Terms and Conditions
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User Agreement - Terms & Conditions
Trader Car Buyer is owned and operated by CL Promotions
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These terms and conditions shall be referred to as the User Agreement. The User Agreement describes the terms and conditions applicable to the services available under the domain www.tradercarbuyer.co.uk. In order to access the Site, you must be a registered user and agree to be bound by this User Agreement.
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1. DEFINITIONS
1.1 The definitions in this clause shall apply to this User Agreement:
“Buyer or Member”
means the customer buying the vehicle(s).
“Report”
means an inspection of the vehicle on offer.
“Video”
means a video of the vehicle you wish to purchase.
“Supply of "Trader Car Buyer”
means the "Trader Car Buyer” will supply vehicles to the registered person, sell and buy nearly new Vehicles as long as supply is offered and can be withdrawn at anytime at the discretion of the "Trader Car Buyer”.
“Sales Coordinator”
means Trader Car Buyer or CL Promotions
“Sale agreement”
means any agreed purchase must be paid within 48 hrs, in full, by bank transfer.
“Site”
means www.tradercarbuyer.co.uk
“User/Users”
means all registered users of the Site.
“Vehicle”
means any vehicle offered for sale on the Site subject to the terms of this User Agreement.
“Vendor”
means a person placing a Vehicle for purchase on the Site.
"Broker"
means the member that is selling our cars to other traders without actually buying them.
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1. REGISTRATION FEE | MEMBERS
1.1 Any registration fee paid is to set-up your account. Membership entitles you to view all our vehicles available via our members area. You will receive reports upon request and a walk around video once a holding deposit of £200 per vehicle (fully refundable, subject to terms) has been received. Also, to be able to purchase vehicles and request delivery at an extra cost. Once you agree to our terms, no refunds can be given whatsoever due to the nature of the business, whether you use our system or not.
1.1 Any affiliate payments received entitles the member to all of the above plus, full guidance and support. Access to our affiliate broker membership to sell any and all of our vehicles on a commission basis (see 5 Broker). Commissions will vary per vehicle and the member will be informed once the deal has been confirmed.
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2. GENERAL TERMS:
2.1. The Sales Co-ordinator is not an auctioneer. The Sales Co-ordinator offers vehicles for sale, which allows Users to offer, sell and buy vehicles.
2.2. The Sales Co-ordinator does not review and is not responsible for the accuracy or content of the sales listings provided by a Vendor. Further, the Sales Co-ordinator shall not be liable for any loss arising from the inaccuracy of any images provided by a Vendor.
2.3 The Vendor shall categorise the Vehicle for sale in accordance with the ABI Guidelines (see clause 4). The Sales Co-ordinator shall not be liable to the Successful purchaser in the event that the Vendor wrongly categorises or fails to categorise the Vehicle prior to or when the sale is complete.
2.4 The Vehicles offered for sale maybe have damage and may require repair or restoration. The Sales Co-ordinator makes no representation or warranty (whether express or implied) about the extent of any general or specific damage to the Vehicle or the condition of any salvageable parts. The Sales Coordinator will not guarantee the validity of a vehicles Manufacturer Warranty, in certain cases the Warranty may have been cancelled by the Vendor. All conditions, warranties or representations, either expressed or implied by statute, common law or otherwise in respect of a Vehicle or any parts comprising the Vehicle are expressly excluded and the purchaser shall have no claim for rescission or damages in respect of any defect in any one or more of the said parts.
2.5 The Sales Co-ordinator does not own or purport to own any of the Vehicles. The Vehicles made available through our Site or elsewhere are offered for purchase by the Vendor or by the Vendor as agent of a third party and are sold subject to the Vendor’s own terms and conditions. The Vendor shall ensure that the buyer is notified of its terms and conditions of sale.
2.6 The buyer shall, prior to completing the transaction, confirm they are fully satisfied with the report given by the Sales Co-ordinator on the condition of the paintwork, bodywork, chassis, tyres, battery, exhaust and all other electrical equipment ,components and parts of the Vehicle. The buyer shall also verify the odometer reading provided by the Vendor. The Sales Co-ordinator does not warrant the mileages of any vehicles offered for sale.
2.7 The Vendor shall procure that V5 registration is complied with in accordance with ABI Guidelines. The Sales Co-ordinator cannot guarantee that the V5C documentation, MOT certification, service books or keys will be available for all Vehicles.
2.8 Prior to purchase, the buyer shall verify whether the Vehicle is registered on any statutory or voluntary register. Whilst some Vehicles may be offered for sale not categorised, the Sales Co-ordinator will not be held responsible if a third party registers an ABI category against the Vehicle following completion of the sale.
2.9 The Sales Co ordinator reserves the right to suspend or terminate this User Agreement if it appears to the Sales Coordinator that the User is or appears to be in breach of the User Agreement, including without limitation, any misuse of the Online Services. In the event of misuse, the Sales Co-ordinator may also suspend or terminate a sale.
2.10 The Sales Co-ordinator has the right to advertise any vehicle on any advertising platform other than the Site. Vehicles are not sold subject to any condition or warranty, express or implied, save those implied by Section 12 of the Sale of Goods Act 1979 relating to the title. Without prejudice to the foregoing, any implied condition as to fitness for purpose and any implied condition that the goods will correspond with their description is expressly excluded by this clause.
2.11 The Sales Co-ordinator reserves the right to suspend forthwith any user whose actions might harm or prejudice the integrity of the Trader Car Buyer or its vendors.
2.12 All vehicles for sale can only be viewed using our web service offered. We supply video's and clear pictures of all vehicles along with a fully report of the damaged and any other issues with the vehicles. 2.13 Although every care is taken to give an accurate report of each vehicle, the Sales Co-ordinator cannot be held liable for any issue with the vehicle once purchased by the Buyer. The Buyer must be satisfied with the vehicles description before purchase and do their own due-diligence. All vehicles are as described in the report but any issues found, not mentioned in the report cannot be the responsibility of the Sales-Co-ordinator.
2.14 No refunds will be given once the Buyer has made full payment, unless the vehicle is not as described in the report, pictures and Video. All sales are final, trade sales and the Sales Co-ordinator is not responsible for any unknow faults.
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3. VEHICLE DELIVERY/COLLECTION:
3.1 All vehicles purchased must be delivered to the Buyer's home address or nominated address at the full cost of the Buyer in addition to the purchase price of the vehicle. If you do not pay your invoice in 48hrs you will lose your deposit and the vehicle will be put back up for sale. Once the vehicle is paid for, we will then invoice you for the delivery. This must be paid within 48rs. If the delivery fee is not paid by the 3rd day, you will then incur additional storage charges of £15 per day (including weekends), until the delivery fee is paid. The vehicle will not be released until full payment has been received.
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4. VEHICLE CATEGORISATION (ABI CATEGORIES):
4.1 The Vehicles offered for sale on the Site or elsewhere, shall be individually categorised in accordance with the Association of British Insurers (ABI) Code of Practice for the Disposal of Motor Vehicle Salvage.
4.2 The Vehicles shall be categorised as follows:
4.2.1 Category B – a vehicle which is structurally damaged or so devoid of parts that it is not possible to repair it economically or safely. Category B vehicles must be broken for spare parts.All remaining parts, the bodyshell, frame and chassis from the Category B vehicle shall be crushed or disposed of in accordance with ABI guidelines to ensure that the Category B vehicle does not reappear on the road. All air bags, seat belt and seat components must be properly disposed of in accordance with manufacturer’s requirements and must never be resold.
4.2.2 Category N – (NON STRUCTURAL) Repairable. This vehicle has been inspected by an appropriately qualified person and declared suitable for repair. Repairable vehicle which has not sustained damage to the structural frame or chassis and the insurer/self-insured owner has decided not to repair the vehicle. While the damage to the vehicle has been noted as non-structural, there may still be some safety critical items that require replacement e.g. steering and suspension parts.
4.2.3 Category S – (STRUCTURAL) Repairable. This vehicle has been inspected by an appropriately qualified person and declared suitable for repair. Repairable vehicle which has sustained damage to any part of the structural frame or chassis and the insurer/ self-insured owner has decided not to repair the vehicle.
4.3 Category B vehicles may be purchased only by Users who comply with the appropriate provisions of the Environmental Protection Act 1990 and the Motor Salvage Operators Regulations 2002. Users purchasing Category B vehicles must produce on request an appropriate Motor Salvage Operator Licence and Environmental, Hazardous Waste and Waste Carrier Licences. Users must also be registered with their Local Authority as an Authorised Treatment Facility for End of Life Vehicles.
4.4 Users purchasing a Category B vehicle hereby agree to the following:
4.4.1 to be bound by and comply with the ABI Code of Practice for the Disposal of Motor Vehicle Salvage and all other laws and regulations relating to the removal of useable parts and the destruction of category B vehicles.
4.4.2 within 2 weeks of the purchase of the Category B vehicle, to obtain a Certificate of Destruction pursuant to the End-of-Life Vehicles Regulations 2003.
4.4.3 to provide the Sales Co-ordinator on request with a copy of a valid Certificate of Destruction for the Category B vehicle.
4.4.4 to provide the Sales Co-ordinator or its designated agent access to the User’s vehicle storage location and to provide assistance in locating any Category B vehicle in relation to which a valid Certificate of Destruction has not been provided.
4.4.5 to retain a copy of the Certificate of Destruction for a period of at least 24 months from the date of purchase of the Category B vehicle.
4.5 Pursuant to the ABI Code of Practice for the Disposal of Motor Vehicle Salvage, all registration plates must be removed and securely destroyed as soon as reasonably practicable. For the avoidance of any doubt, personalised number plates do not form part of and are not included in any Auction transaction.
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5 BROKER
5.1 As a broker for the “Sales Coordinator” you are not allowed to sell to private individuals. The buyer must be a trader business and have a business name, which we will invoice. As a member, you must make sure this is explained to the buyer and that all sales are trade and final. No warranties or guarantees are given on any vehicle, unless an manufactures is still valid on the said vehicle. No refunds are given whatsoever.
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6 PAYMENTS & DEPOSITS:
6.1 If a member pays the £200 holding deposit. A walk-around video will be sent. After 48hrs, if the vehicle is not purchased, the vehicle will be put back up for sale and the deposit will be lost, unless the car(s) is not as described in the video or develops an issue not presented to the member before the deposit was paid. The deposit is only refundable if the vehicle is not as described with major differences in the video. If the buyer request to purchase the vehicle and an invoice is sent, and then the buyer does not purchase within 48hrs, the deposit is not refundable due to the cost incurred by us in relation to removing the vehicle from sale, arranging delivery and administration.
6.2 All buyers must transfer funds to the Vendor via electronic bank transfer within 48 hours following notification of a purchase. Failure to transmit funds will result in the buyers account being suspended from purchases on any future vehicles in any sales, until the payment has been received, this includes the loss of any deposits as per 5.1 in this agreement. To proceed and re-activate your account, you will need to pay a re-activation charge of £150.
6.3 If in contravention of clause 5.1 a buyer fails to proceed with a transaction, the buyers membership shall be suspended until the re-activation fee has been paid.
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DELIVERY:
7.1 The Vehicles will not be delivered until the Vendor notifies the Sales Co-ordinator that they have received cleared funds. Until the buyer has paid in full for the Vehicle, the Vehicle remains the property of the Vendor and the buyer shall indemnify the Vendor against any loss or damage thereto.
7.2 The Sales Co-ordinator will not be liable under this User Agreement for any loss arising out of any additional damage to the Vehicle identified on delivery.
7.3 No vehicles can be returned for whatever reason once purchased and paid for. Once paid for, that vehicle is now the property of the buyer. All sales are trade sales and all sales are final. The buyer purchases at the their own risk. Any and all issues that may occur after purchase is now the responsibility of the buyer/owner.
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8. LIMITATION OF LIABILITY:
8.1 The Sales Co-ordinator (and its parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable under this User Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
8.2 The Sales Co-ordinators’ maximum aggregate liability under or in connection with this User Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the amount of any sums paid or payable in accordance with the Sales Co-ordinator’s schedule of administrative charges.
8.3 This User Agreement states the full extent of the Sales Co-ordinator’s obligations and liabilities in respect of the performance of the Sale Services. The parties agree that any condition, warranty representation or other term concerning the Sale Services which might otherwise be implied into or incorporated in this User Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
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9. INDEMNITY:
9.1 The User agrees to indemnify the Sales Co-ordinator and keep the Sales Co-ordinator indemnified from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Sales Co-ordinator resulting from a breach of this User Agreement by the User.
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10 ENTIRE AGREEMENT:
10.1 This User Agreement (and any documents referred to in it) constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this User Agreement.
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11 VARIATION AND WAIVER:
11.1 The Sales Co-ordinator reserves the right to amend this User Agreement at any time by posting an amended version on the “News” section of the Site. The amended User Agreement will be active from the date it is posted on the Site and the User’s continuing use of the Sale Services will amount to an acceptance of the revised terms. No other amendments to this User Agreement will be effective.
11.2 Any waiver of any right under this User Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
11.3 No failure to exercise or delay in exercising any right or remedy provided under this User Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
11.4 No single or partial exercise of any right or remedy under this User Agreement shall prevent or restrict the further exercise of that or any other right or remedy.
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12. SEVERANCE:
12.1 If any provision of this User Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
12.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
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13. RIGHTS OF THIRD PARTIES:
13.1 No term of this User Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
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14. GOVERNING LAW AND JURISDICTION:
14.1 This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
​14.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation (including non-contractual disputes or claims).
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