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The terms below will apply to every purchase of a vehicle by Bestcarbuyer.com. Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis.
No legally binding contract between the Seller and the Company will be formed in any circumstances until (i) the company has had the opportunity to conduct an inspection of the vehicle and check the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a driver on behalf of Bestcarbuyer.com.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights. References to the "Company" or "Bestcarbuyer.com." References to the "Seller" relates to you, the owner of the vehicle which is the subject matter of the purchase.
1. In order to commence the purchase process, you (the Seller) must visit the bestcarbuyer.com website www.bestcarbuyer.com and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail which contains a valuation. The valuation is provided on a "subject to contract" basis and is not legally binding. Bestcarbuyer.com reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Price Quoted - The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT). All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
If for some reason an error in the valuation quoted has occurred, bestcarbuyer.com will rectify the price as soon as reasonable practicable after notification of the mistake.
No liability whatsoever can be accepted by bestcarbuyer.com for accidental mistakes or errors caused by system failures. Any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to bestcarbuyer.com will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as fifty miles or over.
3. Payment - bestcarbuyer.com will pay for the vehicle by CHAPS made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose. Cleared funds should take between 10-30 minutes depending on customer's processing bank after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
4. Seller's Warranties - The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true. The Seller warrants that the vehicle is not subject to undisclosed finance.
The Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs. The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with. The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, un-roadworthy and/or chassis damage and the like). The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company. The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. Vehicles subject to Finance - It is the responsibility of the Seller to disclose to bestcarbuyer.com any existing finance associated with the vehicle. bestcarbuyer.com may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion.
If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay bestcarbuyer.com the difference between the settlement figure and the agreed sum in advance of bestcarbuyer.com settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) will automatically render the contract between the parties terminated.
The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. bestcarbuyer.com does not accept any liability with respect to the related finance at any time or for any reason. bestcarbuyer.com will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. Inspection - The vehicle will be inspected by a bestcarbuyer.com representative prior to payment. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the online valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not disclosed affect the valuation.
7. Miscellaneous Items - When the Seller hands over the vehicle, he shall provide bestcarbuyer.com with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
8. Consequential Losses - The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
9.Exclusion of Liability - The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
10. Variation - The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
11. Third Party Rights - Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
12. Governing Law and Jurisdiction - The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts. Bestcarbuyer.com is a trading division of Motor Depot Limited Ltd whose registered office is Livingstone Road, Hessle HU13 0EG. Registered in England & Wales under company registration number 4316950.