Terms and Conditions
- VALUATION AND VEHICLE PURCHASE
We will provide to you an indicative value (the “Valuation”) for the vehicle (the “Vehicle”) proposed and described to us. Valuations are based on the information you provide about your vehicle and based on the following (but not limited to) assumptions:
- it isn't a non-runner;
- it hasn't been declared as an insurance write-off or damaged in an accident;
- You are the legal owner of the vehicle with the right to sell it;
- There is no outstanding finance or third-party interest whatsoever in the vehicle;
- The vehicle is unencumbered and not subject to any lien;
- it has two sets of keys;
- it has full a service history or part history if disclosed;
- it is not an import;
- it has not ever used for private hire, driving tuition or as a police vehicle;
- it has not been modified,
A Valuation is not an offer by us to purchase the vehicle. It is simply an indication from us as to what price we may be willing to purchase the vehicle for. We will carry out a physical inspection of the vehicle before we agree to purchase it either on our site or at your address at a time agreed between both parties (the “Appointment”).
If at the Appointment, we consider that the value of the vehicle is affected by any aspect of its history or condition, including any unusual feature or customisation or anything which affects or limits the assumptions we made about the vehicle, which was not apparent to us when we gave the Valuation, the price that we may be willing to pay for it following an inspection (the "Price") is likely to differ from the Valuation.
Once the Valuation has been accepted (written or verbally), if the Appointment is made and concluded with 24 hours from that point then an additional £200 will be added to the Valuation figure.
We are not obliged to purchase any vehicle brought to an Appointment and neither are you obliged to sell any vehicle brought to an Appointment.
- PRICE GUARANTEE
Subject to our inspection of the Vehicle and any material change in the market value of your Vehicle, the Valuation is guaranteed for 24 hours from the date and time which your valuation is presented to you.
If there is a change in the market value of your Vehicle resulting in a reduced valuation, we will use reasonable endeavours to contact you before your Appointment to let you know the new valuation and so that you have an opportunity to cancel your Appointment if you wish to do so.
- PURCHASE CONTRACT AND HAND OVER REQUIREMENTS
A Purchase Invoice will be completed and provided to you once the Price has been agreed, this will be binding on the parties. This will either be provided at the Appointment (if on site) or electronically after the Appointment which will need to be signed. If provided electronically then the document will be electronically signed.
At the time of the Appointment making the Purchase Contract, we will expect you to provide us with:
- V5
- Both sets of keys
- Service history
- Locking wheel nut
We will also expect you to remove any personal possessions from the vehicle once the Appointment has concluded and a Price has been agreed. We will not be responsible for any personal items lost once the vehicle is in our possession.
In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the vehicle with immediate effect, to rescind or terminate any Vehicle Purchase with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the vehicle. If we elect to rescind the Vehicle Purchase, we will return the vehicle to you, and you will refund the Price to us. This is to be actioned within 5 days of rescission.
- TRANSACTION/ADMIN FEES
There are no transaction or admin fees. A holding deposit may be taken whilst we wait for missing documents/items which will be paid once the documents/items are given to us.
- PAYMENT TERMS
Payment will be made to you on the same or next business day, subject to standard office hours
- LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website, Services or any content on it, whether express or implied.
We will not be liable for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use our Website or Services;
(b) booking, arranging, cancelling, or attending an Appointment.
We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.
If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation;
(e) any indirect or consequential loss or damage;
(f) wasted expenditure; or
(g) our dealings with you resulting in any loss of opportunity, profits, sales, or revenue, goodwill or reputation.
- YOUR LIABILITY
You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; (ii) your use of our Website or Service in violation of any law; or (iii) infringement of the rights of another person.
- SEVERANCE
If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
- ASSIGNMENT
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
- THIRD PARTY RIGHTS
These Terms do not give rise to rights that are enforceable by any person who is not a party to these Terms.
- ENFORCEMENT OF TERMS
If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
- VARIATION
No variation of these Terms shall be valid or effective unless it is in writing, and is duly signed by us and you.
- SET OFF
We have the right to set off any sum due from us to you against any sum that is due from you to us.
- DISPUTE RESOLUTION
In the event of any dispute arising between the parties relating to these Terms, it is mutually agreed that before embarking on litigation proceedings, the parties will attempt to resolve it through negotiations or effective dispute resolution by the appointment of a mediator/arbitrator. If either party unreasonably refuses to invoke the mediation/arbitration process, the other party can, on giving written notice, rescind this term.
- NOTICES
Any notice or other communication given by a party pursuant to these Terms shall be in writing and in English and be by email only.
This clause does not apply to notices given in legal proceedings or arbitration.
- FURTHER ASSURANCE
Each party shall at the request of the other, and at the cost of the requesting party, do all acts and execute all documents which are necessary to give full effect to this Agreement.
- GOVERNING LAW
These Terms and any dispute or claim arising out of, or in connection with these Terms, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
- JURISDICTION
The parties irrevocably agree that the courts of England and Wales shall have exclusive Jurisdiction to settle any dispute or claim arising out of, or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims).
CONTACT US
If you have any questions about these Terms or if you wish to contact us in connection with any matter relating to the Services or Website, please email select@cotswoldgroup.com.