Terms and conditions of use of the website
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means BCA Europe; "Website" means the website located at http://www.bca-europe.com/ or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your session and to identify your computer; "United Kingdom" means England, Wales, Scotland and Northern Ireland and "You" means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or using our website contact form. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what BCA Europe and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The registered company address of BCA Europe is:
Conditions of entry and sale
- ALL ENTRIES OF VEHICLES FOR SALE AND ALL PURCHASES ARE SUBJECT TO THESE CONDITIONS OF ENTRY AND SALE.
- ALL BUYERS AND SELLERS AGREE THAT THESE CONDITIONS ARE BINDING UPON THEM.
- YOU ARE STRONGLY URGED TO READ THESE CONDITIONS BEFORE SELLING, BIDDING OR BUYING.
- COPIES OF THESE CONDITIONS WILL BE SUPPLIED ON REQUEST, FREE OF CHARGE. YOUR ATTENTION IS SPECIFICALLY DRAWN TO CONDITION 14 (UNROADWORTHY VEHICLES).
- YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE TIME LIMITS IMPOSED BY CONDITIONS 15 and 16. BUYERS HAVE CERTAIN RIGHTS WHICH CAN BE EXERCISED ONLY WITHIN THOSE TIME LIMITS.
- DEFINITIONS AND INTERPRETATION
- “Auctioneer” means any employee or agent of BCA who at the relevant time has the conduct of an auction from the rostrum.
- “Accredited Exchequer Scheme Dealer” has the meaning set out in Condition 29D herein.
- “BCA” means British Car Auctions Limited or any other company in the British Car Auction Group which at the relevant time and place has the conduct of an auction.
- “Branch Manager” means the employee of BCA who is in charge of the auction premises at the relevant time.
- “Buyer” shall mean the maker of the highest bid accepted by the auctioneer whether on the fall of the hammer or by private treaty sale.
- “Engineer” means any person nominated by the branch manager for the purpose of inspecting vehicles.
- “Engineer’s report” means a document, affixed to a vehicle before it is auctioned, summarising the findings of an engineer commissioned by a seller under Condition 16 herein to report on the vehicle.
- “Entry form” means the form provided by BCA to prospective sellers.
- “Fleet seller” means any seller who has a subsisting Fleet Sales Agreement with BCA.
- “Price” shall mean the highest bid accepted by the Auctioneer including any VAT that may be included therein.
- “Seller” includes any prospective seller save where the context otherwise requires.
- “Vehicle” includes every kind of motor car, motor cycle and motorised caravan and every kind of commercial, agricultural and other self-propelled vehicle and mechanical and electrical plant and equipment.
- The age of a vehicle shall be calculated by reference to the year in which the vehicle was first registered in the United Kingdom. Every reference herein, in any entry form or other document or by the auctioneer to “the age” of a vehicle shall be construed accordingly.
- The parties agree that in adjudging the accuracy of the description “no major mechanical defects” the age and, if warranted by the seller, the mileage of the vehicle shall be taken into account.
- The headings to numbered Conditions do not form part of the Conditions.
- ACCEPTANCE OF VEHICLES INTO THE AUCTION
- BCA shall not be deemed to have accepted a vehicle into the auction unless and until the seller has delivered to BCA and BCA has accepted:-
- the vehicle;
- the vehicle registration document (Form V5) or any official substitute for that document;
- any subsisting test or plating or other certificate relating to the vehicle;
- the keys of the vehicle;
- the entry fee;
- an entry form fully completed and signed by the seller.
- BCA shall be entitled to accept a vehicle into the auction notwithstanding the seller's failure to deliver any one or more of the foregoing or to complete an entry form.
- BCA shall be entitled absolutely to refuse to accept delivery of anything referred to at A herein.
- ENTRY FORMS: FLEET SELLERS
- BCA may agree with a fleet seller that BCA will complete all or part of an entry form or forms on behalf of the fleet seller but no such agreement shall be implied by reason only of the fact that one or more vehicles has been accepted into the auction without an entry form or with an incomplete entry form.
- When there is an agreement as aforesaid then save to the extent that the seller has instructed BCA to the contrary either generally or in respect of any particular vehicle BCA shall complete each entry form on the basis that:
- the seller has the absolute right to sell the unencumbered legal and beneficial interest in the vehicle;
- the vehicle has not been treated by an insurance company as a total loss and has not sustained serious accident damage;
- the vehicle has not been owned and/or used by the police and has not been used as a licensed hackney carriage;
- the vehicle has not been re-registered or imported;
- the odometer reading is not warranted;
- the vehicle is to be sold without reserve.
- The seller is responsible for giving BCA the aforesaid instructions to the contrary whenever appropriate and shall indemnify BCA for any failure to do so and for any costs and liabilities incurred by BCA as a result of the seller’s failure to do so.
- When there is an agreement as aforesaid the seller may give a direction to BCA to auction all or any vehicles “as seen” or may give instructions to BCA as to the mechanical condition of a vehicle in which event BCA shall complete the entry form relating to that vehicle in accordance with the instructions. The seller shall be responsible for the accuracy of such instructions and shall indemnify BCA against any liability arising from their inaccuracy.
- When no such direction or instructions have been given in respect of any particular vehicle BCA shall be entitled but not obliged to insert details of that vehicle’s mechanical condition in the entry form provided that it has first satisfied itself as to the mechanical condition of the vehicle and as to whether it can be used lawfully upon the road but save where it elects to insert details as aforesaid BCA shall auction the vehicle “as seen”.
- When there is an agreement as aforesaid BCA shall not incur any liability to the buyer as a result of any inaccuracy (howsoever arising and by whomsoever caused) in the entry form or in any publication or announcement based thereon but shall indemnify the seller if the seller incurs any liability to the buyer by reason of a failure on the part of BCA to exercise reasonable skill and care.
There shall be terms of the contract between BCA and the seller that:
- the seller has the absolute right to sell the unencumbered legal and beneficial interest in the vehicle;
- the vehicle bears its proper registration mark and chassis number;
- each and every entry made by the seller in the entry form is entirely accurate;
- BCA is entitled to publish before the auction (by fixing the entry form or any part thereof or any other document to the vehicle or otherwise) and to announce at the auction any information contained in the entry form or supplied by the seller, any fair summary of any such information and any fair description of the appearance of the vehicle but save as appears elsewhere herein BCA shall not be obliged to make any such publication or announcement.
- THE CONDUCT OF THE AUCTION
- The auctioneer without giving any reasons may refuse to accept any bid and may regulate the bidding generally as he sees fit.
- Whether or not there is a reserve price the seller may:-
- withdraw a vehicle at any time before the hammer falls;
- bid for a vehicle himself or alternatively appoint not more than one other person to bid for it on his behalf.
- The auctioneer and other employees of BCA may accept written (but not oral) instructions to bid on behalf of prospective buyers but are not obliged to accept such instructions. Instructions which are accepted are accepted at the prospective buyer's risk.
- The auctioneer shall have an absolute discretion to withdraw a vehicle if in his opinion the bidding does not reach a reasonable level or if in his opinion there are other reasonable grounds for withdrawing the vehicle.
- A contract of sale shall be made and a vehicle shall be sold when but only when the hammer falls. The buyer shall be the maker of the highest bid accepted by the auctioneer. The price shall be the amount of the highest bid accepted by the auctioneer.
- Immediately after the fall of the hammer the buyer shall give his name and address to a rostrum clerk. If he fails to do so (whether or not he tenders the price) the auctioneer shall have an absolute discretion to cancel the contract of sale.
- The auctioneer’s decision (for which no reason need be given) shall be final in the event of:-
Any such dispute shall be referred to the auctioneer for his decision. The auctioneer shall have an absolute discretion to cancel the contract of sale and to re-auction the vehicle either during the same or a subsequent auction.
- any dispute arising during the bidding; or
- a dispute arising after the fall of the hammer as to what bids were made or by whom.
- In the event that the auctioneer exercises the discretion to cancel the contract referred to at F and G herein neither the original buyer nor the seller shall be entitled to rely on the original contract of sale for any purpose whatsoever save that the buyer shall be entitled to the return of any deposit or other money which he may have paid thereunder. The vehicle shall be deemed to be a vehicle which has not reached its reserve price and to which Condition 25 applies but unless it is sold by way of private treaty sale it shall be re-auctioned either during the same or a subsequent auction.
- RESERVE PRICES
- If the entry form does not contain a reserve price BCA is authorised to auction the vehicle without reserve.
- Notwithstanding any instruction to the contrary given by the seller and notwithstanding anything to the contrary inserted in the entry form the seller is deemed to have authorised BCA to auction the vehicle without reserve in each of the following cases (save where BCA or the branch manager has otherwise agreed in writing with the seller):-
- when the vehicle is more than 8 years old;
- when the vehicle is put up for auction “as seen”;
- when the branch manager or an assistant authorised by the branch manager for the purpose has marked the entry form to show that in the branch manager's or assistant's opinion the highest bid for the vehicle is likely to be less than such sum as is stated in a written notice displayed at the auction premises as being the then applicable sum hereunder.
- When a vehicle is auctioned with a reserve price the vehicle will not be sold unless the highest bid is no less than the reserve (save if the seller authorises a sale during the bidding).
- A net reserve may not be specified and the auctioneer shall be entitled to disregard anything in the entry form which purports o qualify a reserve price therein stated.
- When a vehicle is auctioned with a reserve price the auctioneer shall not be obliged to announce that fact save if he withdraws the vehicle because it has not reached its reserve. The auctioneer shall not in any circumstances be obliged to announce the reserve price.
- “AS SEEN” VEHICLES
- Unless the auctioneer makes an announcement to the effect that the vehicle was or was treated as a total loss the contract of sale shall contain a term that a vehicle has not been treated by an insurance company as a total loss. Save for that term a vehicle sold “as seen” is sold and purchased for what it is and with its faults (if any) and, save for that term, the contract of sale shall not contain any condition, warranty or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the vehicle. All such conditions, warranties and other terms are hereby excluded.
- Notwithstanding any instruction to the contrary given by the seller and notwithstanding anything to the contrary which is inserted in the entry form the seller is deemed to have authorised BCA to auction the vehicle “as seen” in each of the following circumstances:-
- when the vehicle is over 5 years old (save when BCA or the branch manager has otherwise agreed in writing with the seller);
- when the sale price is less than such sum as is stated in a written notice displayed at the auction premises as being the then applicable sum hereunder;
- when the vehicle is a commercial vehicle (light or heavy) or comprises an item of plant or equipment;
- when there is neither an entry form containing the required particulars of the mechanical condition of the vehicle nor an engineer's report;
- when the auctioneer is unable to quote the age of the vehicle from either an entry form or a vehicle registration document;
- when the vehicle is being re-sold pursuant to Condition 22 or Condition 23 herein;
- when to the knowledge of the auctioneer a valid or subsisting test or plating or other certificate is required but has not been issued for the vehicle.
- Any vehicle which is sold for less than the sum applicable under B.b. herein shall be sold and purchased “as seen” notwithstanding the absence of an express announcement that the vehicle would be sold “as seen”. Save as aforesaid a vehicle shall be sold and purchased “as seen” when before or during the bidding the auctioneer announces whether on the instruction of the seller or otherwise that the vehicle is “as seen”.
- When a vehicle is sold and purchased “as seen” (either by reason of the sale price being less than the sum applicable under B.b. herein or by reason of an announcement by the auctioneer) then the vehicle shall be sold and purchased “as seen” notwithstanding any information about the vehicle displayed or published on the vehicle or elsewhere and notwithstanding anything which the auctioneer may have said about the vehicle before or during the bidding.
- VEHICLE DOCUMENTS
- If BCA accepts a vehicle into the auction notwithstanding the failure of the seller to deliver to BCA either the vehicle registration document or an official substitute for that document the fact that no such document has been delivered to BCA shall be announced by the auctioneer.
- If BCA accepts a vehicle into auction and the seller informs BCA that there are subsisting test or plating certificates relating to the vehicle which have not been delivered by the seller to BCA the fact that such certificate or certificates have not been delivered shall be announced by the auctioneer.
- In the event of an announcement by the auctioneer under A or B herein:-
- neither the seller nor BCA shall be under any obligation to procure, deliver or produce any document or certificate to which the announcement relates;
- if any document or certificate to which the announcement relates subsequently comes into the possession of BCA the only obligation on BCA shall be to post the same to the buyer at an address recorded for him in the entry form or invoice.
- EXCISE LICENCES
If a current vehicle excise licence is passed to BCA at the time of sale it shall become the property of the buyer.
- THE CONTRACT OF SALE
- The parties to the contract of sale are the buyer and the seller. BCA is not a party to the contract of sale and is not liable for any breach thereof by either the buyer or the seller.
- It shall be a term of the contract of sale that the buyer accepts the bodywork, the tyres, the exhaust, the battery and the upholstery of the vehicle with all damage and defects (if any) which an inspection of the interior and the exterior ought reasonably to reveal.
- It shall be a term of the contract of sale that the vehicle has not been treated by an insurance company as a total loss save when the auctioneer makes an announcement to the effect that it was or was treated as a total loss.
- Save when a vehicle is sold and purchased “as seen” and save to the extent that the auctioneer announces facts which indicate the contrary it shall be a term of the contract of sale that the vehicle has not sustained serious accident damage, has not been used by the police or as a licensed hackney carriage and is in such a condition as to be lawfully used upon the road.
- Save as appears from Conditions 7 and 11.A.c herein it shall be a term of the contract of sale that any description applied to the vehicle:-
is reasonably accurate.
- by the auctioneer;
- by an engineer's report or any other document affixed to the vehicle by BCA prior to the auction (save to the extent that such report or document is qualified or corrected by the auctioneer);
- When a vehicle is described by the auctioneer as having no major mechanical defects that description shall be construed as meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering and transmission of the vehicle.
- Save as aforesaid there shall be no term of the contract of sale, express or implied and whether implied by statute, common law, custom or otherwise as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the vehicle and the vehicle is sold on the basis that any other description of or representation concerning the vehicle, howsoever given and whether given in something published (by virtue of being affixed to the vehicle or otherwise) or in an announcement by the auctioneer is or may be inaccurate.
- BCA UNDERTAKINGS
- BCA undertakes and represents that:-
- each vehicle offered at the auction has been accepted by BCA into the auction in good faith;
- the seller has the absolute right to sell the unencumbered legal and beneficial interest in the vehicle;
- the vehicle's mileage indicated by the odometer is accurate if but only if and to the extent if any that the uctioneer both announces a vehicle's mileage and states that it is accurate. Save to the extent that the auctioneer has made such an announcement as to the accuracy of the mileage indicated on the odometer BCA gives no undertaking and makes no representation as to the vehicle's mileage and the vehicle is sold on the basis that any indication of the vehicle's mileage given by the vehicle's odometer by anything attached to the vehicle or by the auctioneer is or may be inaccurate;
- unless the entry form discloses that a vehicle is or has been treated by an insurance company as a total loss and the auctioneer makes an announcement to this effect, the vehicle is not and has not been treated as a total loss by an insurance company;
- unless the vehicle is sold and purchased “as seen” the auctioneer will announce details of any major mechanical defect disclosed in the entry form;
- unless the vehicle is sold and purchased “as seen” if the entry form discloses that a vehicle has sustained serious accident damage, has been owned and/or used by the police or as a licensed hackney carriage, has been re-registered or imported or is not in such a condition as to be used lawfully upon the road the auctioneer will announce the matter or matters disclosed.
- In the event of any breach of the above undertakings and representations then BCA will be liable to the buyer in damages. BCA's liability for such breach of the above undertakings and representations shall not exceed the price paid for the vehicle by the buyer and in the case of claims in respect of mileage shall be subject to any such claim being notified to BCA within 7 days of the contract of sale. Save as aforesaid BCA gives or makes no undertaking, representation or warranty with regard to any vehicle and no such undertaking, representation or warranty on the part of BCA, the auctioneer or the branch manager is given or made or is to be implied as to the age, mileage, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of any vehicle by virtue of anything contained in these Conditions or by reason of any one or more of the following:
- the fact that BCA has accepted the vehicle into the auction;
- the invitation by the auctioneer for bids for the vehicle;
- the publication by BCA of anything which BCA is authorised to publish by virtue of Condition 4D herein;
- the announcement by the auctioneer during the auction, whether before or after the invitation to bid, of anything which the auctioneer is authorised to announce by virtue of Condition 4D herein;
- the fact that an engineer's report or any other document has been affixed to the vehicle or that any particular statement has been made in any such report or other document;
- the fact that pursuant to Condition 3 herein BCA inserted in the entry form particulars of the mechanical condition of the vehicle or that any particular statement was inserted.
- INDEMNITY GIVEN BY SELLER
- If any undertaking, representation or warranty is found to have been given or made by BCA in good faith and as a result of:
- anything which BCA or the auctioneer is authorised to publish or announce by virtue of Condition 4D herein; or,
- a fair and reasonable description based on the then appearance of the vehicle; then such undertaking, representation or warranty shall be deemed to be given or made by the seller who shall indemnify BCA against any liability and costs therefor whatsoever and howsoever arising.
- If BCA shall incur any other liability in good faith and as a result of the matters aforesaid then the seller shall indemnify BCA in respect of that liability whatsoever and howsoever arising.
- STATUTORY PROVISIONS
If or to the extent that any of these Conditions whether hereinbefore or hereinafter set out are Conditions to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Conditions shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Conditions shall be construed accordingly.
- UNROADWORTHY AND DEFECTIVE VEHICLES
- The buyer agrees that if a vehicle:
- is in such a condition either by reason of its construction, the state of its brakes, steering, tyres, lighting equipment, reflectors or other parts that it is unroadworthy or cannot otherwise be used lawfully on a road;
- does not have a valid Department of Transport test certificate or plating certificate or any other certificate required by law; then the buyer will not use the vehicle on any road or remove it from the auction premises under its own power until it is roadworthy, can be used lawfully on the road and has all necessary certificates.
- The buyer further agrees that if required to do so by BCA he will provide a written undertaking (in a form acceptable to BCA) to comply with all duties and obligations imposed on him in respect of the vehicle by the Road Traffic Act 1972, The Health and Safety at Work Act 1974, any subsequent modification or re-enactment of either Act or by any other legislation affecting the use of the vehicle. If the buyer fails to provide such an undertaking upon request BCA shall be entitled absolutely to cancel the contract of sale and any deposit which the buyer may have paid shall be forfeited. The vehicle shall then be deemed to be a vehicle which has not reached its reserve price and to which Condition 25 applies but unless it is sold by way of private treaty sale it shall be re-auctioned either during the same or a subsequent auction.
- The seller and the buyer agree that without prejudice to any other rights or remedies which the buyer may have against the seller BCA shall be entitled to and will accept rescission of the contract of sale provided that the conditions set out at B herein are met and that the buyer wishes to rescind on one or more of the following grounds, namely that:-
- the vehicle has been treated by an insurance company as a total loss but this fact was not announced by the auctioneer; or,
- the vehicle was not sold and purchased “as seen” and:-
- the vehicle was used by the police or was used as a licensed hackney carriage but this fact was not announced by the auctioneer; or,
- the auctioneer did not refer to a major mechanical defect in or materially misrepresented the condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission of the vehicle; or,
- the mileage was announced by the auctioneer and stated to be accurate but was not reasonably accurate; or,
- the age of the vehicle was misrepresented when the vehicle was before the rostrum.
- The conditions which have to be met are that:
- the buyer has not effected any sub-sale of the vehicle;
- the buyer has delivered the vehicle and written notice of his claim to the engineer or the branch manager within the time specified at C herein, time being of the essence;
- when written notice is given the buyer is not in breach of any obligation as to payment which has by then arisen under Condition 20;
- in the opinion of the engineer (which opinion he shall be deemed to give in the capacity of an expert and not as an arbitrator) the grounds or any of them specified by the buyer are substantially correct.
- When the buyer relies on A.a herein (vehicle treated as insurance total loss) or A.b.iii herein (mileage) written notification of the claim must be delivered by no later than 5 pm on the fifth day (excluding any Sunday) after the auction. When the buyer relies on A.b.iv herein (age) written notification of the claim must be delivered by no later than 5 pm on the third day (excluding any Sunday) after the auction. In any other case written notification must be delivered by no later than 1 hour after the conclusion of the auction. In each case “the auction” means the auction during which the vehicle was sold.
- BCA shall have an absolute discretion to waive all or any of the conditions set out at B herein.
- BCA shall be under no liability to the seller by reason of the fact that there has been rescission pursuant to this Condition.
- ENGINEER’S REPORT
- BCA shall be entitled to refuse a seller's request for an engineer's report but subject to that right and in consideration of the charge for the time being applicable when requested to do so by the seller shall cause an engineer to inspect and report upon a vehicle on behalf of the seller.
- The engineer shall use reasonable skill and care.
- For the purpose of these Conditions an engineer's report shall be deemed to be a document supplied to BCA by the seller. BCA shall not incur any liability to the buyer as a result of any inaccuracy in the engineer's report or of any publication or announcement based thereon but shall indemnify the seller if the seller incurs any liability to the buyer as a result of a failure on the part of the engineer to exercise reasonable skill and care.
- When an engineer’s report has been commissioned BCA shall affix a copy thereof to the vehicle before it is auctioned and shall be entitled but not obliged to announce during the auction the fact that an engineer's report has been commissioned.
- The seller and the buyer agree that without prejudice to any other rights and remedies which the buyer may have against the seller BCA shall be entitled to and will accept rescission of the contract of sale or (if the amount of the refund can be agreed by the buyer and the branch manager) will refund to the buyer such part of the purchase price as is in the circumstances reasonable if:
- in the opinion of the branch manager a statement made in the engineer's report was materially inaccurate with regard to the condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission; and,
- within 1 hour after the conclusion of the auction during which the vehicle was sold the buyer delivers to BCA the vehicle, its keys and all documents supplied to the buyer.
- BCA shall have an absolute discretion to waive the time-limit in Condition E.b. herein.
- In the event that the contract is rescinded as aforesaid the engineer's report shall be corrected and the vehicle shall be re-auctioned. The seller will not be charged a second entry fee and as between the seller and BCA these Conditions shall apply as if the original sale had not taken place.
- In the event that part of the purchase price is refunded as aforesaid the purchase price shall thereafter be deemed to be the original purchase price less the refund.
- BCA CHARGES
- BCA shall maintain a list of charges which it shall be at liberty to vary from time to time and that list shall include the entry fee payable, the service charge, the buyer's fee, the commission payable by reference to the price and the fee for an engineer's report.
- BCA shall be entitled to charge an entry fee when a vehicle is entered for auction and if for any reason the vehicle is not sold when it is before the rostrum or subsequently has to be re-sold then BCA shall be entitled to charge a further entry fee in respect of each and every subsequent occasion when it is before the rostrum (save when Condition 16G applies).
- BCA shall be entitled to charge the commission and the buyer's fee:
- when the vehicle is sold under the hammer whether or not the contract is later rescinded by the buyer save when it is rescinded under Condition 16E herein;
- when the seller is also the buyer;
- when the vehicle is not sold under the hammer but by way of private treaty sale;
- when the vehicle is re-sold pursuant to Conditions 22 or 23 herein.
- BCA shall be entitled to charge an entry fee and commission and the buyer's fee on any sub-sale effected by the buyer at the auction premises.
- The seller shall be liable to pay to BCA upon demand any entry fee or fees, commission or other sums due to BCA whether or not payment is received from the buyer.
- BCA shall be entitled to charge a parking fee in accordance with Condition 19 herein.
- PASSING OF PROPERTY
- The property in the vehicle shall not pass to the buyer until the price and the buyer's fee has been paid to BCA and any cheque or other instrument tendered in payment has been cleared. Until property passes the seller reserves the right to dispose of the vehicle.
- Condition 18A herein shall prevail notwithstanding the fact that the buyer is an account customer of BCA and/or the fact that BCA permits the buyer to remove the vehicle from the auction premises and/or waives any of the provisions of Conditions 20B to G herein.
- If any cheque given by the buyer is not honoured on first presentation the seller (without prejudice to his other rights) shall be entitled to enter upon any premises of the buyer to repossess the vehicle.
- RISK AND PARKING FEES
- At all times from the delivery of a vehicle to BCA whether at the auction premises or elsewhere until the vehicle is sold or removed by the seller (including any time during which the vehicle is being tested or demonstrated on the auction premises, a public highway or elsewhere) the vehicle is at the risk of the seller. From the time when a vehicle is sold (and notwithstanding Condition 18 herein) it is at the risk of the buyer.
- A vehicle, whether or not sold, which is not removed from the auction premises by close of business on the second day after the auction shall thereafter incur a parking fee at such daily rate as is stated in a written notice displayed at the auction premises as being the then applicable sum hereunder and BCA shall have a lien on the vehicle in respect of any unpaid parking fees.
- PAYMENT BY THE BUYER
- The price and the buyer's fee must be paid by the buyer to BCA.
- The minimum deposit is whichever of the following is the higher, namely 10 per cent of the price or such sum as is stated in a written notice displayed at the auction premises as being the then applicable sum under this Condition.
- Save when E or F herein apply the minimum deposit must be paid in cash or by banker's draft to the rostrum clerk immediately after the fall of the hammer.
- Save when E or F herein apply the balance of the price must be paid by cash, banker's draft or cheque delivered to BCA by not later than 5 pm on the first working day after the auction.
- When the buyer is an account customer he may pay the price by cheque provided that:-
- he ensures that immediately after the fall of the hammer his name is recorded by BCA and he produces such evidence as BCA may require that he has an account with BCA;
- during or not later than one hour after the auction he tenders a cheque for the price to BCA;
- he produces his BCA cheque account card when he tenders his cheque;
- his cheque is drawn on the bank named on the cheque account card and is for a sum not in excess of the cheque limit stated on the cheque account card.
- When a lot is bought by an Accredited Exchequer Scheme Dealer payment may be made pursuant to the Exchequer Scheme provided that:-
- he ensures that immediately after the fall of the hammer his name is recorded by BCA and he produces such evidence as BCA may require that he is an Accredited Exchequer Scheme Dealer;
- during or not later than one hour after the auction the dealer does the things required by sub-conditions 29.E.a to c.
- No one except an account customer or an Accredited Exchequer Scheme Dealer shall be entitled to remove a vehicle from the auction premises until payment in full in respect thereof has been made and any cheque given in respect thereof has been cleared. An account customer shall be entitled to remove a vehicle after BCA has accepted a cheque tendered under E herein. An Accredited Exchequer Scheme Dealer shall be entitled to remove a vehicle after he has complied with sub-conditions 29.E.a to c.
- BCA shall be entitled to waive or vary B to E herein whenever BCA sees fit and BCA shall not incur any liability to the seller as a result of such waiver or variation.
- BCA shall be entitled to grant account facilities to customers whenever and on such terms as BCA sees fit.
- Save when the buyer rescinds the contract under Conditions 15 or 16 herein and save when Conditions 5H or 24B apply a deposit paid by the buyer shall not in any circumstances be refundable or refunded to the buyer.
- PAYMENT BY BCA TO THE SELLER
- BCA shall not be obliged to pay the price or any deposit to the seller unless and until BCA has received the price or any such deposit and any cheque given in respect thereof has been cleared.
- BCA shall be entitled to deduct from or set off against any payment made to the seller any debt due from the seller to BCA and any unliquidated claim which BCA may have against the seller.
- The seller agrees that if BCA in fact pays to the seller the price less any deductions authorised by B herein before the price has been paid to BCA or before any cheque or other instrument given in respect thereof has been cleared then the seller's title to the vehicle and all the seller's rights arising under and in connection with the contract of sale shall forthwith be transferred to BCA. If requested to do so the seller will execute a legal assignment to BCA of the seller’s title and the said rights.
- If the contract is cancelled under Condition 5 or rescinded under Conditions 15 or 16 BCA shall be entitled to withhold the price or any deposit from the seller and to refund the same to the buyer.
- If BCA has reasonable grounds to believe:
- that the seller was not entitled to sell the vehicle; or
- that the seller should have notified BCA in the entry form or otherwise that he was not the owner of the vehicle but failed to do so; or
- that any facts which the seller notified to BCA in the entry form or otherwise concerning the ownership of the vehicle were inaccurate; then BCA shall be entitled to withhold any sum which would otherwise be payable by BCA to the seller until the seller establishes to the satisfaction of BCA that the seller was not in breach of any express or implied term of the contract of sale and if the same is not established within a reasonable time:-
- to retain any such sums until all questions of title have been resolved;
- to pay any such sums to anyone who to the reasonable satisfaction of BCA establishes title to the vehicle;
- to interplead and to pay any such sums into Court.
- In the event that BCA becomes liable to pay interest to any person by reason of the fact that BCA retained any such sums as aforesaid BCA shall be entitled to recover such interest from the seller.
- RE-SALE WHEN SELLER AT FAULT
- he seller shall be deemed to have authorised BCA to auction a vehicle “as seen” at the auction next occurring at the auction premises if BCA has notified the seller:
- that the contract has been rescinded under Condition 15 herein; or
- that the vehicle was not sold when it was before the rostrum; and if the seller fails by the end of the working day next following the receipt or deemed receipt of such notification to instruct BCA as to the action which the seller requires BCA to take.
- Notification given by post to the seller at the address recorded for him in the entry form shall be deemed to have been received by the seller in the ordinary course of post whether or not the letter containing such notification is returned to BCA by the Royal Mail.
- DEFAULT BY THE BUYER
- If any cheque given to BCA by the buyer is not honoured on first presentation or if the buyer has in any way failed to comply with his obligations to pay for the vehicle BCA shall be entitled but not obliged:-
- to sue in BCA's own name on the cheque or for the price;
- to re-present any cheque;
- without prejudice to any other rights which the seller may have against the buyer for breach of contract or otherwise forthwith as agent for the seller to treat the contract as having been discharged by the buyer's breach thereof;
- to exercise in BCA's own name by action or otherwise all the seller's rights to determine or avoid the contract and/or to recover the vehicle from the buyer or from anyone to whom the buyer may have disposed of the vehicle and/or to claim the price or damages from the buyer;
- to re-auction the vehicle.
- When notice to the buyer is necessary to determine, avoid or rescind the contract such notice shall be deemed to be given effectively if contained in a letter posted to an address recorded for the buyer in the entry form or invoice whether or not the letter containing such notice is returned to BCA by the Royal Mail and, if the contract is avoided on the ground of fraud, such notice shall also be deemed to have been given effectively if the police are given notice of the buyer's fraud.
- If, through no fault of BCA, the buyer fails to remove the vehicle from the auction premises by the expiration of 14 days from the date when the buyer first became entitled to remove the vehicle BCA shall be entitled to re-auction the vehicle.
- When a vehicle is re-auctioned pursuant to A.e. or C herein:-
- if the vehicle is more than 5 years old or was originally sold “as seen” it will be sold “as seen”;
- in any other case BCA will have an absolute discretion to sell the vehicle on the basis of the original entry form or “as seen”.
- BCA shall apply the re-sale price to discharge the following debts in the following order:-
- the entry fee and commission due to BCA on the re-sale;
- parking fees, if any, owed to BCA;
- any sum due under the original contract of sale. The balance of the re-sale price, if any, shall be paid to the buyer if property in the vehicle has passed to him but shall otherwise be paid to the seller or, where the seller's rights have been transferred to BCA under Condition 21C herein, shall be retained by BCA. Save to the extent that the application of the re-sale price has discharged his liability the original buyer shall remain liable in respect of any sum owed to BCA or to the original seller under the original contract of sale or otherwise.
- If any cheque given to BCA by the buyer is not honoured on first presentation by BCA the buyer shall forthwith cease to be entitled to use any cheque account card issued to him by BCA.
- RIGHTS RESERVED TO BCA
- BCA reserves to itself the following rights which it may exercise without any reason being given, namely the rights:
- to refuse to allow any person to enter the auction premises;
- to refuse to allow any vehicle to be brought on to the auction premises;
- to require a seller forthwith to remove a vehicle from the auction premises and if the seller fails to do so to effect such removal and to recover the cost thereof as a debt due from the seller;
- to provide either party to the contract of sale with the name and address of the other party in the case of any dispute;
- to allocate such lot numbers to vehicles as BCA sees fit and notwithstanding the lot numbers which are allocated to auction vehicles in such order and at such times as BCA sees fit.
- If before BCA has parted with possession of a vehicle a claim is made against BCA arising out of or connected in any way with the title of the seller or his authority to sell or authorise sale BCA shall be entitled absolutely but not obliged to retain the vehicle pending the resolution of such claim and/or to refund any money paid to BCA by the buyer.
- PRIVATE TREATY SALES
- If a vehicle fails to reach its reserve price BCA shall be entitled but not obliged to inform the seller of the highest bid and to provide facilities and services which the seller may utilise to make a contract for the sale of the vehicle to the highest bidder or to any other person interested in the vehicle.
- A private treaty sale shall mean:
- any sale resulting from the provision of the aforesaid information, facilities or services;
- any other sale of the vehicle which is agreed at the auction premises but is not a sale effected by the fall of the hammer in the auction hall.
- When a private treaty sale occurs BCA shall be entitled to commission and the buyer's fee and in a case within B.b. to an additional entry fee.
- Whether or not the vehicle was put up for auction “as seen” Condition 7 shall not apply to a private treaty sale. The terms of a private treaty sale shall not and shall not purport to exclude any statutory rights which the buyer may have but save as aforesaid shall be on such terms as are expressly or by implication agreed by or on behalf of the parties to the private treaty sale.
- BCA is not and shall not be deemed to be a party to or liable upon a private treaty sale and shall not incur any liability to any party thereto by reason only of the fact that BCA has done one or more of the following, namely:
- transmitted information or said anything which the auctioneer could properly have said;
- communicated any offer or acceptance;
- negotiated a contract without disclosing the name or address of either or both parties to the other party;
- agreed to reduce its charges;
- issued an invoice;
- supervised the payment of or received the purchase price;
- supervised the release of a vehicle.
- Conditions 12, 14 to 16, 19 to 23, 24B, 26, 28 and 29 shall apply to private treaty sales with the following alterations:-
- References (however expressed) to things said by the auctioneer shall be taken as referring to things said by the auctioneer when, prior to the private treaty sale, the vehicle was last before the rostrum.
- References (however expressed) to the auction at which the vehicle was sold shall be taken as referring to the auction during which the vehicle was last before the rostrum.
- A private treaty sale may be rescinded under Condition 15 or 16 at any time on the day of sale until the BCA branch concerned closes.
- The words “to BCA” shall be substituted for the words “to the rostrum clerk” in Condition 20C.
- The words “when BCA is asked to communicate an offer to the seller or, if no such request is made, when the private treaty sale is concluded” shall be substituted for the words “immediately after the fall of the hammer” in conditions 20C, E and F.
- A deposit paid when BCA is requested to communicate an offer to the seller shall be refunded if that offer is not accepted.
- In the event of a dispute between the parties to a private treaty sale BCA shall be obliged to do no more than provide each party with the name and address of the other.
- BUYERS FEE
- All buyers will be charged a buyers fee, which shall be payable to BCA and which will be charged on the price, in respect of services provided by BCA to the buyer.
- It is a condition of the contract of sale or the private treaty sale in respect of a vehicle that when the buyer pays the price or the balance of the price of the vehicle pursuant to Condition 20 he shall also pay to BCA the buyers fee then applicable, details of which are available on request.
- It is a condition of the contract of sale or the private treaty sale in respect of a vehicle that if the buyers fee is not paid as aforesaid the buyer shall not be entitled to remove the vehicle from the auction premises, shall be deemed for all purposes to have failed to pay the price in full and shall be liable to BCA and the seller accordingly.
- SPECIAL AUCTIONS
- The words “special auction” refer to each of the following:
- the auction of a lot which is not a vehicle as defined by Condition 1L herein;
- an auction at premises which are not normally used by BCA as auction premises;
- an auction which is not open to members of the public;
- any section of an auction into which a vehicle can only be entered if either or both of the following sub-conditions apply:
- the vehicle has a likely selling price in excess of a sum specified by BCA;
- the vehicle, according to the entry form or to information otherwise provided by the seller, meets requirements specified by BCA;
- the auction of one or more vehicles to which special conditions published or displayed by BCA apply.
- In the case of a special auction of the kind referred to at A.a. herein these Conditions shall apply with the following modifications:
- the word “lot” shall be substituted for the word “vehicle” throughout;
- any part of any sub-condition or Condition which can only apply in the case of a vehicle as defined by Condition 1L herein shall be disregarded but the remainder, if any, of the sub-condition or Condition shall continue to have effect;
- the seller may specify a reserve in any manner acceptable to BCA;
- each lot shall be sold “as seen” unless an announcement to the contrary is made by the auctioneer;
- BCA's charges shall be a matter for negotiation and BCA shall be entitled to charge a storage fee at the same rate and in the same circumstances as the parking fee referred to in Condition 19 herein.
- In the case of all other special auctions these Conditions shall apply save to the extent that they are modified by or are inconsistent with special conditions published or displayed by BCA with reference to the special auction in question.
Care is taken to ensure the accuracy of any catalogue but no sale shall be invalidated by reason of any misdescription in a catalogue and BCA shall incur no liability to any person or persons in respect of any such misdescription.
- THE EXCHEQUER SCHEME
- BCA has made arrangements with certain finance companies to enable dealers (i.e. persons, firms or companies which regularly trade in motor vehicles) to purchase certain vehicles on behalf of those companies. These arrangements constitute “the Exchequer Scheme”.
- “Exchequer Scheme Financier” means any company which has agreed with BCA that it will participate in the Exchequer Scheme.
- “Permitted Vehicle” means any vehicle which an Exchequer Scheme Financier will purchase under the Exchequer Scheme.
- “Accredited Exchequer Scheme Dealer” means any dealer who is authorised by any Exchequer Scheme Financier to purchase vehicles on behalf of that Exchequer Scheme Financier.
- When a dealer has complied with Condition 20.F.a. and within the time limits set out in Condition 20.F.b. herein has:
- notified BCA that a vehicle is to be paid for pursuant to the Exchequer Scheme;
- satisfied BCA that he is an Accredited Exchequer Scheme Dealer, that the vehicle is a Permitted Vehicle and that he is authorised to purchase it on behalf of an Exchequer Scheme Financier;
- completed such documentation as BCA may require; then:
- BCA and the seller shall be entitled to and will treat the Exchequer Scheme Financier named by the dealer as the buyer;
- the Exchequer Scheme Financier will pay BCA for the vehicle;
- BCA shall permit the dealer forthwith to remove the vehicle from the auction premises;
- any contract relating to the vehicle made by the dealer on his own behalf with either the seller or BCA shall be novated and the Exchequer Scheme Financier named by the dealer shall be substituted for the dealer in respect thereof.
- Any dealer acting or purporting to act as an Accredited Exchequer Scheme Dealer warrants to BCA and the seller that he is duly authorised by an Exchequer Scheme Financier.
- In the event that he is not so authorised:
- he shall if necessary be deemed to have acted on his own behalf throughout;
- he will be liable as principal on any contract made by him with either the seller or BCA;
- all the Conditions herein shall apply save that the dealer will not be treated as an Accredited Exchequer Scheme Dealer.
Condition variations re Live Online, Bid Now and Buy Now
- Subject to the following provisions, all entries of vehicles for sale and all purchases made through British Car Auctions Limited (“BCA”) are subject to the BCA Conditions of Entry and Sale (“the Conditions”)* .
- For the purposes of sellers and buyers concluding sales and purchases via BCA Live Online, BCA Bid Now, BCA Buy Now and BCA e-Auction the Conditions are varied as follows:
- Condition 10B shall apply only to the extent that it is not inconsistent with the provision by BCA of an online description and/or grading** and for the avoidance of doubt it shall remain a term of the contract of sale that the buyer accepts the tyres, exhaust and battery with all damage and defects (if any) which an inspection of the vehicle ought reasonably to reveal.
- Condition 18A shall be varied such that it provides as follows: “The property in the vehicle shall not pass to the buyer until the price, the buyer’s fee and the online buyer’s fee has been paid to BCA and any cheque or other instrument tendered in payment has been cleared. Until the property passes the seller reserves the right to dispose of the vehicle.”
- Condition 20A shall be varied such that it provides as follows: “The price, the buyer’s fee and the online buyer’s fee must be paid by the buyer to BCA”.
- Condition 25B shall be varied such that sales of vehicles effected by BCA Live Online, BCA Bid Now, BCA Buy Now and BCA e-Auction shall be treated as sales effected by the fall of the hammer in the auction hall and not as private treaty sales.
- An additional sub-condition shall be added to Condition 26, which shall provide as follows: “All buyers concluding purchases via BCA Live Online, BCA Bid Now, BCA Buy Now and BCA e-Auction will be charged an online buyer’s fee in respect of services provided by BCA to the buyer.”
- In addition to the variations described in paragraph 2 above, for the purposes of sellers and buyers concluding sales and purchases via BCA Live Online the Conditions are also varied such that the time limits specified in Conditions 11, 15 and 16 shall apply only to the extent that they are not inconsistent with the time limits prescribed by the Live Online Dispute Resolution and Arbitration Policy (“LODRAP”)*** .
- Unless otherwise stated vehicles sold and purchased via BCA Live Online, BCA Bid Now, BCA Buy Now and BCA e-Auction are sold and purchased “as seen” as defined in Condition 7.
- A party offering a vehicle for sale via BCA Bid Now, BCA Buy Now or BCA e-Auction in circumstances where the offered vehicle is not physically present on BCA premises:
- undertakes to BCA that it (the offering party) shall:
- ensure that the person(s) in whose possession and/or control the vehicle remains is/are aware and understand the implications of the fact that the vehicle is being so offered; and
- not enter into a contract for the sale of a vehicle otherwise than via BCA Bid Now, BCA Buy Now or BCA e-Auction whilst it is being so offered; and
- acknowledges that:
- if it breaches the undertaking contained in sub-paragraph 5.A.b. above in circumstances where it also contracts to sell the vehicle via BCA Bid Now, BCA Buy Now or BCA e-Auction, it may incur legal liabilities to one or more of the non-BCA buyer, the BCA buyer and BCA; and
- a buyer through BCA Bid Now, BCA Buy Now or BCA e-Auction may in certain circumstances acquire more statutory rights vis-à-vis the contract of sale than a buyer through a physical auction.
- Where a party has been provided with the facility to remotely instruct BCA to offer a vehicle for sale without providing BCA with a completed entry form, there shall be such agreement between the instructing party and BCA as is described in Condition 3A, and Condition 3 shall apply to the subsequent offering of the vehicle for sale by BCA.
* Copies of the Conditions are available free of charge from all BCA branches and the BCA website. Potential sellers and bidders are strongly advised to read the Conditions before selling or bidding.
Terms and Conditions
** Details of the BCA Live Online grading standards are available in the BCA website:
*** The Live Online Dispute Resolution and Arbitration Policy (“LODRAP”) is available at
How to buy online
and must be followed in the event of a post-sale dispute.
Online Terms and Conditions Version 7 - 2011