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Auction Participation Terms




    1.1 Company details. Motorpoint Limited (t/a Auction4Cars) (company number 3482801) (“we” and “us”) is a company registered in England and Wales and our registered office is at Champion House (Formerly Salisbury House) Stephensons Way, Chaddesden, Derby, England, DE21 6LY. Our VAT number is 241 234 643. Auction4Cars operate https://www.auction4cars.com/ (our “Website”).
    1.2. Contacting Auction4Cars. To contact us, telephone our customer service team at 08454133133 or e-mail us at a4cteamleaders@auction4cars.co.
    1.3. Language. These Auction Participation Terms and the other contracts referred to herein are made only in the English language. 
    2.1. Potential bidders, bidders, sellers and buyers wishing to participate in a Sale must first complete Registration before they will be permitted to participate (“Users”).
    2.2. Auction4Cars reserves the right (at its discretion) to decline to register any person as a User.
    2.3. Users must be registered prior to the start of any Sale in order participate in that Sale.
    2.4. Users:
    2.4.1. agree to provide such information (including references) as required by Auction4Cars in relation to their Registration;
    2.4.2. on Registration, will be asked to select a username and password; and
    2.4.3. are responsible for the accuracy of any details provided and keeping those details updated on the Website. 
    3.1. Auction4Cars may:
    3.1.1. place Lots on the Website available on a “Buy it Now” or other private treaty sale basis, bypassing any auction and allowing a Buyer to purchase the Lot for the stated price; and / or
    3.1.2. place Lots on the Website for auction. AUCTION4CARS Auction Participation Terms Page 2 of 14
    3.2. A listing by Auction4Cars does not constitute an offer and such Lots may be withdrawn or the listing (and any associated Entry) may be revised at any time prior to the End Date.
    3.3. Auction4Cars shall either:
    3.3.1. sell a Lot as agent for the Seller (and in such cases is not responsible for any default by the Seller); or 3.3.2. sell a Lot on Auction4Cars’ own behalf as principal.
    3.4. Auction4Cars retain complete discretion to offer the Lot, including in relation to:
    3.4.1. the date(s) of the Sale of the Lot, including rescheduling or cancelling any Sale;
    3.4.2. the production or publication of catalogue pages on the Website;
    3.4.3. the Description of the Lot on the Website and other materials; and
    3.4.4. the way any Sale is conducted, including who we permit to participate in the Sale, or whether we accept any Offer.
    3.5. Without prejudice to any other rights of Auction4Cars under these Auction Participation Terms, at Auction4Cars’ sole discretion without liability, Auction4Cars reserve the right to:
    3.5.1. refuse to publish an Entry about a Lot;
    3.5.2. withdraw a Lot;
    3.5.3. restrict Users accounts; 3.5.4. refuse or remove any Offers;
    3.5.5. suspend, cancel or extend Sales at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies; and/or 3.5.6. refuse participation in (whether on a temporary or permanent basis) any Sale by any User at any time. Bidding / Offers. 3.6. During a Sale, potential Buyers can make an Offer to purchase a Lot, by: 3.6.1. in an auction Sale clicking the “Bid” button; and 3.6.2. in a “Buy It Now” or other private treaty Sale clicking the “Buy” button. 3.7. Each Offer shall be final and binding as soon as the relevant button is clicked. Full instructions on how make Offers on Lots and details of the End Date for each Sale will be posted on the Website. 3.8. Every potential Buyer shall be deemed to act as principal. 3.9. Offers should be made with VAT on VAT eligible vehicles inclusive and pounds sterling (GBP) basis. 3.10. Auction4Cars reserves the right to nominate any Offer increment it considers appropriate. 3.11. An Offer will be deemed to have been placed when such Offer is received by Auction4Cars' server, following which Auction4Cars will notify the User of the successful Offer. 3.12. Potential Buyer’s acknowledge that each Sale is a live sale and agree that each Offer submitted as provided in these Auction Participation Terms is irrevocable and cannot be withdrawn, amended or corrected, even if submitted in error and notified to Auction4Cars. 3.13. Users are fully liable for all Offers submitted via their account (including the liability to pay in full and on time in accordance with these Auction Participation Terms for any Lot that is the subject of a successful Offer submitted from the Buyer’s account). AUCTION4CARS Auction Participation Terms Page 3 of 14 3.14. To be the winning Offer, the Offer must be the highest Offer of the Sale received by the End Date and must meet any other conditions which may be specific to each Sale including, meeting or exceeding the Reserve (if appliable). If additional conditions apply, they will be published alongside the Description of the Lot prior to the commencement of each Sale. 3.15. If an Offer is followed by a higher Offer which is later removed by Auction4Cars for any reason, it will be open to Auction4Cars to accept the first Offer, as though the higher Offer had never been made. 3.16. Where a Lot is to be sold subject to a Reserve and the Offers made for that Lot do not reach its Reserve, Auction4Cars may make a provisional contract with the person who made the highest Offer or with any other person who makes a similar Offer (where Auction4Cars acts as agent for the Seller, such contract shall be conditional upon the Seller agreeing it). Contracts between Buyer and Seller, and Buyer and Auction4Cars. 3.17. A Contract of Sale is formed once the Purchase Price has been achieved by the End Date, at which point the Lot shall be deemed sold to the Buyer. The Contract for Sale will be formed either between: 3.17.1. the Buyer and Auction4Cars (where a Lot is sold on Auction4Cars’ own behalf as principal); or 3.17.2. the Buyer and the Seller (where Auction4Cars sell a Lot as agent for the Seller). In such cases, Auction4Cars is not a party to the Contract of Sale but acts as the Seller’s agent only and is not liable for any breach thereof by either the Buyer or the Seller. 3.18. In the case of clause 3.17.2 above, both the Buyer and the Seller undertake to Auction4Cars that they will observe and comply with all their obligations and undertakings to other party under the Contract for Sale. 3.19. Once the Purchase Price has been achieved: 3.19.1. the Buyer will be contacted by e-mail to confirm they are the Buyer, and will be provided with dates and times for collection of the relevant Lot (such collection to be subject to payment of all sums due in respect of the Lot); 3.19.2. the Buyer will be provided with invoice(s) in respect of their purchase, together with details of how to pay; and 3.19.3. the terms of clause 6 below shall apply. 4. BASIS OF SALE 4.1. An Entry detailing each Lot will be made available on the Website. 4.2. Whilst care is taken to describe Lots correctly, from time to time errors and omissions may occur. 4.3. All Lots are: 4.3.1. sold as seen, with no grading or guarantees. Lots can be second-hand, salvage, repossessed and/or seized. 4.3.2. sold ‘as they lie’ with all faults and imperfections and errors of Description. The absence of any reference to the condition of a Lot does not imply that the Lot is free from faults, imperfections and/or restorations. AUCTION4CARS Auction Participation Terms Page 4 of 14 4.4. Auction4Cars will not be held responsible for any damage or defect that has not been notified to the Buyer where it acts as agent for the Seller. 4.5. Prospective Buyers must satisfy themselves prior to making an Offer as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its Description. In particular, Buyers should satisfy themselves as to the age, completeness, operability, state and condition of the Lot and should exercise and rely on their own judgment as to whether the Lot accords with any description it is roadworthy. 4.6. Prospective Buyers make an Offer on the understanding that, inevitably, representations or statements by Auction4Cars as to age, completeness, operability, state and condition, Lot starting capability or condition involve matters of opinion. Neither Auction4Cars nor its employees or agents nor the Seller accept liability for the correctness of such opinions. Neither Auction4Cars, its servants or agents will be responsible for errors of description. 4.7. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and Lots may not be authentic or of satisfactory quality. The inside of a Lot may not be visible and may not be original or may be damaged. 4.8. Buyer’s acknowledge and accept note that Auction4Cars sells trade cars at trade prices, which are not suitable or prepared for retail sale. 4.9. Except in respect of the Entry of a Lot: 4.9.1. no oral or written representation made prior to or at the time of Sale of any Lot shall be deemed to be a representation of fact; 4.9.2. no oral or written representations shall be deemed to be incorporated into the Contract for Sale nor to have induced any potential buyer to an Offer; and 4.9.3. Auction4Cars undertakes no obligation or duty (whether in contract or tort (including negligence) or otherwise) in respect of the accuracy or completeness of any statement or representation made by Auction4Cars or on Auction4Cars’ behalf which is in any way descriptive of any Lot. 4.10. Save as expressly stated otherwise in these Auction Participation Terms, no warranty (written or oral) or other term (whether implied by statute, common law, custom or otherwise) as to the suitability, fitness for purpose, satisfactory quality or roadworthiness of the Lot is given by Auction4Cars, its servants or agents or by any Seller to a Buyer in respect of any Lot. Any implied conditions or warranties are excluded to the fullest extent permitted by law. 5. RISK AND TITLE 5.1. Subject to the completion of any enquiries by Auction4Cars pursuant to clause 6.9, title to the Lot shall pass to the Buyer once: 5.1.1. the Purchase Price and any applicable VAT, has been received in full and in cleared funds by either Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot); and AUCTION4CARS Auction Participation Terms Page 5 of 14 5.1.2. the Buyer Fee and any applicable VAT has been received in full and in cleared funds by Auction4Cars. 5.2. Until title passes, and subject to clause 7.1 below, either Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot) reserves the right to dispose of the Lot. 5.3. Risk in the Lot shall pass to the Buyer on collection. 5.4. Either Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot) shall maintain any necessary insurance in respect of the Lot up until risk passes to by the Buyer. The Buyer acknowledges and accepts it is required to obtain any necessary insurance in respect of the Lot as soon as possible after that point. 6. PRICE AND PAYMENT 6.1. Auction4Cars charges a Buyer Fee on the Purchase Price of all Lots calculated at the rates set out at https://www.auction4cars.com/Generic/Fees 6.2. Calculation of the Buyer Fee will be dependent on whether the Lot is either “VAT qualifying” or “Non-VAT qualifying” and subject to the “second-hand margin scheme”, which will be evident from the Entry listing for a Lot in each case. 6.3. In relation to VAT qualifying Lots the Buyer Fee will be either: 6.3.1. shown on the face of VAT invoices issued by Auction4Cars as a separate line item, in addition to the Purchase Price of the Lot (where Auction4Cars is selling on its own behalf as principal); or 6.3.2. invoiced by Auction4Cars separately to the Purchase Price, which shall be invoiced by the Seller directly (where Auction4Cars is acting as agent for the Seller). 6.4. In relation to non-VAT qualifying Lots, the Buyer Fee will be added to the Purchase Price of the Lot under the margin scheme for second-hand vehicles. For further information in relation to the Margin Scheme for second-hand vehicles please see VAT Notice 718/1. As a Margin Scheme invoice will be issued, VAT will not be shown separately on any documentation issued for non-VAT qualifying Lots in relation to the Buyer Fee. 6.5. Immediately following the achievement of the Purchase Price, the Buyer shall follow the appropriate process as notified to the Buyer by Auction4Cars and pay both the Purchase Price (plus VAT where relevant), and the Buyer Fee (plus VAT where applicable) in respect of a Lot. If the Buyer fails to make payment pursuant to this clause within 72 hours after the Purchase Price has been achieved, or such other time as is specified in the Entry, Auction4Cars shall have absolute discretion to cancel the Contract of Sale, and clause 8.1 below will apply. Time for payment is of the essence. 6.6. All required payments must be settled in full before collection of the Lot from the Premises is permitted. 6.7. Payments must be made as follows: 6.7.1. Payments must be made in pounds sterling (GBP) by BACS, CHAPS, Bankers Draft, Debit Cards, Credit Cards or as otherwise specified by Auction4Cars in writing (cash payments will never be accepted); AUCTION4CARS Auction Participation Terms Page 6 of 14 6.7.2. Where the Lot is sold by Auction4Cars as principal, to the bank account quoting registration number(s) as set out below: Account Number: 78912068 Sort Code: 30–92–59 Account Name: Auction4Cars For those making payments outside of the UK, the IBAN number is LOYDGB21107 and Bic Code GB97 LOYD 3092 5978 9120 68 6.7.3. Where the Lot is sold by Auction4Cars as agent for a Seller, to the bank account(s) nominated by Auction4Cars in writing to the Buyer. 6.8. Without prejudice to any other rights of Auction4Cars under these Auction Participation Terms, Auction4Cars is entitled to charge the Buyer Fee in all cases including: 6.8.1. when the Lot is sold in a Sale, irrespective of whether the Contract of Sale is later rescinded (save further to an act or omission of Auction4Cars and/or the Seller); 6.8.2. if the Lot is sold (or re-sold) by Auction4Cars; 6.8.3. if the Lot is re-sold further to the default of the Buyer, or the Seller; and 6.8.4. if the Seller becomes the Buyer. 6.9. Auction4Cars reserve the rights to make enquiries about any person transacting with Auction4Cars and to identify the source of any funds received from a Buyer. In the event that Auction4Cars have not completed investigations in respect of anti-money laundering or other financial and identity checks concerning either the Seller or the Buyer to its satisfaction at its discretion, or determines that such Sale would be unlawful or otherwise cause liabilities for the Seller or Auction4Cars, or would be detrimental to Auction4Cars’ reputation, Auction4Cars shall be entitled to postpone or cancel any Sale and to take any other actions required or permitted under applicable law, without liability. 6.10. The Buyer warrants that the funds being used for the purchase of the Lot have no link with criminal activity including tax evasion. 6.11. The Buyer shall have no right to set off amounts owed to it by either Auction4Cars or the Seller against any sums due to Auction4Cars or the Seller. 6.12. All credits / refunds issued and requested to be transferred to another Lot, will in all cases be credited against the oldest Lot purchased by date. 7. BUYER’S DUTIES 7.1. All Lots must be paid for in accordance with clause 6 above prior to collection. Following receipt of payment (in cleared funds) (and completion of Auction4Cars investigations pursuant to clause 6.9 above, if any), Auction4Cars will issue a Release Code to the Buyer. The Buyer shall at its own expense and risk collect the Lot(s) purchased from the Premises, at the date and times specified by Auction4Cars, or if no date is specified, within 5 working days of the Release Code being issued to the Buyer. AUCTION4CARS Auction Participation Terms Page 7 of 14 7.2. In order to collect a Lot the Buyer will be required to present the Release Code on collection to Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot). 7.3. If a third party is collecting the Lot on the Buyer’s behalf, the Buyer will be required to notify Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot), of its preferred method (i.e. transporter, plate company) prior to collection. 7.4. Unless otherwise expressly agreed in writing by Auction4Cars, the time for collection pursuant to these Auction Participation Terms is of the essence and will under no circumstances be adjusted further due to a failure on the part of the Buyer to make the necessary enquiries and preparations in order to collect the Lot. 7.5. If the Buyer fails to collect the Lot in accordance with this clause, the provisions of clause 8.2 below will apply. 7.6. Buyers buy Lots where they lie and are responsible for bringing any necessary labour and/or equipment in order to remove their Lot. 7.7. The Buyer shall comply with any health and safety procedures and any other reasonable directions which may be given by Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot) as to the safe removal of the Lot from the Premises. 7.8. Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot) shall have the right, at its discretion, to refuse admission to the Premises. 7.9. It is the Buyer’s responsibility when collecting a Lot either in person or via a designated collection agent, to check the Lot and all relevant paperwork for any defects or discrepancies and as soon as practically possible bring any issues to the attention of either Auction4Cars or the Seller (depending on which is the selling party of the relevant Lot). Neither Auction4Cars nor the Seller will take any responsibility after collection for any faults or defects or missing items that were evident on collection. 7.10. The Buyer shall fully indemnify and keep indemnified Auction4Cars (where the relevant Lot is sold on behalf of Auction4Cars) or the Seller (where the relevant Lot is sold on behalf of Seller) in the event of any: 7.10.1. damage or loss caused and/or occasioned to any adjoining or other Lot(s) or to the Premises by their removal of the Lot(s); and 7.10.2. any injury to and/or death of any person resulting from the removal of their Lot(s). 7.11. The Buyer: 7.11.1. is responsible for complying with all legal requirements as to the use of a Lot and for obtaining all insurances, certificates, permits or other authorisations necessary before that Lot can be used on any road; 7.11.2. will not use the Lot on any road or remove it from the Premises until it is roadworthy, can be used lawfully on the road, and has all necessary certificates; and 7.11.3. further undertakes to take such reasonable and practical steps as are sufficient to ensure that the Lot will be safe and without risk to health and safety when properly used. AUCTION4CARS Auction Participation Terms Page 8 of 14 7.12. Neither the Seller nor Auction4Cars shall be under any liability pursuant to section of the Health and Safety Act 1974 in respect of the Lot. 8. BUYER’S DEFAULT 8.1. If the Buyer does not comply with its obligations for payment under clause 6 above in any way, without prejudice to any other rights it may have Auction4Cars may, or the Seller may (on its own behalf as principal and with the prior written agreement of Auction4Cars) at any time elect to exercise one or more of the following rights or remedies: 8.1.1. to rescind the Contract for Sale of the Lot; 8.1.2. to pursue the Buyer directly for all monies owed including damages for breach of contract; 8.1.3. to resell the Lot by auction or private treaty sale; 8.1.4. to remove, store and insure the Lot at the expense of the defaulting Buyer; 8.1.5. to charge interest at an annual rate of 2% above the base lending rate of the Royal Bank of England (from time to time) on the Purchase Price to the extent that it remains unpaid after the due date for payment; 8.1.6. to retain possession of the Lot (or any other Lot(s)) sold to the defaulting Buyer); 8.1.7. to repossess the Lot, and for this purpose, the Buyer grants an irrevocable licence to the seller (being either Auction4Cars or the Seller) by himself and to his servants or agents to enter upon all or any of the Buyer’s premises (with or without vehicles) during normal working hours to take possession of the Lot; 8.1.8. to reject or ignore any Offers made by or on behalf of the defaulting Buyer at any future auction; 8.1.9. to apply any proceeds of sale then due or at any time after becoming due to the defaulting Buyer towards settlement of the Purchase Price and Buyer Fee; and 8.1.10. to exercise a lien on any property of the defaulting Buyer which is for any purpose in Auction4Cars’ or the Sellers’ possession. 8.2. If the Buyer fails to remove the Lot from the Premises as required under clause 7 above (and such failure to remove the Lot is not due to a fault of Auction4Cars and/or the Seller) Auction4Cars or the Seller will have the right to: 8.2.1. to resell Lot(s); 8.2.2. move the Lot (at the risk of the Buyer provided that Auction4Cars and/or the Seller will use reasonable care and skill in such a move) to another Premises from that where the Buyer purchased the Lot; 8.2.3. for every calendar day following the day on which the Lot(s) should have been collected from the Premises by the Buyer, charge the Buyer a daily storage charge plus VAT per Lot stored; and 8.2.4. reject any request for a refund or partial credit should the Lot differ from its Description in the Entry. AUCTION4CARS Auction Participation Terms Page 9 of 14 8.3. When a Lot is re-auctioned or re-listed pursuant to clause 8.1 or 8.2 or otherwise in accordance with these Auction Participation Terms as deemed appropriate by Auction4Cars, Auction4Cars reserves the right to invoice the Buyer for: 8.3.1. the Defaulter’s Fee; 8.3.2. any outstanding storage fees, removal fees, and insurance expenses due; and 8.3.3. any sums due under the original contract following the first Sale, (together with any VAT chargeable on each sum). Such invoices shall be payable within 10 days of receipt. 8.4. When a Lot is re-sold pursuant to: 8.4.1. clause 8.1, the balance of the re-sale price, if any, shall either be retained by Auction4Cars (where it acted as principal at the first Sale) or to the original Seller (where Auction4Cars acted as agent for the Seller at the first Sale); and 8.4.2. clause 8.2, and title to the Lot has passed to the Buyer notwithstanding that the Lot has not been collected in accordance with these Auction Participation Terms, the balance of the re-sale price, if any, shall be paid to the Buyer. The original Buyer will remain liable to Auction4Cars and/or the Seller subsequent to the re-sale, save where the proceeds of the re-sale have discharged such liabilities arising out of the first Sale. 9. TERMS OF WEBSITE USE 9.1. Use of the Website is at all times subject to the remainder of this clause. 9.2. All Users warrant that they are of legal age to operate any Lot which they make an Offer for and/or purchase and are otherwise legally capable of entering into binding contracts. 9.3. Auction4Cars: 9.3.1. does not represent or warrant that the Website will be error-free, virus free, or that any defects will be corrected; and 9.3.2. reserves the right to block access to use the Website at any time, including if there are reasonable grounds for suspecting breach of these Auction Participation Terms. Auction4Cars may make changes. 9.4. Auction4Cars may suspend or withdraw or restrict the availability of all or any part of the Website from time to time for any business and/or operational reasons, including to carry out maintenance and make upgrades. You are responsible for your account. 9.5. If Auction4Cars provide Users with an account, username, password or any other piece of information as part of our security procedures, each User: 9.5.1. is responsible for any Offers placed via their account; 9.5.2. must treat such information as confidential; 9.5.3. must not disclose it to any third party; 9.5.4. must promptly notify Auction4Cars if they know or suspect that anyone else knows their username or password; and AUCTION4CARS Auction Participation Terms Page 10 of 14 9.5.5. must ensure that all persons who access the Website through their internet connection are aware of and comply with these Auction Participation Terms and other applicable terms and conditions. 9.6. Auction4Cars have the right to disable any account, username or password, at any time, if in its reasonable opinion a User has failed to comply with any of our terms and conditions. 9.7. Users must not use their account or any part of the content on the Website for any commercial purpose beyond the sale and purchase of Lots via the Website. Material on the Website. 9.8. The Website and the content on it are provided on an "as is" and "as available" basis. Auction4Cars make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it: 9.8.1. is accurate, complete or up to date; or 9.8.2. will always be available or be uninterrupted. 9.9. Auction4Cars are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 9.10. Users will not acquire any rights or licences in or to the Website or any other content other than the limited rights to use the Website in accordance with these Auction Participation Terms. 9.11. The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations. 9.12. Auction4Cars may limit the availability of the Website (in whole or in part) to any person or geographic area at any time. Uploading content to the Website. 9.13. Each User warrants that they will not upload any content that is not reasonably appropriate to the Website (and, in particular, the sale and purchase of Lots via the Website). In the event of a dispute, Auction4Cars will have final discretion as to what is appropriate. Each User will be liable to Auction4Cars and indemnify Auction4Cars for any material breach of this warranty. 9.14. Auction4Cars have the right to: 9.14.1. remove any posting a User makes on the Website; and 9.14.2. disclose a User’s identity to any third party who is claiming that any content posted or uploaded by them to the Website constitutes a violation of their rights (including intellectual property rights or their right to privacy). 9.15. When a User uploads or posts content to the Website: 9.15.1. they retain all of their ownership rights in their content; 9.15.2. their content will be considered non-confidential and non-proprietary; and 9.15.3. they grant a worldwide, non-exclusive, royalty-free, transferable licence: for Auction4Cars to use, reproduce, distribute, prepare derivative works of, display, and present that content in connection with the services provided by the Website and across different media (including to promote the Website or the services); and AUCTION4CARS Auction Participation Terms Page 11 of 14 for other users, partners or advertisers to use that content in accordance with the functionality of the Website. 10. GENERAL 10.1. Limitation of liability. Auction4Cars will not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Auction Participation Terms or our Website for: 10.1.1. loss of profits; 10.1.2. loss of sales or business; 10.1.3. loss of agreements or contracts; 10.1.4. loss of anticipated savings; 10.1.5. loss of use or corruption of software, data or information; 10.1.6. loss of or damage to goodwill; and 10.1.7. indirect or consequential loss. 10.2. Auction4Cars liability. Auction4Cars’ total liability arising under or in connection with these Auction Participation Terms will be limited to £100. 10.3. Save as expressly agreed between us in writing, Auction4Cars will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 10.3.1. use of, or inability to use, the Website; or 10.3.2. use of or reliance on any content displayed on the Website. 10.4. The Website is for “business to business” use. Auction4Cars do not provide the Website for use by consumers. 10.5. To the extent permitted by law, Auction4Cars exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it. 10.6. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Auction4Cars of those linked websites or information you may obtain from them. Auction4Cars have no control over the contents of those sites or resources. 10.7. Disputes. Auction4Cars is not obliged to assist or engage with, and accepts no liability in respect of, any disputes between bidders, or between Buyers and Sellers. 10.8. Insolvency Sales. Where Auction4Cars conducts a Sale on behalf of a Seller who is either a receiver, administrator or liquidator of a limited company or a trustee in bankruptcy: 10.8.1. the Seller and Auction4Cars on their behalf only sell whatsoever right, title or interest the company or bankrupt may have in any Lot; and 10.8.2. in the event of a third party proving to have a superior title or right to custody or possession of any Lot, Auction4Cars may rescind the Contract of Sale and upon return of any Purchase Price to the Buyer, neither the Seller nor Auction4Cars shall be under any further liability to the Buyer. AUCTION4CARS Auction Participation Terms Page 12 of 14 10.9. B2B only. The Buyer acknowledges that any Sale is not a consumer sale for the purposes of consumer rights laws, and the Buyer shall not seek to rely upon any conditions or warranties implied by such laws. 10.10. Privacy. Personal data will be processed as set out at https://www.motorpoint.co.uk/privacyhttps://www.motorpoint.co.uk/privacy (as updated, amended or replaced from time to time). 10.11. Force Majeure. Auction4Cars will not be in breach of these Auction Participation Terms nor liable for delay in performing, or failure to perform, any of its obligations herein if such delay or failure result from events, circumstances or causes beyond its reasonable control. 10.12. Assignment and other dealings. 10.12.1. Auction4Cars may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Auction Participation Terms. 10.12.2. No other party may assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Auction Participation Terms without Auction4Cars’ prior written consent. 10.13. No partnership. Nothing in these Auction Participation Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party (except as between the Seller and Auction4Cars where Auction4Cars is appointed as agent), or authorise any party to make or enter into any commitments for or on behalf of any other party. 11. Notices. 11.1.1. Any notice or other communication given by one party to another other under or in connection with these Auction Participation Terms must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service at its registered office, or e-mail: (i) in the case of Auction4Cars, to A4cteamleaders@auction4cars.com or (ii) in the case of bidders, a Buyer or a Seller, to the e-mail address provided during registration or such other address as is provided to Auction4Cars. 11.1.2. A notice or other communication is deemed to have been received: if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; or if sent by e-mail, at the time of transmission. 11.1.3. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution. 11.1. Third party rights. Unless it expressly states otherwise, these Auction Participation Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of AUCTION4CARS Auction Participation Terms Page 13 of 14 this agreement and the rights of the parties to rescind or vary these Auction Participation Terms are not subject to the consent of any other person. 11.2. Entire Agreement. These Auction Participation Terms, together with the documents referred to herein, constitutes the entire agreement and understanding between the parties in relation to its subject matter and supersedes and extinguishes any previous agreement between the parties or any of them relating to such matters. 11.3. Representations. You acknowledge that by agreeing to these Auction Participation Terms, and any of the documents referred to herein, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Auction Participation Terms (or incorporated documents) as a warranty. 11.4. Governing law and jurisdiction. These Auction Participation Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim. 11.5. Definitions and interpretation. 11.5.1. The definitions in this clause apply to these Auction Participation Terms: “Auction4Cars” means Motorpoint Limited (trading as Auction4Cars) (company number 3482801) which has conduct of auctions and sales and/or any of its other authorised representatives thereof. “Buyer” the person to whom a Lot is sold. “Buyer Fee” the fee payable by the Buyer to Auction4Cars in relation to a Lot, calculated in accordance with clause 6, and added to the Purchase Price. “Contract for Sale” means the contract for sale formed either between:  the Buyer and Auction4Cars (where a Lot is sold on Auction4Cars’ own behalf as principal); or  the Buyer and the Seller (where Auction4Cars acts as an agent for the Seller), once the Purchase Price has been achieved. “Defaulter’s Fee” means the greater of: £100; and the Buyer’s fee payable in respect of the relevant Lot if it had sold for an amount equal to its Reserve. “Description” any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its condition, age, quality and/or value. “End Date” such expiry date and time as we may allocate and publish on the Website for the relevant Sale for a Lot to end, at which point further Offers will not be accepted. “Entry” a written statement on the Website identifying the Lot which may include: a Description and photograph(s) relating to the Lot, payment details, collection times, the amount of the Buyer Fee, VAT chargeable, and any other relevant terms relating to that particular Sale, and which in all cases are governed by these Auction Participation Terms. “Lot(s)” any Vehicle consigned to Auction4Cars with a view to its Sale (either by way of auction or private treaty sale) via the Website. “Premises” the location where the individual Lots are stored pending Sale and collection. AUCTION4CARS Auction Participation Terms Page 14 of 14 “Purchase Price” the Winning Bid Price in the case of an auction Sale, or the Offer accepted by Auction4Cars in the case of a “Buy It Now” or other private treaty Sale. “Registration” the process of registration to use Auction4Cars’ platform, as detailed on the Website from time to time. “Release Code” a unique code sent by Autcion4Cars to the Buyer, to be shown at the point of collection as proof of purchase and payment. “Reserve” the minimum price at which a Lot may be sold (whether a Sale is an auction or by private treaty). “Sale” the auction or private treaty sale, at which a Lot is to be offered for sale by Auction4Cars. “Seller” the person who offers a Lot for Sale. “VAT” value added tax at the prevailing rate at the date of the Sale in the United Kingdom. “Vehicle” every kind of motor car, motorcycle, trailer and/or motorised caravan and every kind of commercial vehicle one or more of which may comprise a Lot offered for sale or auction. “Website” means the website https://www.auction4cars.com/. “Winning Bid Price” means the highest Offer accepted by Auction4Cars including any applicable VAT. 11.5.2. References in these Auction Participation Terms to “writing” or “written” include e-mail but not faxes. 11.5.3. If any of these Auction Participation Terms are inconsistent with any term of: the Entry, the Entry shall prevail; the Seller’s Contract, the Seller’s Contract shall prevail; and a Contract for Sale, the Contract for Sale shall prevail. 11.5.4. If any of the terms of the Seller’s Contract (between Auction4Cars and a Seller) are inconsistent with any term of a Contract for Sale, the Contract for Sale shall prevail. 11.5.5. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 11.5.6. Any words following the terms “including”, “include” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 11.5.7. Except where the context requires otherwise words denoting the singular include the plural and vice versa. Words denoting one gender include all genders and vice versa. 11.5.8. A reference to a statute or a statutory provision is: a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment; and includes any subordinate legislation for the time being in force made under it.