Terms & Conditions

SPECIAL CONDITIONS OF SALE

Off-Site Location: As displayed on www.nationwidecarauctions.co.uk henceforth referred to as the website, Nationwide car Auctions henceforth will be referred to as NCA sale details page or in the catalog print or media

Directions: As displayed on the website

Viewing: As displayed on the website sale details page or in the catalog

Access to the Off-site Location is allowed on the understanding that all persons attend the Location entirely at their own risk and are responsible for and will indemnify the Seller and the Company against any losses damage or claims occasioned by their presence at the Location.

Children under the age of 16 will not be allowed access to the Location.

Registration:

All bidders must register their details with the Company via the website and provide identification where required. In the case of Live Auctions by way of the registration form provided at the Live Auction or in the Catalogue and in the case of Online Auctions, online at the Website

Bidding:

The General Conditions and the Special Conditions apply to all Sales by way of Auction, private treaty and tender and in the case of any Bids placed by way of an Online Auction stress that all Bidders must read and understand NCA ’s terms and conditions of registration via the website

At the close of the timed Online Auction Sale final Bid figures will be submitted to the Seller for its approval and any Bid shall be subject to approval and acceptance by the Company and/or the Seller. No Bid may be withdrawn and the Company/Seller does not bind himself to accept the highest Bid or any other Bid placed in the course of the Online Auction Sale.

Buyer’s Premium:

Buyers will pay a Buyer’s Premium (as displayed on our website sale details page or in the catalog) (plus VAT if applicable ) of the purchase price for each Lot purchased whether by Auction, private treaty, or tender. The Buyer`s Premium is payable by the Buyer to the Company in accordance with the General Conditions and, for the avoidance of doubt is payable in addition to the purchase price for the Lot. The Buyer`s Premium is not negotiable and is payable by all Buyers.

Deposit:

Buyers shall pay a deposit of 25% (plus VAT if applicable ) of the purchase price for each Lot purchased as requested by the Company pursuant to the General Conditions and these Special Conditions. The company reserve the right to take a deposit by way of a credit/ debit card payment from the card presented for registration if the payment terms below are not complied with.

Payment:

All lots shall be paid for in full within 24 hours of the conclusion of the sale and shall be at the Buyer`s risk immediately upon the conclusion of the sale.

Cash -Cash will be accepted as payment by going into any bank and depositing it into the Nationwide car auctions account
Full identification may be requested at the bank so have to hand your identification to show the bank when depositing funds into theNCA bank account

Bankers Draft/ Cheques: Are not encouraged if they are accepted goods will not be released until cleared funds have been confirmed by our bank

Payment Cards: The Company only accepts debit and credit cards for payment of invoices under the total of £250. Full payment can be made through the payment link requested or Bank Transfer which is the favored method

All sums payable under the General Conditions and these Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company.

Clearance:

All lots must be cleared without fail by the date as displayed on our website or as notified sale details page or in the catalogue, such date and time being the Clearance Date and Time as referred to in the General Conditions, REMOVAL OF ALL LOTS WILL BE STRICTLY BY APPOINTMENT, please see the Company`s invoice for contact details.

Collection from site is the Buyer’s responsibility, the Company/ Seller can arrange vehicle delivery at £2.50 per mile from off-site to your chosen destination

Reserve Removal:

Lots sold subject to a reserve removal will either be indicated in the Catalogue with the date of availability or will be identified by the Auctioneer at the point of sale. A Deposit will be payable as with other lots but in this instance payment in full can be left until five (5) working days prior to availability. Unless specified to the contrary such Lots must be removed from the Location not later than the Clearance Date and Time specified for final removal in these Special Conditions.

Fire Alarm:

In case of a fire alarm, all visitors and contractors are to exit buildings and report to the Muster Point.

Smoking:

No smoking on our Approved Off-site location sites. Food and Drink are only to be consumed in designated areas.

Safety:

All persons including Buyers, their employees, agents, representatives and contractors are reminded that they are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing as appropriate.

Finance:

If Buyers wish to purchase Lots with the help of a finance company they should make arrangements well in advance of the Sale to ensure that they are able to make payment in accordance with the General Conditions.

Overseas Buyers:

Overseas Buyers should ensure that the country to which the items are destined:-

• holds no import restrictions on the goods to be purchased;

• has no import licence restrictions or a restriction on currency allocation;

• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Company`s bank.

Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The [Seller and/or Company] will be pleased to advise accordingly.

The Company makes no representation and accepts no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns:

All overseas Buyers (EU and non EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Seller is unable to refund the VAT on the Buyer’s Premium to non EU countries.

Misrepresentation:

Whilst every effort has been made to provide reliable information, NCA do not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness.

GENERAL CONDITIONS OF SALE

1. Interpretation

1.1. In these General Conditions the following words and expressions shall have the meanings set opposite:

“Auction” any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these General Conditions and the Special Conditions;

“Auctioneer” the person conducting the Auction or to whom the conduct of the Auction is delegated under General Condition 4.9 below;

“Bidder” any person who offers to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender;

“Bid” an offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;

“Buyer” any person who agrees to purchase any Lot whether at Auction or by private treaty or tender and as determined under General condition 4.12 below;

“Buyer`s Premium” a commission payable by the Buyer on the completion of a Sale the amount of which is set out in the Special Conditions; The Auctioneer, when acting as Agent for the Seller, may also receive commission from the Seller.

“Catalogue” the catalogue incorporating these General Conditions and the Special Conditions;

“Clearance Date and Time” the date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions;

“Deposit” the sum payable by the Buyer to the Company as set out in the Special Conditions;

“Live Auction” any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue;

“Location” the premises at which the Lots are located, details of which are set out in the Special Conditions;

“Lot” any Lot described in the Catalogue, on the Website or on the Company’s invoice;

“Online Auction” any auction conducted over the internet via the Website pursuant to these General Conditions and the Special Conditions;

“Sale” the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 4.11 below;

“Seller” the person upon whose instructions the Company is conducting the Sale, details of whom are set out in the Special Conditions;

“Special Conditions” any additions to these General Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company;

“Website” the website at: www.nationwidecarauctions.co.uk

“VAT” value added tax chargeable under English Law for the time being and any similar additional tax.

2. Application of these General Conditions

2.1. These General Conditions apply to every Sale of plant and machinery, chattels and trade stocks conducted by the Company.

2.2. These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the “Conditions of Sale”.

2.3. To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.

2.4. Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.

2.5. These General Conditions shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

2.5.1 Scotland in which case the laws of Scotland shall apply; or

2.5.2 Northern Ireland in which case the laws of Northern Ireland shall apply.

2.6. A reference to writing or written shall include e-mail.

2.7. Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.

3. Identity of the Parties

3.1. The Company offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

3.2. The identity of the Seller is set out in the Special Conditions.

3.3. Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

3.4. Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Company for all obligations and liabilities of his principal jointly and severally with the principal. The Bidder warrants that he has the authority of his principal to make each Bid made.

3.5. Every Bidder is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Company before making any Bid and in the case of:

3.5.1. a Live Auction by the completion of a registration form;

3.5.2 an Online Auction by online registration at the Website; and

3.5.3 a private treaty or tender by prior registration or notification of details, as and when requested by the Company.

3.6 The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

3.7 On registration for an Online Auction Bidders will be added to the Company`s mailing list for the purposes of notification of future sales by email. If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.

3.8 On registration in accordance with General condition 3.5 the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they are the only people entitled to register for the Auction. By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.

4. Conduct of Auctions

4.1 Any Lot may be subject to a minimum bid or reserve price. The Seller is entitled to change these at any time before the conclusion of the Sale.

4.2 The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may Bid for any Lot. Persons entitled to Bid pursuant to this condition 4.2 shall be entitled to place Bids on any Lot up to the reserve price including by placing Bids in response to other Bidders.

4.3 Lot descriptions will be amended as appropriate as and when information becomes available to the Company. Prospective Bidders must read Lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on the Website or in the Catalogue in relation to a particular Lot.

4.4 The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.

4.5 The Company may sell any Lot by private treaty or tender before or after the Auction. The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

4.6 No Bid shall be retracted without the consent of the Auctioneer.

4.7 The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

4.8 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

4.9 The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent the conduct of the Auction in accordance with these General Conditions.

4.10 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.

4.11 A Sale is concluded (constituting acceptance of the Bidder`s offer, subject to General Condition 4.12 below) when:

4.11.1 in the case of a Live Auction, on the fall of the Auctioneer`s hammer; and/or,

4.11.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition 4.17.3 below or;

4.11.3 in the case of a private treaty or tender, when the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by way of receipt of the Company’s invoice.

4.12 The Buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.11 above subject to approval and acceptance by the Company, the Auctioneers and the Seller or such other Bidder as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give a reason. The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.

4.13 In the case of an Online Auction the Buyer, as determined under General Condition 4.12 above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.

4.14 In the event that the reserve price is not met, the Company may consider the Bids received below the reserve price with the Seller who at its sole discretion may accept, reject or place a counteroffer.

4.15 On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions 4.11 and 4.12 above, the Buyer acknowledges and agrees that he has entered into a contract with the Seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.

4.16 The Buyer may not remove any Lot he has bought until after the end of the Auction.

4.17 In relation to an Online Auction:

4.17.1 the Company cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;

4.17.2 the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.17.3 below);

4.17.3 the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction.

4.18 In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Company or the Seller.

4.19 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Company’s and/or the Auctioneer’s principal place of business.

5. Sale and Payment

5.1 The Buyer shall pay the following sums to the Company in full and without set off:-

5.1.1 immediately upon the Sale of any Lot the Deposit, if requested by the Company; and

5.1.2 the balance of the price of the Lot purchased, together with the Buyer’s Premium by no later than 48 hours after conclusion of the Sale or, in the case of an Online Auction, after receipt of an invoice in respect of the purchased Lot(s) pursuant to General Condition 4.13 above, or such other time and date as may be specified in the Special Conditions; and

5.1.3 any other payment or amount due to the Seller and/or the Company pursuant to these General Conditions or the Special Conditions on demand.

5.2 In every case time for payment shall be of the essence.

5.3 In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

5.4 If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay to the Company interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate of Barclays Bank Plc per month or any part thereof until payment in full is made.

5.5 Until the Buyer has fully complied with its obligations in this General Condition 5:-

5.5.1 title to any Lot bought shall not pass to the Buyer;

5.5.2 the Seller shall have a lien over any Lot bought by the Buyer in the Auction;

5.5.3 if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.

5.6 All sums payable under these General Conditions and the Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company. On written request by the Buyer the Company will provide a VAT invoice.

5.7 The Company will only accept payment under this General Condition 5 from the Buyer or its authorised agents.

6. Removal of Lots

6.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the conclusion of the Sale.

6.2 The removal of Lots from the Location shall be undertaken by the Buyer entirely at its own risk and without any liability whatsoever to the Company.

6.3 Buyers are responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs.

6.4 The Buyer may not remove any Lot until the Buyer has:-

6.4.1 paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and

6.4.2 if requested by the Company produced satisfactory evidence to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 6.11 below and/or deposited with the Company, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.

6.5 The Company will only permit the removal of Lots purchased by the Buyer or its authorised agents.

6.6 The Buyer must remove each Lot purchased by the Clearance Date and Time for which time shall be of the essence. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions. No clearance on Bank or Public Holidays.

6.7 Buyers should co-operate regarding order of removal of Lots in order to comply with the Clearance Date and Time. If it transpires that a Buyer makes no effort to commence dismantling and the particular Lot is preventing other buyers from removing purchased Lots, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the specified Clearance Date and Time. In the event the Buyer does not comply with its obligations under this General Condition 6.7, then the Auctioneer reserves the right to arrange for the removal and/or storage of the Lot and charge any attendant costs to the Buyer.

6.8 If any Lot is unsold and has to be dismantled & lowered to allow the removal of any other lot, then such dismantling & lowering shall be the responsibility of the Buyer of the relevant Lot(s).

6.9 Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Buyer and use is subject to any licence or copyright restrictions and user conditions. The Sellers, Company and/or Auctioneers reserve the right to erase any private or sensitive information prior to the Sale or at any later date.

6.10 The Buyer and/or his removal contractor must liaise with the Company`s site representative prior to commencing dismantling/removal of a Lot from the Location and must at all times comply with its obligations under clause 6.11 below.

6.11 When removing any Lot from the Location the Buyer shall, or shall procure that its removal contractors shall:

6.11.1 carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/removing the Lot and shall fully satisfy themselves that they can detach/remove the Lot in compliance with the Buyers obligations under this General Condition 6.11 prior to handling and/or commencing removal of a Lot;

6.11.2 obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;

6.11.3 buyers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant & equipment will have to be replaced, unless otherwise specified by the Company;

6.11.4 when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Company;

6.11.5 remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2007, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale. To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Buyer shall be to the best industry practice;

In all cases arising under this General Condition 6.11 the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Company and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Company and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this General Condition 6.11 and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 6.11.

6.12 The Company shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the Company, the Buyer must liaise with the Company`s site representative as to how the Lot should be removed from the Location provided that the Buyer shall at all times ensure that it complies with its obligations under General Condition 6.11 above and the Company shall have no liability in this regard.

6.13 The Buyer shall provide evidence as and when requested by the Company of the Buyer`s insurance policies in respect of the following insurances and at a minimum level of:

6.13.1. Public Liability Cover – limit Two Million Pounds (£ 2,000,000); and

6.13.2. Employers Liability Cover – limit Ten Million Pounds (£10,000,000);

the Company reserves the right to vary the level of insurance cover stated above at any time, as and when required.

6.14 The Buyer shall provide to the Company a Risk Assessment & Method Statement complying with The Construction (Design & Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as shall from time to time be in force.

6.15 Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative.

6.16 It is expressly brought to the Buyer’s attention that certain Lots could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during their removal could result in breach of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.

6.17 Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements.

6.18 The Buyer must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal and removal if waste, and if required, satisfy the Company in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site.

6.19 It is the purchaser’s or their removal contractors responsibility (i.e. Police, Ministry of Transport, Local Authority) to transport off site long/ wide loads, within sufficient time prior to the commencement of clearance period as stated in the Special Notes & Conditions.

6.20 The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Buyer but before it is removed from the Location.

6.21 All Lots are sold on the understanding that the Seller does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Buyer must ensure that they comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.

6.22 The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot.

7. Default by the Buyer

7.1 If at any time the Buyer has failed to pay the sums specified in General Condition 5 above in full by the due date for payment, or to remove any Lot purchased by the Clearance Date and Time specified in the Special Conditions the Seller may rescind the Sale of that Lot, in which case any Deposit shall be forfeit, and that Lot may be resold.

7.2 If the Seller has rescinded the Sale but the Buyer has removed the Lot purchased, the Seller shall be entitled without previous notice to enter upon any premises where he believes the Lot to be and remove it.

7.3 If the Seller has rescinded the Sale and the Lot has been resold by the Auctioneer and/or the Company or by the Seller, the Buyer shall reimburse the Seller with any shortfall where:-

7.3.1 the resale price less the Sale price; and

7.3.2 the costs incurred by the Seller incidental to the resale.

7.4 If the Buyer fails to remove any Lot by the Clearance Date and Time specified:-

7.4.1 the Seller may remove the Lot from the Location and leave it outside at the Buyer’s risk in all respects;

7.4.2 the Seller may charge the Buyer for the reasonable costs of storage;

7.4.3 the Seller may charge the Buyer rent, taxes, men`s wages and expenses incurred as a result of the Lot(s) remaining at the Location; and

7.4.4 the Buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the Lot from the Location.

8. Acknowledgements and Exclusion of Warranties

8.1 The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Seller or the Company or any of their employee’s agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the Lots are expressly excluded and without limitation any warranties and conditions as to title, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

8.2 The Buyer further acknowledges that neither the Sellers nor the Company shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the Special Conditions.

8.3 The Buyer also acknowledges that:-

8.3.1 all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Buyer is at the Buyer’s risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them;

8.3.2 if it shall be found that the Seller does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable;

8.3.3 anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller;

8.3.4 any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Company may be unable to effect transfer. The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

8.4 The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the Buyer’s responsibility to remove Company logos and lettering from vehicles. Odometer readings are not warranted.Buyer to remove using a transport recovery company to remove vehicle of site
All lots are “sold as seen” with all faults and imperfections (whether or not rendering such vehicle unroadworthy) and errors of description. The descriptions online or in catalogues are for the general identification only. Buyers should satisfy themselves prior to the purchase as to the condition of each lot. Any statement by the Company as to a lot is a statement of opinion only and every party should rely on his own judgement as to all matters affecting the lot PROVIDED THAT nothing in these Conditions shall exclude any parties’ liability for statements made fraudulently.

In addition, no warranty or guarantee is given in respect of mileage of any lot or that any lot sold complies with any statutory requirements or regulations.

It is the buyer’s responsibility to ensure that any lot purchased by him, which is a motor vehicle is in a roadworthy condition prior to it being used upon a public highway and where such a lot is not in a roadworthy condition, it is the buyer’s responsibility to ensure that it is transported from the Viewing premises legally.

The Company, its servants or agents are not responsible for errors of description or for the authenticity of any lot or for any mis-statement as to any matter affecting them. The Company, its servants or agents does not make or give, nor has any person in the employment of the Company have any authority to make or give, any representation or warranty in relation to any lot and any implied conditions or warranties are excluded to the fullest extent permissible under law.

The Company sells as agent for the seller and as such is not responsible for any default by seller or buyer. The Company cannot and does not check the merchantability or any other qualities of the lots offered for sale, at any auction on the Company’s stock nspection viewing sites by any seller. Lots are sold on behalf of the seller and all warranties as to the condition of the lot are excluded by the seller to the fullest extent possible under the law. The Company is not a party to any contract for the sale of any items in any lot and does not accept liability to the parties to any such contact.

The buyer of each lot shall pay to the Company [£500 or a amount advised on the website as a non-refundable deposit.
Or payment in full

Each buyer shall pay the purchase price (which shall be the accepted bid at the time of acceptance plus any other sums payable by the buyer to the Company) under the terms of these Conditions and shall remove the purchase goods from the Company’s premises no later than 24 hours after the time of acceptance of the bid PROVIDED THAT no purchase may be removed during the auction or until such time as all money due from the buyer has been received in cleared funds. Failure to pay within the specified time (referred to above) will result in the loss of any deposit paid.

8.5 The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the Seller nor the Company shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

8.6 The Buyer acknowledges and agrees that the Company is acting only as agent of the Seller and it is expressly agreed and declared that no personal liability in connection with the Sale of any Lot or otherwise shall fall on the Company and the Buyer shall indemnify the Company against all and any liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Seller without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.

8.7 The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-

8.7.1 the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the possibility that the Buyer may not acquire title and the fact that the Buyer would have no remedy under this Agreement should that happen;

8.7.2 the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognised as being fully effective by the Courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;

8.7.3 the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.

8.8 Notwithstanding anything else in these General Conditions, the Seller’s and the Company’s total liability under or in connection with the Sale of any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the price paid for the Lot or if no price has been paid then the higher of the market value or reserve price for the Lot. This General Condition 8.8 does not apply to liability for death or personal injury.

8.9 The Buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and the Buyer shall not seek to rely upon and conditions or warranties implied thereby or by any other legislation.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO CONDITION 14 (UNROADWORTHY AND DEFECTIVE VEHICLES) AND TO THE TIME LIMITS IMPOSED BY CONDITIONS 10, 15 AND 16. BUYERS HAVE CERTAIN RIGHTS WHICH CAN BE EXERCISED ONLY WITHIN THOSE TIME LIMITS.
Nationwide Car Auctions also known as NCA SHALL BE ENTITLED TO AMEND, UPDATE OR OTHERWISE VARY THESE CONDITIONS FROM TIME TO TIME AS IT SEES FIT.

 

1 DEFINITIONS AND INTERPRETATION

1.1 In these Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
1.1.1 “Applicable Law” means all laws, statutes, regulations, orders and rules in each case having the force of law that apply to the operation of these Conditions;
1.1.2 “As Is” (also referred to in the vehicle remarketing sector as “as seen”) in relation to a Vehicle sale means that the Vehicle is sold and purchased where it is in its actual state and condition as at the Point of Sale, including with any faults and defects affecting the vehicle (if any) and, except for that term, the Contract for Sale shall not contain any condition, warranty or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle. All such conditions, warranties and other terms are excluded in respect of any Vehicle sold “As Is” to the extent permitted by Applicable Law. The fact that the Buyer has not or has had the opportunity physically to inspect the Vehicle shall not prevent the Vehicle from being sold “As Is”;
1.1.3 “Auction” means any auction (of any format or type) of a Vehicle operated by NCA (whether physical or online or both), including any fixed-price Vehicle sale where a Buyer may bid the required Price in order to purchase the relevant Vehicle;
1.1.4 “Auctioneer” means NCA or any employee or agent of NCA who at the relevant time has the conduct of an Auction;
1.1.5 “NCA ” means Nationwide Car Auctions Limited or any other company in NCA ’s Group which at the relevant time and place has the conduct of an Auction;
1.1.6 “NCA System(s)” means the NCA Website, or any other systems, platforms or electronic means of communication made available by NCA to Sellers and/or Buyers in connection with the sale and purchase of the Vehicles;
1.1.7 “NCA Website” means the website located at www.nationwidecarauctions.co.uk, or any replacement website from time to time;
1.1.8 “Buyer” means any participant in an Auction who may bid on a Vehicle and the ultimate buyer of a Vehicle offered for sale by a Seller following the highest bid accepted by the Auctioneer (including, in the case of online Auctions, by or through the NCA Website) at the Point of Sale or by Private Treaty Sale and reference to the Buyer shall, where the context so requires, include any authorized registrant on the Buyer’s account with NCA
1.1.9 “Buyer On-Boarding Process” means the REGISTRATION process which all prospective Buyers must
complete before obtaining an account with NCA and being able to bid at Auction; 1

1.1.10 “Contract for Sale” means the contract for sale of a Vehicle entered into between the Seller and the Buyer;
1.1.11 “Entry Data” means, in respect of a Vehicle, the information (whether in hard copy or electronic form) containing details of the Vehicle, which is completed by the Seller or by NCA on the Seller’s behalf;
1.1.12 “Group” means in relation to a company its ultimate holding company and each of its ultimate holding company’s other subsidiaries from time to time (a “holding company” and “a subsidiary” being as defined in section 1159 of the Companies Act 2006);
1.1.13 “Point of Sale” means when the Auctioneer announces completion of sale of the Vehicle by the fall of the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another customary manner;
1.1.14 “Pre-Sale Vehicle Information” means, in respect of a Vehicle, the information relating to it made available to the Buyer (whether online,Off Site or otherwise) prior to the Auction in which that Vehicle is sold;
1.1.15 “Price” means, in respect of a Vehicle, the highest bid accepted by the Auctioneer for the sale of that Vehicle or, in the case of any fixed-price Vehicle sale, the required price in order to purchase the relevant Vehicle;
1.1.16 “Private Treaty Sale” shall have the meaning given in Condition 25.2;
1.1.17 “Reserve Price” means the minimum price that the Seller is willing to accept for the Vehicle being sold
at an Auction;
1.1.18 “Seller” means the seller or prospective seller of a Vehicle at an Auction on whose behalf the Auctioneer is auctioning the Vehicle. Reference to the Seller shall, where the context so requires, include any authorised registrant on the Seller’s account with NCA
1.1.19 “Serious Accident Damage” means any previous or existing structural damage to the Vehicle so extensive that the repair included (or should have included) a body alignment check as part of the repair process;
1.1.20 “Total Loss” means structural or other damage to the Vehicle that results in the Vehicle being categorised as a write-off for insurance purposes, and/or previously categorised in any context as salvage or otherwise beyond economic repair; and
1.1.21 “Vehicle” means any kind of motor car, motor cycle or motorised caravan,or electric motor or every kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and electrical plant and equipment.
1.2 Illustrations and photographs of a Vehicle published by NCA on the NCA Website or elsewhere are for identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the colour(s) or true state and condition of the Vehicle.
1.3 The age of a Vehicle shall be calculated by reference to the year in which the Vehicle was first registered in the United Kingdom. Every reference in these Conditions, in any Entry Data or other document or by the Auctioneer to “the age” of a Vehicle shall be construed accordingly. If such year cannot be determined, then the Vehicle will be offered for sale as “date of registration unknown”.
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5 A reference to a party includes its successors and permitted assigns.
1.6 A reference to a statute or statutory provision is a reference to it as it is in force from time to time, taking account of any amendment, extension or re-enactment and includes any subordinate legislation from time to time in force made under it.
1.7 Any words following the terms “including”, “include”, “in particular”, “for example” 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.
1.8 A reference to writing or written excludes fax but includes email unless expressly provided otherwise in these Conditions.
1.9 Headings are for convenience only and shall not affect the interpretation of these Conditions.
1.10 Words in the singular include the plural and vice versa and reference to any gender includes all genders.

2 ACCEPTANCE OF VEHICLES BY NCA

2.1 In order for NCA to enter a Vehicle into an Auction, the Seller shall:
2.1.1 make the Vehicle available for Auction (whether through delivery to the site of the Auction, another location notified to the Seller by NCA , At the sellers site or their choice of location , or otherwise);
2.1.2 provide the Vehicle registration document (Form V5) or any substitute for that document approved in writing by NCA (and provision of any such document to NCA by email shall be sufficient for this purpose);
2.1.3 provide any subsisting test or plating or other document relating to the Vehicle;
2.1.4 make available the keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle; and
2.1.5 subject to Condition 4, provide to NCA the Entry Data fully completed and signed or otherwise validated by the Seller. Where the Seller provides the Entry Data to NCA online, the Seller’s email address will be recorded by NCA . Any and all Entry Data and other information relating to a Vehicle received by NCA from the Seller’s recorded email address shall be deemed to be provided by or on behalf of the Seller.
2.2 NCA may (in its absolute discretion):
2.2.1 enter a Vehicle into an Auction even where the Seller fails to comply with one or more of the Conditions at 2.1.1 – 2.1.5; or
2.2.2 refuse to enter a Vehicle into an Auction if the Seller has failed to comply with any of the Conditions at 2.1.1 – 2.1.5.
2.3 Vehicles advertised for sale may have been used for business purposes and/or by multiple users. Previous ownership, whilst indicative of use, is not conclusive. NCA shall not be liable to the Buyer as a result of any Vehicle having been used by the Seller or any previous registered keeper for business purposes and/or such Vehicle having been used by multiple users.
2.4 The Seller acknowledges that NCA may use the Seller’s details, and may share the Seller’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, NCA shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.

3 SELLER’S WARRANTIES AND ENTRY DATA

3.1 In respect of each Vehicle, the Seller warrants and represents to NCA and the Buyer that, unless specifically stated otherwise by the Seller in the Entry Data:
3.1.1 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle free from all liens, charges, encumbrances and third party claims;
3.1.2 if NCA sells the Vehicle at the Auction or by Private Treaty Sale, such sale will conform in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (implied terms about title);
3.1.3 the Vehicle bears its proper registration mark and vehicle identification number;
3.1.4 the Vehicle has not been treated by an insurance company as a Total Loss;
3.1.5 the Vehicle has not sustained Serious Accident Damage;
3.1.6 the Vehicle has not been used by the police and has not been used as a licensed hackney carriage/taxi or private hire vehicle;
3.1.7 the Vehicle has not been re-registered or imported;
3.1.8 the Vehicle has not sustained flood damage;
3.1.9 the Vehicle has not been stolen and subsequently recovered;
3.1.10 the odometer reading is not warranted;
3.1.11 there are no known inaccuracies in relation to the Vehicle’s mileage;
3.1.12 all keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle are in full working order or are valid (as the case may be);
3.1.13 if the Vehicle carries a cherished registration plate which is to remain assigned to the Vehicle, the Seller has the absolute right to sell the right to use that plate along with the Vehicle;
3.1.14 the Vehicle is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
3.1.15 the Vehicle is to be sold without a Reserve Price.
3.2 If the Vehicle carries a cherished registration plate which is not to be sold with the Vehicle, the Seller shall confirm that fact in the Entry Data and shall make the necessary arrangements validly to retain the plate.
3.3 The Seller further warrants and represents to NCA and the Buyer that the Entry Data is entirely accurate and contains details of any known major mechanical faults. The Seller shall make any and all amendments or updates to the Entry Data as necessary to ensure that the Entry Data is accurate as at the Point of Sale.
3.4 The Seller agrees that NCA may (but is not obliged to) publish before the Auction (by whatever means NCA deems appropriate) and to announce at the Auction any information contained in the Entry Data or supplied by the Seller, any fair summary of any such information, and any fair description of the appearance of the Vehicle.
3.5 Where a Seller offers a Vehicle for sale via online Auction in circumstances where the Vehicle is not physically
present on NCA premises, the Seller:
3.5.1 shall:
a) ensure that the person(s) in whose possession and/or control the Vehicle remains is/are aware and understand(s) the implications of the fact that the Vehicle is being so offered for sale; and
b) not enter into a contract (“Third Party Contract”) for the sale of the Vehicle otherwise than via the Auction whilst it is being so offered; and
3.5.2 acknowledges that, if they breach Condition 3.5.1b), they may incur legal liabilities to one or more Buyers, NCA and any purchaser under the Third Party Contract.

4 COMPLETION OF ENTRY DATA BY NCA ON THE SELLER’S BEHALF

4.1 This Condition 4 shall apply if the Seller requests NCA to complete all or any part of the Entry Data on the Seller’s behalf and NCA agrees to do so.
4.2 NCA may agree with the Seller that NCA will, on behalf of the Seller, complete all or part of the Seller’s Entry Data in respect of a specified Vehicle. No such agreement shall be implied by reason only of the fact that NCA has accepted a Vehicle into the Auction without any Entry Data or with incomplete Entry Data.
4.3 If NCA agrees with the Seller to complete all or part of the Seller’s Entry Data in respect of a specified Vehicle in accordance with Condition 4.2:
4.3.1 the Seller shall remain liable for the accuracy of the Entry Data unless NCA makes an error in following the Seller’s instructions in respect of the Entry Data, in which case Condition 4.3.6 will apply;
4.3.2 unless the Seller has notified NCA in writing (including email) to the contrary (either generally or in respect of any particular Vehicle), NCA shall complete the relevant Entry Data and the Seller shall be deemed to give all of the warranties and representations set out in Condition 3.1 in relation to the relevant Vehicle;
4.3.3 if the Seller cannot give any of the warranties and representations set out in Condition 3.1, the Seller must notify NCA promptly in writing (including email) prior to NCA completing the Entry Data on behalf of the Seller and, in any event, prior to the Vehicle being entered into the Auction. The Seller shall indemnify NCA against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NCA arising out of or in connection with the Seller’s failure to notify NCA in accordance with this Condition 4.3.3 that it cannot give any of the warranties and representations set out in Condition 3.1;
4.3.4 the Seller may instruct NCA to enter all or any Vehicle(s) in the Auction “As Is” or may instruct NCA as to the mechanical condition of a Vehicle, in which event NCA shall complete the Entry Data relating to that Vehicle in accordance with such instructions. The Seller shall be responsible for the accuracy of such instructions and shall indemnify NCA against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NCA arising out of or in connection with the accuracy of such instructions;
4.3.5 where no directions or instructions have been given in respect of any particular Vehicle’s mechanical condition, NCA may, but is not obliged to:
a) insert details of the Vehicle’s mechanical condition in the Entry Data provided that it has first satisfied itself as to the mechanical condition of the Vehicle and as to whether it can be used lawfully upon the road; or
b) enter the Vehicle into the Auction “As Is”; and
4.3.6 NCA shall have no liability to the Seller or to the Buyer as a result of any inaccuracy in the Entry Data or in any publication or announcement based on the Entry Data unless and to the extent that NCA has made an error when following the Seller’s instructions in respect of such Entry Data or announcement. In that event, the Seller’s and the Buyer’s sole remedy against NCA shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on NCA ’s liability set out in Condition 10.

5 VEHICLE DOCUMENTS

5.1 If NCA accepts a Vehicle into an Auction despite the failure of the Seller to deliver to NCA either the Vehicle registration document or a substitute for that document approved by NCA in accordance with Condition 2.1.2, the fact that no such document has been delivered to NCA or to the buyer shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
5.2 If NCA accepts a Vehicle into Auction and the Seller informs NCA that there are subsisting test or plating documents relating to the Vehicle which have not been delivered by the Seller to NCA or handed over to the buyer in accordance with Condition 2.1.3, the fact that such document or documents have not been delivered shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
5.3 In the event of a disclosure in the relevant Pre-Sale Vehicle Information and/or an announcement by the Auctioneer under Condition 5.1 or 5.2:
5

5.3.1 neither the Seller nor NCA shall be under any obligation to procure, deliver or produce any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates; and
5.3.2 if any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates subsequently comes into the possession of NCA , the only obligation on NCA hall be to post it to the Buyer at the address recorded for the Buyer on the purchase invoice for the Vehicle.

6 RESERVE PRICES

6.1 NCA may (in its absolute discretion) enter the Vehicle into the Auction without a Reserve Price if:
6.1.1 the Entry Data relating to the Vehicle does not contain a Reserve Price; and
6.1.2 in reasonable time before the relevant Auction commences, the Seller has not otherwise notified NCA in writing of any Reserve Price (email, receipt and acceptance of which has been notified by NCA to the Seller, shall be sufficient for this purpose).
6.2 Where the Seller specifies a Reserve Price, this shall be deemed to be inclusive of VAT (where applicable) unless the Seller otherwise notifies NCA in writing (email, receipt and acceptance of which has been notified by NCA to the Seller, shall be sufficient for this purpose).
6.3 The Reserve Price specified in the Entry Data may not be qualified in any way, and the Auctioneer may (in their absolute discretion) disregard anything in the Entry Data (or any other instruction from the Seller, whether in writing or otherwise) which purports to qualify a Reserve Price.
6.4 When a Vehicle is entered into an Auction with a Reserve Price:
6.4.1 the Vehicle will not be sold unless the highest bid meets or exceeds the Reserve Price (except if the Seller authorises a sale during the bidding); and
6.4.2 the Auctioneer shall not be obliged to announce that Reserve Price unless they withdraw the Vehicle because it has not reached its Reserve Price.

7 THE CONDUCT OF THE AUCTION

7.1 The Auctioneer, without giving any reasons, may refuse to accept any bid and may regulate the bidding generally as they see fit.
7.2 A Contract for Sale between the Buyer and the Seller for the Vehicle shall be formed at the Point of Sale. Ownership of the Vehicle shall pass in accordance with Condition 18. Risk in the Vehicle shall pass in accordance with Condition 19.1.
7.3 If any dispute arises during the bidding or a dispute arises after the Point of Sale as to what bids were made or by whom, such dispute shall be referred to the Auctioneer for their decision. The Auctioneer’s decision (for which no reason need be given) shall be final, and the Auctioneer shall have absolute discretion to cancel the Contract for Sale and to offer the Vehicle for sale either during the same Auction, or in a subsequent Auction or other sale process.
7.4 If the Auctioneer exercises their discretion to cancel a Contract for Sale in accordance with Condition 7.3, neither the Buyer nor the Seller shall be entitled to rely on the original Contract for Sale for any purpose whatsoever, except that the Buyer shall be entitled to the return of any money which they may have paid in connection with such original Contract for Sale.
7.5 The Seller may:
7.5.1 withdraw a Vehicle from the Auction at any time before the Point of Sale; or
7.5.2 bid for a Vehicle themselves up to the Reserve Price for the Vehicle.
7.6 The Auctioneer and other employees of NCA may accept written (but not oral) or online instructions to bid on behalf of prospective Buyers but are not obliged to accept such instructions. Any such instructions which are accepted are at the prospective Buyer’s risk.
6

7.7 The Auctioneer shall have absolute discretion to withdraw a Vehicle from an Auction if in their opinion:
7.7.1 the bidding does not reach a reasonable level; or
7.7.2 there are other reasonable grounds for withdrawing the Vehicle.
7.8 The Buyer acknowledges that NCA may use the Buyer’s details, and may share the Buyer’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, NCA shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.
7.9 Save as otherwise expressly provided in these Conditions, the Auctioneer shall have absolute discretion in relation to offering the Vehicle for sale, including in relation to:
7.9.1 the place and date of the Auction at which the Vehicle is offered for sale, including cancelling or rescheduling the Auction at which the Vehicle is offered for sale;
7.9.2 the format and the type of the Auction at which the Vehicle is offered for sale; and
7.9.3 the manner in which the Auction is conducted.

8 “AS IS” VEHICLES

8.1 Subject only to:
8.1.1 Condition 9.2 (terms of Contract for Sale); and
8.1.2 Condition 11 (NCA Warranties),
each Vehicle shall be sold “As Is” unless specifically stated otherwise in the Entry Data and/or the Pre-Sale Vehicle Information. The Auctioneer may, but is not obliged to, announce that a Vehicle is being sold “As Is.”

9 THE CONTRACT FOR SALE

9.1 The parties to the Contract for Sale are the Buyer and the Seller. NCA is not a party to the Contract for Sale and is not liable for any breach of such contract by either the Buyer or the Seller.
9.2 It shall be a term of the Contract for Sale that:
9.2.1 unless otherwise disclosed in the relevant Pre-Sale Vehicle Information or indicated otherwise by the Auctioneer, the Seller represents and warrants to the Buyer that the Vehicle:
a) has not been treated by an insurance company as a Total Loss;
b) has not sustained Serious Accident Damage;
c) has not been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
d) has not been re-registered or imported;
e) has not sustained flood damage;
f) has not been stolen and subsequently recovered;
g) is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
9.2.2 unless provided otherwise in these Conditions, any description applied to the Vehicle by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information (subject to any qualifications or corrections to such Pre-Sale Vehicle Information announced by the Auctioneer) shall be reasonably accurate.
7

9.3 When a Vehicle is described 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. The parties agree that, in determining the accuracy of the description “no major mechanical defects”, the age and, if warranted by the Seller, the mileage of the Vehicle shall be taken into account.
9.4 Other than as set out in this Condition 9 and as set out in Condition 11 (NCA Warranties), all conditions, warranties and other terms (whether express or implied and whether implied by statute, common law, custom or otherwise) are excluded from the Contract for Sale to the extent permitted by Applicable Law.

10 LIMITS ON LIABILITY

10.1 Nothing in these Conditions shall limit or exclude the liability or remedy of any party for:
10.1.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors; or
10.1.2 fraud or fraudulent misrepresentation; or
10.1.3 any act, omission or matter, liability for which may not be excluded or limited under Applicable Law.
10.2 Nothing in these Conditions shall limit or exclude the liability of the Seller or remedy of any other party for breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
10.3 Subject to Condition 10.1:
10.3.1 NCA shall not be liable to the Buyer or Seller whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for:
a) loss of profits;
b) loss of sales or business;
c) loss of agreements or contracts;
d) loss of anticipated savings;
e) loss of use or corruption of software, data or information;
f) loss of or damage to goodwill;
g) pure economic loss; and/or
h) indirect or consequential loss.
10.3.2 NCA ’s total liability to the Buyer and the Seller arising under or in connection with the sale and purchase of any Vehicle, and the provision of the Auction and related services, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to the Price paid for the Vehicle by the Buyer and shall be subject to the Buyer and/or the Seller notifying NCA of a claim in writing (and email shall be sufficient) within the applicable time limits specified in these Conditions, or if no such time limit is specified, within 6 months after the date of the Contract for Sale.
10.4 The Buyer agrees and acknowledges that the exclusions of liability contained in these Conditions (whether for the benefit of the Seller and/or NCA ) are fair and reasonable.
10.5 The Seller agrees and acknowledges that the exclusions of liability contained in these Conditions are fair and reasonable.

11 NCA WARRANTIES

11.1 In relation to each Vehicle entered into an Auction and by NCA as Auctioneer, NCA warrants to the Buyer that: 8

11.1.1 the Vehicle has been accepted by NCA into the Auction in good faith;
11.1.2 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
11.1.3 if and to the extent announced by the Auctioneer or disclosed in the Pre-Sale Vehicle Information that a Vehicle’s mileage is warranted, the Vehicle’s mileage indicated by the odometer can be considered accurate. Otherwise, NCA gives no warranty as to the Vehicle’s mileage and the Vehicle is sold on the basis that any indication of the Vehicle’s mileage given by the Vehicle’s odometer may be inaccurate. If the Buyer discovers any mileage discrepancies after sale of a Vehicle without warranted mileage, then it is the Buyer’s responsibility to investigate and resolve these, and neither NCA nor the Seller accepts any liability in respect of any such discrepancies;
11.1.4 unless the Vehicle is sold and purchased “As Is,” the Auctioneer will announce, and/or the relevant Pre- Sale Vehicle Information will disclose, (if applicable) that the Vehicle:
a) has been treated by an insurance company as a Total Loss;
b) has sustained Serious Accident Damage;
c) has been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
d) has been re-registered or imported;
e) has sustained flood damage;
f) has been stolen and subsequently recovered; and/or
g) is not in a condition as would allow it to be lawfully used upon the road immediately on its sale in an Auction; and
11.1.5 unless the Vehicle is sold and purchased “As Is”, the Auctioneer will announce, or the relevant Pre-Sale Vehicle Information will disclose, details of any major mechanical defect declared in the Entry Data.
11.2 In the event of any breach of the warranties set out in Conditions 11.1.1 to 11.1.5, the Buyer’s sole remedy against NCA shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on NCA ’s liability set out in Condition 10.
11.3 Except as expressly stated in these Conditions, NCA gives or makes no undertaking, representation or warranty with regard to any Vehicle.

12 SELLER INDEMNITY

12.1 If any undertaking, representation or warranty is found to have been given or made by NCA in good faith and as a result of:
12.1.1 anything which NCA or the Auctioneer is authorised to publish or announce under Condition 3.4 (Entry Data); or
12.1.2 a fair and reasonable description based on the appearance of the Vehicle;
then such undertaking, representation or warranty shall be deemed to be given or made by the Seller. The Seller shall indemnify NCA against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NCA arising out of or in connection with any undertaking, representation or warranty given or made by NCA on behalf of the Seller in accordance with this Condition 12.1.

13 BUYER WARRANTIES AND ACKNOWLEDGMENTS

13.1 The Buyer warrants and represents to NCA that, if it participates in any online Auction, it does so in the course of business and not as a private consumer. Accordingly, the Consumer Contracts (Information, Cancellation and Additional Charges) Protection Regulations 2013, the Consumer Rights Act 2015, any other consumer protection legislation enacted from time to time, or common law relating to consumer protection, or any 9
subsequent modification or re-enactment thereof, shall not apply to the sale and purchase of Vehicles pursuant to these Conditions.
13.2 The Buyer shall, before bidding on any Vehicle at the Auction, satisfy themselves regarding the value and condition of the Vehicle by inspecting it (if applicable) and/or making such other background checks as a reasonable Buyer would make.
13.3 If a cherished registration plate is assigned to the Vehicle at the date of the Auction but is not to be purchased with the Vehicle:
13.3.1 this fact will be disclosed in the Pre-Sale Vehicle Information and/or announced by the Auctioneer; and
13.3.2 the Buyer will be obliged to co-operate in the retention of the cherished registration plate by the Seller.
13.4 The Buyer warrants and represents to NCA that all information provided by them to NCA (whether as part of the Buyer On-Boarding Process or otherwise, and including, but not limited to, proof of identity) shall be true, accurate and complete. The Buyer shall notify NCA of any changes or updates to such information as soon as reasonably practicable after any such change or update occurs.
13.5 NCA reserves the right to suspend or withdraw the Buyer’s registration /account with NCA at any time and for any reason, and without being obliged to give any reasons for any such suspension or withdrawal to the Buyer.

14 UNROADWORTHY AND DEFECTIVE VEHICLES

14.1 The Buyer agrees that if a Vehicle:
14.1.1 is in such a condition (whether 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; and/or
14.1.2 does not have a valid Driver and Vehicle Standards Agency MOT test certificate or plating document or any other document required by law,
then the Buyer will not use the Vehicle on any road or remove it under its own power from the place at which it is located at the time of the Auction until it is roadworthy, can be used lawfully on the road and has all necessary documents, and must get it removed by recovery truck .
14.2 The Buyer shall, on NCA ’s request, provide a written undertaking (in a form acceptable to NCA ) to comply with all duties and obligations imposed on them in respect of the Vehicle by the Road Traffic Act 1972, the Health and Safety at Work etc. Act 1974, any subsequent modification of or re-enactment of either Act or by any other legislation affecting the use of the Vehicle. If the Buyer fails to provide such an undertaking upon request, BCA shall be entitled absolutely to cancel the Contract for Sale. The Vehicle shall then be offered for sale either during the same Auction, or a subsequent Auction or other sale process.

15 RESCISSION

15.1 The Seller and the Buyer agree that, without prejudice to any other rights or remedies which the Buyer may have against the Seller, NCA shall be entitled to, and shall accept a request made by the Buyer to, rescind a Contract for Sale (“Rescission Request”), provided that the conditions set out at Condition 15.2 are met and that the Buyer’s Rescission Request is based on one or more of the following grounds:
15.1.1 the Vehicle has been treated by an insurance company as a Total Loss but this fact was neither disclosed in the Vehicle Pre-Sale Vehicle Information nor announced by the Auctioneer; or
15.1.2 the Vehicle was not sold and purchased “As Is” and:
a) the Vehicle has sustained Serious Accident Damage but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
b) the Vehicle was used by the police or was used as a licensed hackney carriage/taxi or private hire Vehicle but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
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c) the Vehicle was re-registered or imported but this fact was neither disclosed in the relevant Pre- Sale Vehicle Information nor announced by the Auctioneer; or
d) the Vehicle has sustained flood damage but this fact was neither disclosed in the relevant Pre- Sale Vehicle Information nor announced by the Auctioneer; or
e) the Vehicle was stolen and recovered prior to sale at Auction but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
f) the Vehicle was not in such a condition as would allow it to be lawfully used upon the road but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
g) the relevant Pre-Sale Vehicle Information did not disclose, or the Auctioneer did not refer to, a major mechanical defect in the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle but such major mechanical defect exists; or
h) the relevant Pre-Sale Vehicle Information or the Auctioneer materially misrepresented the mechanical condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle; or
i) it was announced by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information that a Vehicle’s mileage was warranted but such mileage was not reasonably accurate; or
j) the age of the Vehicle was misrepresented either in the relevant Pre-Sale Vehicle Information or by the Auctioneer.
15.2 The conditions that must be met under Condition 15.1 for NCA to be obliged to accept a Rescission Request are:
15.2.1 the Buyer has not made any onward sale of the Vehicle;
15.2.2 the Buyer has returned the Vehicle (if applicable) and submitted written notice of their claim to the NCA Customer Claims Team (details of which can be found on the NCA OFFICE ) within the time specified at Condition 15.3, time being of the essence;
15.2.3 when written notice of a claim is given under Condition 15.2.2, the Buyer is not in breach of any obligation as to payment which has by then arisen under Condition 18 (Passing of Ownership of the Vehicle); and
15.2.4 in the opinion of NCA , the grounds for rescission, or any of them, specified by the Buyer are substantially correct.
15.3 The applicable time limits for any claim under this Condition 15 are as follows:
15.3.1 for claims under Conditions 15.1.1 (undisclosed Total Loss), 15.1.2a) (undisclosed Serious Accident Damage, 15.1.2b) (undisclosed use as a police vehicle or licensed hackney carriage/taxi or private hire Vehicle), 15.1.2c) (undisclosed re-registration or import), 15.1.2d) (undisclosed flood damage), 15.1.2e) (undisclosed theft and recovery prior to sale) or 15.1.2f) (unroadworthy Vehicles), the Buyer must submit notice of their Rescission Request to the NCA Customer Claims Team within TWENTY FOUR (24) hours after delivery of the Vehicle if the delivery was made by or through NCA or within twenty four (24) hours after collection of the Vehicle in any other case;
15.3.2 for claims under Conditions 15.1.2g) (undisclosed major mechanical defect) or 15.1.2h) (material misrepresentation of mechanical condition), the Buyer must submit notice of their Rescission Request to the NCA Customer Claims Team within twenty four (24) hours after delivery of the Vehicle if the delivery was made by or through NCA or within twenty four (24) hours after collection of the Vehicle in any other case; or
15.3.3 for claims under Conditions 15.1.2i) (inaccuracy of warranted mileage) or 15.1.2j) (inaccurate age), the Buyer must submit notice of their Rescission Request to the NCA Customer Claims Team within five (5)
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days after delivery of the Vehicle if the delivery was made by or through NCA or within 2 (2) days after collection of the Vehicle in any other case,
and details of how to contact the NCA Customer Claims Team can be found on the NCA Website.UNDER CONTACT US PAGE
15.4 NCA shall have absolute discretion to waive all or any of the conditions set out at Condition 15.2.
15.5 NCA shall have no liability to the Seller by reason of the fact that a Contract for Sale has been rescinded pursuant to this Condition 15, except where liability cannot be excluded by Applicable Law.

16 NCA ASSIGNED CONDITION GRADE AND/OR VEHICLE APPRAISAL REPORT

16.1 Where NCA (or a third party on NCA ’s behalf) has provided a Vehicle appraisal report in respect of, and assigned a body condition grade to, a Vehicle, then NCA shall not be liable to the Buyer or the Seller for any omission from, or inaccuracy in the information presented in, the Vehicle appraisal report unless any such omission or inaccuracy is of such magnitude that, had it been taken into account when assigning the condition grade to the Vehicle, the condition grade assigned would have been inferior to that actually assigned to the Vehicle.
16.2 In that event, the Seller’s and the Buyer’s sole remedy against NCA shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on NCA ’s liability set out in Condition 10, and NCA ’s total liability for such omission from, or inaccuracy in the information presented in, the Vehicle appraisal report shall in all circumstances be limited to the reasonable cost of rectifying the defect omitted from, or inaccurately described in, the Vehicle appraisal report.
16.3 All claims in respect of the Vehicle appraisal report and assigned condition grade must be made in accordance with the Customer Claims process set out on the NCA Website and must be made within twenty-four (24) hours after delivery of the Vehicle if the delivery was made by or through NCA or at the time of collection of the Vehicle in any other case.
16.4 Where NCA has provided a NCA INSPECTION Scheme report, then the NCA INSPECTION Scheme Terms and Conditions or NCA EV Hybrid INSPECTION Scheme Terms and Conditions ) shall apply to such report (as applicable). Except for the items within the scope of the NCA INSPECTION Scheme report, the Vehicle shall be deemed sold “As Is” unless otherwise stated in the relevant Entry Data or the relevant Pre-Sale Vehicle Information, or otherwise advised by the Auctioneer.

17 NCA CHARGES

17.1 NCA shall maintain a list of charges which is available on the NCA Website
17.1.1 UNDER HOW TO BUY AND SELL PAGES in the case of charges applicable to Sellers; and
17.1.2 IN the case of charges applicable to Buyers,
and which it may vary from time to time by publishing an updated list of charges on the NCA Website. Any variation in the charges shall not apply to sales of Vehicles that have already been completed before the date NCA publishes the updated list of charges on the NCA Website.
17.2 The list of charges shall include the entry fee payable, the Buyer’s fee (and reference to the Buyer’s fee includes any additional fee for online purchases if applicable), the not sold fee, the storage/parking fees, the V5 handling fee, the NCA Inspection Scheme report fee, and the commission payable by reference to the Price, together with any other applicable charges.
17.3 All charges payable to NCA by the Seller and the Buyer are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made by NCA to the Seller or the Buyer, the Seller or the Buyer shall, on receipt of a valid VAT invoice from NCA , pay to NCA such additional amounts in respect of VAT as are chargeable on the supply of NCA ’s services or the Vehicle at the same time as payment is due for the supply of the services or the Vehicle.
17.4 NCA may charge the Seller an entry fee when a Vehicle is entered for Auction. If, for any reason, the Vehicle is not sold after being entered into Auction, or subsequently has to be re-sold, NCA may charge the Seller a not
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sold fee, and a further entry fee in respect of each and every subsequent occasion when the Vehicle is entered into an Auction.
17.5 NCA may charge the commission and the Buyer’s fee:
17.5.1 at the Point of Sale, whether or not the Contract for Sale is later rescinded;
17.5.2 when the Seller is also the Buyer;
17.5.3 when the Vehicle is sold by way of Private Treaty Sale; or
17.5.4 when the Vehicle is re-sold pursuant to Conditions 22 (Re-Sale when Seller at Fault) or 23 (Default by the Buyer).
17.6 NCA may charge the Buyer an entry fee and commission and the Buyer’s fee on any sub-sale effected by the Buyer at the Auction premises.
17.7 The Seller shall be liable to pay to NCA upon demand any entry fee, not sold fee or fees, commission or other sums due to BCA whether or not payment is received from the Buyer.
17.8 NCA shall be entitled to charge OFF SITE parking fees in accordance with Condition 19.

18 PASSING OF OWNERSHIP OF THE VEHICLE

Ownership of the Vehicle shall not pass to the Buyer, and the Contract for Sale shall not be completed, until the Buyer has paid to NCA the Price, the Buyer’s fee, and any other applicable charges in full in cleared funds. Until ownership passes, the Vehicle shall remain the property of the Seller, and the Seller reserves the right to dispose of the Vehicle.

19 RISK AND PARKING FEES

19.1 At all times from the delivery of a Vehicle to NCA (whether at the Auction premises or elsewhere) until risk in the Vehicle passes to the Buyer, or the Vehicle is removed by the Seller (including any time during which the Vehicle is being tested or demonstrated on the Auction premises, a public highway or elsewhere), the Vehicle is at the risk of the Seller. From the time when a Contract for Sale is formed under Condition 7.2 (and regardless of the terms of Condition 18 (Passing of Ownership of the Vehicle)), the Vehicle is at the risk of the Buyer.
19.2 Any Vehicle which is not removed from its location at the time of Auction by close of business on the second day after the Auction shall, from that time, incur a parking fee at the then applicable daily rate, and NCA shall have a lien on the Vehicle in respect of any unpaid parking fees.
19.3 The Seller shall be liable for parking fees in respect of any Vehicle at the Seller’s risk and the Buyer shall be liable for such parking fees in respect of any Vehicle at the Buyer’s risk.

20 PAYMENT BY THE BUYER

20.1 The Price and the Buyer’s fee (and any other associated fees) must be paid by the Buyer to NCA in full in cleared funds before the Vehicle is released to the Buyer.
20.2 Details of acceptable forms of payment can be found on the NCA Website.

21 PAYMENT BY NCA TO THE SELLER

21.1 NCA shall not be obliged to pay the Seller unless and until NCA has received payment in full in cleared funds from the Buyer.
21.2 NCA may (without notice to the Seller) deduct from, or set off against, any payment made to the Seller:
21.2.1 any unpaid claim which NCA may have against the Seller; or
21.2.2 any debt or other liability owed by the Seller to NCA (or any other company in the same Group as NCA )whether owed under these Conditions or any other agreement between the Seller and NCA (or any other company in the same Group as NCA ),
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in each case whether present or future, actual or contingent, liquidated or unliquidated, disputed or undisputed and whether owed jointly or severally or in any other capacity and irrespective of the currency of its denomination. Any exercise by NCA (or any other company in the same Group asNCA ) of the rights under this Condition 21.2 shall not limit or affect any other rights or remedies available to them under these Conditions or otherwise.
21.3 Regardless of any other provisions in these Conditions, the Seller agrees that, if NCA pays to the Seller the Price less any deductions authorized by Condition 21.2 in circumstances where ownership of the Vehicle has not passed to a Buyer at Auction, then the Seller’s title to the Vehicle and all the Seller’s rights arising under and in connection with the Contract for Sale shall immediately be transferred to NCA . In such circumstances, and promptly on NCA ’s request, the Seller shall execute a legal assignment to NCA of the Seller’s title to the Vehicle and rights arising under and in connection with the Contract for Sale as necessary to effect the transfer of such rights and title.
21.4 If the Contract for Sale is cancelled under Condition 7 (The Conduct of Auction – cancellation of Contract for Sale) or rescinded under Condition 15 (Rescission), NCA shall be entitled to withhold the Price from the Seller and to refund the Price to the Buyer.
21.5 If NCA has reasonable grounds to believe:
21.5.1 that the Seller was not entitled to sell the Vehicle; or
21.5.2 that the Seller should have notified NCA in the Entry Data or otherwise that they were not the owner of the Vehicle but failed to do so; or
21.5.3 that any facts which the Seller notified to NCA in the Entry Data or otherwise concerning the ownership of the Vehicle were inaccurate;
then NCA shall be entitled to withhold any sum which would otherwise be payable by NCA to the Seller until the Seller establishes (to the satisfaction of NCA ) that the Seller was not in breach of any express or implied term of the Contract for Sale and, if that is not established within a reasonable time (as determined by NCA ), then NCA shall have the right:
a) to retain any such sums until all questions of title have been resolved;
b) to pay any such sums to anyone who, to the reasonable satisfaction of NCA , establishes title to the Vehicle; and
c) to interplead and to pay any such sums to Court.
21.6 The Seller shall indemnify NCA against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NCA arising out of or in connection with NCA retaining any sums in accordance with Condition 21.5.

22 RE-SALE WHEN SELLER AT FAULT

22.1 In the event that:
22.1.1 the Contract for Sale has been rescinded under Condition 15 (Rescission); or
22.1.2 the Vehicle was not sold after being entered into Auction,
NCA shall notify the Seller of that circumstance (as applicable). If the Seller has failed by the end of the next working day following the date of NCA ’s notice to instruct NCA as to the action which the Seller requires NCA to take, then the Seller shall be deemed to have authorized NCA to enter that Vehicle into an Auction “As Is” as soon as reasonably practicable (and timing shall be at the sole discretion of NCA ). The subsequent Auction may be at the Auction premises, online, or any other OFF SITE location.
22.2 For the purposes of Condition 22.1, NCA may give notice by email or verbally to the Seller, at the email address or telephone number recorded for the Seller in the Entry Data.
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23 DEFAULT BY THE BUYER

23.1 If the Buyer has in any way failed to comply with their obligations to pay for the Vehicle (including but not limited to the Buyer claiming a payment card charge back), NCA shall be entitled, but not obliged, to do any one or more of the following:
23.1.1 to sue in NCA ’s own name for the Price plus any applicable Auction charges;
23.1.2 without prejudice to any other rights which the Seller may have against the Buyer for breach of contract or otherwise, immediately as agent for the Seller to treat the Contract for Sale as having been discharged (i.e. brought to an end) by the Buyer’s breach;
23.1.3 to exercise, in NCA ’s own name, all the Seller’s rights to end or avoid the Contract for Sale and/or to recover the Vehicle from the Buyer or from anyone to whom the Buyer may have disposed of the Vehicle and/or to claim the Price or damages from the Buyer; and
23.1.4 to re-enter the Vehicle into an Auction, or otherwise offer the Vehicle for sale,
and, in all cases, NCA shall be entitled to charge an administration fee to the Buyer in respect of NCA ’s handling of the Buyer’s default. Details of the administration fee can be found on the Nca Website.
23.2 If NCA is required to give notice to the Buyer to end, avoid or rescind the Contract for Sale, such notice shall be deemed to be given effectively if successfully sent by email to the email address recorded for the Buyer in the Entry Data or invoice. Successful transmission of the notice shall be deemed to have occurred provided that NCA does not receive an automated email delivery failure notice. If the Contract for Sale is avoided on grounds of fraud, such notice shall also be deemed to have been given effectively if NCA gives notice of the Buyer’s fraud to the police.
23.3 If, through no fault of NCA , the Buyer fails to remove the Vehicle from its location for release after 14 days from the date when the Buyer first became entitled to remove the Vehicle, NCA shall be entitled to re-enter the Vehicle into an Auction or otherwise offer the Vehicle for sale.
23.4 If NCA re-enters a Vehicle into an Auction under Conditions 23.1.4 or 23.3, NCA will have absolute discretion to sell the Vehicle on the basis of the original Entry Data or “As Is” and in either case without a Reserve Price.
23.5 NCA shall apply the Price received on any Vehicle re-entered into an Auction (“Re-Sale Price”) under Conditions
23.1.4 or 23.3 to discharge the following debts in the following order:
23.5.1 any sum due to the Seller and/or NCA under the original Contract for Sale;
23.5.2 the entry fee, commission and Buyer’s fee due to NCA on the re-sale;
23.5.3 parking fees, if any, owed to NCA ; and
23.5.4 NCA ’s reasonable charges incurred in connection with re-entering the Vehicle into an Auction or otherwise offering the Vehicle for sale.
23.6 If ownership of the Vehicle has passed to the Buyer before the date of any re-sale of the Vehicle, the balance of the Re-Sale Price, if any, shall be paid to the Buyer. The balance of the Re-Sale Price, if any, shall, otherwise, be paid to the Seller, unless the Seller’s rights have transferred to NCA under Condition 21 (Payment by NCA to the Seller), in which case the balance of the Re-Sale Price, if any, shall be retained by NCA . Except to the extent that the application of the Re-Sale Price has discharged their liability, the original Buyer shall remain liable in respect of any sum owed to NCA or to the original Seller under the original Contract for Sale or otherwise.

24 RIGHTS RESERVED TO NCA

24.1 NCA reserves to itself the following rights, which it may exercise without any reason being given:
24.1.1 to refuse to allow any person to enter the Auction premises or participate in an Auction;
24.1.2 to refuse to allow any Vehicle to be brought onto the Auction premises OR OFF SITE or to be entered into an Auction; 15
24.1.3 to require the Seller immediately to remove a Vehicle from the Auction premises OR OFF SITE LOCATION and, if the Seller fails to do so, to carry out such removal and to recover the cost of such removal as a debt due from the Seller;
24.1.4 to allocate such lot numbers to Vehicles as NCA sees fit and, despite the lot numbers which are allocated, to enter Vehicles into the Auction in such order and at such times as NCA sees fit;
24.1.5 to charge interest on any overdue payments owed to it by either the Seller or the Buyer at the then applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998; and
24.1.6 to withdraw or suspend any facility made available by NCA to the Seller or the Buyer, including (but not limited to) account-holder rights.
24.2 If, before NCA has parted with possession of a Vehicle, a claim is made against NCA arising out of, or connected in any way with, the title of the Seller to that Vehicle or their authority to sell or authorise its sale, NCA shall be entitled but not obliged to retain the Vehicle and/or withhold payment from the Seller pending the resolution of such claim and/or to refund any money paid to NCA by the Buyer.

25 PRIVATE TREATY SALES

25.1 If a Vehicle fails to meet its Reserve Price, NCA shall be entitled but not obliged to inform the Seller of the highest bid and to provide facilities and services which the Seller may utilise to make a contract for the sale of the Vehicle to the highest bidder or to any other person interested in the Vehicle.
25.2 For the purposes of these Conditions, a “Private Treaty Sale” means:
25.2.1 any sale resulting from the provision of the above information, facilities or services; or
25.2.2 any other sale of the Vehicle which is agreed as a direct result of the Auction process but is not a sale effected by the fall of the hammer during the Auction.
25.3 When a Private Treaty Sale occurs, NCA shall be entitled to commission, the Buyer’s fee and any other applicable fees and, in the case of a Private Treaty Sale described at Condition 25.2.2, an additional entry fee.
25.4 A Private Treaty Sale shall be on such terms as are expressly or by implication agreed by or on behalf of the parties to the Private Treaty Sale, which the Buyer and the Seller acknowledge shall (unless otherwise agreed) reflect the terms offered at the Auction.
25.5 NCA is not, and shall not be deemed to be, a party to or liable upon a Private Treaty Sale and shall not incur any liability to any party to the Private Treaty Sale by reason only of the fact that NCA has done one or more of the following, namely:
25.5.1 transmitted information or said anything which the Auctioneer could properly have said;
25.5.2 communicated any offer or acceptance;
25.5.3 negotiated a contract without disclosing the name or address of any party;
25.5.4 agreed to reduce its charges;
25.5.5 issued an invoice;
25.5.6 supervised the payment of, or received, the purchase Price; or
25.5.7 supervised the release of a Vehicle.
25.6 Conditions 12 (Seller Indemnity), 14 (Unroadworthy and Defective Vehicles), 16 (NCA Assigned Condition Grade and/or Vehicle Appraisal Report), 19 (Risk and Parking Fees) to 24 (Rights Reserved to NCA ) (inclusive), and 26 (Buyer’s Fee) shall apply to Private Treaty Sales with the following alterations:
25.6.1 references (however expressed) to things disclosed in the Pre-Sale Vehicle Information or said by the Auctioneer shall be taken as references to things so disclosed or said by the Auctioneer when, prior to the Private Treaty Sale, the Vehicle was entered into an Auction; and 16
25.6.2 references (however expressed) to the Auction at which a Contract for Sale was formed shall be taken as references to the Auction during which the Vehicle was last offered for sale.
25.7 If there is a dispute between the parties to a Private Treaty Sale, NCA shall only be obliged to provide each party with the name and address of the other party (to the exclusion of all other information).

26 BUYER’S FEE

26.1 NCA shall charge the Buyer and the Buyer shall pay to NCA a Buyer’s fee, which will be charged on the Price, in respect of services provided by NCA to the Buyer.
26.2 It is a condition of the Contract for Sale and the Private Treaty Sale that when the Buyer pays the Price of the Vehicle pursuant to Condition 20 (Payment by Buyer), they shall also pay to NCA the Buyer’s fee then applicable, details of which are available on the NCA Website.
26.3 It is a condition of the Contract for Sale or the Private Treaty Sale (as applicable) that, if the Buyer’s fee is not paid as above, the Buyer:
26.3.1 shall not be entitled to have the Vehicle released to them;
26.3.2 shall be deemed for all purposes to have failed to pay the Price in full; and
26.3.3 shall be liable to NCA and the Seller to pay the Price in full.

27 VAT

27.1 NCA acts on behalf of a Seller as an undisclosed agent (under HMRC rules) raising a sales invoice to the Buyer for the purchase and generating a self-billed invoice on behalf of the Seller for the sale of the Vehicle.
27.2 All Sellers who enter Vehicles for sale at Auction via NCA shall enter in to a self-billing agreement with NCA where those Vehicles are subject to VAT. The self-billing agreement shall cover any transaction enacted between the parties for as long as those parties continue to trade, which may (to avoid doubt) be a single transaction.
27.3 In advance of the Vehicle being entered into the Auction, the Seller shall notify NCA of the appropriate VAT treatment to apply against the Vehicle, using HMRC-based VAT status descriptions as follows:
27.3.1 Margin Scheme – Price does not include VAT and no VAT is to be shown separately on the invoice relating to the Vehicle; or
27.3.2 VAT Qualifying – Price is inclusive of VAT; or
27.3.3 Commercial – Price has VAT added to it (NCA also uses the “commercial” category to describe motorcycles where output VAT needs to be accounted for on their sale (“plus VAT”)).
27.4 The Seller shall ensure that each Vehicle is eligible to be treated under the VAT status notified to NCA . The Seller shall check the VAT status assigned by NCA is correct at the Point of Sale and the Seller acknowledges that NCA shall have no liability for any losses arising from or in relation to any inaccuracies in that VAT status. The Seller shall indemnify NCA against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NCA arising out of or in connection with any inaccuracies in the VAT status notified to NCA by the Seller.
27.5 NCA may (in its absolute discretion) withhold payment of the VAT amount to a Seller of VAT qualifying or commercial Vehicles:
27.5.1 until NCA is provided with a valid UK VAT registration number by or on behalf of the Seller; and/or
27.5.2 where NCA has no self-billing agreement in place with such Seller.
27.6 HMRC rules outline technical distinctions between commercial type Vehicles and passenger cars (VAT Qualifying where subject to VAT). The Seller and NCA shall each use reasonable endeavours to ensure the 17
correct VAT status is assigned between Commercial and VAT Qualifying Vehicles. In the event of mis- categorisation between these two categories, the VAT status announced at the Point of Sale will prevail on the basis that:
27.6.1 the Buyer can bid according to that status (either knowing inclusive of VAT or VAT to be added);
27.6.2 the Buyer as the tax payer is responsible for assessing if a Vehicle can be categorised as a commercial type Vehicle for their own tax purposes, and NCA ’s sale categorisation is not to be to relied upon for this purpose;
27.6.3 the Seller can set a gross reserve against a Vehicle; and
27.6.4 HMRC does not suffer any loss of VAT revenue as both VAT statuses result in output VAT being accounted for to HMRC.

28 SPECIAL AUCTIONS

28.1 For the purposes of this Condition 28, “Special Auction” means:
28.1.1 the Auction of a lot which is not a Vehicle; or
28.1.2 an Auction at premises which are not normally used by NCA as Auction premises; or
28.1.3 an Auction which is not open to members of the public; or
28.1.4 any section of an Auction into which a Vehicle can only be entered if either or both of the following conditions apply:
a) the Vehicle has a likely selling Price in excess of a sum specified by NCA ; and/or
b) the Vehicle, according to the Entry Data or to information otherwise provided by the Seller, meets certain requirements specified by NCA ; or
28.1.5 the Auction of one or more Vehicles to which special conditions published by NCA apply.
28.2 In the case of a Special Auction of the type described at Condition 28.1.1, these Conditions shall apply with the following modifications:
28.2.1 the word “Vehicle” shall be replaced with the word “Lot” throughout and shall mean an item, which is not a Vehicle, or group of items offered for sale as one unit;
28.2.2 any part of any Condition which can only apply in the case of a Vehicle shall be disregarded, but the remainder, if any, of the Condition shall continue to have effect;
28.2.3 the Seller may specify a Reserve Price in any manner acceptable to NCA ;
28.2.4 each Lot shall be sold “As Is” unless the relevant Pre-Sale Lot Information or an announcement made by the Auctioneer states otherwise; and
28.2.5 NCA ’s charges shall be a matter for negotiation, and NCA shall be entitled to charge a storage fee at the same rate and in the same circumstances as the parking fee referred to in Condition 19 (Risk and Parking Fees).
28.3 These (inclusive), except to the extent that they are modified by or are inconsistent with any special conditions published by NCA with reference to the Special Auction in question.
Conditions shall apply to all other types of Special Auctions described at Conditions 28.1.2 to 28.1.5

29 GENERAL

29.1 Where Vehicles are sold or purchased, or where NCA provides any services under these Conditions, NCA may require certain information from a Seller or Buyer (as applicable) which may include personal data (within the meaning of the Data Protection Act 2018). Any/all personal data collected by NCA for such purposes shall be processed by NCA in accordance with NCA ’s Privacy Policy, which can be accessed on the NCA Website
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29.2 The Seller and the Buyer each agrees and undertakes to keep secure, and not share, any login details which provide them with access to NCA a systems and online platforms. NCA shall be entitled to treat all transactions carried out on the Seller’s or the Buyer’s account (as applicable) as legitimate transactions of the Seller or the Buyer (as applicable) and accordingly the Seller or the Buyer (as applicable) shall be liable to NCA and (in the case of the Seller) to the Buyer and (in the case of the Buyer) to the Seller in respect of them.
29.3 The Seller and the Buyer agree and acknowledge that the Driver Vehicle and Licencing Agency (“DVLA”) is the controller in respect of any personal data present on the V5 for any Vehicle. The applicable privacy notice of the DVLA governs the processing of any such data. The terms controller, personal data and processing referenced in this Condition 29.3 shall have the meanings given to them by the Data Protection Act 2018.
29.4 Unless there is a specific agreement in writing to the contrary between NCA and the Seller, NCA shall have no obligation to perform a factory reset on a Vehicle’s system in case personal data (within the meaning of the Data Protection Act 2018) remains present or to remove, or otherwise deal with, personal effects found in a Vehicle.
29.5 Use of the NCA Systems shall be subject to the applicable NCA ’s terms and conditions as set out on the NCA Website. NCA makes no promises or representations regarding the availability of any NCA System.
29.6 Any third party content included in the NCA Website or any NCA online platform (including, but not limited to, CAP data or HPI data) is provided on an “as is” basis at the time of publication and is not vetted by NCA . Accordingly, NCA does not accept any liability in respect of such third party content. In particular, HPI Spec Check data is provided by CAPhpi, with all rights reserved to CAPhpi. NCA shall not be liable for any errors or omissions in the HPI Spec Check data or for any liability or loss suffered by any person as a result of that person’s use of such data. NCA does not warrant that any original specification equipment listed in the NCA Spec Check for any Vehicle still remains fitted to that Vehicle.
29.7 The Seller and the Buyer each agrees that all copyright (including rights in software), trademarks, database rights and any other intellectual property rights in the NCA Systems, or any documentation produced or compiled by NCA in connection with the sale and purchase of the Vehicles, shall be the property of and belong to NCA (and/or its licensors). No rights in any of NCA ’s intellectual property rights (including trademarks, copyright and logos) are granted to a Seller or a Buyer, other than such limited rights as are strictly necessary for use of the NCA Systems, or any documentation produced or compiled by NCA in connection with the sale and purchase of the Vehicles.
29.8 Neither the Seller nor the Buyer may copy, reproduce, republish, reverse engineer, commercially exploit or otherwise make use of NCA ’s intellectual property other than for the strict purpose of using the NCA Systems or any documentation produced or compiled by NCA in connection with the sale and purchase of the Vehicles.
29.9 These Conditions and the other documents referred to in these Conditions set out the entire agreement between (1) NCA and a Seller; (2) NCA and a Buyer; and (3) the Seller and the Buyer in relation to the subject-matter of these Conditions. These Conditions supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to the subject matter of these Conditions. No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon, or enforce, any term of these Conditions except for Condition 21.2, which can be enforced by any company in the same Group as NCA .
29.10 If any provision or part-provision of these Conditions is, or becomes, illegal, invalid or unenforceable then that provision or part-provision, to the extent required, shall be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
29.11 NCA 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 Conditions. The Seller and Buyer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with their rights and obligations under these Conditions.
29.12 Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture, employee-employer, or franchisor-franchisee relationship between NCA and either the Seller or the Buyer.
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29.13 No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
29.14 Any notice or other communication given to a party under or in connection with these Conditions shall be in writing and shall be:
29.14.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
29.14.2 sent by email to the applicable address specified:
a) on the NCA Website in the case of NCA ;
b) on the Seller’s account record with NCA in the case of the Seller; and
c) on the Buyer’s account record with NCA in the case of the Buyer.
29.15 Any notice or communication shall be deemed to have been received:
29.15.1 if delivered by hand, at the time the notice is left at the proper address;
29.15.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting; or
29.15.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
29.16 In Condition 29.15, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt and business days means Monday to Friday on a day that is not a public holiday in the place of receipt. Condition 29.14 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. A notice given under these Conditions is not valid if sent by email, unless expressly provided to the contrary.
29.17 These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or their subject matter or formation of the contracts to which they apply shall be governed by and construed in accordance with English Law. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, disagreement or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions, their subject matter or formation of the contracts to which they apply

USE OF OUR WEBSITE

These terms and conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information. By using our website, you agree to be bound by these terms and conditions. If you do not agree to them, please do not use this website.

These terms and conditions govern:

i) your use of this website;
ii) your rights to link to this website;
iii) our use of cookies on this website (please see our separate “Cookies Policy”); and
iv) how we will use and protect information about you (please see our separate “Privacy Policy”)

Collectively, these documents are referred to as the “Terms and Conditions”. We may change these Terms and Conditions from time to time. The revised Terms and Conditions will be made available on this website.

For the avoidance of doubt, these Terms and Conditions do not affect your statutory rights.

Who we are

This website is owned and operated by or on behalf of NATIONWIDE CAR AUCTIONS NCA (‘NCA , ‘we’ or ‘us’).

Using our website

Subject to these Terms and Conditions, you are authorised to view and download our website for your personal use only. This website is not free to copy or re-use. You may not copy significant parts of, “scrape”, data-mine, mirror, adapt, re-publish, re-use, or use commercially any images, content or other information that we publish or any part of our website.

NCA may change, suspend or discontinue the website at any time, including the availability of any feature, database, or content. NCA may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.

Ownership of rights

All rights, including copyright, in this website and all its contents, including trademarks, symbols and slogans, text, data, databases, still or moving images, audio-visual content, graphics or layout, whether or not registered, are owned by NCA or its licensors. Any use of this website or its contents, including copying, adapting, publishing or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of NCA . You may not modify, distribute or re-post something on this website for any purpose.

Accuracy of content

NCA has taken every care in the preparation of the content of this website. To the extent permitted by applicable law, NCA disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. NCA shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the content on this website.

Linking to our website

You may link to any page of the website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

You must not link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the website. Our website must not be framed on any other site.

We reserve the right to withdraw linking permission at any time and without notice.

Privacy, your personal data and cookies

The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data.

For details about how we use cookies, please see our Cookies Policy.

Third party sites

Our website and/or the materials on it may contain links to third party websites, for example, LinkedIn and Twitter. Your browsing and interaction on any other website, including websites which have a link to our website, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.

If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our website is, affiliated to or associated with such sites.

The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.

Please remember that when you use a link to go from our website to another website, these Terms and Conditions, including our Privacy Policy and Cookies Policy, are no longer in effect. Your browsing and interaction on any other website, including websites which are linked to ours, is subject to that website’s own rules and policies.

Information on the website

If you find any content on our website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at media@nca.com, using the subject heading “Objectionable Content”. On receipt of your complaint we may remove or block access to the content complained of.

Our liability

This website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this website. In particular, we do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.

We do not accept liability for any failure to maintain the website.

We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

We shall not be liable for any loss caused as a result of your actions or inactions based on the content of this website. However, nothing in these Terms and Conditions shall affect your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:

• death or personal injury arising through negligence;
• fraudulent misrepresentation; and/or
• anything else that cannot be excluded or limited by us under English law.

Legal compliance and applicable law

These Terms and Conditions shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.

You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the website. To the extent that the website or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.

General

If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, that does not affect the legality, validity or enforceability of the other provisions.

These terms are the legal agreement for use of this website and override any other discussions, documents, and anything indicated on the website or by a customer service agent, or in any other way.

We can transfer our agreement with you to another party. We may do this in particular to a buyer of our business,
Trading business detsils
Nationwide car auctions.Co.Uk trading under Nationwide Car Auctions LTD
: Registered Office
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ

Last updated: MAY 2022