TERMS & CONDITIONS OF SALE FOR ALL SALVAGE VEHICLES
TERMS & CONDITIONS OF SALE FOR ALL SALVAGE VEHICLES & PARTS
The following is a legally binding contract between you and Douglas Valley Breakers limited ("Douglas Valley"), which determines your contractual relationship with Douglas Valley and your behaviour on our web site,Physical Site or Third Party Web based site where we may sell our salvage . These terms and conditions shall be referred to as "the Agreement". Please note that you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit.
1 Scope of Agreement This Agreement sets out the rights and obligations of Douglas Valley and all users of it's web site, physical Site or third Party web based site where we may sell our salvage.("the Site") and those who bid for items placed for auction or sale on the Site or at the physical site ("CUSTOMERS") in relation to all services offered by Douglas Valley Breakers Ltd through the Site or other Auction or other third party internet based sites.
2 Changes to these Terms and Conditions. Douglas Valley Breakers Ltd reserves the right to amend this Agreement from time to time, and post the new version on the Site. If Douglas Valley exercises this right, Douglas Valley will place notification of such changes on the www.douglasvalley.co.uk. The new Agreement shall be effective, and will govern all bids made immediately after notification and will also govern all other activity on or through the Services and the various parties' relationship with Douglas Valley. If a person does not wish to be governed by the new version of the Agreement, the person must cease to participate in Auctions or buying or bidding from our physical site and cease to use the Services where Douglas Valley Breakers ltd offer their salvage vehicles for sale.
3 General Requirements for Customers.
4 Salvaged Vehicles. The Salvaged Vehicles offered for sale on the Site or any equivalent site used by Douglas Valley Breakers Ltd shall each be categorised as either Category B, Category C, Category D or Category X. Unless expressly stated otherwise, all Salvaged Vehicles will have been reported to MIAFTR and will show up on vehicle checks.
5 A Category B Vehicle is a Salvaged Vehicle which is so structurally damaged or devoid of parts that it is not possible to repair it economically or safely. A Customer who purchases a Category B Vehicle (a "Category B CUSTOMER") shall be allowed to remove salvageable parts, and shall then be required to dismantle the Category B Vehicle and crush the shell, frame and chassis in accordance with ABI guidelines. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions and, in accordance with insurance industry requirements, must never be resold. The processing of Category B Salvage must comply with the guidelines displayed in the "Code of Practice for the Disposal of Motor Vehicle Salvage" (ABI Code of Practice) issued by Motor Conference.
6 A Category C Vehicle is a Salvaged Vehicle which is damaged to the extent that the retail cost of repair to the vehicle exceeds the retail pre-accident value thereof. Category C Vehicles may be subject to a Vehicle Identity Check (VIC) prior to being returned to the road and as such will not come with a V5. It is for the Customer to check whether the Salvaged Vehicle requires a VIC and for the Customer to arrange a VIC if necessary in order to obtain a new V5.
7. A Category D Vehicle is a Salvaged Vehicle which is damaged to the extent that the retail cost of repair to the vehicle does not exceed the retail pre-accident value thereof.
8. A Category X Vehicle is a vehicle which has been subject to an insurance claim but which has sustained minimal or nil damage or which may have been repaired in accordance with manufacturers specifications, and therefore categorisation as per the Code of Practice for the Disposal of Motor Vehicle Salvage does not apply.
9. Indication of Damage and Images. For each Salvaged Vehicle sold at our physical site,web site or third party auction site, Douglas Valley shall provide an indication of the damage to the Salvaged Vehicle (the "Indication"), and one or more images (the "Images"). The actual condition of a Salvaged Vehicle may vary substantially from the Indication, and the appearance of the Salvaged Vehicle may vary substantially from the Images. The Indication is not intended as an authoritative, completely accurate description of the Salvaged Vehicle, and therefore may not be relied upon by the Customer as such. The Images are not intended as a completely accurate representation of the appearance of the Salvaged Vehicle, and therefore may not be relied upon by the customer as such. Without limitation to any right of intervention in any Salvage Auction expressed elsewhere in this Agreement, Douglas Valley expressly reserves the right to intervene in any Salvage Auction to amend the Indication and/or the Images of any Salvaged Vehicle. Notwithstanding that right, DOUGLAS VALLEY EXPRESSLY EXCLUDES ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS ARISING OUT OF THE INACURACY OF ANY INDICATION OR ANY IMAGES OR IN RESPECT OF ADDITIONAL DAMAGE IDENTIFIED ON DELIVERY/COLLECTION.
10 Signwriting on vehicles. Douglas Valley expressly reserves the right to remove or obscure (by whatever means it deems necessary) any signwriting that may be on a vehicle put up for auction, after the auction has concluded but prior to that vehicle being released from Douglas Valley's premises.
11. Inspection. Douglas Valley may, in its sole discretion, make certain Salvaged Vehicles available for inspection by the customer (an "Inspection"). The customer is encouraged to conduct an Inspection whenever such Inspection is made available. For the avoidance of doubt, the customer does not have a right to an Inspection, and nothing in this Agreement obligates Douglas Valley to provide an Inspection.
12 . The winning bid in any Auction will be the highest bid which exceeds any reserve and meets any other express conditions of the relevant Salvage Auction ("Winning Bid"). If a bid made by a customer is followed by a higher bid by another cusotmer that is later removed by Douglas Valley for any reason, Douglas Valley may in its sole discretion decide whether to accept the previous highest unsuccessful bid as the Winning Bid. With this exception, all unsuccessful bids will lapse after closure of the relevant Auction.
13 Bids are not retractable. If the customer places the Winning Bid, and the customer's bid is accepted, then that customer (the "Winning Bidder") shall be legally obligated to complete the transaction.
14 VAT. The prevailing VAT rate (currently 17.5%) will be applied to all commercial vehicle sales, and motor car sales that are covered by the VAT Act 1994 Section 4.
15 The Winning Bidder shall be required to make confirmed payment in full and collect the vehicle within 7 calendar days (including day of auction or of sale closure) of the date of the auction closing and or transaction at physical site.
16. Notwithstanding any other provision in this Agreement, Douglas Valley hereby reserves the right, at its sole discretion, to dispose of any Unclaimed Vehicle 7 days after the closure of an auction or sale at its physical site in whatever way Douglas Vallley decides, including, but not limited to the following: (i) offering the Unclaimed Vehicle to another bidder who participated in the relevant Salvage Auction; and (ii) re-auctioning the Unclaimed Vehicle on any interet Site.
17. Douglas Valley reserves the right to cancel the registration and all associated rights of any Winning Bidder who does not make payment in full within the Payment and Collection Period.
18.THE WINNING BIDDER IS REQUIRED TO MAKE FULL PAYMENT TO DOUGLAS VALLEY IN RESPECT OF THE SALVAGED VEHICLE THAT HE HAS SUCCESSFULLY BID FOR AND ALL RIGHTS OF THE WINNING BIDDER TO SET OFF (WHETHER BY LEGAL OR EQUITABLE SET OFF OR OTHERWISE) AMOUNTS CLAIMED AGAINST DOUGLAS VALLEY AND/OR DUE FROM DOUGLAS VALLEY AND WHETHER IN RESPECT OF ANOTHER SALVAGED VEHICLE OR OTHERWISE IS EXCLUDED. FOR THE AVOIDANCE OF DOUBT, EACH WINNING BID IS A SEPARATE TRANSACTION.
19. THE CUSTOMER SHOULD UPON DELIVERY OR COLLECTION OF THE SALVAGED VEHICLE CHECK THE SALVAGED VEHICLE AS THIS IS DEEMED TO BE THE POINT AT WHICH THE CUSTOMER HAS ACCEPTED THE SALVAGED VEHICLE. REFUNDS AND COMPENSATION WILL NOT BE GIVEN UNDER ANY CIRCUMSTANCES ON A SALVAGED VEHICLE AFTER A CUSTOMER HAS ACCEPTED IT. IN ANY EVENT REJECTION CAN ONLY TAKE PLACE WITHIN 7 CALENDAR DAYS OF THE DATE OF THE AUCTION CLOSING OR DIRECT PURCHASE FROM DOUGLAS VALLEYS SITE IN STANDISH ("PAYMENT AND COLLECTION PERIOD").
20. The customer hereby agrees that it shall use suitable vehicles for the collection of the Salvaged Vehicles, such vehicles to be roadworthy and safe, fit for purpose, generally presentable and comply with all relevant legislation.
21. Cherished/Personalised registration numbers do not form part of nor are they included in any sale transaction.
22. The Vendor and DOUGLAS VALLEY agree that title to the Salvaged Vehicle shall pass to the customer upon payment by the customer of all monies owed by the customer to DOUGLAS VALLEY.
23. Where the Salvaged Vehicle has not been picked up 7 days after the auction or purchasing directly from Douglas Valley's site in Standish, DOUGLAS VALLEY reserves the right to retain possession of the Salvaged Vehicle and the Vendor will retain title as detailed in the preceding paragraph.
24 EXCLUSION OF WARRANTIES
25. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE SALVAGED VEHICLES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS AS TO FITNESS FOR PURPOSE, DESCRIPTION, AND SATISFACTORY QUALITY). THIS APPLIES TO THE PRE-ACCIDENT CONDITION AND MAINTENANCE OF THE VEHCILE AND THE POST-ACCIDENT CONDITION AND MAINTENANCE OF THE SALVAGED VEHICLES.
26. THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ANY SALVAGED VEHICLE PURCHASED BY THE CUSTOMER SHALL BE PURCHASED IN THE STATE AND CONDITION IT IS IN AT THE TIME OF PURCHASE WITH ALL FAULTS AND DEFECTS ("AS IS"). THE CUSTOMER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE SALVAGED VEHICLE PURCHASED "AS IS" MAY BE DAMAGED, DEFECTIVE OR OTHERWISE UNMERCHANTABLE AND/OR OF UNSATISFACTORY QUALITY, AND UPON COLLECTION / DELIVERY THE CUSTOMER FULLY ACCEPTS THE VEHICLE IN THIS CONDITION. ALL MILEAGE INDICATORS PUT ON OUR WEB SITE OR ON ANY PARTNER AUCTION SITES ARE TO BE DEEMED AS INCORRECT OR FALSE. NO GUARANTEE IS GIVEN ON MILEAGE AS THE VEHICLE MAY DISPLAY INCORRECT MILEAGE DUE TO THE NATURE OF THE ACCIDENT OR DAMAGE TO THE SAID VEHICLE. DOUGLAS VALLEY BREAKERS LTD OFFERS NO GUARANTEE AS TO THE CORRECT MILEAGE AND ANY ERRORS MADE BY STAFF WHEN POSTING MILEAGE OR DESCRIPTIONS MUST BE NOTIFIED BY THE CUSTOMER AT THE COLLECTION OR DELIVERY POINT TO DOUGLAS VALLEY BREAKERS LTD AND THE VEHICLE AT THAT POINT REFUSED. ACCEPTANCE OF THE VEHICLE AT COLLECTION OR DELIVERY BINDS THE CUSTOMER TO THESE TERMS AND CONDITIONS AND NO REFUNDS OR COMPENSATION WILL BE GIVEN AFTER THAT POINT IN TIME.
27 Customer's Obligations After the Sale
28 The Category B customer hereby agrees to comply with the ABI Code of Practice and all other laws and regulations with respect to the removal of useable parts and the destruction of Category B Vehicles, whereby once salvageable parts have been removed the shell, frame and chassis must be crushed. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions and in accordance with the insurance industry requirements that these items must never be resold. (iii) The category B cusotmer agrees that the structure of any category B vehicle will be destroyed in its entirety. Under no circumstances can a section of the vehicle structure be cut out prior to destruction. For the avoidance of doubt the structure is defined as the body shell of the vehicle, or the chassis for a vehicle with separate body and chassis. (ii) resell the Category B Vehicles purchased on the Site.
29. THE CUSTOMER, WHETHER A CATEGORY B CUSTOMER OR NOT, AGREES TO INDEMNIFY AND HOLD DOUGLAS VALLEY HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, ACTION OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER SUBSEQUENT RESALE OR DISPOSAL OF A SALVAGED VEHICLE, WHETHER A CATEGORY B VEHICLE OR NOT.
30. LIABILITY
31. DOUGLAS VALLEY EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY OF THE FOLLOWING: (i) ANY CLAIM IN RESPECT OF ANY STOLEN VEHICLES THAT MAY HAVE BEEN OFFERED FOR AUCTION ON ANY INTTERNET SITE OR FROM DOUGLAS VALLEYS PREMISES; (ii) ANY CLAIM IN RESPECT OF ANY LOSS ARISING FROM A SALVAGED VEHICLE FAILING A VEHICLE IDENTITY CHECK (VIC); (iii) ANY FAULTY VEHICLES OFFERED FOR AUCTION ON THE SITE; (iv) ANY MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT MILEAGE OR OTHER) MADE IN RESPECT OF ANY SALVAGED VEHICLE OR IN CONNECTION WITH ANY SALVAGE AUCTION OR THE SERVICES PROVIDED FROM OUR SITE; (v) DAMAGE CAUSED TO THE SERVICES OR AFFECTING ANY SALVAGE AUCTION OR DAMAGING OR OTHERWISE AFFECTING ANY PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE, COMPUTER SYSTEM OR INTELLECTUAL PROPERTY) OF ANY CUSTOMER, USER OR THIRD PARTY WHICH DAMAGE RESULTS FROM ANY IMPROPER OR FRAUDULENT USE OR ELECTRONIC "HACKING" OF THE DEALER SERVICES; AND (vi) ANY LOSS ARISING FROM USE OF ANY LINK ON THE SERVICES TO ANY OTHER WEBSITE OR PART OF THE INTERNET.
32. CONSEQUENTIAL LOSS. DOUGLAS VALLEY SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY MONETARY AND/OR ECONOMIC LOSSES AND/OR PROPERTY DAMAGE OF ANY TYPE AND WITHOUT PREJUDICE TO THE GENERALITY OF THIS EXCLUSION WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, INCOME OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE BY DOUGLAS VALLEY, THEIR EMPLOYEES OR THEIR AGENTS OR BREACH OF THIS AGREEMENT OR OTHERWISE), EVEN IF THAT LOSS OR DAMAGE WAS FORESEEABLE BY, OR THE POSSIBILITY OF IT WAS BROUGHT TO THE ATTENTION OF, DOUGLAS VALLEY. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL LIMIT DOUGLAS VALLEY'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM DOUGLAS VALLEY'S NEGLIGENCE.
33. DEALER'S DUTY TO INDEMNIFY. THE CUSTOMER HEREBY AGREES TO INDEMNIFY DOUGLAS VALLEY AGAINST ALL LIABILITIES, CLAIMS AND EXPENSES THAT MAY ARISE FROM ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER.
34. All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that DOUGLAS VALLEY has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of DOUGLAS VALLEY or of any third party.
35. THE INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATION PURPOSES. WHILST CARE HAS BEEN TAKEN IN ITS PREPARATION, DOUGLAS VALLEY DOES NOT MAKE ANY WARRANTIES NOR REPRESENTATIONS AS TO ITS ACCURACY OR RELIABILITY. WE NEITHER ACCEPT NOR ASSUME ANY LIABILITY IN RELATION TO THE CONTENTS OF THESE PAGES WHICH SHOULD NOT BE RELIED UPON AS ACCURATE. IN NO EVENT DO WE ACCEPT LIABILITY OF ANY DESCRIPTION INCLUDING LIABILITY FOR NEGLIGENCE FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE VIEWING, USE OR PERFORMANCE OF THIS AREA OF THE WEBSITE OR ITS CONTENTS. The information in these pages may be updated from time to time and may at times be out of date. DOUGLAS VALLET BREAKERS LTD ACCEPT NEITHER RESPONSIBILITY FOR KEEPING THE INFORMATION IN THESE PAGES UP TO DATE NOR LIABILITY FOR ANY FAILURE TO DO SO.
36. All users are advised to check advertisement details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
37. Choice of law and jurisdiction clause This Agreement is governed by and is to be construed in accordance with the law of England and Wales
TERMS & CONDITIONS OF SALE FOR PARTS
DOUGLAS VALLEY BREAKERS LTD
The UK's
Largest Prestige Vehicle Dismantler
ENGINE AND GEARBOX WARRANTY
INTERNATIONAL SUPPLIERS OF ENGINES AND GEARBOXES
ENGINE AND GEARBOX SPECIALIST THIS WARRANTY IS VOID
IF NEW CAM BELTS ARE NOT FITTED BEFORE RUNNING THE ENGINE
TERMS AND CONDITIONS OF SALE
These conditions replace and supersede all previous issues.
These conditions shall apply to all contracts for the sale of goods Douglas Valley Breakers Ltd to the buyer to the exclusion of all other terms and conditions which the buyer may purport to apply under any purchase order confirmation or similar documents.
All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
Acceptance of delivery of the goods shasll be deemed conclusive evidence of the Buyers acceptance of these conditions.
Cam belts must be changed before fitting the unit.
Thermostat and temperature sensor(s) must be changed.
O/E filters must be used, engine must be flushed.
This warranty covers the block, cylinder head and their associated parts only.
It does not apply to ancillary items attached i.e manifolds, sump, water pump, diesel injection pump, injection system, turbo, distributor, gaskets, oil and water seals, sensors, pulleys, drains and sprockets.
Most vehicles and parts of vehicles sold from this establishment are auto salvage, are second hand and sold as such. Whilst we wish to give good value to our customers we cannot guarantee each part to be absolutely perfect as this is reflected in our prices when they are compared to brand new items.
A cooling period of seven days from date of invoice is offered. All used goods come with a thirty (30) day working guarantee. The guarantee is applied to the subject sold and NOT delivery, labour time, car hire, loss of earnings or any other third party costs.
We will always try to supply the exact part that our customers require. Due to variations in make, model, design and years of manufacture, we cannot give any guarantee that the parts are correct for the purpose required. Sales are made on the strict understanding that the customer is responsible for making sure the parts bought are correct for the purpose required. Incorrectly ordered parts shall be subject to a 20% handling charge. In the event that the part purchased is not correct for the particular vehicle we will attempt to replace the part with the correct one if notified within 72 hours.
Any part which is found to be faulty or unserviceable (unless the fault was declared on purchase) will be repaired, exchanged, or money refunded, according to circumstances. If notification is made within 30 days of purchase, unless the part was sold under special terms evidence in writing and assuming the part has not been subject to misuse, alterations or substitution.
If after the supply of an engine / gearbox unit from this company (Douglas Valley Breakers Ltd) a fault develops, then this company reserves the right to conduct a mechanical investigative examination - the purpose of which is to safeguard both Douglas Valley Breakers Ltd and the customer/purchaser and to identify any subsequent liability.
If the item sold is found to be defective as a direct result of workmanship or substandard parts etc. Douglas Valley Breakers Ltd will rectify the matter in accordance with the terms of our warranty. Consequently, Douglas Valley Breakers Ltd reserves the right to undertake the initial inspection, thereafter if a dispute arises - or may arise - then this company - and subsequently our engineer or representative is prevented from such an examination, then the warranty issued by Douglas Valley Breakers Ltd may be prejudiced.
Delivery of the goods shall be made to the buyer's nominated address. The buyer shall make all arrangements to take delivery of the goods whenever they are tendered for delivery. Although every effort is made to ensure goods arrive at schedule time, no responsibility can be accepted where any such delay occurs.
Any variations of these conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by Douglas Valley Breakers Ltd. This warranty is non-transferable.
All engines and gearboxes are supplied on an exchange basis, please ensure that the unit is ready for collection within fourteen days of sale or a surcharge will be applied. If an alternative arrangement has been agreed, please ring Douglas Valley Breakers Ltd to confirm the agreement.
