1. INTERPRETATION

The following definitions and rules of interpretation apply in these Terms and Conditions.  

1.1 Definitions    

“As Is” in relation to a Vehicle sale means that the Vehicle is sold and purchased where it is in its actual state and condition as at the Point of Sale, including with any faults and defaults affecting the vehicle (if any). The Contract for Sale shall not contain any condition, warranty or other term as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle, All such conditions, warranties and other terms are excluded in respect of any Vehicle sold “As Is” to the extent permitted by law. Whether or not the Buyer has had the opportunity physically to inspect the Vehicle shall not prevent the Vehicle from being sold “As Is”; 

“Auction” means any auction (of any format or type) of a Vehicle operated by CCA; 

“Auctioneer” means CCA or any employee or agent of CCA who conducts auctions by accepting bids and declaring goods sold;  

“Buyer” means any participant in an Auction who may bid on a Vehicle and the ultimate buyer of a Vehicle offered for sale by a Seller following the highest bid accepted by the Auctioneer, including, in the case of online Auctions, by or through the CCA Website at the Point of Sale. Reference to the Buyer shall, where the context so requires, include any authorised registrant on the Buyer’s account with CCA; 

“Point of Sale” means when the Auctioneer announces completion of sale of the Vehicle by the fall of the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another customary manner; 

“Price” means the highest bid accepted by the Auctioneer for the sale of that Vehicle; 

“Reserve Price” means the minimum price that the Seller is willing to accept for the Vehicle being at an Auction; 

“Salvage” means any vehicle which is flagged used unrecorded or stolen recovered; 

“Seller” means the seller or prospective seller of a Vehicle at an Auction on whose behalf the Auctioneer is auctioning the Vehicle. Reference to the Seller shall, where the context so requires, include any authorised registrant on the Seller’s account with CCA;  

“Total Loss” means any vehicle which has been categorised as A, B, S, N, C or D on the MIAFTR/ABI database; 

“Vehicle” means any kind of motor car, motor cycle or motorised caravan, every kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and electrical plant and equipment. 

1.2 Illustrations and photographs of the Vehicle published by CCA on the CCA website or elsewhere are for identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the colour(s) or true state and condition of the Vehicle. 

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

2. SELLER’S WARRANTIES 

2.1 In respect of each Vehicle, the Seller warrants to both CCA and the Buyer that, unless specifically stated otherwise by the Seller at the time of the Point of Sale: 

2.1.1 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle free from all liens, charges, encumbrances and third party claims; 

2.1.2 the sale of the Vehicle shall be in full accordance with terms implied by Sections 12(1) and 12(2) of the Sale of Goods Act 1979; 

2.2.2 the Vehicle has its proper registration number and vehicle identification number; 

2.2.3 the Vehicle has not been treated as a Total Loss;  

2.2.4 the Vehicle has not been used as a taxi or private hire vehicle; 

2.2.5 the Vehicle has not been imported; 

2.2.6 the Vehicle has not been stolen; 

2.2.7 if the Vehicle has a cherished registration plate which is to remain assigned to the Vehicle, the Seller has the absolute right to sell the right to use that cherished plate along with the Vehicle;  

2.2.7 the Vehicle has not been treated as Salvage; and  

2.2.8 the Vehicle mileage as displayed on the odometer is correct and has not been altered. 

2.2 If the Vehicle has a cherished registration plate which is not to be sold with the Vehicle, the Seller must confirm that to the Auctioneer and take full responsibility for arranging to retain the cherished plate. For the avoidance of doubt, the Auctioneer shall have no liability for or be responsible for any losses incurred by the Seller for the Seller failing to make the necessary arrangements to retain the cherished plate. 

2.3 The Seller warrants and confirms that all information provided to the Auctioneer and Buyer of the Vehicle is entirely correct and accurate.   

2.4 The Seller accepts and acknowledges that it shall not enter into any other contract for the sale of the Vehicle than via the Auction unless the Seller otherwise advises the Auctioneer of its intention to withdraw the Vehicle from the auction. 

2.4.1 The Seller acknowledges that it is responsible for any losses incurred by the Auctioneer or the Buyer of the Vehicle following a breach of clause 2.4. 

2.5 The Seller accepts and acknowledges that the Vehicle will be sold without a Reserve Price unless the Seller intimates to the Auctioneer before the bidding commences that it wishes a Reserve Price placed upon the Vehicle. 

2.5.1 Where a Seller details a Reserve Price, the Vehicle will not be sold unless the highest bid meets or exceeds the Reserve Price unless the Seller authorises the sale during the Vehicle bidding process.  

3. ACCEPTANCE OF VEHICLES BY THE AUCTIONEER 

3.1 In order for the Auctioneer to enter a Vehicle into an Auction, the Seller shall: 

3.1.1 Create an account with the Auctioneer and provide the Auctioneer with all evidence as may be requested from time to time to verify the identity of the Seller; 

3.1.2 Make the Vehicle available for Auction by delivering the Vehicle to the agreed site of the Auctioneer; 

3.1.3 Provide the Vehicle registration document or any substitute for that document as agreed with the Auctioneer; 

3.1.4 Provide the keys, fobs, codes, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle; and  

3.1.5 Where it provides information regarding the Vehicle to the Auctioneer online, all information provided shall be deemed to be provided by or on behalf of the Seller. 

3.2 Notwithstanding clause 3.1.3, the Auctioneer may, at its sole discretion, accept a Vehicle into an Auction despite failure by the Seller to deliver the Vehicle registration document or any substitute document as agreed with the Auctioneer. The Auctioneer shall disclose this information to potential Buyers in the pre-sale Vehicle information. 

4. THE AUCTION  

4.1 The Auctioneer reserves the right to refuse the bid of any person without giving any reason and shall regulate the bidding as they see fit.   

4.2 Each Vehicle shall be sold to the highest bidder and in the event of any dispute between bidders regarding any Vehicle sale, such dispute shall be referred to the Auctioneer for its decision which is final and binding. The Auctioneer shall have absolute discretion to cancel the contract for sale and to offer the Vehicle for sale either during the same Auction, or in any subsequent Auction.  

4.3 In the event that the Auctioneer cancels a contract for sale in accordance with clause 4,2, neither the Buyer or Seller shall be entitled to rely on the original contract for sale for any purpose whatsoever, except that the Buyer may be entitled to the return of any monies paid by it in connection with such original contract for sale.  

4.4 The Auctioneer reserves the right to bid as agent for any prospective Buyer. Any instructions which are accepted by the Auctioneer are at the prospective Buyer’s risk.  

4.5 The Seller may: 

4.5.1 Withdraw a Vehicle from the Auction at any time before the Point of Sale; or 

4.5.2 Bid for a Vehicle themselves up to the Reserve Price for the Vehicle. 

4.6 The Auctioneer at its absolute discretion may withdraw a Vehicle from an Auction if in its opinion: 

4.6.1 The bidding does not reach a reasonable level; or  

4.6.2 There are other reasonable grounds for withdrawing the Vehicle.  

4.7 Subject only to clause 5.2 and clause 7, each Vehicle shall be sold “As Is” unless specifically stated otherwise in the pre-sale information and/or the information provided to the Auctioneer by the Seller prior to the sale. The Auctioneer may, but is not obliged to, announce that a Vehicle is being sold “As Is”.  

4.8 The Auctioneer reserves the right without any reason being given: 

4.8.1 to refuse to allow any person to enter the Auction premises or participate in an Auction; 

4.8.2 to refuse to allow any Vehicle to be brought onto the Auction premises or to be entered into an Auction; 

4.8.3 to require the Seller to immediately remove a Vehicle from the Auction premises, and if the Seller fails to do so, carry out such removal and to recover the cost of such removal from the Seller including daily storage charges of £10 per day that the Vehicle remains on the Auctioneer’s premises; 

4.8.4 to charge interest on any overdue payments owed to it by either the Seller or the Buyer at the then applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998; and  

4.8.5 to withdraw or suspend any facility made available by the Auctioneer to the Seller or Buyer, including, but not limited to, account holder rights. 

5. THE CONTRACT FOR SALE OF VEHICLES  

5.1 The parties to the contract for sale are the Buyer and the Seller of the Vehicle. The Auctioneer is not a party to the contract for sale and is not liable for any breach of such contract by either the Buyer or the Seller.  

5.2 Unless disclosed in the information provided to the Auctioneer, the Seller warrants to the Buyer that the Vehicle:  

5.2.1 has not been treated as a Total Loss; 

5.2.2 has not sustained serious accident damage; 

5.2.3 has not been imported; 

5.2.4 has not been stolen and subsequently recovered; 

5.2.5 has not been used as a taxi or private hire vehicle; and 

5.2.6 has not been treated as Salvage. 

5.3 The Seller further warrants to the Buyer that any description of the Vehicle by the Auctioneer or information disclosed by the Auctioneer in any pre-sale information shall be reasonably accurate.  

5.4 Other than as set out in this clause 5 and clause 7, all conditions, warranties and other terms (whether express or implied) are excluded from the contract for sale of the Vehicle to the fullest extent permitted by law.  

6. LIMITATIONS ON LIABILITY 

6.1 Nothing in these Terms and Conditions shall limit or exclude the liability or remedy of any party for: 

6.1.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors; or 

6.1.2 fraud or fraudulent misrepresentation; or 

6.1.3 any act, omission or matter, liability for which may not be excluded or limited under     applicable laws.  

6.2 Nothing in these Terms and Conditions shall limit or exclude the liability of the Seller or remedy of any other party for breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982. 

6.3 Subject to condition 6.1, the Auctioneer shall not be liable to the Buyer or Seller whether in contract, delict (including negligence), breach of statutory duty, misrepresentation, or otherwise, for: 

6.3.1 loss of profits; 

6.3.2 loss of sales or business; 

6.3.3 loss of agreements or contracts; 

6.3.4 loss of anticipated savings; 

6.3.5 loss of use or corruption of software, data or information; 

6.3.6 loss of or damage to goodwill; 

6.3.7 pure economic loss; and/or 

6.3.8 indirect or consequential loss. 

6.4 The Auctioneer’s total liability to the Buyer and the Seller arising under or in connection with the sale and purchase of any Vehicle, and the provision of the Auction and related services, whether arising in contract, delict (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to the Price paid for the Vehicle by the Buyer and shall be subject to the Buyer and/or the Seller notifying the Auctioneer of a claim in writing (and email shall be sufficient) within the applicable time limits specified in these Terms and Conditions, or if no such time limit is specified, within 28 days after the date of the contract for sale. 

7. AUCTIONEER WARRANTIES  

7.1 In relation to each Vehicle entered into Auction by the Auctioneer, the Auctioneer warrants to the Buyer that: 

7.1.1 The Vehicle has been accepted by the Auctioneer in good faith; 

7.1.2 The Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;  

7.1.3 The Vehicle’s mileage indicated by the odometer can be considered as accurate if and to the extent announced by the Auctioneer or disclosed in the pre-sale Vehicle information that the Vehicle’s mileage is warranted. Otherwise, the Auctioneer gives no warranty 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 may be incorrect. If the Buyer discovers any mileage discrepancies after sale of the Vehicle without warranted mileage, then it is the responsibility of the Buyer to investigate and resolve these and neither the Auctioneer nor the Seller accepts any liability in respect of any such discrepancies.  

7.1.4 Unless the Vehicle is sold and purchased “As Is”, the Auctioneer will announce prior to the contract for sale and/or the relevant pre-sale information will disclose, if applicable, that the Vehicle: 

7.1.4.1 has not been treated as a Total Loss;  

7.1.4.2 has not sustained serious accident damage; 

7.1.4.3  has not been imported; 

7.1.4.4 has not been stolen and subsequently recovered; and 

7.1.4.5 has not been used as a taxi or private hire vehicle. 

7.2 In the event of a breach of any warranty set out in clause 7.1, the Buyer’s sole and exclusive remedy against the Auctioneer shall be in contract for breach of these terms and conditions. Any such claim shall be subject to the limitations on the Auctioneer’s liability as set out in clause 6.  

7.3 For the avoidance of doubt, unless expressly stated in this clause 7, the Auctioneer gives or makes no undertaking, warranty or representation with regard to any Vehicle.  

8. BUYER WARRANTIES  

8.1 The Buyer warrants and represents to the Auctioneer that, if it participates in any Auction, in any format, it does so in the course of business and not as a private consumer.  

8.2 The Buyer accepts that where it participates in any Auction in any format (including online), the Consumer Contracts (Information, Cancellation and Additional Charges) Protection Regulations 2013, the Consumer Rights Act 2015 and any other consumer protection legislation in force from time to time, or common law relating to consumer protection, do not apply to both the sale and purchase of any Vehicle.  

8.3 Prior to placing a bid on any Vehicle at Auction, the Buyer shall satisfy itself regarding the value and condition of the Vehicle by inspecting it (if applicable) and/or making such other background checks as a reasonable buyer would make.  

8.4 If a cherished vehicle registration plate is assigned to the Vehicle at the date of the Auction but it is not to be purchased with the Vehicle, this shall be disclosed in the pre-sale Vehicle information and/or announced by the Auctioneer, and the Buyer will be obliged to co-operate in the retention of the cherished registration plate by the Seller.  

8.5 The Buyer warrants to the Auctioneer that all information provided by it to the Auctioneer including, but not limited to, proof of identity, shall be true, accurate and complete. It is the obligation of the Buyer to notify the Auctioneer of any changes or updates to such information as soon as reasonably practicable following such change or update.  

8.6 The Auctioneer reserves the right to suspend or withdraw the Buyer’s account at any time and for any reason, and without providing any reason for such suspension or withdrawal. The Auctioneer’s decision to suspend or withdraw any Buyer’s account is final.  

8.7 The Buyer agrees that if any Vehicle is in such a condition that it is unroadworthy or cannot otherwise be used lawfully on the road, and/or does not have a valid Driver and Vehicle Standards Agency MOT test certificate or other documents required by law, the Buyer shall not use the Vehicle on any road or remove it from its location following the Point of Sale until it is roadworthy, can be used lawfully on the road and has all necessary documents.  

8.8 If the Buyer intends to use the Vehicle on the road immediately on its sale at Auction, the Buyer warrants that the Vehicle is in a condition whereby it is able to lawfully do so.  

9. RESCISSION  

9.1 The Seller and Buyer agree that, without prejudice to any other rights or remedies available to the Buyer against the Seller, the Auctioneer shall be entitled to, and shall at its discretion accept a request made by the Buyer to rescind a contract for sale, provided that the conditions set out in clause 9.2 are met and that the rescission request from the Buyer is based on one or more of the following grounds: 

9.1.2 the Vehicle has been treated as a Total Loss but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or 

9.1.2 the Vehicle was not sold and purchased “As Is” and: 

9.1.2.1 the Vehicle has sustained serious accident damage but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or  

9.1.2.2 the Vehicle was used as a taxi or private hire Vehicle but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or 

9.1.2.3 the Vehicle was imported but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or  

9.1.2.4 the Vehicle was stolen and recovered prior to sale at Auction but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or 

9.1.2.5 the Vehicle was not in such a condition as would allow it to be lawfully used on the road but this information was neither disclosed in the Vehicle pre-sale information nor announced by the Auctioneer; or 

9.1.2.6 it was announced by the Auctioneer or disclosed in the relevant pre-sale Vehicle information that a Vehicle’s mileage was warranted but such mileage was not reasonably accurate; or  

9.1.2.7 the age of the Vehicle was misrepresented either in the relevant pre-sale Vehicle information or by the Auctioneer.  

9.2 The Auctioneer shall have no liability to the Seller by reason of the fact that a contract for sale has been rescinded, except where liability cannot be excluded by law. 

10. AUCTIONEER ASSIGNED CONDITION GRADE  

10.1 The Auctioneer may use the NAMA grading system (https://www.nama-uk.com/grading/what-is-auction-grading). 

10.2 The Auctioneer excludes all liabilities to the fullest extent permitted by law for any losses the Buyer or Seller may suffer as a result of the NAMA grading provided to any Vehicle which the Seller or Buyer either purchases or sells at Auction. 

11. AUCTIONEER FEES  

11.1 The Auctioneer shall, at its entire discretion, vary charges payable by the Buyer and Seller of any Vehicle to the Auctioneer at any time. 

12. VEHICLE OWNERSHIP AND RISK  

12.1 Ownership of the Vehicle shall not pass to the Buyer, and the contract for sale shall not be completed, until the Buyer has paid to the Auctioneer the Price, Buyer’s fee, and all other applicable charges in full in cleared funds. Until ownership passes, the Vehicle shall remain the property of the Seller, and the Seller reserves the right to dispose of the Vehicle.  

12.2 The Price, Buyer’s fee and all other applicable charges must be paid by the Buyer to the Auctioneer in cleared funds before the Vehicle is released to the Buyer.  

12.3 From the point of delivery of a Vehicle to the Auctioneer, whether at the Auction premises or elsewhere, the Vehicle is entirely at the risk of the Seller until risk in the Vehicle passes to the Buyer. For the avoidance of doubt, risk passes to the buyer from when a contract for sale is formed and regardless of the terms of clause 12.1, the Vehicle is at the risk of the Buyer.  

13. SELLER’S PAYMENT 

13.1 The Auctioneer shall not be obliged to pay the Seller unless and until the Auctioneer has received payment in full in cleared funds from the Buyer. 

13.2 The Auctioneer, at its sole discretion and without notice to the Seller, deduct from, or set off against, any payment made to the Seller: 

13.2.1 any unpaid claim which the Auctioneer may have against the Seller; or 

13.2.2 any debt or other liability owed by the Seller to the Auctioneer whether owed under these terms and conditions or any other agreement between the Seller and the Auctioneer. 

13.3 If the contract for sale is cancelled or rescinded, the Auctioneer shall be entitled to withhold the Price from the Seller and to refund the Price to the Buyer. 

13.4 If the Auctioneer has reasonable grounds to believe: 

13.4.1 that the Seller was not entitled to sell the Vehicle; or  

13.4.2 that the Seller should have notified the Auctioneer in the pre-sale information provided, or otherwise, that they were not the owner of the Vehicle but failed to do so; or  

13.4.3 that any facts which the Seller notified to the Auctioneer in the pre-sale information provided, or otherwise, concerning the ownership of the Vehicle were inaccurate;  

Then the Auctioneer shall be entitled to withhold any sum which would otherwise be payable by the Auctioneer to the Seller until the Seller establishes to the reasonable satisfaction of the Auctioneer that the Seller was not in breach of any express or implied term of the contract for sale. If that cannot be established within a reasonable time (as determined at the sole discretion of the Auctioneer, acting reasonably), the Auctioneer shall have the right: 

To retain any such sums until all questions of title have been resolved; and 

To pay any such sums to anyone who, to the reasonable satisfaction of the Auctioneer, establishes title to the Vehicle. 

13.5 The Seller shall indemnify the Auctioneer against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Auctioneer arising out of or in connection with the Auctioneer retaining any sums in accordance with clause 13.4.  

14. BUYER FEE 

14.1 The Auctioneer shall charge the Buyer and the Buyer shall pay to the Auctioneer a Buyer’s fee, which will be charged on the Price, in respect of the services provided by the Auctioneer.  

14.2 It is a condition of the contract for sale that when the Buyer pays the Price of the Vehicle, it shall also pay to the Auctioneer the Buyer’s fee then applicable.  

14.3 It is a condition of the contract for sale that, if the Buyer’s fee is not paid, the Buyer: 

14.3.1 shall not be entitled to have the Vehicle released to them; 

14.3.2 shall be deemed for all purposes to have failed to pay the Price in full; and  

14.3.3 shall be liable to the Auctioneer and the Seller to pay the Price in full.  

15. DEFAULT 

15.1 If the Buyer fails to adhere to and/or comply with its obligations to make payment for the Vehicle (including but not limited to the Buyer claiming a chargeback on their bank card), the Auctioneer shall be entitled to the following:  

15.1.1 to sue the Buyer for the Price plus any applicable Auction charges; 

15.1.2 without prejudice to any other rights which the Seller may have against the Buyer for breach of contract or otherwise, immediately as agent for the Seller to treat the contract for the Vehicle sale as having been discharged by the Buyer’s breach; 

15.1.3 to exercise all the Seller’s rights to end or avoid the contract for the Vehicle sale 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; and 

15.1.4 to re-enter the Vehicle into an Auction, or otherwise offer the Vehicle for sale. 

15.2 If the Buyer fails to adhere to and/or comply with its obligations to make full payment for the Vehicle within two working days from the Point of Sale, the Auctioneer reserves the right to charge the Buyer £10 per day for each day payment in full is not received. For the avoidance of doubt, this right does not prejudice the Auctioneer’s rights detailed at clause 15.1.  

15.3 If the Buyer does not remove the Vehicle from the Auctioneer’s premises within five days from the Point of Sale, the Auctioneer reserves the right to charge the Buyer a fee of £10 per day for each day that the Vehicle remains on the Auctioneer’s premises.  

16. VAT 

16.1 The Auctioneer acts on behalf of the Seller as a disclosed agent. The Auctioneer generates an invoice to the Buyer on behalf of the Seller for the sale of the Vehicle.  

17. GENERAL 

17.1 The Auctioneer may, during the course of providing a service, process personal data where it requires certain information from individuals or businesses. All personal data collected by the Auctioneer for such purposes shall be in accordance with the Auctioneer’s privacy policy which can be found at https://www.centralcarauctions.com/privacy-policy/ and shall fully comply with the Data Protection Act 2018 and other relevant legislation.  

17.2 Any third party content included in the Auctioneer’s website or any platform of the Auctioneer is not vetted by the Auctioneer. The Auctioneer does not accept any liability in respect of any such third party content or any errors or omissions including any loss suffered by any person as a rest of such content, error or omission.  

17.3 No person shall make use of the Auctioneer’s intellectual property other than for the strict purpose of using the Auctioneer’s system or documentation provided or produced by the Auctioneer in connection with the sale and/or purchase of the Vehicle. 

17.4 These terms and conditions form the entire agreement between the Auctioneer and Seller; Auctioneer and Buyer; and the Seller and Buyer in relation to the sale and/or purchase of a Vehicle. In the event of contradictory terms or previous agreements, warranties, assurances or understandings between the parties, whether written or oral, these terms supersede any previous terms agreed.  

17.5 These terms and conditions do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of this agreement.  

17.6 These terms and conditions 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 governed by and construed in accordance with the law of Scotland. 

17.7 The Scottish courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims. 

17.8 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.