Terms & Conditions
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ANY ORGANISATION ENTERING THIS WEBSITE AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. AUCTIONS ACCESSED THROUGH THIS WEBSITE ARE FOR USE BY ORGANISATIONS RESIDENT IN THE UNITED KINGDOM ONLY.
“Auction” shall mean the auction for second hand vehicles run by Europcar through the website www.2ndmove.co.uk;
“Bidder” shall mean the business or representative of the business, with the authority to bind the business, entering into this Auction.
“Europcar” shall mean Europcar Group UK Limited, whose registered office is situated at James House, 55 Welford Road, Leicester, LE2 7AR or any other company in the Europcar Group UK Limited. “Buyer” shall mean the maker of the Winning Bid.
“Engineer” shall mean any person nominated by Europcar for the purpose of inspecting Vehicles.
“Engineer’s Report” shall mean a document, affixed to a Vehicle before it is auctioned, summarising the findings of an Engineer commissioned under Clause 16 to report on the Vehicle.
“Price” shall mean the price payable by the Buyer for the Vehicle, which shall be based upon the Winning bid for any Vehicles sold (and which shall include any VAT) and in addition to the Winning Bid any other charges payable in respect of the Vehicle where stipulated.
“Road Fund Licence” shall mean vehicle tax.
“Vehicle” shall mean every kind of motor car and van available for sale or sold through the Auction.
“Winning Bid” shall mean the highest bid to be registered that exceeds the reserve price (if any), meets the terms and conditions herein or any terms and conditions specific to that Auction, and is accepted in accordance with this Agreement.
Words importing the singular include the plural and vice versa and words importing gender include any other gender.
Any reference to a statutory provision includes a reference to that provision as from time to time amended, extended or re-enacted and any regulation, order, direction, byelaw, permission, licence, consent, condition or scheme made pursuant to it.
The rights and remedies provided herein are cumulative.
This Agreement constitutes the entire agreement between the Buyer and Europcar and supersedes and cancels any previous understandings, commitments, agreements and representations of whatsoever nature whether oral or written, express or implied, in relation to the contents hereof.
The failure or delay by either party to this Agreement in enforcing against the other party any term or condition of this Agreement or the partial exercise by either Party of any rights hereunder shall not be deemed to be a waiver of any right of that Party under this Agreement.
If any term of this Agreement is or becomes invalid or unenforceable, then it shall not affect the validity or enforceability of the remainder of the Agreement. Invalid or unenforceable terms will be deleted from this Agreement and the Parties shall, if possible, agree a valid and enforceable term in substitution.
1.2 The information provided during the registration process will be used for the purpose of the Auction and to provide details of the new registered owner to the Driver Vehicle License Agency only and for no other purpose.
1.3 If the Bidder is registering on behalf of a business entity, the Bidder represents and warrants that the Bidder has the authority to bind the entity to these Terms and Conditions. Without prejudice to this warranty, Europcar reserves the right to ask the Bidder for written authority from the business entity before registering any Bidder.
1.4 the Bidder agrees to ensure that the Bidder’s registration details are up to date and accurate and agree to update any details when necessary.
1.5 the Bidder warrants, represents and undertakes to Europcar that all the information provided by the Bidder on the registration form is true and accurate.
1.6 Europcar reserves the right (in its absolute discretion) to refuse any application to register and access the Auction and to temporarily or permanently suspend any registered members.
1.7 If the Bidder is accepted for registration the Bidder is solely responsible for keeping the user name and password secure and confidential. The Bidder must not disclose, share display or allow the user name or password to be disclosed to any other person within the Bidder’s organisation.
1.8 The Bidder is responsible for reading the full item listing before making a bid or commitment to buy.
1.9 The Bidder enters into a legally binding contract to purchase an item when the Bidder commits to buy an item, or achieves the Winning Bid (or if the Bidder’s bid is otherwise accepted); “Contract of Sale”.
2.1 In order to purchase a Vehicle through the website:
2.1.1 Enter the information requested in the online form, including the brand and model of the vehicle and any other useful information, such as price, mileage, the color etc, and then click on the "SEARCH" icon.
2.1.2 If one or more of the Vehicles available meet the selected criteria, these Vehicles will be displayed.
2.1.3 If you wish to place a bid for a Vehicle then enter your bid where indicted (“Declared Bid”);
2.1.4 Declared Bids are binding on the Bidder and constitute a legal offer to buy the Vehicle from Europcar. Declared Bids cannot be retracted or amended.
2.1.5 If two participants offer the same bid, the first bid received will become the highest bid and if a higher bid is subsequently offered then the existing bid will be immediately outbid until a Winning Bid is achieved at the end of the Auction. For the avoidance of doubt, where a Vehicle is subject to a reserve and the Auction ends without the reserve being achieved, there will be no Winning Bids for the purposes of purchasing a Vehicle and Europcar shall be free to relist the Vehicle in a separate Auction.
2.1.6 Bids can be submitted automatically. In order to do so, the Bidder may activate the Auction Agent (see the website for more details) by entering the maximum amount the Bidder is willing to bid. The Agent will offer bids on the Bidder’s behalf until the earlier of achieving the Winning Bid (prior to the Bidder’s limit being exceeded), or reaching the limit the Bidder has set.
2.2 Subject to clauses 2.3, 2.4, 2.5 2.6, 2.7, 2.8, and 2.9 below, a contract of sale shall be made and a Vehicle shall be sold only when an Auction closes. If the Bidder achieves the Winning Bid, the Bidder will receive a confirmation email detailing the purchase. The confirmation e-mail constitutes the acceptance of the Bidders offer and creates a contract between the Bidder and Europcar. Europcar therefore recommends that the Bidder checks that the confirmation email has been received and contact customer service in the case of non-receipt.
2.3 Europcar may, without giving any reasons, refuse to accept any bid and may regulate the bidding generally as Europcar sees fit.
2.4 Whether or not there is a reserve price, Europcar may withdraw a Vehicle at any time before an Auction closes if in its opinion the bidding does not reach a reasonable level or if in its opinion there are other reasonable grounds for withdrawing the Vehicle.
2.5 The Buyer shall be the maker of the highest bid accepted by Europcar (which for the avoidance of doubt will need to match or exceed any reserve price placed on the Vehicle). The Price shall be the amount of the accepted highest bid.
2.6 Europcar’s decision (for which no reason need be given) shall be final in the event of:-
2.6.1 any dispute arising during the bidding; or
2.6.2 a dispute arising after the Auction closes with regards to what bids were made or by whom.
2.7 Europcar shall have an absolute discretion to cancel the Auction and to re-auction the Vehicle either during the same or a subsequent auction following any dispute as stipulated in clause 2.6 above.
2.8 In the event that Europcar exercises the discretion to cancel the contract (as referred to at clause 2.7 above) the Buyer shall not be entitled to rely on the original contract of sale for any purpose whatsoever save that the Buyer shall be entitled to the return of any money which he may have paid for that sale.
2.9 Europcar reserves to itself the following rights which it may exercise without any reason being given, namely the right:
2.9.1 to refuse to allow any person to enter the Auction website;
2.9.2 to allocate lot numbers to Vehicles as Europcar sees fit and to Auction Vehicles in such order and at such times as Europcar sees fit.
2.10 If, before Europcar has parted with possession of a Vehicle, a claim is made against Europcar arising out of or connected in any way with Europcar or its authority to sell or authorise the sale of a Vehicle, Europcar 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 Europcar by the Buyer. Europcar shall have no further liability to the Buyer in respect of such event.
3.1 All Vehicles will be auctioned with a reserved price.
3.2 The Vehicle will not be sold unless the highest bid is no less than the reserve price (save if Europcar otherwise authorises a sale during the bidding).
3.3 Europcar shall not be obliged to announce any details regarding the reserve price of a Vehicle, other than to specify that the Vehicle has been withdrawn because it has not reached the reserve price.
4.1 Vehicles will rarely be in perfect condition, and are likely, due to their nature and age, to show signs of wear and tear, damage and other imperfections.
4.2 Europcar will post up to date photographs of the Vehicles on this website.
4.3 The age of a Vehicle shall be calculated by reference to the first registration of the Vehicle in the United Kingdom and every reference to “the age” of a Vehicle shall be interpreted accordingly. The parties agree that in adjudging the accuracy of the description “no major mechanical defects”, the age and the mileage of the Vehicle shall be taken into account.
4.4 Whilst care is taken to ensure the accuracy of any details concerning the Vehicles, subject to clause 7 below, Vehicles are sold on an ‘as seen’ in the photographs basis. Unless otherwise detailed in the Auction and subject to clause 7 below, no sale shall be invalidated by reason of any ambiguity in a photograph and Europcar shall incur no liability to any person or persons in respect of the same.
5.1.1 Europcar shall be under no obligation to procure, deliver or produce any document or certificate to which the statement relates;
5.1.2 if any document or certificate to which the statement relates subsequently comes into the possession of Europcar the only obligation on Europcar shall be to post the same to the Buyer at an address recorded for him in the entry form or invoice.
6.1 No Vehicle will be auctioned with a Road Fund Licence.
6.2 The Buyer agrees that the Vehicle will be not be used on any road or removed from the storage premises until it has the required Road Fund Licence.
7.1 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) as shown in the photographs as detailed in clause 4.
7.2 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 except where Europcar announces to the effect that it was or was treated as a total loss.
7.3 Except when Europcar states to 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 as a licensed hackney carriage and has a valid MOT certificate.
7.4 When a Vehicle is described by Europcar 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.
7.5 Except as stated in this Agreement there shall be no term of the Contract Of Sale, express or implied (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.
8.1 Europcar undertakes and represents that:-
8.1.1 each Vehicle offered at the Auction has been done so by Europcar in good faith;
8.2.1 it has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
8.3.1 the Vehicle's mileage indicated by the odometer is accurate;
8.4.1 unless Europcar states otherwise the Vehicle has not been treated by an insurance company as a total loss;
8.2 In the event of any breach of the above undertakings and representations then Europcar’s maximum liability for such breach 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 Europcar within 7 days of the Contract Of Sale.
9.1 The Buyer agrees that if a Vehicle:
9.1.1 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;
9.1.2 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 or remove it from the storage premises under its own power until it is roadworthy, can be used lawfully on the road and has all necessary certificates.
10.1 Where instructed by Europcar, the Engineer shall use reasonable skill and care to produce an Engineer Report concerning the Vehicle.
10.2 Europcar may affix a copy of any Engineer’s Report to the Vehicle before it is Auctioned and shall be entitled (but not obliged) to announce during the Auction the fact that an Engineer's report has been commissioned.
10.3 The Buyer agrees that Europcar shall be entitled to and will accept rescission of the contract of sale or will refund to the Buyer such part of the Price as is in the circumstances reasonable if:
10.3.1 in the opinion of Europcar 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,
10.3.2 within 5 days after collection of the Vehicle the Buyer delivers to Europcar the Vehicle, its keys and all documents supplied to the Buyer.
10.4 Europcar shall have an absolute discretion to waive the time-limit in Clause10.3.2.
10.5 In the event that the contract is rescinded as above the Engineer's Report shall be reviewed and updated and the Vehicle shall be re-auctioned.
11.2 Unless Europcar has agreed to deliver the Vehicle, the Buyer will collect the Vehicle within a reasonable time of making payment for the Vehicle (in accordance with clause 13.2 below) and in any event within the time scales agreed between the parties in writing.
12.1 Risk in the Vehicle will pass to the Buyer at the point the contract of sale is made in accordance with clause 11.1 above.
13.2 The Price must be paid by the Buyer to Europcar by bank transfer by no later than three working days after the Auction or within any other payment terms as agreed between the parties in writing.
13.3 If the funds (equivalent to the Price) have not been received by Europcar or if the Buyer has in any way failed to comply with his obligations to pay for the Vehicle Europcar shall be entitled (but not obliged) to:-
13.3.1 sue for the Price;
13.3.2 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 and/or damages from the Buyer;
13.3.3 re-auction the Vehicle;
13.3.4 restrict or forbid any further access by the Buyer to the website.
13.4 When notice to the Buyer is necessary to determine, avoid or rescind the contract such notice shall be deemed to be given effectively if:
13.4.1 it is contained in a letter posted to the address for the Buyer (as provided pursuant to clause 1.1 above) whether or not the letter containing such notice is returned to Europcar; and/or
13.4.2 if the contract is avoided on the ground of fraud, such notice shall also be deemed to have been given effectively if the police are given notice of the Buyer's fraud.
14.1 If, through no fault of Europcar, the Buyer fails to remove the Vehicle from the Auction premises by the expiration of 14 days from the date when the Buyer first became entitled to remove the Vehicle, or such other period as is agreed between the parties in writing, Europcar shall be entitled to re-auction the Vehicle.
14.2 When a Vehicle is re-auctioned pursuant to clauses 13.3.3 and 14.1 above:-
14.2.1 if the Vehicle is more than 5 years old or was originally sold “as seen” it will be sold “as seen”;
14.2.2 in any other case Europcar will have an absolute discretion to sell the Vehicle on the basis of the original entry form or “as seen”.
15.1 Nothing in this Agreement will limit or exclude Europcar’s liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
15.2 Subject to 15.1, Europcar excludes all liability (whether implied or express) for:
15.2.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
15.2.2 any special or indirect losses, suffered either directly or in connection with this Agreement; and
15.2.3 any loss or goodwill or reputation.
15.3 Subject to clauses 15.1 and 15.2 above, Europcar’s maximum liability under this Agreement to a Buyer shall not in any event exceed the Price paid for the Vehicle.
16.1 Given the nature of the internet, Europcar cannot guarantee the availability of the website or access to an Auction. Europcar accepts no responsibility and offers no warranty that access to the website will be uninterrupted, error-free, timely, that the server or the site which makes the website available is free from bugs and/or viruses or that the website will meet the Buyer’s requirements.
18.1 If, or to the extent, that any of these Clauses (whether herein before or hereinafter set out) are Clauses to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Clauses shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Clauses shall be construed accordingly.
19.1 This entire Agreement shall to be deemed to be formed and made in England and Wales and shall be read and construed according to English Law and be enforceable in the English courts.
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Terms and conditions of the auction sales
Terms and Conditions of Purchase through Europcar Auctions
ANY ORGANISATION ENTERING THIS WEBSITE AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. AUCTIONS ACCESSED THROUGH THIS WEBSITE ARE FOR USE BY ORGANISATIONS RESIDENT IN THE UNITED KINGDOM ONLY.
A) DEFINITIONS
“Agreement” shall mean these online terms and conditions governing the use of this website and the participation in an Auction.“Auction” shall mean the auction for second hand vehicles run by Europcar through the website www.2ndmove.co.uk;
“Bidder” shall mean the business or representative of the business, with the authority to bind the business, entering into this Auction.
“Europcar” shall mean Europcar Group UK Limited, whose registered office is situated at James House, 55 Welford Road, Leicester, LE2 7AR or any other company in the Europcar Group UK Limited. “Buyer” shall mean the maker of the Winning Bid.
“Engineer” shall mean any person nominated by Europcar for the purpose of inspecting Vehicles.
“Engineer’s Report” shall mean a document, affixed to a Vehicle before it is auctioned, summarising the findings of an Engineer commissioned under Clause 16 to report on the Vehicle.
“Price” shall mean the price payable by the Buyer for the Vehicle, which shall be based upon the Winning bid for any Vehicles sold (and which shall include any VAT) and in addition to the Winning Bid any other charges payable in respect of the Vehicle where stipulated.
“Road Fund Licence” shall mean vehicle tax.
“Vehicle” shall mean every kind of motor car and van available for sale or sold through the Auction.
“Winning Bid” shall mean the highest bid to be registered that exceeds the reserve price (if any), meets the terms and conditions herein or any terms and conditions specific to that Auction, and is accepted in accordance with this Agreement.
B) INTERPRETATION
The headings to numbered clauses are used for ease of reference only, do not form part of the Agreement and have no legal significance.Words importing the singular include the plural and vice versa and words importing gender include any other gender.
Any reference to a statutory provision includes a reference to that provision as from time to time amended, extended or re-enacted and any regulation, order, direction, byelaw, permission, licence, consent, condition or scheme made pursuant to it.
The rights and remedies provided herein are cumulative.
This Agreement constitutes the entire agreement between the Buyer and Europcar and supersedes and cancels any previous understandings, commitments, agreements and representations of whatsoever nature whether oral or written, express or implied, in relation to the contents hereof.
The failure or delay by either party to this Agreement in enforcing against the other party any term or condition of this Agreement or the partial exercise by either Party of any rights hereunder shall not be deemed to be a waiver of any right of that Party under this Agreement.
If any term of this Agreement is or becomes invalid or unenforceable, then it shall not affect the validity or enforceability of the remainder of the Agreement. Invalid or unenforceable terms will be deleted from this Agreement and the Parties shall, if possible, agree a valid and enforceable term in substitution.
1 REGISTRATION
1.1 In order to participate in an Auction the Bidder is required to register as a member. In order to register the Bidder will need to create a “My2ndMove” account on www.2ndmove.co.uk by completing the necessary forms and providing the required information. Registration is free.1.2 The information provided during the registration process will be used for the purpose of the Auction and to provide details of the new registered owner to the Driver Vehicle License Agency only and for no other purpose.
1.3 If the Bidder is registering on behalf of a business entity, the Bidder represents and warrants that the Bidder has the authority to bind the entity to these Terms and Conditions. Without prejudice to this warranty, Europcar reserves the right to ask the Bidder for written authority from the business entity before registering any Bidder.
1.4 the Bidder agrees to ensure that the Bidder’s registration details are up to date and accurate and agree to update any details when necessary.
1.5 the Bidder warrants, represents and undertakes to Europcar that all the information provided by the Bidder on the registration form is true and accurate.
1.6 Europcar reserves the right (in its absolute discretion) to refuse any application to register and access the Auction and to temporarily or permanently suspend any registered members.
1.7 If the Bidder is accepted for registration the Bidder is solely responsible for keeping the user name and password secure and confidential. The Bidder must not disclose, share display or allow the user name or password to be disclosed to any other person within the Bidder’s organisation.
1.8 The Bidder is responsible for reading the full item listing before making a bid or commitment to buy.
1.9 The Bidder enters into a legally binding contract to purchase an item when the Bidder commits to buy an item, or achieves the Winning Bid (or if the Bidder’s bid is otherwise accepted); “Contract of Sale”.
2 THE CONDUCT OF THE AUCTION
2.1 In order to purchase a Vehicle through the website:2.1.1 Enter the information requested in the online form, including the brand and model of the vehicle and any other useful information, such as price, mileage, the color etc, and then click on the "SEARCH" icon.
2.1.2 If one or more of the Vehicles available meet the selected criteria, these Vehicles will be displayed.
2.1.3 If you wish to place a bid for a Vehicle then enter your bid where indicted (“Declared Bid”);
2.1.4 Declared Bids are binding on the Bidder and constitute a legal offer to buy the Vehicle from Europcar. Declared Bids cannot be retracted or amended.
2.1.5 If two participants offer the same bid, the first bid received will become the highest bid and if a higher bid is subsequently offered then the existing bid will be immediately outbid until a Winning Bid is achieved at the end of the Auction. For the avoidance of doubt, where a Vehicle is subject to a reserve and the Auction ends without the reserve being achieved, there will be no Winning Bids for the purposes of purchasing a Vehicle and Europcar shall be free to relist the Vehicle in a separate Auction.
2.1.6 Bids can be submitted automatically. In order to do so, the Bidder may activate the Auction Agent (see the website for more details) by entering the maximum amount the Bidder is willing to bid. The Agent will offer bids on the Bidder’s behalf until the earlier of achieving the Winning Bid (prior to the Bidder’s limit being exceeded), or reaching the limit the Bidder has set.
2.2 Subject to clauses 2.3, 2.4, 2.5 2.6, 2.7, 2.8, and 2.9 below, a contract of sale shall be made and a Vehicle shall be sold only when an Auction closes. If the Bidder achieves the Winning Bid, the Bidder will receive a confirmation email detailing the purchase. The confirmation e-mail constitutes the acceptance of the Bidders offer and creates a contract between the Bidder and Europcar. Europcar therefore recommends that the Bidder checks that the confirmation email has been received and contact customer service in the case of non-receipt.
2.3 Europcar may, without giving any reasons, refuse to accept any bid and may regulate the bidding generally as Europcar sees fit.
2.4 Whether or not there is a reserve price, Europcar may withdraw a Vehicle at any time before an Auction closes if in its opinion the bidding does not reach a reasonable level or if in its opinion there are other reasonable grounds for withdrawing the Vehicle.
2.5 The Buyer shall be the maker of the highest bid accepted by Europcar (which for the avoidance of doubt will need to match or exceed any reserve price placed on the Vehicle). The Price shall be the amount of the accepted highest bid.
2.6 Europcar’s decision (for which no reason need be given) shall be final in the event of:-
2.6.1 any dispute arising during the bidding; or
2.6.2 a dispute arising after the Auction closes with regards to what bids were made or by whom.
2.7 Europcar shall have an absolute discretion to cancel the Auction and to re-auction the Vehicle either during the same or a subsequent auction following any dispute as stipulated in clause 2.6 above.
2.8 In the event that Europcar exercises the discretion to cancel the contract (as referred to at clause 2.7 above) the Buyer shall not be entitled to rely on the original contract of sale for any purpose whatsoever save that the Buyer shall be entitled to the return of any money which he may have paid for that sale.
2.9 Europcar reserves to itself the following rights which it may exercise without any reason being given, namely the right:
2.9.1 to refuse to allow any person to enter the Auction website;
2.9.2 to allocate lot numbers to Vehicles as Europcar sees fit and to Auction Vehicles in such order and at such times as Europcar sees fit.
2.10 If, before Europcar has parted with possession of a Vehicle, a claim is made against Europcar arising out of or connected in any way with Europcar or its authority to sell or authorise the sale of a Vehicle, Europcar 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 Europcar by the Buyer. Europcar shall have no further liability to the Buyer in respect of such event.
3 RESERVE PRICES
3.1 All Vehicles will be auctioned with a reserved price.3.2 The Vehicle will not be sold unless the highest bid is no less than the reserve price (save if Europcar otherwise authorises a sale during the bidding).
3.3 Europcar shall not be obliged to announce any details regarding the reserve price of a Vehicle, other than to specify that the Vehicle has been withdrawn because it has not reached the reserve price.
4 VEHICLES
4.1 Vehicles will rarely be in perfect condition, and are likely, due to their nature and age, to show signs of wear and tear, damage and other imperfections.4.2 Europcar will post up to date photographs of the Vehicles on this website.
4.3 The age of a Vehicle shall be calculated by reference to the first registration of the Vehicle in the United Kingdom and every reference to “the age” of a Vehicle shall be interpreted accordingly. The parties agree that in adjudging the accuracy of the description “no major mechanical defects”, the age and the mileage of the Vehicle shall be taken into account.
4.4 Whilst care is taken to ensure the accuracy of any details concerning the Vehicles, subject to clause 7 below, Vehicles are sold on an ‘as seen’ in the photographs basis. Unless otherwise detailed in the Auction and subject to clause 7 below, no sale shall be invalidated by reason of any ambiguity in a photograph and Europcar shall incur no liability to any person or persons in respect of the same.
5 VEHICLE DOCUMENTS
5.1 If Europcar places a Vehicle into the Auction without either the Vehicle registration document or an official substitute for that document, the fact that no such document is available to Europcar will be stated and;5.1.1 Europcar shall be under no obligation to procure, deliver or produce any document or certificate to which the statement relates;
5.1.2 if any document or certificate to which the statement relates subsequently comes into the possession of Europcar the only obligation on Europcar shall be to post the same to the Buyer at an address recorded for him in the entry form or invoice.
6 EXCISE LICENCES
6.1 No Vehicle will be auctioned with a Road Fund Licence.6.2 The Buyer agrees that the Vehicle will be not be used on any road or removed from the storage premises until it has the required Road Fund Licence.
7 THE VEHICLE
7.1 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) as shown in the photographs as detailed in clause 4. 7.2 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 except where Europcar announces to the effect that it was or was treated as a total loss.
7.3 Except when Europcar states to 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 as a licensed hackney carriage and has a valid MOT certificate.
7.4 When a Vehicle is described by Europcar 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.
7.5 Except as stated in this Agreement there shall be no term of the Contract Of Sale, express or implied (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.
8 EUROPCAR UNDERTAKINGS
8.1 Europcar undertakes and represents that:- 8.1.1 each Vehicle offered at the Auction has been done so by Europcar in good faith;
8.2.1 it has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
8.3.1 the Vehicle's mileage indicated by the odometer is accurate;
8.4.1 unless Europcar states otherwise the Vehicle has not been treated by an insurance company as a total loss;
8.2 In the event of any breach of the above undertakings and representations then Europcar’s maximum liability for such breach 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 Europcar within 7 days of the Contract Of Sale.
9 UNROADWORTHY AND DEFECTIVE VEHICLES
9.1 The Buyer agrees that if a Vehicle: 9.1.1 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;
9.1.2 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 or remove it from the storage premises under its own power until it is roadworthy, can be used lawfully on the road and has all necessary certificates.
10 ENGINEER’S REPORT
10.1 Where instructed by Europcar, the Engineer shall use reasonable skill and care to produce an Engineer Report concerning the Vehicle. 10.2 Europcar may affix a copy of any Engineer’s Report to the Vehicle before it is Auctioned and shall be entitled (but not obliged) to announce during the Auction the fact that an Engineer's report has been commissioned.
10.3 The Buyer agrees that Europcar shall be entitled to and will accept rescission of the contract of sale or will refund to the Buyer such part of the Price as is in the circumstances reasonable if:
10.3.1 in the opinion of Europcar 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,
10.3.2 within 5 days after collection of the Vehicle the Buyer delivers to Europcar the Vehicle, its keys and all documents supplied to the Buyer.
10.4 Europcar shall have an absolute discretion to waive the time-limit in Clause10.3.2.
10.5 In the event that the contract is rescinded as above the Engineer's Report shall be reviewed and updated and the Vehicle shall be re-auctioned.
11 PASSING OF PROPERTY AND COLLECTION OF VEHICLE
11.1 The title in the Vehicle shall not pass to the Buyer until the Price has been paid and received in cleared funds by Europcar and the Buyer has collected the Vehicle.11.2 Unless Europcar has agreed to deliver the Vehicle, the Buyer will collect the Vehicle within a reasonable time of making payment for the Vehicle (in accordance with clause 13.2 below) and in any event within the time scales agreed between the parties in writing.
12 RISK
12.1 Risk in the Vehicle will pass to the Buyer at the point the contract of sale is made in accordance with clause 11.1 above.13 PAYMENT BY THE BUYER
13.1 The Price for the Winning Bid will be inclusive of VAT.13.2 The Price must be paid by the Buyer to Europcar by bank transfer by no later than three working days after the Auction or within any other payment terms as agreed between the parties in writing.
13.3 If the funds (equivalent to the Price) have not been received by Europcar or if the Buyer has in any way failed to comply with his obligations to pay for the Vehicle Europcar shall be entitled (but not obliged) to:-
13.3.1 sue for the Price;
13.3.2 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 and/or damages from the Buyer;
13.3.3 re-auction the Vehicle;
13.3.4 restrict or forbid any further access by the Buyer to the website.
13.4 When notice to the Buyer is necessary to determine, avoid or rescind the contract such notice shall be deemed to be given effectively if:
13.4.1 it is contained in a letter posted to the address for the Buyer (as provided pursuant to clause 1.1 above) whether or not the letter containing such notice is returned to Europcar; and/or
13.4.2 if the contract is avoided on the ground of fraud, such notice shall also be deemed to have been given effectively if the police are given notice of the Buyer's fraud.
14 DEFAULT OF THE BUYER
14.1 If, through no fault of Europcar, the Buyer fails to remove the Vehicle from the Auction premises by the expiration of 14 days from the date when the Buyer first became entitled to remove the Vehicle, or such other period as is agreed between the parties in writing, Europcar shall be entitled to re-auction the Vehicle. 14.2 When a Vehicle is re-auctioned pursuant to clauses 13.3.3 and 14.1 above:-
14.2.1 if the Vehicle is more than 5 years old or was originally sold “as seen” it will be sold “as seen”;
14.2.2 in any other case Europcar will have an absolute discretion to sell the Vehicle on the basis of the original entry form or “as seen”.
15 LIMITATION OF LIABILITY
15.1 Nothing in this Agreement will limit or exclude Europcar’s liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.15.2 Subject to 15.1, Europcar excludes all liability (whether implied or express) for:
15.2.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
15.2.2 any special or indirect losses, suffered either directly or in connection with this Agreement; and
15.2.3 any loss or goodwill or reputation.
15.3 Subject to clauses 15.1 and 15.2 above, Europcar’s maximum liability under this Agreement to a Buyer shall not in any event exceed the Price paid for the Vehicle.
16 AVAILABILITY AND FUNCTIONING OF WEBSITE
16.1 Given the nature of the internet, Europcar cannot guarantee the availability of the website or access to an Auction. Europcar accepts no responsibility and offers no warranty that access to the website will be uninterrupted, error-free, timely, that the server or the site which makes the website available is free from bugs and/or viruses or that the website will meet the Buyer’s requirements.17 RIGHTS OF THIRD PARTIES
17.1 This Agreement shall not confer and shall not purport to confer on any third party the benefit of any right to enforce any term or condition of this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
18. STATUTORY PROVISIONS
18.1 If, or to the extent, that any of these Clauses (whether herein before or hereinafter set out) are Clauses to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Clauses shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Clauses shall be construed accordingly.
19. GOVERNING JURSIDICTION
19.1 This entire Agreement shall to be deemed to be formed and made in England and Wales and shall be read and construed according to English Law and be enforceable in the English courts. Back
