Terms and Conditions for the Sale of Commercial Vehicles by Internet Auction

  • 1. Introduction
    • 1.1 The Truck Auction World Limited (”TAW”) website at www.truckauctionworld.com (this “Website”), and all of the auction (and other) Services offered through this Website from time to time, are provided by TAW to you (“you”, being a Registered User of this Website), in your capacity as a seller of commercial vehicles or a bidder for or buyer of such commercial vehicles, subject to these terms and conditions as amended from time to time (these "Terms and Conditions").
    • 1.2 Before you can buy or sell any Vehicle(s) through this Website, or otherwise use this Website or any of the Services, you must read and accept these Terms and Conditions. By clicking the button below marked “I ACCEPT”, you (i) irrevocably and unconditionally confirm that you have carefully read, understood and accepted these Terms and Conditions and (ii) automatically enter into a binding contract with TAW in accordance with the provisions of these Terms and Conditions. There will be no binding contract between you and TAW unless and until you have indicated to TAW that you accept these Terms and Conditions. If you choose not to accept these Terms and Conditions, you will not be able to access all of the Services offered by TAW through this Website.
    • 1.3 These Terms and Conditions are effective immediately upon acceptance of them by you – please read them carefully before you use this Website. If you have any questions regarding any of these Terms and Conditions, or any other aspect of this Website and/or our Services, please e-mail enquires@truckauctionworld.com.
    • 1.4 TAW may, at its sole discretion, change any of these Terms and Conditions, in whole or in part, at any time by (i) posting any such change(s) on this Website and (ii) giving you reasonable notice of such change(s). The amended Terms and Conditions will be effective as soon as they are posted on this Website and you have been duly notified of the relevant change(s). Your continued use of this Website and the Services after the amended Terms and Conditions have been posted on this Website, and after you have been duly notified of the relevant change(s), will constitute your agreement to the amended Terms and Conditions.
    • 1.5 Any Vehicle sale arising from a Successful Bid made before any amended Terms and Conditions are posted on this Website will be governed by the Terms and Conditions in force at the time the Successful Bid was made.
  • 2. Definitions and Interpretation
    • "Auction" means the procedure, resulting from competitive Bids facilitated by TAW, whereby any Vehicle comprised in a Lot is sold to a Buyer through this Website and on the basis of these Terms and Conditions;
    • "BACS" means the Bankers’ Automated Clearing Services payment system (being a scheme for the electronic processing of financial transactions by the use of automated payment schemes) operated by BACS Payment Schemes Limited (and a “BACS Payment” is any payment that is made or sent through BACS);
    • "Bid" means any offer from a Buyer, made through the Website, to purchase any Vehicle(s) comprised in a Lot;
    • "Buyer" means any Registered User who makes a Bid in its capacity as a potential, prospective or actual buyer of any Vehicle(s) comprised in a Lot;
    • "Buyer's Premium" means the additional amount, over and above the amount of the Successful Bid, that is payable by a Successful Bidder to TAW, plus the appropriate amount of VAT thereon, following a Successful Bid and which, unless a different amount is otherwise indicated in relation to any Vehicle(s) or Lot(s) on the Website, will be an amount equal to ten per cent (10%) of the amount of the Successful Bid (plus the appropriate amount of VAT thereon);
    • "CHAPS" means the Clearing Houses Automated Payment System, being a system for the direct electronic transfer of funds in a cleared form, which is operated by CHAPS Clearing Company Ltd (and a “CHAPS Payment” is any payment made or sent through CHAPS);
    • "Cleared Funds" means any payment made by a Buyer by direct electronic transfer to the relevant bank account nominated by TAW and made via CHAPS;
    • "Current Bid" means, at any time before a higher Bid is placed, any Bid for a Lot which is, at that time, the highest Bid for that Lot;
    • "Encumbrance" means any third party interest of any nature including (without limitation) any mortgage, charge, pledge, lien, security interest, title restriction, retention or security agreement, any agreement/arrangement to create any of the same, and any other form of encumbrance;
    • "Entry Form" means the form to be completed by a Seller which sets out all the information required by TAW regarding the Seller and the Vehicle(s) that the Seller is seeking to sell by Auction;
    • "Lot" means, in relation to any Vehicle, the particular designation (by number) given to that Vehicle for the purposes of an Auction (and the Auction Rules);
    • "Registered User" means any Buyer or Seller who has registered to use the Website and the Services in accordance with these Terms and Conditions;
    • "Reserve Price" means the amount, exclusive of any Buyer’s Premium that is payable to TAW in addition to the amount of any Successful Bid, which is designated by a Seller as the price below which a Bid cannot be (or become) a Successful Bid;
    • "Seller" means any Registered User acting in his capacity as a potential, prospective or actual seller of any Vehicle(s) by Auction through this Website;
    • "Services" means those auction (and other) services provided (or intended to be provided) to Registered Users (whether Buyers or Sellers) through this Website;
    • "Successful Bid" means any Bid made by a Buyer which exceeds (i) any applicable Reserve Price in respect of a Vehicle and (ii) any and all other Bids made in respect of that Vehicle, and which leads to such Buyer becoming a Successful Bidder in relation to that Vehicle;
    • "Successful Bidder" means any person or company making a Successful Bid and who therefore becomes the purchaser of the Vehicle comprised in the relevant Lot, subject only to TAW confirming by email, to the email address provided by the relevant person or company, that it has made a Successful Bid in relation to that Vehicle;
    • "TAW" means Truck Auction World Limited, a private limited company registered in England and Wales under company number 7277490 whose registered office is at Fourth Floor, 2-4 Great Eastern Street, London EC2A 3NT;
    • "Unsuccessful Bid" means any Bid by any Registered User at any Auction which is lower than the Successful Bid in that Auction (and an “Unsuccessful Bidder” is any Registered User who makes an Unsuccessful Bid);
    • "VAT" means Valued Added Tax, as defined in the Value Added Tax Act 1994 and legislation supplemental thereto and/or in any primary or secondary legislation promulgated by the European Union or any official body or agency thereof and any tax that is similar or equivalent thereto imposed in any country (and any similar or turnover tax which replaces, or is introduced in addition to, any of the same from time to time);
    • "Vehicle" means any commercial vehicle which is intended to be comprised or included within a Lot for the purposes of an Auction (and includes, without limitation, any vehicle excise licence associated with or relating to such a vehicle); and
    • "Working Day" means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or a statutory Bank Holiday.
  • 3. Your Use of the Website
    • 3.1 Only Registered Users may use this Website and they must do so in accordance with these Terms and Conditions and any other procedures that TAW may notify to Registered Users from time to time. All Registered Users agree to strictly abide by, and that they are irrevocably bound by, these Terms and Conditions.
    • 3.2 In order to use this Website and the Services, prospective Buyers and/or Sellers must first register with TAW by completing a registration form and providing certain specified information to TAW. When TAW has notified a prospective Buyer and/or Seller that their registration form (and the other information that they have provided to TAW) has been approved, such person will become a Registered User. Registered Users undertake that all information provided to TAW for the purposes of registration is (and will be kept) current, complete and accurate.
    • 3.4 When you log-in to this Website, you must validly enter the username, password and log-in details which are provided to you following your successful registration as a Registered User. TAW accepts no liability or responsibility to any Registered User who fails so to do. You are also responsible, in all respects, for your use of, and for protecting the confidentiality of, your username, password and log-in details. You must not transfer your username, password and log-in details to any other person without TAW’s prior written consent, and you agree to notify TAW in writing immediately of any unauthorised disclosure or use of your (or any other Registered User’s) username, password and log-in details, and of any other breach of security relating to any of the Services and/or any part of this Website.
    • 3.5 You hereby unconditionally and irrevocably accept sole responsibility for the legality and validity of your actions as a user of this Website and the Services under all applicable laws applying to you (at any time and from time to time). TAW reserves the right to suspend or terminate any Registered User’s registration for any reason, at its sole discretion, and to prohibit any Registered User from using any of the Services and/or this Website.
    • 3.6 TAW is not a party to, or liable in respect of, any Bid, contract, agreement or transaction between any Buyer and any Seller involving any Vehicle(s) (or otherwise) – the Website is simply a forum, operated and managed by TAW, for prospective Sellers to list Vehicles and for prospective Buyers to submit Bids for those Vehicles during Auctions, subject to the relevant payment(s) being processed by TAW. You agree that (i) you will not hold TAW responsible or liable for any action(s) or inaction of any Buyer or Seller who is involved in any transaction(s) relating to any Vehicle(s) or for ensuring that any such Buyer or (as the case may be) Seller actually completes the relevant transaction and (ii) you will not seek to name TAW as a party in any related legal process or proceedings. If you are in dispute with any Registered User(s), you unconditionally and irrevocably release TAW and each of its directors, employees and agents from any and all demands or claims of any kind, known or unknown, suspected or unsuspected, or disclosed and undisclosed, in any way connected with any such dispute.
    • 3.7 If TAW is named in any legal proceedings brought against you by a Buyer or (as the case may be) Seller in connection with your action(s) or inaction during any transaction involving any Vehicle(s) and/or this Website, you irrevocably and unconditionally agree (a) to indemnify TAW and each of its directors, employees and agents, in full and on demand, from and against any and all losses, liabilities, costs and/or expenses that TAW suffers or incurs in defending (or otherwise participating in) any such legal proceedings and (b) if appropriate, to seek the recovery of all such costs and/or expenses from the other parties to such legal proceedings (excluding TAW).
    • 3.8 If you indicate your acceptance of these Terms and Conditions on behalf of any company, partnership or other legal entity, you represent and warrant that you have the necessary authority to bind that legal entity to comply with these Terms and Conditions.
    • 3.9 For the avoidance of doubt, no minor (in any jurisdiction), nor any individual or entity without the requisite legal capacity or with whom TAW has previously declined to deal, or who has been suspended from using the Services and/or the Website, may use any of the Services or any part of this Website at any time.
    • 3.10 TAW will use its reasonable endeavours to ensure that this Website, and any software capable of being downloaded from it and/or which is otherwise available on (or through) it, is kept free from the most-commonly known viruses or defects. However, no warranty or undertaking to that effect is given by TAW and each user accesses this Website (and any such software) entirely at its own risk. You agree you will not use any automatic device or manual process to monitor or copy any of TAW’s web-pages. You further agree that you will not (i) use any device, software or routine to interfere, or to attempt to interfere, with the proper working of this Website or (ii) take any action that imposes any unreasonably or disproportionately large load on TAW's IT infrastructure. TAW will use reasonable endeavours to make its Services and this Website available at all times. However, TAW is not responsible for any service interruptions (including, but not limited to, interruptions that may affect the receipt, processing and/or acceptance of Bids and/or any other aspect of an Auction or the Services generally).
    • 3.11 Whenever you make use of any feature that allows you to upload material to this Website, or to make contact with any other users of this Website, you must comply with the content standards stipulated by TAW from time to time. In any event, any material that you may choose upload to this Website from time to time will be considered non-confidential and non-proprietary, and TAW will have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, and/or of their right to privacy. We will not be responsible, or liable, to any third party, for the content or accuracy of any material posted to this Website by you, or any other user, of this Website.
    • 3.12 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible (and liable to TAW) for ensuring that all persons who access this Website through your internet connection are aware of, and strictly comply with, these Terms and Conditions, and that they strictly comply with them. You may link to our home page, provided that you do so in a way that is fair and legal and does not damage TAW’s reputation or take advantage of (or exploit) it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of TAW where none exists. In any event, you must not establish any link to this Website from any website that is not owned by you.
  • 4. Listing a Vehicle for Auction
    • 4.1 Each Seller is required to complete and submit an Entry Form to TAW specifying all of the required details in respect of a Vehicle. Once an Entry Form has been completed and submitted to TAW, a TAW employee or agent may attend the Seller’s premises to inspect and photograph the Vehicle in readiness for the Auction.
    • 4.2 Only when all the relevant and required information has been obtained by TAW, regarding a Vehicle, may a Seller list that Vehicle for Auction. TAW may, at its sole discretion, request any information regarding the Vehicle in order to verify that it can be sold at Auction. If TAW is not satisfied with the information provided by a Seller in respect of any Vehicle, at TAW’s sole discretion, that Vehicle may not be listed for Auction.
    • 4.3 Once a Vehicle has been accepted and listed for Auction, TAW will advertise and market the Vehicle on this Website and/or by using other methods which may include (without limitation) other internet advertising, telephone marketing, offline advertising and direct mail campaigns. Any reference on this Website to the age of a Vehicle is a reference to the year of first registration of the Vehicle in the UK (if the Vehicle is so registered).
    • 4.5 TAW will use its reasonable endeavours to ensure the accuracy of the information that is available regarding each Vehicle that it lists/markets on this Website. However, TAW has no control over any inaccurate, incomplete, misleading or deceptive information which may be provided by a Seller and made available to Buyers through this Website from time to time, nor does TAW have any control over the quality, condition, safety or legality of any Vehicle that is listed/marketed on this Website from time to time. If you find any information, that has been provided to TAW by another Registered User, to be incomplete, inaccurate, misleading and/or deceptive, please contact TAW at enquires@truckauctionworld.com.
    • 4.6 Consideration should always be given to the nature of Internet transactions and the risks involved and, in any event, please ensure that you use caution and common sense at all times when using this Website. TAW lists (and markets) each Vehicle available for sale through this Website as an agent of the relevant Seller and has no responsibility or liability for any act or default of that Seller and/or any prospective or actual Buyer.
    • 4.7 From time to time, there may be instances where a Vehicle is listed for Auction on the basis that it is exported on sale. This will be made in clear in the relevant Lot information (as prepared by TAW). In any such case, the Successful Bidder is required to export the Vehicle immediately following the completion of the relevant Auction.
  • 5. Conduct of Auctions
    • 5.1 TAW conducts each Auction through this Website only, and with a view to completing the sale and purchase of the relevant Vehicle(s). Each Auction is conducted in accordance with these Terms and Conditions.
    • 5.2 Each Seller is entitled, prior to the start of any Auction, to place a disclosed or undisclosed Reserve Price on any Lot or Vehicle that forms part of the Auction. Any such Reserve Price, once placed by the Seller, may not be changed without the prior consent of the Seller and TAW.
    • 5.3 Any Bid may only be made on the basis that it exceeds the Current Bid by such amount or proportion as TAW (in its sole discretion) directs. TAW has the right, at its sole discretion and without giving any reason, to cancel or reject any Bid, to divide any Lot(s), to combine any two or more Lots, to withdraw any Lot(s) or Vehicle(s) from an Auction and (in the case of any dispute) to put up any Lot(s) or Vehicle(s) for auction again. Your placing of a Bid entitles TAW and any Seller to rely on your Bid and, as a result, you warrant and undertake that you have the legal right to make such a Bid and, if you are the Successful Bidder, to acquire the relevant Vehicle(s) or Lot(s).
    • 5.4 A Seller may withdraw a Lot (in whole, but not in part) from an Auction by written notice to TAW in accordance with the Auction Rules, or in such other manner as TAW may prescribe from time to time, no later than two (2) clear Working Days (i.e. exclusive of the day of notification) before the relevant Auction. However, where a Seller withdraws any Lot(s) from an Auction, TAW reserves the right (at its sole discretion) to charge a fee of £200.00 (plus VAT), per withdrawn Lot or Vehicle, which is payable by the Seller as a contribution towards TAW’s costs.
    • 5.5 TAW may, at any time prior to the placing of a Successful Bid in respect thereof (i) amend, or correct any error(s) in, the description of any Vehicle(s) or Lot(s) on this Website and/or (ii) withdraw or suspend from sale any Vehicle(s) or Lot(s) that are listed, exhibited or marketed on or through this Website. TAW also reserves the right to postpone or cancel any Auction, at its own discretion, without notice to you (and TAW will have no liability or responsibility to any prospective Buyer(s) or Seller(s) as a result of any such postponed or cancelled Auction).
    • 5.6 Any Buyer may Bid for any Lot(s) at any Auction. A Buyer Bids at its own risk and, to the maximum extent permitted by law, TAW accepts no responsibility/liability for any errors relating to any Lot(s) or Vehicle(s), or to any statements made by or on behalf of any Seller relating to any such Lot(s) or Vehicle(s), whether in respect of age, condition, origin, previous history, mileage or any other information, which statements are to be treated by each prospective Buyer (and the Successful Bidder) as opinions of the Seller and not warranties or statements of material fact. No Bid may be withdrawn after submission, and the Successful Bidder will be contractually obliged to complete the purchase of the Vehicle(s) comprised in the relevant Lot if his Bid is the Successful Bid (unless the transaction in question is, or would be, prohibited by law and/or by these Terms and Conditions).
    • 5.7 Any Bid for any Vehicle(s) comprised within a particular Lot may only be made within the period of time indicated by TAW, either in respect of the Lot in question or in respect of the Auction as a whole. No Bid made by a Buyer outside such period of time will be recognized, for any purpose, as a valid or effective Bid. The period of each Auction shall be determined by TAW (at its sole discretion) and specified on this Website.
    • 5.8 Sale price manipulation of any kind, whether directly or indirectly and whether by any Buyer(s) and/or any Seller(s), is expressly prohibited, including (but not limited to) bidding through a secondary account, alias or agent on any Vehicle(s) or Lot(s) that you are selling, by communicating with any other Buyers and/or Sellers, or by “shill bidding”. TAW reserves the right to reject/void any Bid, whether it is (or might be) a Successful Bid or not, if it reasonably believes that Bid has not been made in good faith, is intended to manipulate the sale price of the relevant Vehicle(s) or Lot (or the Auction process generally) or is prohibited by any applicable law(s).
    • 5.9 Each Vehicle is sold “as is” and “as available” with all faults, imperfections and errors of description. Buyers should note that carefully reviewing all the available images of a Vehicle on this Website can sometimes allow for a broader assessment of that Vehicle’s condition than reading a short written comment. However, no pictures, photographs, illustrations or other images of Vehicles on this Website are to be taken or treated as an accurate reflection or reproduction of the state and/or condition of the relevant Vehicle, and (as such) should not be relied upon for any particular purpose or reason. Moreover, whilst TAW makes every effort to accurately describe each Vehicle using common terms, different Vehicles and their constituent parts can be known by different terms in different locations and, as such, TAW is not liable or responsible for any misinterpretation or oversight by any Buyer in relation to the description of any Vehicle. Each Buyer should satisfy itself as to the quality and condition of each Vehicle, and exercise and rely on its own skill and judgment as to whether the Vehicle accords with its Lot description. Neither TAW nor any of its directors, employees or agents are responsible or liable for any error of description nor for the genuineness or authenticity (or otherwise) of any Vehicle(s) or Lot(s) and no warranty, representation or undertaking (of any sort) is made or given by TAW, or any of its directors, employees or agents, to any Buyer (or Seller) in respect of any Vehicle or Lot. Any such warranty, representation or undertaking which would otherwise be implied is hereby excluded to the maximum extent permitted by law.
    • 5.10 To become a TAW-authorised Buyer, in advance of making any Bid in any Auction, TAW requires all prospective Buyers from outside Europe to send a £1,000 security deposit in order to receive Auction-bidding privileges. If any such prospective Buyer does not make a Successful Bid in the ensuing Auction, the £1,000 security deposit paid to TAW will remain with TAW as long as the prospective Buyer wishes to retain Auction-bidding privileges. Any such prospective Buyer may request the return of its security deposit by TAW at any time, by giving TAW written notice, in which case the security deposit will be refunded to the same person/company who sent the original deposit to TAW. If such a Buyer is to export any Vehicle(s) in respect of which it submits a Successful Bid in an Auction, the Vehicle(s) should be exported immediately after the completion of the relevant Auction and the port of export and foreign delivery address should be supplied to TAW in advance (and, in such circumstances, TAW will only refund the security deposit on receipt of a true and complete copy of the correct/valid export documentation (e.g. the relevant bill of lading)).
  • 6. Sales of Vehicles/Lots
    • 6.1 The Successful Bid shall be such Successful Bid as stands at the end of the Auction for the Lot in question and an email notification will be sent by TAW to the Successful Bidder, confirming that it has made (and confirming the amount of) the Successful Bid and the premises from which the relevant Lot can be collected by the Successful Bidder (subject to its compliance with these Terms and Conditions), and will include (as an attachment) a pro-forma invoice setting out (i) the amount of the Successful Bid and (ii) the amount of the Buyer’s Premium that is due and payable to TAW. If TAW determines that you have placed a Successful Bid, you are contractually obliged to complete the transaction with the Seller in accordance with these Terms and Conditions unless the transaction is, or would be, prohibited by law and/or by these Terms and Conditions. You agree that bidding on this Website is the legal equivalent of making an irrevocable and unconditional offer for the Lot in question, and you acknowledge that TAW and/or the Seller may have the right to compel you to complete the purchase of any such Lot. TAW is solely responsible for determining who has placed a Successful Bid in respect of any Lot, but will not be liable for any errors or omissions relating to, or arising as a result of, such determination.
    • 6.2 Each Seller represents, warrants and undertakes to TAW and to the Successful Bidder that it is the true legal, beneficial and registered owner of the relevant Vehicle(s) (or that it is otherwise duly authorised to sell the relevant Vehicle(s) to the Successful Bidder by the true legal, beneficial and registered owner thereof) and that it is therefore able to transfer good and marketable title to those Vehicle(s) free from any and all claims or rights of any third party. The Seller irrevocably and unconditionally agrees to indemnify TAW, and each of its directors, employees and agents, and the Successful Bidder, in full and on demand, from and against any and all liabilities, losses (including, but not limited to, consequential and/or economic losses), damages, costs and/or expenses which are suffered or incurred (or which might otherwise be suffered or incurred) by any of them in connection with any breach of the representations, warranties and undertakings given by the Seller in this Clause 6.2.
    • 6.3 Sellers are solely responsible for listing for Auction, and selling, Vehicles which are free from any and all Encumbrances, unless expressly agreed otherwise with TAW. Notwithstanding the foregoing, TAW reserves the right to carry out any search/investigation in respect of any Vehicle, and/or the relevant Seller, in order to verify the title of the Seller to the relevant Vehicle (or for any other reason). If the Seller fails to remove any Encumbrance affecting any Vehicle sold by it, or otherwise fails to comply with any of these Terms and Conditions, TAW may, at its sole discretion and if it able to do so (and with the Seller’s express authority), remove such Encumbrance using the amount of the Successful Bid received from the Successful Bidder, or refund to the Successful Bidder a portion or all of the amount of the Successful Bid (whilst retaining the amount of the Buyer’s Commission) and/or to cancel the transaction. The Seller shall pay to TAW (and indemnify TAW from and against), in full and on demand, all costs, expenses and fees incurred in connection with the removal of any such Encumbrance. In any event, no such payment or action by TAW will (or will be deemed to) waive any breach by the Seller, or otherwise relieve the Seller, of any of its obligations under these Terms and Conditions.
    • 6.4 The legal and beneficial ownership of any Vehicle(s) comprised in a Lot will not pass to the Successful Bidder unless and until payment in full has been made to TAW’s nominated bank account, by CHAPS and in Cleared Funds, of (i) the amount of the Successful Bid and (ii) the amount of the Buyer’s Premium, and unless and until TAW has remitted the amount of the Successful Bid to the Seller’s nominated bank account pursuant to Clause 6.5 below and such amount has been received by the Seller in cleared funds. It is the Successful Bidder’s obligation to pay all sums due and payable to TAW, under this Clause 6.4, within two (2) clear Working Days of the day (or, if applicable, the last day) of the Auction. Where required by law, VAT is payable by the Successful Bidder (at the applicable rate from time to time) in addition to (i) the amount of the Successful Bid and (ii) the amount of the Buyer’s Premium.
    • 6.5 The Seller and the Buyer hereby authorise TAW to retain the amount of the Buyer’s Premium (plus any VAT chargeable thereon) from the monies that are received by TAW from the Successful Bidder in respect of the Successful Bid. TAW shall remit the amount of the Successful Bid to the Seller within twenty-four (24) hours of receipt of the relevant aggregate amount (including the Buyer’s Premium) from the Successful Bidder pursuant to Clause 6.4. Remittance to the Seller shall be by BACS Payment to the Seller’s nominated bank account, details of which should be included in the Seller’s registration as a Registered User. Remittance in that manner to such bank account shall be a full and sufficient discharge of TAW’s obligations to account to the Seller for the amount of the Successful Bid. For the avoidance of doubt, TAW will have no liability to pay any amount to the Seller if the Successful Bidder fails to comply with the provisions of Clause 6.4 above.
    • 6.6 The Successful Bidder shall, at its own expense, inspect and collect the Vehicle(s) stated in the relevant Lot(s) that the Successful Bidder has purchased, from the premises notified by TAW to the Successful Bidder (as described in Clause 6.1), within fifteen (15) clear Working Days after the day (or, if applicable, after the last day) of the Auction but not within the first seven (7) clear Working Days after the day (or, if applicable, after the last day) of the Auction, unless (i) otherwise confirmed in writing by the Seller to TAW (in which case TAW will notify the Successful Bidder accordingly) or (ii) the Successful Bidder has failed to comply with its payment obligations under Clause 6.4, in which case TAW will instruct the Seller not to release the relevant Vehicle(s) to the Successful Bidder. The Successful Bidder is responsible for any and all removal, transportation, storage and/or insurance charges that arise (from time to time) in respect of any Vehicle that is not collected by the Successful Bidder in accordance with the provisions of this Clause 6.6. For the avoidance of any doubt, the Seller shall not be obliged to release any Vehicle to the Successful Bidder unless and until it has received the amount of the Successful Bid for such Vehicle from TAW, in full and in cleared funds, pursuant to Clause 6.5.
    • 6.7 The Successful Bidder will be responsible for any loss of, or damage to, the Vehicle(s), comprising any Lot(s) in respect of which it is the Successful Bidder, from the time of collection or the expiry of fifteen (15) clear Working Days from the day (or, if applicable, the last day) of the Auction, whichever is the earlier. Neither TAW nor any of its directors, employees or agents will be responsible for any loss of, or damage (of any kind) to, any Vehicle(s) comprising or included within any Lot(s), whether any such loss or damage is caused by the negligence of any party or otherwise.
    • 6.8 Title to, and risk in, any Vehicle shall remain with the Seller (and not TAW, the Successful Bidder nor any other Buyer or party) until the Vehicle is collected by the Successful Bidder pursuant to Clause 6.6 above, at which point, provided that it has complied with its payment obligations under Clause 6.4, title and risk in such Vehicle shall pass to the Successful Bidder.
    • 6.9 The Successful Bidder is responsible for complying with all legal requirements as to the transportation, construction and/or use of the relevant Vehicle(s) and for obtaining any and all licenses, certificates, permits and other authorisations that are required before the relevant Vehicle(s) can be used on any road, or for any other purpose, and also for insuring the relevant Vehicle(s). If any Vehicle is to be exported by (or on behalf of) the Successful Bidder, the Successful Bidder is advised to have all relevant export licences, certificates and permits issued and completed prior to transporting and exporting the relevant Vehicle, otherwise, the Successful Bidder may be subject to clearing, permit and/or other payments (and/or delays in transporting or exporting the Vehicle) if the relevant Vehicle is stopped and held at a port of entry to any country, state or province.
  • 7. Remedies available to TAW
    • 7.1 If any Lot is not paid for in full and/or any Vehicle comprised in it is not taken away in accordance with the provisions of Clause 6, or if there is any other breach of any of these Terms and Conditions, TAW (acting as agent for the Seller) will have the right, but not the obligation, at its sole discretion and without prejudice to any other rights or remedies of TAW and/or the Seller, to exercise one or more of the following rights/remedies:
      • 7.1.1 to institute legal proceedings against the Successful Bidder for damages for breach of contract;
      • 7.1.2 to rescind the sale of the relevant Vehicle(s) and to re-sell the relevant Lot(s) by Auction, or cause it or them to be re-sold by Auction, either to an Unsuccessful Bidder for that Lot in the same Auction, at a price that is no lower than the amount of its Unsuccessful Bid, or in another (separate) Auction or otherwise by public auction or private sale (in which case the defaulting Successful Bidder will be obliged and liable to pay to TAW any resulting balance due in respect of the amount of its Successful Bid and/or the amount of the Buyer’s Premium that is due to TAW in respect thereof (after the deduction of any part-payment made by the Successful Bidder and the addition of any re-sale costs incurred by TAW));
      • 7.1.3 at the expense of the defaulting Successful Bidder, to collect from the Seller, and store at the premises of TAW’s own choosing (and, if appropriate, to insure), the relevant Vehicle(s) comprised within the Lot;
      • 7.1.4 to charge interest at a rate not exceeding five per cent (5%) per annum on the aggregate of (i) the amount of the Successful Bid and (ii) the amount of the Buyer’s Premium, to the extent that such aggregate sum remains unpaid more than five (5) clear Working Days after the day (or, if applicable, the last day) of the Auction;
      • 7.1.5 to retain the relevant Vehicle(s), and/or any other Vehicle(s) sold to the same Successful Bidder at the same, or any other, Auction and to release the same to the Seller only after payment in full of the aggregate of (i) the amount of the Successful Bid (ii) the amount of the Buyer’s Premium and (iii) any accrued interest due and payable under Clause 7.1.4, in each case, in respect of each such Vehicle;
      • 7.1.6 to reject or ignore any Bids made by or on behalf of the defaulting Successful Bidder at any future Auction and/or to require a deposit or other acceptable security before (and as a condition of) accepting any Bids from the defaulting Successful Bidder at any time in future;
      • 7.1.7 to apply any sale proceeds which are then due, or which at any time thereafter become due, to the defaulting Successful Bidder (in its capacity as a Seller) towards settlement of the aggregate of (i) the amount of the Successful Bid (ii) the amount of the Buyer's Premium and (iii) any accrued interest due and payable under Clause 7.1.4, and/or to exercise a lien on any property of the defaulting Successful Bidder which is in TAW's possession (or under its control) from time to time and for any purpose; or
      • 7.1.8 to cancel the defaulting Successful Bidder's registration as a Registered User.
    • 7.2 In all such cases, the relevant Vehicles/Lots shall remain, at all times, at the risk of either the Seller or the defaulting Successful Bidder (as the case may be) and neither TAW nor any of its directors, employees or agents will be responsible or liable for any loss or damage to such Vehicles/Lots (caused by negligence or otherwise).
  • 8. TAW'S LIABILITY
    • 8.1 Notwithstanding any other provision of these Terms and Conditions, TAW accepts no (and, to the maximum extent permitted by law, hereby disclaims any and all) liability or responsibility to any Successful Bidder or other Registered User arising out of (or in connection with) the purchase of any Vehicle(s) or Lot(s) including, without limitation, for any consequential, indirect, special and/or economic loss or damage (including, without limitation, any loss of revenue, data, profit, contracts, business, management time or anticipated earnings), the cost of obtaining any similar or substitute Vehicle from anyone else or any loss of goodwill or reputation, whether caused by any tort (including negligence), breach of contract or otherwise, and in each case whether or not such loss or damage was in the contemplation of the parties when the relevant Registered User accepted these Terms and Conditions. In particular, but without limiting the scope or generality of this Clause 8.1, TAW offers no title or quality guarantee(s), or any warranties as to title, ownership, condition, merchantability, compliance with (and/or non-infringement of) applicable laws, fitness for purpose or user/Buyer requirements and/or general or specific quality, in respect of any Vehicle(s) or Lot(s), or any part thereof, or any of the Services (and any such warranties that may be implied by law, statute and/or in equity are hereby excluded to the maximum extent permitted by law). TAW acts solely as an agent for each Seller, and not as a principal of any such Seller (or any other party). If you are dissatisfied with any Vehicle(s) or any of the Services, your sole remedy is to stop using this Website and the related Services provided by TAW.
    • 8.2 To the maximum extent permitted by law, no advice or information (whether oral or written) obtained by you directly from TAW, or indirectly through TAW’s provision of any of the Services, will create or imply any warranty that is not expressly given in these Terms and Conditions, and TAW hereby disclaims any implied endorsement or warranty of any Vehicle that is sold on or through this Website, and any liability or responsibility for any mis-statements, misrepresentations or any other breach(es) of these Terms and Conditions committed by any user of this Website from time to time. Commentary and other material posted on the Website is not intended to amount to advice on which any reliance should be placed, and TAW therefore disclaims any and all liability and responsibility arising from any reliance that is placed on any such material by any visitor to (or other user of) this Website. In any event, and notwithstanding any other provision(s) set out in these Terms and Conditions, TAW will only be liable (whether for breach of contract, in tort and/or for breach of statutory duty) to any Registered User for a maximum sum that is equal to the amount of any Successful Bid for the relevant Vehicle.
    • 8.3 This Clause 8 shall not operate so as to limit or exclude any liability of TAW for (i) fraud or fraudulent misrepresentation or (ii) the death of, or any personal injury to, any person or persons which is attributable to any negligence on the part of TAW and/or any of its directors, employees or agents.
    • 8.4 Without limiting the scope or generality of Clause 8.1, TAW will have no liability or responsibility to any Registered User directly or indirectly as a result of any event, matter or circumstances beyond TAW‘s reasonable control including (without limitation) if the conduct of an Auction and/or access to this Website is interrupted due to any event, matter or circumstances beyond TAW’s reasonable control.
  • 9. Notices
    • 9.1 Any notice to be delivered to, given to or served on TAW under these Terms and Conditions, or for any other reason, must be in writing and in the English language and will only be capable of being validly delivered, given or served by personal delivery to, or by sending the same by Recorded Delivery Post to, the registered office of TAW from time to time or to such other address as TAW may from time to time notify as its address for receipt and service of such notices. Any such notice shall be deemed to have been received (i) if delivered, given or served personally, at the time of service or (ii) if delivered, given or served by Recorded Delivery Post, at the time of actual delivery (as evidenced by the relevant Certificate of Delivery). For the avoidance of any doubt, service of notices on TAW may not be successfully effected by e-mail.
    • 9.2 Any notice to be delivered, given or served by TAW to any Registered User may be delivered, given or served by any method of service permitted by law (including, without limitation, service by e-mail to the Registered User’s email address held in TAW’s records) and such delivery or service shall be deemed effective on receipt or (in the case of a notice posted (or sent by e-mail) on the expiration of twenty four (24) hours from posting (or in the case of e-mail, successful transmission) whether or not the notice is actually received by the relevant Registered User.
  • 10. General
    • 10.1 Changes/updates to this Website: TAW may, at any time, to the maximum extent permitted by law, delete, modify or supplement the content of this Website without prior notice to you. TAW also reserves the right, for any reason and at its sole discretion, to terminate, change, suspend or discontinue any element or aspect of this Website and/or any of the Services, including (but not limited to) the content, features, functionality and/or hours of availability. TAW may also impose limits on certain features or aspects of the Services or restrict your access to part or all of this Website and/or the Services without any notice, liability or penalty. You agree that TAW has the right, but not the obligation, to monitor at any time, for any reason and at its sole discretion, any and all material and content on this Website and to edit, disclose or refuse to post any material or information to (and to remove any material or information from) this Website. TAW aims to update this Website regularly but any material/information present on this Website may be out of date at any given time, and TAW is under no obligation to update any such material/information
    • 10.2 Third Party Rights: no person, other than a Registered User, has the right to enforce any provision of any of these Terms and Conditions against TAW (under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
    • 10.3 Use of Information: subject to the applicable statutory provisions and the terms of our own Privacy Statement, TAW may make use of information that is supplied to it by any Registered User for its own purposes but may not (save as required by law or otherwise without lawful excuse) disclose any such information to any third party, other than (in the case of a Seller) the Successful Bidder or (in the case of the Successful Bidder) the Seller, without (in each case) the prior consent of the Registered User, and provided that, to the extent that this Website contains links to other/third party websites which may be accessed by any Buyer and/or Seller, and should a Buyer and/or Seller do so, then TAW is at liberty to pass information relating to that Buyer and/or Seller to the owner or provider of any such third party website on receipt of a reasonable request from such owner/provider.
    • 10.4 Joint and Several Liability: where the Buyer and/or the Seller consists of more than one person, the liability of each such person under these Terms and Conditions shall be joint and several.
    • 10.5 Intellectual Property: the trademarks, trade names, designs and all other material contained on this Website, including (without limitation) all parts and elements of the Website’s content, site design, text and graphics, and all intellectual property rights thereto or arising in respect thereof, are the sole and exclusive property of TAW (or its relevant licensors) and all rights therein are hereby fully reserved. The use of any such intellectual property for any other reason, or on any other website, or the modification, distribution or republication of any such intellectual property without the prior written permission of TAW, is strictly prohibited. You may print off one copy, and you may download extracts, of any page(s) from this Website for your personal reference and you may draw the attention of others within your company, firm or organisation to any material(s) posted on this Website. You must not modify the paper or digital copies of any materials you have printed off r downloaded from this Website, and you must not use any illustrations, photographs, video or audio sequences, or use any graphics separately from any accompanying text. TAW’s status (and that of any identified contributors) as the author(s) of the material on this Website must always be acknowledged. You must not use any of the materials on this Website for any commercial purpose(s) without first obtaining a licence to do so from TAW. If you print off, copy or download any information or material from this Website in breach of any of these Terms and Conditions, your right to use the Website will cease immediately and you must, at TAW’s option, return or destroy any and all copies of the information or material that you have made.
    • 10.6 Third Party Websites: this Website may contain links to third party websites. Your use of such third party websites is subject to the terms and conditions of use set out on each of those websites. Access to, and use of, any other site through this Website is at your own risk and TAW is not responsible or liable for, nor does it make any warranties or representations in respect of, the accuracy of any information, data, opinions or statements made on any such third party website or the security of any link or communication with any such third party website. TAW reserves the right to terminate any link to any such third party site at any time. The fact that TAW provides a link to any such third party website does not mean that TAW endorses or sponsors that third party website, nor does it mean that TAW is affiliated with that third party website, or any of its owner(s) or sponsors. TAW provides such links as a convenience for those who use this Website and is not liable for any loss, damage or liability arising from the use of any such third party website by any user of this Website.
    • 10.7 Invalidity and Severability: if any provision of these Terms and Conditions is held, by any court of competent jurisdiction, to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible by law so as to effect the full intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The failure by either you or TAW to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of any such right or provision.
    • 10.8 Entire Agreement: these Terms and Conditions set out the entire understanding between TAW and all Registered Users, Sellers, Buyers, Successful Bidders and other users of this Website with respect to the use of this Website and supersede all prior agreements or arrangements regarding such subject matter. No other terms or conditions, whether express or implied, shall apply to the use of this Website unless specifically incorporated into these Terms and Conditions by reference.
    • 10.9 Governing Law: the laws of England and Wales shall apply to these Terms and Conditions, and to any contract or agreement that is brought into existence or concluded between any Successful Bidder and any Seller in relation to the sale/purchase of any Vehicle(s) and/or Lot(s). As such, any dispute arising in respect thereof shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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