These terms and conditions shall govern the Customer’s use of our Service on our Website www.nationalscrapcar.co.uk.
By completing the Quote Form on our Website, you accept these terms and conditions in full:
1.1. “Approved Vehicle Collector” shall refer to a third party Vehicle Collector that is permitted by Us to collect a Vehicle and is legally permitted to dispose of End-Of-Life Vehicles.
1.2. “Acceptance” means the customer has legally agreed to sell the Vehicle in consideration for the monetary amount Offered by the Approved Vehicle Collector.
1.3. “Customer” shall refer to the person, firm or corporate body together with any subsidiary or associate company as defined by the Companies Act 2006 that interacts with the Service on our Website. “You” and “Your” shall also be used interchangeably to refer to the Customer.
1.4. “Offer” shall refer to the monetary amount the Approved Vehicle Collector is willing to Collect the Vehicle for after conducting an inspection of the Vehicle.
1.5. “Quote Form” shall refer to the form located on the homepage of the Website which requires information to be supplied in return for a Valuation of a Vehicle.
1.6. “Valuation” shall refer to the monetary estimate for a Vehicles value based on information submitted on the Quote Form by the customer regarding the Vehicle.
1.7. “Vehicle” shall refer to any Vehicle including an End of Life Vehicle as defined by the End-Of-Life Vehicle Regulations 2003.
1.8. “Complete Vehicle” means a Vehicle which contains all of the essential components that a reasonable person would expect it to contain including, without limitation, wheels with fully inflated tyres, an engine, a gearbox, coachwork and a catalytic converter (if originally fitted)
2. BACKGROUND TO THE SERVICE
2.1. The purpose of the Service on our Website is to provide you with a Valuation for your Vehicle on behalf of our Approved Vehicle Collector.
2.2. We shall not, under any circumstance whatsoever, carry out the Collection, Salvage or Disposal of your Vehicle. Any such Agreement relating thereto shall be strictly between you and the Approved Vehicle Collector.
3. VALUATION AND OFFER
3.1. A Valuation of your Vehicle will be provided once you’ve received a phonecall from the Approved Vehicle Collector after you have completed the Quote Form on our Website. The Valuation will be based on what you tell us about your Vehicle.
3.2. An Offer will be made by the Approved Vehicle Collector for your Vehicle once an on-site inspection of your Vehicle has been completed by the Approved Vehicle Collector. This is to make sure that the information you have provided us is correct. If we consider that the Value of your Vehicle is affected by any aspect which was not made clear to us when providing the Valuation, the price that is Offered will differ from the original Valuation.
3.3. The Acceptance of the Offer shall be confirmed once you have signed the Vehicle Collection Agreement provided by the Approved Vehicle Collector.
3.4. We reserve the right to withdraw the Offer on the Approved Vehicle Collector’s behalf at any time up until the Offer has been Accepted in accordance with Section 3.3 above.
4. YOUR OBLIGATIONS
By completing the Quote Form, you represent and warrant that:
4.1. All information supplied by you in relation to the Vehicle is true and accurate.
4.2. You are over the age of 18 and legally capable of entering into a contract to sell the Vehicle.
4.3. You are the sole legal owner of the Vehicle and will produce proof of identity and all relevant ownership documents in relation to the Vehicle upon our request.
4.4. There is no finance outstanding on the Vehicle and no other person has any legal claim to the Vehicle.
4.5. You have expressly disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects and mechanical defects of the Vehicle.
4.6. The Vehicle is available to be inspected and collected at a location which is accessible (by a standard recovery vehicle) which shall comprise of ground which is solid enough to reasonably allow access to the Vehicle by the recovery vehicle which will be situated within five metres, allowing the Vehicle to either be driven or moved by means of winch or overhead crane directly onto the recovery vehicle without obstruction.
4.7. The Vehicle is free from any dangerous, harmful or hazardous materials, personal belongings and waste or refuse.
4.8. The keys, log book, service history, MOT certificate, user manual and any accessories for the Vehicle are handed over to us upon our request.
5. PRICES AND PAYMENT
5.1. The price for your Vehicle shall be based on the conditions under Clause 3.1 and 3.2.
5.2. Payment shall be made in cash in pound sterling once the Offer has been Accepted in accordance with Clause 3.3.
6. COLLECTION TIMES
6.1. Vehicles shall be collected between the business hours of 9.00am – 5.30pm UK Greenwich Mean Time, Monday to Friday, excluding public holidays.
6.2. Vehicles may also be collected on a Saturday or Sunday subject to our discretion.
7.1. Either party may terminate this Agreement with immediate effect by providing notice to the other party at any time up until the Offer is Accepted in accordance with Section 3.3.
7.2. For the purpose of 7.1 above, notice of cancellation shall be given by way of electronic mail to the parties last know e-mail address.
8.1. By agreeing to these terms, you shall indemnify Us against any liability which shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal expenses and other fees incurred or suffered as a result of your breach or non fulfilment of the terms of this Agreement.
8.2. You shall further indemnify Us against any liability which shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal expenses and other fees incurred or suffered as a result of the negligent act or misconduct of the Approved Vehicle Collector.
9. DISCLAIMER – IT IS IMPORTANT THAT YOU READ THIS
9.1. With the exception of any rights which you may have under applicable law, all warranties, conditions and other terms implied by statute or common law are hereby expressly excluded from this Agreement to the fullest extent permitted by law.
9.2. We disclaim all liability for any consequential loss arising from, or in connection with, the Service provided by us or a third party.
9.3. For the purpose of this Agreement, ‘Consequential loss’ shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity.
9.4. This Agreement shall not disclaim any liability for personal injury or death arising from our own wilful misconduct or negligence.
10. DATA PROTECTION
10.1. We may collect, store and process data relating to you in accordance with the Data Protection Act 1998 of which we are a registered Data Controller.
11. FORCE MAJEURE
11.1. If an instance of force majeure leads to the interruption of the Services, we shall be released from our obligations under this Agreement for the period when the Services are interrupted. If in the case of force majeure the fulfilment of the Service is totally prevented on a continuing basis, then either party shall be entitled to terminate the contract.
11.2. Claims for damage shall be expressly excluded in the event of a force majeure, and this shall include but not be limited to instances of: Strikes and lock-outs, natural disasters, geological changes, severe weather, war, intervention by and state or authority.
11.3. In the event of a force majeure, we shall immediately inform you of the details of the intervening event and discuss the appropriate measures to be taken.
12. INTELLECTUAL PROPERTY
12.1. You acknowledge and agree that all Copyright, Trade Marks and other Intellectual Property Rights in relation to our Website (including without limitation the design and contents of this page) are owned by Us.
12.2. Information may be accessed, downloaded or printed only for your personal non-commercial use.
12.3. You may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, any part of the Website without our prior written permission.
13. THIRD PARTY RIGHTS
13.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than Us and You shall have any rights under it.
14.1. In the event that a provision or term of this Agreement is declared illegal or invalid or unenforceable for any reason, such terms or provisions shall be removed from this Agreement and the remainder of the Agreement shall continue in full effect.
14.2. Pursuant to Clause 14.1 above, if any term or provision is removed from this Agreement which substantially alters or affects the commercial basis of this Agreement the parties shall negotiate in good faith to amend or modify the provisions and terms of this Agreement as are necessary or desirable in the circumstances.
15. GOVERNING LAW
15.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent arbitrator and governed by and construed in accordance with English law.
15.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent arbitrator.