Terms & Conditions
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
1. GENERAL CONDITIONS
1.1 References to the “we”, “us”, "Company" or "carcycle.co.uk" relate to Carcycle trading as "carcycle.co.uk".
1.2 References to the "Seller" or “Customer” relate to you, the owner of the vehicle which is the subject matter of a valuation/purchase or recycling/diposal request. 1.3 References to the "Agent" or “Agents” refer to agents works on behalf of carcycle.co.uk
2. PRE-CONTRACT INFORMATION
2.1. This document sets out the terms and conditions between you and us. It is our intention that the Service is provided and accepted on these terms. If you are a Consumer and wish to rely on any variation to these terms then you should ensure that the variation is notified to us in writing before issuing any instructions to us to carry out the Service.
2.2 In order to commence the purchase process, you (the Seller) must visit the carcycle.co.uk website www.carcycle.co.uk 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 or recycle. Once you have completed the online valuation process you will subsequently receive an e-mail which will contain the given valuation.
2.3 This valuation is provided on a "subject to contract" basis and are not legally binding. carcycle.co.uk reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
3. PRICE QUOTED
3.1 The price quoted in the valuation will be in pounds sterling.
3.2 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.
3.2. In determining the price, the value of any re-usable parts and recyclable materials may be taken into consideration and the cost of providing a disposal service has been deducted.
3.3 If for some reason an error in the valuation quoted has occurred, carcycle.co.uk will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by carcycle.co.uk for accidental mistakes or errors caused by system failures.
3.4 Any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to carcycle.co.uk 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.
4. CANCELLATION
4.1. Under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") consumers are given the right to cancel orders for services during the period of seven working days after the day on which the service being provided commences ("Cooling Off Period"). The Regulations contain several exceptions to the Cooling Off Period. These exemptions are relevant when you have asked us to make arrangements to collect your vehicle. Accordingly you acknowledge and agree that when you enter into this Contract your rights under the Cooling Off Period end. By doing this you would not be entitled to reject the Service during the Cooling Off Period.
4.2. Once you have accepted the Quotation, you may not cancel the Contract without our consent, which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation. We shall use our reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.
5. PAYMENT
5.1 All payments will be made by the collection agent.
5.2 Payments for recycled vehicles will be made in cash by the agent. Payments for vehicle valuations of 500 pounds or less will be made in cash, higher payments may be made by cheque or bank transfer.
5.3 Cleared funds may take up to 3-4 working days after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
carcycle.co.uk and its agents reserve the right to pay by any other appropriate payment method when and where reasonable.
5.4 Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a qualified mechanic.
6. SELLER’S WARRANTIES
6.1 The following warranties are valid where the information has been provided by the seller.
6.2 The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
6.3 The Seller warrants that the vehicle is not subject to undisclosed finance.
6.4 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 (unless disclosed otherwise).
6.5 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.
6.6 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).
6.7 The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
6.8 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.
6.9 The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
7. SELLER’S RESPONSIBILITIES
7.1 The “Collection Agent” is working on behalf of carcycle.co.uk and you are surrendering ownership of your vehicle to the collection agent who will follow our procedures of safe vehicle transport and disposal.
7.2 The collection agent is responsible for any payment so you must not surrender your vehicle without obtaining this payment from the collection agent.
7.3 As the current keeper and legal owner of the vehicle you are required by law to inform the DVLA (in writing by mail to: DVLA, Swansea, SA99 1BD) of the fact that you have sold your vehicle.
7.4 Any fines, charges or costs that arise after sale are the responsibility of the registered keeper/owner so you must be sure to post the completed yellow (motor trade) section of your vehicles V5C to the DVLA.
7.5 When completing the yellow (motor trade) section of the V5C it must be filled in with the company details of the collection agent (see “AGENT NAME & ADDRESS” above).
7.6 If you have requested that your vehicle must be destroyed please be sure to request a Certificate of Destruction (CoD) from the collection agent.
8. VEHICLES SUBJECT TO FINANCE
8.1 It is the responsibility of the Seller to disclose to carcycle.co.uk any existing finance associated with the vehicle.
8.2 carcycle.co.uk or its agents 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. carcycle.co.uk has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
8.3 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 carcycle.co.uk the difference between the settlement figure and the agreed sum in advance of carcycle.co.uk 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.
8.4 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. carcycle.co.uk does not accept any liability with respect to the related finance at any time or for any reason.
8.5 carcycle.co.uk 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.
9. PROPERTY AND RISK
9.1 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.
9.2 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 carcycle.co.uk 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.
10. COLLECTION
10.1 The vehicle will be collected by a local Agent at the customers conveinience
11. INSPECTION
11.1 The vehicle will be inspected by a carcycle.co.uk agent 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.
12. MISCELLANEOUS ITEMS
12.1 When the Seller delivers the vehicle, he shall provide the carcycle.co.uk agent 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.
13. CONSEQUENTIAL LOSSES
13.1 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.
14. EXCLUSION OF LIABILTY
14.1 The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
15. VARIATION
15.1 The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
16. THIRD PARTY RIGHTS
16.1 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.
17. GOVERNING LAW AND JURISDICTION
17.1 The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.