; or,
(ii) the seller materially misrepresented the condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission of the vehicle in the 3rd party mechanical inspection report; or,
(iii) the mileage was announced by the auctioneer and stated to be accurate but was not reasonably accurate; or,
(iv) the age of the vehicle was misrepresented.
B. The conditions which have to be met are that:
(1) the buyer has not effected any sub-sale of the vehicle;the buyer has delivered the vehicle and written notice of his claim to us by email within 5 working days of handover, time being of the essence;
(2) when written notice is given the buyer is not in breach of any obligation as to payment;
(3) in the opinion of our inspector, where relevant (which opinion he shall be deemed to give in the capacity of an expert and not as an arbitrator) the grounds or any of them specified by the buyer are substantially correct.
C. When the buyer relies on A(1) herein (vehicle treated as insurance total loss) or A(2)(iii) herein (mileage) written notification of the claim must be delivered by no later than 5 pm on the fifth day (excluding any Sunday) after the date of handover. When the buyer relies on A(2)(iv) herein (age) written notification of the claim must be delivered by no later than 5 pm on the third day (excluding any Sunday) after the handover. In any other case written notification must be delivered by no later than 1 hour after the handover.
D. UCI shall have an absolute discretion to waive all or any of the conditions set out at B herein.
E. UCI shall be under no liability to the seller by reason of the fact that there has been rescission pursuant to this Condition.
- A. UCI shall be entitled to refuse a seller’s/buyer’s request for an inspector’s report but subject to that right and in consideration of the charge for the time being applicable when requested to do so by the seller/buyer shall cause an inspector to inspect and report upon a vehicle on behalf of the seller.
- B. The inspector shall use reasonable skill and care.
- C. For the purpose of these Conditions an inspector’s report shall be deemed to be a document supplied to UCI by the seller/buyer. UCI shall not incur any liability to the buyer as a result of any inaccuracy in the inspector’s report or of any publication based thereon but shall indemnify the seller if the seller incurs any liability to the buyer as a result of a failure on the part of the inspector to exercise reasonable skill and care.
- D. When an inspector’s report has been commissioned either by a third party inspector or our own UCI shall send a copy of the report to the buyer and is entitled to publish this report on the website.
- E. The seller and the buyer agree that without prejudice to any other rights and remedies which the buyer may have against the seller shall be entitled to and will accept rescission of the contract of sale or (if the amount of the refund can be agreed by the buyer and a director of UCI) will refund to the buyer such part of the purchase price as is in the circumstances reasonable if:
(1) in the opinion of a UCI director a statement made in the engineer’s report was materially inaccurate with regard to the condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission; and,
(2) within 1 hour of the handover appointment the buyer delivers back to UCI the vehicle, its keys and all documents supplied to the buyer.
- F. UCI shall have an absolute discretion to waive the time-limit in Condition E(2) herein.
- G. As UCI will process the return of the vehicle to the seller the refund may take up to 30 days, as a 3rd party to the sale a processing fee will apply.
- H. UCI may decide to correct the discrepant issue from the inspectors mechanical or condition report in the circumstance where a return is not accepted by the seller. Tyres and windscreens will not be covered, under any circumstances, in the guarantee offered in the inspection reports
- A. UCI shall maintain a list of charges which it shall be at liberty to vary from time to time and that list shall include the car buyer fee, website charge fee, currency exchange charge, transport handling fee, VRT display charge fee, the service charge for VRT processing, warranty margin and the charge for the inspector’s report.
- B. UCI shall be entitled to charge a wholesale margin on the price quoted by the seller when a buyer purchases a vehicle through our service.
- C. UCI shall be entitled to charge an intellectual property fee for the provision of VRT per vehicle either as part of or separate from the price quoted.
- D. The seller shall be liable to pay to UCI any charge due for processing the sale on their behalf, commission or other sums due to UCI whether or not payment is received from the buyer.
- E. UCI shall be entitled to charge a parking/storage fee on notification of the buyer or seller.
- A. The property in the vehicle shall not pass to the buyer until the price has been paid to UCI and any postal order or other instrument tendered in payment has been cleared. Until property passes the seller reserves the right to dispose of the vehicle.
- B. If any cheque given by the buyer is not honoured on first presentation the seller (without prejudice to his other rights) shall be entitled to enter upon any premises of the buyer to repossess the vehicle.
- A. At all times from the delivery of a vehicle to UCI whether at the premises or elsewhere until the vehicle is sold or removed by the seller (including any time during which the vehicle is being tested or demonstrated on the premises, a public highway or elsewhere) the vehicle is at the risk of the seller. From the time when a vehicle is sold it is at the risk of the buyer.
- B. A vehicle, which is not removed from the our premises by close of business on the third day after notification of delivery may thereafter incur a parking fee at such daily rate as is stated by email as being then applicable sum hereunder and UCI shall have a lien on the vehicle in respect of any unpaid parking fees.
- A. The price must be paid by the buyer to UCI.
- B. The deposit payment must be made in advance of a purchase order and is determined in amount by the price of the vehicle to be purchased as outlined on the website and in guidance pre-sale. The deposit must be made one day in advance of the purchase of a vehicle on behalf of a buyer. The deposit should only be made after a decision to buy not before.
- C. Buyers can choose, for a fee, to pay on collection, following an initial viewing or test drive. This pay option is explicitly explained in the Frequently Asked Questions, in brief, the obligation by the buyer to pay remains unless and until a significant issue with the vehicle is investigated by a UCI mechanic and the issue, if any, is beyond reasonable repair.
- D. Failure to complete the sale outside the explicit conditions set out in condition 13 C may result in the loss of the deposit in total and the pursuit of the buyer in the courts for settlement of the remainder of the balance due.
- A. UCI shall not be obliged to pay the price or any deposit to the seller unless and until UCI has received the price or any such deposit and any cheque given in respect thereof has been cleared.
- B. UCI shall be entitled to deduct from or set off against any payment made to the seller any debt due from the seller to UCI and any unliquidated claim which UCI may have against the seller.
- C. The seller agrees that if UCI in fact pays to the seller the price less any deductions authorised by B herein before the price has been paid to UCI or before any cheque or other instrument given in respect thereof has been cleared then the seller’s title to the vehicle and all the seller’s rights arising under and in connection with the contract of sale shall forthwith be transferred to UCI. If requested to do so the seller will execute a legal assignment to UCI of the seller’s title and the said rights.
- D. If UCI has reasonable grounds to believe:
(1) that the seller was not entitled to sell the vehicle; or
(2) that the seller should have notified UCI in the sales process or otherwise that he was not the owner of the vehicle but failed to do so; or
(3) that any facts which the seller notified to UCI in the sales process or otherwise concerning the ownership of the vehicle were inaccurate;
then UCI shall be entitled to withhold any sum which would otherwise be payable by UCI to the seller until the seller establishes to the satisfaction of UCI that the seller was not in breach of any express or implied term of the contract of sale and if the same is not established within a reasonable time:-
(a) to retain any such sums until all questions of title have been resolved;
(b) to pay any such sums to anyone who to the reasonable satisfaction of UCI establishes title to the vehicle;
(c) to interplead and to pay any such sums into Court.
- E. In the event that UCI becomes liable to pay interest to any person by reason of the fact that UCI retained any such sums as aforesaid UCI shall be entitled to recover such interest from the seller.
A. If any cheque given to UCI by the buyer is not honoured on first presentation or if the buyer has in any way failed to comply with his obligations to pay for the vehicle UCI shall be entitled but not obliged:-
(1) to sue in UCI’s own name on the cheque or for the price;
(2) to re-present any cheque;
(3) without prejudice to any other rights which the seller may have against the buyer for breach of contract or otherwise forthwith as agent for the seller to treat the contract as having been discharged by the buyer’s breach thereof;
(4) to exercise in UCI’s own name by action or otherwise all the seller’s rights to determine or avoid the contract and/or to recover the vehicle from the buyer or from anyone to whom the buyer may have disposed of the vehicle and/or to claim the price or damages from the buyer;
(5) to re-sell the vehicle.
- B. When notice to the buyer is necessary to determine, avoid or rescind the contract such notice shall be deemed to be given effectively if contained in an email sent to an email address recorded for the buyer during the pre-sale process or invoice whether or not the email containing such notice is returned to UCI by the mail server and, if the contract is avoided on the ground of fraud, such notice shall also be deemed to have been given effectively if the garda are given notice of the buyer’s fraud.
- C. If, through no fault of UCI, the buyer fails to remove the vehicle from the our premises by the expiration of 14 days from the date when the buyer first became entitled to remove the vehicle UCI shall be entitled to charge storage fees for the vehicle, unless otherwise agreed. After 90 days without agreement UCI reserves the right to sell the vehicle at its own discretion, without limitation to ensure an expedient sale.
- D. UCI shall apply the re-sale price to discharge the following debts in the following order:-
(1) the entry fee, commission and any other charges due to UCI on the re-sale;
(2) parking fees, if any, owed to UCI;
(3) any sum due under the original contract of sale.
The balance of the re-sale price, if any, shall be paid to the buyer if property in the vehicle has passed to him but shall otherwise be paid to the seller or, where the seller’s rights have been transferred to UCI, shall be retained by UCI. Save to the extent that the application of the re-sale price has discharged his liability the original buyer shall remain liable in respect of any sum owed to UCI or to the original seller under the original contract of sale or otherwise.
- A. UCI reserves to itself the following rights which it may exercise without any reason being given, namely the rights:
(1) to refuse to allow any person to enter purchase through our online service;
(2) to provide either party to the contract of sale with the name and address of the other party in the case of any dispute;
- B. If before UCI has parted with possession of a vehicle a claim is made against UCI arising out of or connected in any way with the title of the seller or his authority to sell or authorise sale UCI shall be entitled absolutely but not obliged to retain the vehicle pending the resolution of such claim and/or to refund any money paid to UCI by the buyer.
- A. All buyers will be charged a buyers fee, which shall be payable to UCI and which will be charged on the price, in respect of services provided by UCI to the buyer.
- B. It is a condition of the contract of sale or the private treaty sale in respect of a vehicle that when the buyer pays the price or the balance of the price of the vehicle he shall also pay to UCI the buyers fee then applicable.
- C. It is a condition of the contract of sale or the private treaty sale in respect of a vehicle that if the buyers fee is not paid as aforesaid the buyer shall not be entitled to remove the vehicle from the auction premises, shall be deemed for all purposes to have failed to pay the price in full and shall be liable to UCI and the seller accordingly.
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The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
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