1 | Relationship between Autorola.co.uk and the site users |
| 1.1 | About Autorola.co.uk | | 1.1.1 | Autorola Ltd is responsible for the contents and the operation of Autorola.co.uk. The domain is owned by a third party. Autorola.co.uk functions exclusively as an auctioneer by making the Autorola.co.uk vehicle auction available to buyers and sellers. | | 1.1.2 | Once a sale agreement has been established via the Autorola.co.uk vehicle auction, or Autorola.co.uk's customer centre, or in any other way mediated by Autorola.co.uk, the agreement is binding for both buyer and seller. The buyer is obligated to pay the agreed amount and the seller is obligated to supply the agreed vehicle in the condition described. | | 1.1.3 | Once an agreement has been established via the Autorola.co.uk vehicle auction or Autorola.co.uk's customer centre, the buyer and seller must pay Autorola.co.uk the fees applicable at the time the agreement was made. This obligation applies whether or not the parties complete the sale, and regardless of the cause. | | 1.2 | User categories and rights | | 1.2.1 | Motor traders, fleet companies and lease companies can register as "users" of the Autorola.co.uk vehicle auction. The different types of users are subject to different rights and obligations. | | 1.2.2 | Autorola.co.uk reserves the right to deny access to users without further explanation or to make approval of a user subject to special conditions. | | 1.2.3 | Autorola.co.uk decides which category each user belongs to and is entitled to transfer a user to another category without notice. | | 1.2.4 | Autorola.co.uk is entitled to cancel a user account at any time with immediate effect. Should a user account be cancelled, this will not impact on any sale agreements already established at Autorola.co.uk, and the user will continue to be bound by any vehicles already registered or bids entered. This will be the case unless Autorola.co.uk decides otherwise. | | 1.2.5 | All users choose a username and password. These are strictly confidential and must not be passed on to others. Should the user become suspicious that someone else has become aware of their password, they must immediately inform Autorola.co.uk, who will block any further access to the account to prevent misuse of the system in the user's name. The user will then receive a new password. The user is always liable in the event that their username and password are misused. | | 1.3 | Vehicle registration | | 1.3.1 | All users can submit vehicles for an auction that have been registered for the first time within the last 12 years. | | 1.4 | Vehicle description | | 1.4.1 | Every effort has been made to accurately describe all vehicles presented on this auction, but please allow for preparation costs (in line with the standard condition as stated in the Vehicle Condition Schedule below) in addition to any damage listed. | | 1.4.2 | The vehicle must always be described accurately and exhaustively when submitted to Autorola.co.uk. None of the required pieces of information may be omitted during the description. All faults, defects and modifications to the vehicle must be described. | | 1.4.3 | Once a vehicle has been registered, the description of the vehicle is binding on the seller, who is obligated to supply a vehicle that fulfils the description. It is not possible to change the description during a running auction. Should the seller discover that the vehicle description is incorrect, they must contact Autorola.co.uk immediately. | | 1.4.4 | Autorola.co.uk is entitled to demand further information and documentation regarding a vehicle and its description. | | 1.4.5 | The seller is responsible for ensuring that the information entered during the description process is correct and complete. Autorola.co.uk has no responsibility for the vehicle description. | | 1.4.6 | The seller is required to have investigated the following items, which must be unconditionally reported in the description: - Whether there are other rights attached to the vehicle, including ownership, reservation, seizure, purchase options or pre-emptive rights.
- Whether there are any other factors that limit or restrict the sale of the vehicle in a free and unencumbered state.
- Whether any entitlements have been registered on the vehicle in the HPI Register. The seller is responsible for ensuring that these entitlements can always be redeemed/cancelled at the time the vehicle is handed over or before.
| | 1.4.7 | Users are not permitted to submit vehicles on behalf of others. In the case of companies, employees authorised by the company may also register company vehicles. | | 1.5 | Reserve price | | 1.5.1 | The seller sets their own reserve price. If Autorola.co.uk manages in any way to procure a buyer willing to pay the reserve price or above for the registered vehicle as described, the seller is obligated to sell. This is also the case if the seller accepts a lower bid by agreement with Autorola.co.uk. | | 1.5.2 | Autorola.co.uk reserves the right to refrain from approving any vehicle without notice, or subsequently remove the vehicle from the auction if Autorola.co.uk believes the reserve price entered is too high. Where the reserve price is too high, Autorola.co.uk will recommend a new reserve price. | | 1.6 | The auction procedure | | 1.6.1 | Autorola.co.uk manages the start and close of the auction in all cases. | | 1.6.2 | Autorola.co.uk reserves the right to cancel or change scheduled auctions without notice. | | 1.6.3 | Autorola.co.uk is entitled to cancel an auction at any time without providing an explanation, and without constituting a basis for monetary claims against Autorola.co.uk. Such cancellations may take place both before and during the auction. Completed auctions cannot be cancelled. | | 1.7 | Extended auction | | 1.7.1 | Autorola.co.uk lists vehicles that are not sold at the ordinary auction under the "Extended auction". | | 1.7.2 | The extended auction serves as a catalogue of vehicles that have not yet been sold via Autorola.co.uk. | | 1.7.3 | All users can bid via the extended auction. If a user bids via the Extended auction, the Terms and Conditions for buyers at the auction apply. Buyers' bids are binding. | | 1.7.4 | Vehicles will be listed on the Extended auction for as long as Autorola.co.uk feels appropriate. | | 1.7.5 | In the extended auction, unlike the ordinary auction, the seller must approve a bid before a sale agreement is binding. | | 1.7.6 | If Autorola.co.uk arranges an agreement between the buyer and seller at the extended auction, or in any other way, these Terms and Conditions apply. | | 1.8 | Bidding regulations | | 1.8.1 | All vehicles offered in the auction will be sold provisionally, pending availability with the seller; sales will be confirmed within 2 hours of the auction ending. | | 1.8.2 | Bids entered are binding on the bidding party. The buyer chooses the maximum amount they wish to bid at the auction. If the bid is less than or equal to the seller's reserve price, the full bid is immediately registered as the highest bid. If the bid is above the reserve price, the reserve price is immediately registered as the highest bid. | | 1.8.3 | When there are two or more bids equal to or above the reserve price, the bidder who has outbid the others (by the fixed bid increment specified on the auction) is entitled to the vehicle. If two bidders enter the same bid, the first bid received will become the highest bid. | | 1.8.4 | If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid. | | 1.8.5 | Bids cannot be reduced or cancelled once they have been made. | | 1.8.6 | All bids entered are recorded and may be stored by Autorola.co.uk for as long as Autorola.co.uk wishes. | | 1.8.7 | If there are any matters of dispute in relation to a bid, these will be finally decided with binding effect by Autorola.co.uk. | | 1.8.8 | Once a bid has been entered on a vehicle which is equal to or above the seller's reserve price, a binding agreement exists between the seller and the highest bidder, and both parties are obligated to complete the sale transaction. Thus the seller is obligated to supply the vehicle in the condition described to the highest bidder, and the highest bidder is obligated to accept and pay for the vehicle. This is also the case if an agreement is arranged through the Autorola.co.uk customer centre or by Autorola.co.uk in any other way. | | 1.9 | Commission regulations | | 1.9.1 | Both the buyer and seller must always pay a commission to Autorola.co.uk once a vehicle has attained its reserve price at the auction or an agreement has been entered into in any other way via Autorola.co.uk, for example, via the Extended auction or Autorola.co.uk's customer centre. The obligation to pay a commission applies whether or not the parties subsequently complete the sale, and regardless of the cause should they fail to do so. Note that the obligation to pay a commission also applies even if the sale is not completed due to a breach by one of the parties, as any such breach or alleged breach is purely a matter between the buyer and the seller. | | 1.9.2 | The commission and payment terms that apply at any given time are listed on Autorola.co.uk's Prices and commissions page. The auction commission is independent of the sum of the bid and is to be paid directly to Autorola.co.uk. | | 1.9.3 | In cases where a sale is not completed due to a breach of the agreement by the buyer or seller, Autorola.co.uk is entitled to collect double commission from the party responsible for the breach. | | 1.9.4 | Autorola.co.uk's claim for payment of auction commissions and other claims must be paid efficiently and cannot be nullified by setting off, nor can a right of retention be exercised in amounts payable to Autorola.co.uk. | | 1.9.5 | The auction fee payment is due no later than three days after the invoice date. Overdue payments will be subject to interest from the due date at the current interest rate. | | 1.10 | Autorola.co.uk's intangible rights | | 1.10.1 | All rights relating to the auction system, including all terms, conditions, descriptions, data, procedures and know how rest with Autorola.co.uk alone. All copyrights, trademarks and all other intangible rights to and relating to the auction system and Autorola.co.uk, rest with Autorola.co.uk alone. | | 1.10.2 | Any form of copying, replication or other kind of imitation is forbidden. | | 1.10.3 | Users may only use the auction system for correct and lawful participation in the Autorola.co.uk vehicle auction. Any violation can be expected to lead to liability and legal prosecution. | | 1.11 | Exemption of liability | | 1.11.1 | Autorola.co.uk is only the auction host and as such is never party to a vehicle sale agreement entered into during the auction. Thus it is exclusively the buyer and seller who are the parties in the sales transactions agreed to. Autorola.co.uk has no liability, in any respect, for the vehicle sales transactions, including the behaviour of the buyer and seller. This applies particularly, but is not limited to, the seller's information about the vehicle, whether the seller can/will sell and hand over the vehicle, whether the buyer can/will pay for and accept the vehicle, whether the seller is the owner of the vehicle, whether any third party has a hire purchase, seizure, ownership reservation, pre-emptive right, purchase option or other entitlement relating to a vehicle. | | 1.11.2 | Autorola.co.uk will not be liable for interruptions to service and faults that have arisen as a direct or indirect consequence of communication errors, data-entry errors, or breakdowns/interruptions to service on the Internet, the auction system servers, hardware or software. | | 1.11.3 | Autorola.co.uk will not be liable under any circumstances for consequential damages and indirect losses, including lost profits, income, business opportunities and loss of data, information, etc. Autorola.co.uk will also not be liable under any circumstances in the event of force majeure, including factors which Autorola.co.uk has no influence over. | | 1.11.4 | In the event that Autorola.co.uk is liable, under no circumstances can the compensation claim exceed £1,000, regardless of the size of the loss suffered. | | 1.12 | Handling of personal information | | 1.12.1 | All information provided by users to Autorola.co.uk will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction. However, Autorola.co.uk reserves the right to pass on information where this is required by legislation, government authorities or the courts. Thus Autorola.co.uk will only use the information for internal purposes within Autorola.co.uk and any affiliated companies. However, Autorola.co.uk also reserves the right to use the information in an anonymous form, for example in connection with marketing, user surveys, guidelines, etc. | | 1.13 | Choice of law and court of jurisdiction | | 1.13.1 | The relationship between Autorola.co.uk and the users is subject to UK law. | | 1.13.2 | The court of jurisdiction for legal proceedings between Autorola.co.uk and the users shall be the Court in London. However, this does not limit Autorola.co.uk's right to bring enforcement proceedings before other courts. Autorola.co.uk is also always entitled to choose to bring legal proceedings against a user. | | 1.14 | Printing and typing errors | | 1.14.1 | Autorola.co.uk accepts no liability for printing and typing errors. |
2 | The relationship between the buyer and seller |
| 2.1 | Introduction - Autorola.co.uk is never party to a sale transaction | | 2.1.1 | This point lays down the conditions which apply to buyers and sellers at the Autorola.co.uk vehicle auction. For the legal relationship between Autorola.co.uk and the users, please refer to point 1. Relationship between Autorola.co.uk and the site users. | | 2.1.2 | Autorola.co.uk is never party to an agreement regarding the purchase or sale of a vehicle. Autorola.co.uk's role is exclusively to make the auction system available to buyers and sellers. The agreement relationship relating to a vehicle being sold is therefore exclusively a matter between the buyer and seller. Disputes between the buyer and seller must be resolved between these two parties. Autorola.co.uk's right to receive commission is not affected by the parties' failure to complete a sale transaction. This is the case regardless of the reason for the failure. Autorola.co.uk can never be made liable for breaches of an agreement by one or both parties. | | 2.1.3 | The terms between the buyer and seller in the Terms and Conditions only apply where the parties have not entered into another agreement. For example, the parties may freely choose an alternative delivery time, delivery location, payment date or payment method. If an alternative agreement cannot be reached, the buyer and seller must observe Autorola.co.uk's Terms and Conditions. | | 2.2 | When an agreement has been entered into | | 2.2.1 | Once a vehicle has been traded, the buyer and seller have a mutual obligation to contribute to the completion of the transaction and fulfil their obligations in this regard. Contact must be made to the vendor via telephone within 48 hours of receipt of confirmation of sale. | | 2.2.2 | When a vehicle has been traded via Autorola.co.uk, the buyer and seller are obligated to print out the contract of sale directly from Autorola.co.uk. The contract of sale will also be sent as an email or fax. | | 2.3 | Delivery and the buyer's right of inspection | | 2.3.1 | Delivery of the vehicle can be arranged (please contact Autorola.co.uk's Customer Centre on 01625 507015 for more information), or the buyer can collect the vehicle. The pick-up location must be an address notified by the seller, within the postcode area listed under the vehicle description. If the seller does not specify another specific address within the applicable postcode area, the vehicle will be collected from the seller's address. | | 2.3.2 | Delivery must take place no later than 5 working days after the sale agreement is entered into. The seller is obligated to allow the buyer to collect the vehicle within the stipulated 5 working day deadline, between the hours of 09:00 - 17:30. If the parties cannot agree on a pick-up time, the buyer chooses a time within the applicable period, but must give the seller at least 24 hours' notice. | | 2.3.3 | The contract of sale is not the sales invoice. The sales invoice will be sent separately after the auction and will display the vehicle sales price plus any applicable fees. | | 2.3.4 | If the buyer discovers inconsistencies between the vehicle and the seller's description of the vehicle, the buyer is entitled to a reasonable reduction in the price or, alternatively, to cancel the sale all together. This does not impact on Autorola.co.uk's right to a commission. | | 2.3.5 | Before making payment, the buyer is entitled to ensure that the vehicle's chassis number and registration number (where applicable) match the V5 registration document. | | 2.3.6 | The buyer must be given the vehicle's V5 owner change slip together with the vehicle. | | 2.3.7 | During registration for the auction, the seller has the option to offer to deliver the vehicle to the buyer at another location, instead of it being collected from the seller's address. This location can be the buyer's address within UK, wherever this might be, excluding islands not connected via bridges or one or more specific geographic areas. If the seller chooses this option, it replaces the "collection" mentioned in the provisions above, such that the "postcode area" is replaced by the region the seller has offered to deliver within. Regardless of whether the seller chooses this option, the buyer is always entitled to collect the vehicle from the seller's address, should he so prefer. | | 2.4 | Payment for the vehicle | | 2.4.1 | Cleared funds for all vehicles purchased must be paid to the vendor within 3 working days of the vehicle sale being confirmed. | | 2.4.2 | Any applicable fees (Buyer fee, seller fee, vehicle funds, and delivery charges) must be paid to Autorola Ltd immediately upon receipt of the sales invoice which is sent via email or fax. | | 2.4.3 | The buyer must pay the purchase price and any applicable fees prior to delivery, in exchange for the seller handing over the vehicle, the V5 owner change slip, and any other papers that belong with the vehicle. | | 2.4.4 | The buyer must pay via bank transfer, CHAPS, Bill payment, or bank draft. Any bank drafts must be presented to the vendor during normal banking hours. | | 2.4.5 | If one party so requests, the other party is obligated to provide a receipt for the transaction (for the vehicle, etc., or the payment received). | | 2.4.6 | Before making payment, the buyer is encouraged to query the HPI Register to ensure that no hire purchase or other rights are registered on the vehicle. If the parties have agreed that the buyer should pay the outstanding finance directly, the buyer is encouraged to ensure that no further rights are registered in the HPI Register. Please also refer to point 2.9 below regarding the HPI Register. | | 2.4.7 | All transactions are liable for a £3.00 invoice fee. | | 2.5 | Risk transferral | | 2.5.1 | The risk for the vehicle transfers from the seller to the buyer when the seller hands over the vehicle to the buyer or the buyer's representative. | | 2.6 | The seller's basic obligations | | 2.6.1 | The seller, having submitted the vehicle in the auction, is obligated to deliver the vehicle in the condition described, once an agreement has been entered into. | | 2.6.2 | The seller is responsible for ensuring that all information about the vehicle is correct and complete, and that the vehicle is not defective. | | 2.6.3 | The seller is responsible for being the legal owner of the vehicle and that no third parties have any form of rights to the vehicle, including hire purchase, ownership reservation, seizure, purchase option, pre-emptive right or other entitlement, which limits or prevents sale of the vehicle in a free and unencumbered state. The seller is also responsible for ensuring that at the time of delivery, there are no rights registered on the vehicle in the HPI Register. However, the stipulations in point 2.6.3 do not apply where the seller has declared such entitlements during his description of the vehicle, and an agreement is established with the buyer concerning the buyer's redemption or take over of such entitlements as part of the purchase transaction. Before placing his vehicle on sale at the auction, the seller must ensure that all residual debt/outstanding finance on the vehicle and other entitlements on the vehicle can be redeemed in connection with the sale transaction, at or before the time of delivery. | | 2.6.4 | Once the vehicle has been handed over the seller has no further obligations to the vehicle. | | 2.7 | The buyer's basic obligations | | 2.7.1 | Once the buyer, having bid on Autorola.co.uk, has become the highest bidder in accordance with the bidding rules, or has in any other way accepted to buy the vehicle, a binding agreement has been entered into between the buyer and seller. The buyer is obligated to complete the sale transaction. | | 2.8 | Disputes between the buyer and seller | | 2.8.1 | The relationship between the seller and the buyer is subject to UK law. | | 2.8.2 | Any issues with the condition of the vehicles must be made at point of collection/delivery, with the seller, and Autorola Ltd must be notified in writing within 24 hours if any actions are required. Whether a timely complaint has been made, and whether or not a breach/deficiency exists which the other party is liable for, will be decided in accordance with applicable UK law. | | 2.8.3 | In the event of a dispute between the buyer and seller which cannot be resolved amicably, the parties are encouraged to seek assistance from a lawyer. Both parties should not be represented by the same lawyer. | | 2.8.5 | In the event of a dispute between the buyer and seller, a copy of the contract of sale must be sent without delay to Autorola.co.uk's office, along with a description of the cause. This is for statistical and registration purposes and does not mean that Autorola.co.uk in any way becomes a party in the breach and any dispute between the buyer and seller, nor is Autorola.co.uk's right to a commission affected. Disputes between the buyer and seller will still be decided directly between the buyer and seller without Autorola.co.uk's intervention. | | 2.9 | The HPI Register and vehicle hire purchases, etc. | | 2.9.1 | The seller is responsible for ensuring that the vehicle is free and unencumbered at the time of delivery. Thus the seller is obligated to redeem and ensure the cancellation of all entitlements that creditors and other parties might have over the vehicle before delivery. However, the parties can agree that the buyer, as part of the sale transaction, will redeem financial entitlements and other entitlements in the vehicle. With the acceptance of the party who holds entitlements over the vehicle (e.g. a hire purchase), the parties can also agree that the buyer will take over specific debt obligations. It is recommended that all agreements relating to the buyer's redemption or take over of a hire purchase in the vehicle be made in writing and with the greatest care. | | 2.9.2 | The parties should be aware that not all entitlements over vehicles are registered in the HPI Register. This is the case, for example, for pledge rights, right of retention, right of use and other rights. If the person selling the vehicle is not the rightful owner, the buyer runs the risk of having to return the vehicle to its rightful owner. This is also the case for vehicles purchased by methods other than an auction. | | 2.10 | Printing and typing errors | | 2.10.1 | Autorola.co.uk accepts no liability for printing and typing errors. |
3.0 | Vehicle Condition Schedule |
| 3.1 | Overall Condition. | | 3.1.1 | Vehicles should be complete and to the original manufacturers specification. | | 3.1.2 | Any replacement components should conform to the manufacturer's specification in force at that time and applicable to that specific vehicle. | | 3.1.3 | All vehicles should be clean and free from dirt on both the interior and exterior. | | 3.1.4 | Vehicles will be mechanically sound. | | 3.1.5 | Paint colours will match and meet manufacturer's original finish and specification. | | 3.2 | Bodywork. | | 3.2.1 | All bodywork and paintwork must be maintained to a good standard commensurate with the age and mileage of the vehicle. Acceptable as fair wear and tear:- | | 3.2.1.1 | Minor stone chips to forward facing surfaces of bonnet valance wings and wheel arches. | | 3.2.1.2 | Minor scratches which can be polished out. | | 3.2.1.3 | Minor dents on any panel e.g. through careless opening of vehicle doors in car parks which can be viewed on a bodyline check only. | | 3.2.2 | Not acceptable:- | | 3.2.2.1 | Scratches through to primer on metal. | | 3.2.2.2 | Stone chips or scratches which have spread to adjacent areas. | | 3.2.2.3 | Minor dents which can be viewed over and above the bodyline check i.e. from a two metre side on appraisal. | | 3.3 | Interior Trim. | | 3.3.1 | The interior trim must be maintained to a good standard commensurate with the age and mileage of the vehicle. | | 3.3.2 | All items of interior trim must be free of burns and stains. | | 3.3.3 | Burns penetrating seat covers floor coverings or any other trim areas are not acceptable. Minor scorch marks if not in a prominent are acceptable. | | 3.3.4 | Any repairs to seat covers must be to an acceptable standard. | | 3.4 | Windscreen | | 3.4.1 | Acceptable as fair wear and tear:- | | 3.4.1.1 | Any cracks in the front windscreen are unacceptable. | | 3.4.1.2 | Some chips other than in the area directly in line of sight of the driver are acceptable. | | 3.4.1.3 | Any repair to the windscreen must comply with British Standard BS AU 252 1991. | | 3.5 | Rubbing Strips/Bumper/Wheel Trims (Including Alloy Wheels). | | 3.5.1 | Acceptable as fair wear and tear:- | | 3.5.1.1 | Light abrasions to bumpers and body protection mouldings are acceptable. | | 3.5.2 | Not acceptable:- | | 3.5.2.1 | Cracked split dented or loose bumpers or body protection mouldings are not acceptable. | | 3.6 | Wheels | | 3.6.1 | In undamaged condition. | | 3.7 | Tools and Equipment. | | 3.7.1 | The correct wheels tyres and/or wheel trims for the model must be fitted. | | 3.7.2 | Tyres must be in good condition free from cuts distortion and meet minimum legal requirement. | | 3.7.3 | Steel and alloy wheel trims must be in good condition however light rim damage is acceptable although only one such instance on any one wheel is acceptable. Distortion of this type on two or more wheels will be rejected and replacement wheels fitted. | | 3.7.4 | Alloy wheels should be free of (major) scuff marks resulting from kerb contact. | | 3.7.5 | All vehicles are to be returned with tools and equipment to manufacturer's original specification. | | 3.7.6 | Not acceptable:- | | 3.7.6.1 | Any repairs/replacement not as above. | | 3.8 | Electrical | | 3.8.1 | All fitted electrical equipment must be in good working order and tested by on/off method. | | 3.8.2 | All ICE (In Car Entertainment) must be in good working order. | | 3.8.3 | All ICE must be of the correct type for the vehicle model. | | 3.9 | Keys. | | 3.9.1 | One key and alarm fob (if applicable) will be supplied as a minimum. | | 3.10 | Service Book/Handbook. | | 3.10.1 | Will be supplied with the vehicle. | | 3.11 | Number Plates. | | 3.11.1 | Light cracks not affecting rigidity or security of fixings are acceptable. Heavily cracked distorted broken or holed plates are chargeable. | | 3.11.2 | All plates must meet legal spacing requirements. |
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