Monday, June 6, 2012     17:19

Terms and Conditions


Please read these Terms and Conditions carefully as these will be binding on all users of CashYourCar.co.uk.

These Terms and Conditions apply to the exclusion of any other terms which maybe expressed or implied.

BACKGROUND

CashYourCar.co.uk is an online service:-

To start the selling process, you will need to log on to the Company’s Website and complete the online valuation process.

You will be required to provide the Company with information with regard to the Vehicle type and the condition it is in. The Company will provide you with an instant valuation if possible or will provide you with a valuation via email or telephone shortly after your submission. All valuations given will be based on the information you provide and will be subject to these Terms and Conditions. We rely on the information that you provide to us and for us to give you a valuation we have assumed that:

  • Your vehicle is not an import, ex-police vehicle, rental or driving school.
  • Your vehicle has not been written off by an insurance company or sustained accident damage.
  • Your vehicle does not have a personalised registration number plate.
  • Your vehicle has two sets of keys.
  • Your vehicle still has as a minimum of at least one month’s MOT remaining.
  • Your vehicle has no damage, including mechanical and interior.

If these assumptions are not correct then you must provide us with the correct information when instructed to do so.

When you are on our website www.CashYourCar.co.uk data is collected through cookies. Such information collection is standard and that allows us to monitor which parts of the site are visited by You but the information does not identify individuals.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

1. INTERPRETATION

The Vehicle: The car(s) or van(s) that we are purchasing from you;

The Company: CashYourCar.co.uk

You: You being legal owner of the Vehicle to be sold;

Website: www.cashyourcar.co.uk;

Working Day: A day (other than a Saturday, Sunday or public holiday in the United Kingdom) when banks in the City of London are generally open for business;

Vehicle Documentation: The spare key, any service history documentation, MOT Certificate the V5/logbook and any other documentation you have in relation to the Vehicle;

V.A.T: Value Added Tax;

2. THE VALUATION AND PRICE

2.1 - On completion of the online valuation process, the valuation will be provided instantly on screen if possible otherwise a valuation will follow shortly via email using the e-mail address you provide, or by telephone using the number you provide.

2.2 - The valuation will be provided STRICTLY on a “Subject to Contract” basis and the Company has the absolute right to withdraw the valuation at any time without any legal consequence or liability to you.

2.3 - Please note that the information provided by you will form a part of the process of obtaining the price given in the valuation. Therefore, any incorrect or misleading information will result in an inaccurate pricing valuation being given and will then be considered as void and withdrawn by the Company.

2.4 - The price valuation will be considered incorrect if the mileage information provided by you has increased significantly (fifty miles or more) from the date the Company provided the valuation to the date the Vehicle is delivered to the Company. In this instance a new price valuation will be provided to you based on the up to date mileage information.

2.5 - The Company accepts no liability whatsoever for any valuation provided which may include any unintentional mistakes or errors or by systems failure. If a mistake has been made you should notify the Company directly as soon as possible so that the mistake can be corrected and a revised valuation provided.

2.6 - All prices given in the valuation will be in pound sterling only.

2.7 - All prices given in the valuation will be inclusive of VAT.

3. VEHICLE INSPECTION

3.1 - The Company will require an on-site valuation and inspection of the Vehicle and the Vehicle documentation including service records if applicable.

3.2 - A revised valuation may need to be provided as a result of the inspection if:-

  • 3.2.1 - The Vehicle is found not to be in line with the information you provided in the online valuation information.
  • 3.2.2 - The Vehicle’s condition has significant impact on its valuation.
  • 3.2.3 - The Vehicle is found to have mechanical defects.
  • 3.2.4 - The Company becomes aware of other factors which you did not disclose but which have an impact of the Vehicles valuation.

3.3 - The Vehicle will undergo an extensive examination and road test at the Company’s option. This examination will be undertaken by a fully qualified mechanic of the Company’s choice and at a place and date as determined by the Company.

3.4 - As a result of this inspection, the Company have the right to withdraw their offer and valuation and rescind any contract with You within 4 days of inspection on the basis that any defect(s) are discovered during the course of the inspection.

4. BASIS OF CONTRACT

4.1 No binding contract will be created between the Company and You until the following has been completed:-

  • 4.1.1 - The Company has undertaken an on-site valuation and inspection in accordance with clause 3.1.
  • 4.1.2 - The Company has sent you a receipted invoice.
  • 4.1.3 - The price for the Vehicle has been agreed between You and the Company and the Vehicle, the keys and Vehicle Documentation have been left with the Company in exchange for a receipted invoice.
  • 4.1.4 - No defects were found following the extensive mechanics inspection pursuant to clause 3.3 hereof.

5. THE TERMS OF PAYMENT

5.1 - All payments made by the Company will be by BACS only to an account held in the name of the registered keeper of the Vehicle. However, the Company reserves the right to make payments by other methods when reasonable to do so.

5.2 - Payment will only be made to You using the information you provide the Company. The Company will not make any payments to a third party.

5.3 - Such payment will be made by BACS, your ability to obtain cleared funds is dependent on the banking system and the Company accepts no liability for any such delay.

5.4 - If the Company exercise their right to withdraw their offer and valuation pursuant to clause 3.4 payment will NOT fall due.

6. VEHICLES ON FINANCE

6.1 - You must inform the Company of all details of finance in connection with the Vehicle.

6.2 - The Company have complete discretion on whether they agree to settle any finance in place and are not under any duty to do so.

6.3 - If the Company agrees to settle any disclosed outstanding finance, be it in full or part payment, the Company will not accept any liability.

6.4 - You will remain fully liable to the finance company at all times until the credit agreement in place has been legally brought to an end.

6.5 - If the Company agrees to settle any finance they will use their best endeavours to settle full or part payment by the due date. However, the Company takes no responsibility or liability for the payment not being made by the due date because of unavoidable circumstances.

6.6 - If the payment required to settle the relevant finance is more than the purchase price of the Vehicle you will be liable to pay to the Company the difference between the settlement payment and the purchase price. You will be required to pay the difference between the two sums to the Company before the Company settles the outstanding payment on the finance.

6.7 - If You fail to pay the monies due so that the Company is not in full funds to settle the payment on the finance by close of business on the next Working Day from the date of the invoice the sale and purchase will be considered as automatically terminated.

7. DELIVERY/COLLECTION

7.1 - You will be responsible for delivering the Vehicle to the Company’s chosen designated premises at your own expense unless the Company has agreed to collect from the Vehicles registered address on the V5.

7.2 - On delivery or collection of the Vehicle You shall provide the Company with all the necessary documentation relating to the Vehicle which you indicated You had during the on-line valuation process including the following:-

  • 7.2.1 - V5 (log book) showing You as the registered keeper;
  • 7.2.2 - Road tax disc;
  • 7.2.3 - Spare keys;
  • 7.2.4 - Manuals;
  • 7.2.5 - M.O.T. Certificate (if applicable);
  • 7.2.6 - All Service records and invoices you may have;
  • 7.2.7 - All other documents, certificates and information.

8. WARRANTIES

We rely upon the following representations and warranties given by You in the event that we buy your Vehicle:-

8.1 - You warrant that you are the legal owner of the Vehicle, and have been for a minimum of 6 months, and you have the right to sell the Vehicle to the Company.

8.2 - You warrant that no other person has a right or claim over the Vehicle in anyway.

8.3 - You warrant that all the information you have provided to the Company, be it via the online procedure, verbally or otherwise, is accurate and true.

8.4 - You warrant that you have disclosed all information to the Company with regard to the Vehicle being subject to any finance and that the vehicle is not subject to any undisclosed finance.

8.5 - You warrant that the mileage reading on the Vehicle is accurate.

8.6 - You warrant that you have fully disclosed the following information:-

  • 8.6.1 - All physical defects with the Vehicle which the Company would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like);
  • 8.6.2 - All "title defects" which the Company would want to be informed about.

9. OWNERSHIP AND RISK

9.1 - The risk and ownership in the Vehicle will transfer from You to the Company upon receipt of clear funds from the Company by You.

9.2 - Until risk and ownership in the Vehicle has been transferred to the Company You remain fully responsible for insuring the Vehicle.

10. EXCLUSION OF LIABILITY

10.1 - The Company including its officers, employees and agents will not take responsibility or be liable for any consequential losses incurred by you (including loss of profit or other expense and compensation).

10.2 - Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence.

10.3 - These Terms and Conditions expressly exclude the Company’s liability for property damage.

10.4 - Nothing in these Terms and Conditions will affect your statutory rights.

10.5 - The Company’s maximum aggregate liability to You in connection with any Contract with You shall not exceed the Price we paid for your Vehicle.

11. THIRD PARTY RIGHTS

11.1 - A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

12. VARIATION

12.1 - These Terms and Conditions cannot be varied by oral representation or otherwise.

12.2 - Any variation to these Terms and Conditions will be made by the Company only and you will be notified in writing.

13. GOVERNING LAW AND JURISDICTION

13.1 - These Terms and Conditions shall be governed by English Law and both you and the Company agree to the exclusive jurisdiction of the English courts.

Contact Us

Click here to send us an enquiry or send us an email at this address: info@cashyourcar.co.uk