The terms below will apply to every purchase of a vehicle by Trade My Motor. Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis. No legally binding contract between the Seller and the Company will be formed in any circumstances until (i) the company has had the opportunity to conduct an on-site valuation of the vehicle and inspect the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a qualified mechanic on behalf of Trade My Motor (which may in some cases take place at a later date); AND (iii) the parties have entered into the company's standard written contract of purchase which incorporates the terms stated below.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
References to the "Company" or "Trade My Motor" relate to Trade My Motor Limited trading as "Trademymotor.com". References to the "Seller" relates to you, the owner of the vehicle which is the subject matter of the purchase.
I. Pre-Contract Information
a. In order to commence the purchase process, you (the Seller) must visit the Trade My Motor website: www.trademymotor.com and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail containing the valuation given for your vehicle.
b. Both valuations are provided on a "subject to contract" basis and are not legally binding. Trade My Motor reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
II. Price Quoted
a. The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT).
b. All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
c. If for some reason an error in the valuation quoted has occurred, Trade My Motor will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by Trade My Motor for accidental mistakes or errors caused by system failures.
d. Any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to Trade My Motor will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as fifty miles or over.
a. Trade My Motor will pay for the vehicle by BACS or CHAPS made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose.
b. Cleared funds may take up to 3-4 working days or within 2 hours if made via CHAPS after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
c. Trade My Motor reserves the right to pay by any other appropriate payment method when and where reasonable.
d. Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a qualified mechanic.
IV. Seller's Warranties
a. The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
b. The Seller warrants that the vehicle is not subject to undisclosed finance.
c. Unless declared on our website during the initial valuation the Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
d. The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
e. The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
f. The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
g. The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
h. The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
V. Vehicles subject to Finance
a. It is the responsibility of the Seller to disclose to Trade My Motor any existing finance associated with the vehicle.
b. Trade My Motor may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion. Trade My Motor has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
c. If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay Trade My Motor the difference between the settlement figure and the agreed sum in advance of Trade MyMotor settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated.
d. The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. Trade My Motor does not accept any liability with respect to the related finance at any time or for any reason.
e. Trade My Motor will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
VI. Property and Risk
a. Risk and property in the vehicle will pass from the Seller to the Company at the time that the written contract is signed by the Seller.
b. Failure by the Seller to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the "issue" of payment by Trade My Motor to the Seller and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the issue of the cheque (or other appropriate means of payment) to the third party.
a. The vehicle must be delivered by the Seller to designated premises allocated by Trade My Motor at the Seller's expense.
b. Collection of the vehicle directly by Trade My Motor will only be made in the most exceptional of circumstances and only by prior agreement. An additional charge may be levied in these circumstances.
a. The vehicle will be inspected by a Trade My Motor representative prior to completion of the written contract. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the online valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not disclosed affect the valuation.
b. In addition to the on-site valuation, the vehicle must be physically inspected by a qualified mechanic either before or after the Seller has signed the written contract. If the physical inspection by the qualified mechanic is carried out after the written contract has been completed and signed by the Seller, the Company may rescind the contract for any serious defect subsequently discovered in the vehicle by such inspection.
c. The physical inspection must however be conducted by the qualified mechanic on behalf of Trade My Motor within 3 working days of the written contract being signed by the Seller. Failure to have the vehicle physically inspected within this strict time period is at the risk of the Company.
IX. Miscellaneous Items
a. When the Seller delivers the vehicle, he shall provide Trade My Motor with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
X. Consequential Losses
a. The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
XI. Exclusion of Liability
a. The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
a. The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
XIII. Third Party Rights
a. Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
XIV. Governing Law and Jurisdiction
a. The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.