TERMS AND CONDITIONS
IMPORTANT This is a legal agreement between Agnew Trade Centre (NI20615) whose registered office is at 18 Boucher Way, Belfast BT12 6RE ("Agnew") and the user ("you" or "your") of the used vehicle auction website at URL www.agnewtradecentre.com ("Website"). Please read the following terms and conditions carefully.
1.1 The Website is operated by Agnew acting as agent on behalf of sellers of motor vehicles (“Sellers”). In agreeing to be bound by these Terms you acknowledge that (i) should your bid be successful you will be contracting directly with the Seller and not with Agnew and (ii) these Terms may be enforceable by us or any Seller against you. Any claim by you in respect of any items purchased under the Website may be administered by Agnew as agent but shall be made against the relevant Seller and not, under any circumstances, against Agnew. The Seller will invoice you directly in respect of any sale of Goods.
1.3 If you do not register and agree to these Terms you may not access or otherwise use the Website.
1.4 By accepting these Terms you acknowledge that you have been, or will be, given the opportunity to inspect the motor vehicle, upon which you bid, on site in advance of the live auction and satisfy yourself as to the appearance, quality and description. It is not possible to test drive any motor vehicles in advance of the auction.
2. STATUS OF THESE TERMS
2.1 From time to time Agnew may modify these Terms. We will not notify you of changes to these Terms but will post the updated terms (which may be a URL link to the updated terms) on the Website.
2.2 You agree to be bound by the new Terms from the date they are posted on the Website and your continued use of the Website shall be deemed acceptance of the changes. Accordingly please continue to review these Terms whenever accessing or using the Website and in particular prior to submitting bids though the Website's auction facility. These Terms apply to all parts of the Website to which you may have access from time to time.
3. YOUR OBLIGATIONS
3.1 You agree to provide further information (including references) if required in relation to your registration. Agnew reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfill the criteria for membership of the Website or have otherwise breached these Terms.
3.2 It is your responsibility to notify Agnew immediately if any of your registration details change by sending an email to: firstname.lastname@example.org
3.3 On registration you will be asked to select a user name and password.
3.4 You are responsible for the use and security of your password and ID log-in and for ensuring full compliance with these Terms.
3.5 You are responsible for keeping your password and ID log-in code confidential and must notify us immediately if you suspect unauthorised use by a third party.
3.6 In the event of a security breach, you will be given the ability to change your ID and password which you must do immediately.
3.7 You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website.
3.8 You shall not allow authorised third parties to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
3.9 You shall not permit any person under the age of 18 to take part in an auction on the Website.
3.10 You will use your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any other information to Agnew.
4. BIDDING PROCESS
4.1 "Goods" means any vehicles available as part of an auction on the Website.
4.2 Full instructions on how to bid for Goods and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions will be subject to these Terms.
4.3 A bid may not be withdrawn after it is placed.
4.4 No person may submit a bid for Goods which is less than the sum specified from time to time by Agnew in relation to those Goods.
4.5 To be the winning bid, the bid must be the highest bid of the auction and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of each auction.
4.6 When the auction closes, the agreement for the purchase of the Goods becomes binding on you.
4.7 If your bid is followed by a higher bid which is later removed by Agnew for any reason, it will be open to Agnew to accept your bid, as though the higher bid had never been made.
4.8 Agnew reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
4.9 If your bid is successful, Agnew will confirm this by email or telephone together with dates and time for collection of the Goods and how to pay.
4.10 Agnew is not obliged to assist in any disputes between bidders.
5.1 All Goods must be paid for in cleared funds in pounds sterling within 72 hours by bank transfer or electronic Switch payment to the bank account of the relevant Seller as set out in the invoice for the vehicle. Invoices shall be raised by a Seller and these Terms shall apply to the payment of that invoice.
5.2 Where payment is overdue, Agnew reserves the right to:
5.2.1 charge interest on late payments at an annual rate of 2% above the base lending rate of Barclays Bank (from time to time); and/or
5.2.2 treat the bid as having lapsed and offer the Goods to other parties.
5.3 You agree to pay all taxes which may arise out of the sale.
5.4 You shall have no right to set off amounts owed to you by Agnew to pay for the Goods.
5.5 You are responsible for:
5.5.1 complying with all legal requirements in relation to use and maintenance of the Goods;
5.5.2 obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere; and
5.5.3 payment of all taxes (if any) arising with the supply of the Goods.
6.1 Title in the Goods shall not pass to you until Agnew (or the relevant Seller) is in receipt of cleared funds for the Goods.
6.2 You shall at your own expense collect the Goods purchased but not before payment in cleared funds has been received in accordance with the payment terms.
6.3 You shall be responsible for any removal, storage and insurance charges on any Goods not collected within 7 working days after the day of the auction. Once payment is received, title and risk in the goods passes to you.
7.1 Nothing in these Terms shall operate to exclude or restrict either party's liability for:
7.1.1 death or personal injury resulting from negligence;
7.1.2 breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
7.1.3 fraudulent misrepresentation.
7.2 You acknowledge that you have not relied upon any representation made to you by Agnew, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to auction and that you have been given the opportunity to inspect the Goods in advance of the bidding process.
7.3 The Goods are previously owned vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Goods and should exercise and rely on their own judgment as to whether the Goods accords with any description. None of the photographs or illustrations of Goods available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. ACCORDINGLY, ALL CONDITIONS AND WARRANTIES IMPLIED BY LAW, TRADE, CUSTOM OR PRACTICE ARE HEREBY EXCLUDED SUBJECT TO CLAUSE 7.1 ABOVE AND EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS OTHERWISE PROHIBITED BY ANY LAW.For the avoidance of doubt, nothing in these Terms shall exclude the application of the “reasonableness” test pursuant to section 11 of the Unfair Contract Terms Act 1977.
8.1 You agree that should any liability to you arise, your sole remedy in respect of any claim in relation to the Goods, however such claim arises, shall in all cases be limited to the price paid for the Goods, and shall only be available if the Goods have not been reused.
8.2 Agnew shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect).
9. INTELLECTUAL PROPERTY, LICENCES AND DOWNLOAD RIGHTS
9.1 The Website (including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content) is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with Agnew, which is either owned by Agnew or licensed to it by third parties.
9.2 You will not acquire any rights or licences in or to the Website or any other content other than the limited rights to use the Website in accordance with these Terms.
9.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse, engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
9.4 Downloading the content is permitted by Agnew provided that:
9.4.1 You make no more than one printed copy of such download and no further copies of such printed copies are made.
9.4.2 You retain on such downloads and/or printed copies or copyright notices and shall remain bound by the terms of such wording and notices.
9.5 You agree that Agnew may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data you provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 (as amended) generally.
10. WARRANTY IN RESPECT OF WEBSITE CONTENT
10.1 The Website and the content are provided on an "as is" and "as available" basis by Agnew.
10.2 Subject to the provisions of these Terms in relation to the purchase of Goods:
10.2.1 Agnew does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that Agnew is permitted by law;
10.2.2 Agnew excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out on these Terms;
10.2.3 Agnew should not be liable to you or any third party resulting from any unauthorised access to the Website;
10.2.4 Agnew does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms or trojan horses and Agnew is not liable for any damage you may suffer as a result of such destructive features;
10.2.5 Agnew shall not be held responsible for content provided by third parties or for the content of or use of third party sites to which there is a link in the Website; and
10.2.6 Agnew is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
11. DATA AND PRIVACY
12. CHANGES TO THE WEBSITE
12.1 You accept that Agnew has the right to change the content or technical specifications of any aspect of the Website at any time at Agnew's sole discretion.
12.2 You further accept that such changes may result in you being unable to access the Website.
12.3 Agnew may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
13. NO ASSIGNMENT
You may not assign your rights or delegate your duties under these Terms.
No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
15.1 Any notice shall be given by email to the email address provided on the registration form or such other address as is provided by you to Agnew.
15.2 Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable.
No waiver by Agnew or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by Agnew to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
If any part of these Terms is held to be invalid void or unenforceable the parties agree that the remaining portions will not be affected and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these Terms will in any event remain valid and enforceable.
No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.
19. FORCE MAJEURE
19.1 "Force Majeure Event" means any circumstance beyond the control of Agnew including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
19.2 Agnew shall have no liability for any delay or failure to carry out any of Agnew's obligations under these Terms where a Force Majeure Event has occurred.
19.3 Nothing shall excuse you from any payment obligations under these Terms.
20. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of Northern Ireland and are subject to the non-exclusive jurisdiction of the courts of Northern Ireland.
21. THIRD PARTY RIGHTS
A person who is not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms other than a Seller of Goods. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
22. ENTIRE AGREEMENT
22.1 These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any previous agreement between the parties or any of them relating to such matters.
22.2 You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.
23.3 Agnew complies with the requirements and is notified under the Data Protection Act 1998 (as amended). Agnew confirms that any personal details which you provide to us or which are available to public registers from which Agnew can identify you are held in accordance with Agnew's data protection policy.
23.5 When you visit certain areas of the Website, Agnew may ask you for information about yourself. Agnew will want to know your name, company name, company address, job-function, telephone number, email address, Fax Number and any other business information. Agnew will not collect any information about you without your consent. This information will be used only for the following purposes:
23.5.1 processing any transactions;
23.5.2 for statistical purposes to improve the Website and services to you;
23.5.3 to administer the Website and to notify you of products or special offers which are in Agnew's associated partners provided that may be of interest to you.
23.6 You agree by ticking the box on the registration form that you do not object to Agnew contacting you for any of the above purposes whether by telephone email or in writing.
23.7 In the event that you do not wish to receive promotional emails from Agnew, please send an email to Agnew notifying that you no longer wish to receive promotional emails.
23.8 Agnew will not release any personal data to unauthorised third parties without your consent.
23.9 Your details will be disclosed to Agnew's associated companies and also to other carefully selected third parties. By registering on the Website you consent to Agnew passing on such details The information is kept on a secure server protected from unauthorised third parties.
23.10 Access to Agnew's service is password protected and behind a strong fire wall. Financial information, if stored, will be stored separately from any other information.
23.11 Agnew will take reasonable precautions to prevent the loss, misuse or alterations of information you give Agnew. Agnew's agents or contractors who have access to the information given to Agnew in the course of providing services and requiring to keep the information confidential and not permitting to use it for any purposes other than carrying out the services which they are performing for Agnew.
23.12 If you have given Agnew information about yourself and would like copies of the information please ask to do so.
23.13 From time to time Agnew make collect information about you which does not identify you personally. This type of information may include the type of internet browser or computer operating system which you are using and the domain name of the Website from which you are linked to the Website or advertisement.
23.14 When you view the Website or any advertisements Agnew may store some information on your computer. This information will be in the form of a Cookie or similar file and will help Agnew tailor the Website or advertisement to match your interest and preferences better.
23.15 Most internet browsers enable you to erase Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions to learn more about these functions.
23.16 You acknowledge and agree that no system or technique can guarantee the security of the information held on the Website because the Website is accessible via the internet which is a public network.
23.17 Agnew shall not be liable to you as a result of unauthorised access to the Website. The nature of the internet means that your visit will result in a transfer of information across international boundaries including countries whose data protection laws may be less stringent than in the European economic area. By visiting the Website and communicating electronically with Agnew you consent to such transfers.
23.18 You should be aware that if Agnew is requested by the Police or any regulatory or government authority for information concerning your activities whilst using the Website Agnew will comply with such request without notice to you.