Cash for Cars Terms and Conditions of Business
Version 2 – 24 May 2018
References to “us”, “our” or “we” is a reference to Cash for Cars.
- Cash for Cars is a brand of Copart UK Limited, a company registered in England and Wales under company number 929621 and whose registered office is at Acrey Fields, Woburn Road, Wootton, Bedfordshire MK43 9EJ.
- These Terms govern your use of the Website and whether you use the Services via a computer, mobile device or some other means.
- Please read these Terms carefully before using our Website and the Services.
- By using the Website and the Services, you confirm that you accept these Terms and that you agree to comply with them.
- If you do not agree to these Terms, you must not use the Website or the Services.
Changes to these Terms
- We may revise these Terms at any time, without notice, by amending this page. The amended Terms will be effective from the date they are posted on the Website. Your continued use of the Website or Services will constitute your acceptance of the amended Terms.
Access to and availability of the Website and Services
- The Website and Services are free to use, unless we find that you are using the Website and Services for commercial purposes (per paragraphs 13 and 14 below).
- The Services are available to UK customers only.
- We do not guarantee that the Website, Services or any content we provide, will always be:
- Available without interruptions;
- Bug free or virus free; or
- Fault or error free.
- We may suspend, withdraw, discontinue or change all or any part of our Website or Services, including your access to the Website or Services, for any reason, at any time, without notice.
Use of the Website and Services
- You are responsible for making sure that you have made all necessary arrangements for you to have access to the Website and Services, including your own virus protection software.
- You are only permitted to use the Services for personal, non-commercial purposes (whether you are an individual or a business). Use of the Services to obtain car valuations for commercial purposes (e.g. to value a Vehicle which you intend to sell to a third party) is strictly prohibited.
- If we find that you are using the Website and Services for commercial purposes, we shall charge a fee of £10 per valuation.
- When using the Website and the Services you will not:
- Transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website or the Services;
- Attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
- Use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other screen scraping software, program or system;
- Use our Website or Services to create, check, confirm, update, modify or amend your own or another person’s databases, records or directories;
- Use our Website in any unlawful, fraudulent, offensive or abusive manner;
- Attempt to copy our data or reverse engineer the Services or the processes used on our Website; Or
- Do anything which might interfere with any other user’s enjoyment of our Website or Services.
- You must not operate a link to our Website in such a way as to suggest or imply any form of association, approval or endorsement by us.
- We reserve the right to require you to immediately remove any link to our Website at any time and we may withdraw any linking permission at any time.
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources.
Intellectual Property rights
- We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected inter alia by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal use.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Valuation and physical inspection
- You will provide us with information about the type and condition of your vehicle which you wish to sell, whether it be a car, van or motorcycle, (“Vehicle”) before we physically inspect it. On the basis of the information you provide, we will give you an indicative valuation for your Vehicle.
- Any indicative valuation is not a price which we are necessarily willing to pay for the Vehicle and is not an offer to buy the Vehicle.
- If, as a result of the physical inspection, we believe value of the Vehicle is affected by any aspect of its history, its actual condition and/or its true mileage, the price that we offer for the Vehicle (“Purchase Price”) will differ from the indicative valuation. The Purchase Price will be inclusive of any applicable VAT.
- Ownership of and the insurance risk in the Vehicle will pass from you to us when the Purchase Contract is made. The Vehicle remains your property and your full responsibility, including liability for any traffic or parking offences committed or penalties incurred until that point.
- As soon as the Purchase Contract is made you must:
- Remove all of your personal possessions from the Vehicle;
- Hand over any Vehicle accessories;
- Hand over all keys, registration documents (including the V5 certificate), service history, MOT certificate(s) and/or user manuals you have for the Vehicle.
- Any current road fund licence on the Vehicle will be refunded to you directly by the DVLA.
- Once you have handed over the Vehicle, keys and documents in accordance with paragraph 27 above, we will pay you the Purchase Price for the Vehicle by electronic transfer into your bank account. We will make payment by way of a “faster payment” transfer, which will usually arrive in your bank account in a few minutes but should be complete within a 2 (two) working hours.
Your promises to us
- If we buy a Vehicle from you, we will be relying on your promises that:
- You are legally capable of entering into the Purchase Contract to sell the Vehicle;
- You are 18 (eighteen) years of age or older;
- The bank account and sort code number you give us are correct and the bank account is in your name; and
- To the best of your knowledge, information and belief:
- You are the sole owner of the Vehicle (if you are not the sole owner of the Vehicle, the owner(s) of the Vehicle must be present to sign the Purchase Contract);
- No other person has any claim in the Vehicle (including, for example, any finance house) and there are not undisclosed title defects with the Vehicle;
- The Vehicle’s mileage reading is true and accurate and the odometer has not been tampered with, altered or otherwise interfered with;
- The Vehicle registration number and Vehicle identification number (or any other identification marks) have not been tampered with, replaced, altered or otherwise interfered with and match the details on the Vehicle’s V5 certificate;
- The Vehicle does not bear a personalised or cherished number plate;
- You have told us everything which a prudent purchaser would want to know about the Vehicle, such as any physical defects it has, or has had in the past, any material mechanical problems or damage, or if the Vehicle has ever been involved in an accident or has ever been declared as a total loss by an insurer;
- All information you have supplied in respect of the Vehicle is true and accurate in all respects; and
- The Vehicle is registered in the UK.
- YOU UNDERSTAND AND AGREE THAT THE PROMISES IN PARAGRAPH 30 ABOVE ARE LEGALLY BINDING ON YOU AND THAT IF THEY ARE NOT TRUE WE MAY
- RETURN THE VEHICLE TO YOU AND DEMAND REPAYMENT OF THE FULL PURCHASE PRICE; AND/OR
- SEEK COMPENSATION FROM YOU FOR ALL DAMAGES OR LOSSES (INCLUDING REASONABLE TRANSPORTATION AND LEGAL FEES AND/OR COSTS) WE INCUR BECAUSE THOSE PROMISES ARE NOT TRUE AND/OR ARE BROKEN BY YOU.
- If we discover within 14 (fourteen) days of handover of the Vehicle that:
- . Any of the promises in paragraph 30 are not true; or
- You have broken any of those promises; or
- You have concealed any material facts about the Vehicle
We will consider that you have repudiated the Purchase Contract and will return the Vehicle to you as soon as we can. We shall be entitled, in accordance with paragraph 31 above, to the full and immediate repayment of the Purchase Price and any other costs we have incurred as a result of your repudiation.
Our liability to you
- UNLESS WE ARE LIABLE TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUD (IN WHICH CASE OUR LIABILITY IS UNLIMITED), WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFIT OR LOSS OF ANTICIPATED SAVINGS. HOWEVER, THIS SHALL NOT PREVENT YOU FROM CLAIMING AGAINST US FOR LOSS OF, OR DAMAGE TO, YOUR PHYSICAL PROPERTY WHICH IS CAUSED BY OUR NEGLIGENCE. IN ANY EVENT OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT, DELICT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE PURCHASE CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE.
- If either party fails to pay any sum due pursuant to these terms and conditions or the Purchase Contract, the party in debt shall be liable to pay interest to the other party from the due date for payment at the annual rate of 5% (five percent) above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement.
- We reserve the right to defer or cancel a Purchase Contract if we are prevented from, or delayed, in carrying out our business due to circumstances beyond our reasonable control; including without limitation: acts of God, government actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, bad weather, epidemic, lock-outs or strikes or other labour disputes (whether or not relating to our workforce) or restraints or delays affecting carriers PROVIDED THAT, if the event in question continues for a continuous period in excess of 30 (thirty) days, you shall be entitled to give notice in writing to us to terminate the Purchase Contract.
- Each right or remedy under the Purchase Contract is without prejudice to any other right or remedy whether under the Purchase Contract or not.
- If any provision of the Purchase Contract is found to be wholly or partly invalid, unenforceable or unreasonable, it shall, to the extent of such invalidity, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Purchase Contract shall continue in full force and effect.
- Failure or delay by either party in enforcing or partially enforcing any provision of the Purchase Contract shall not be construed as a waiver of any of its rights under the Purchase Contract. Any waiver by either party of any breach of, or any default under, any provision of the Purchase Contract by the other party, shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Purchase Contract.
- The parties to the Purchase Contract do not intend that any term of it shall be enforceable by any person that is not a party to it, by virtue of the Contracts (Rights of Third Parties) Act 1999.
- If you are a consumer, no provision of the Purchase Contract will adversely affect your statutory rights as a consumer. However, you acknowledge and agree that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the Purchase Contract and that you therefore do not have the right to cancel the Purchase Contract once you have handed over the Vehicle to us.
- The Purchase Contract is personal to you and you agree that you will not transfer your rights or obligations under the Purchase Contract to anybody else. We reserve the right to assign or subcontract any or all of our rights and/or obligations under the Purchase Contract to a third party if we have good reason to.
- The Purchase Contract will be governed by English law and any dispute or claim arising out of or in connection with it will be subject to the exclusive jurisdiction of the Courts of England and Wales UNLESS the Purchase Contract is concluded in Scotland, in which case it will be governed by Scottish law and any disputes or claim arising out of or in connection with it will be subject to the exclusive jurisdiction of the Courts of Scotland.
- If you have any queries, please write to us at the above address, call us on 0138 366 7267 or email us at firstname.lastname@example.org.