Terms & Conditions

Scratch & Dent (part of Hudson Kapel Ltd)

1. DEFINITIONS

1.1. The "Sales Co-ordinator" means Hudson Kapel Limited.

1.2. A "Bid" is an offer to buy made by a prospective purchaser for a vehicle before the sale deadline.

1.3. A "Successful bid" is an offer to buy accepted by the vendor of the vehicle.

1.4. A "Sale deadline" is defined in advance of each sale, but in default shall be by 1pm on the second day after the commencement of the sale.

1.5. The "Vendor" is the owner of the vehicle.

2. GENERAL TERMS

2.1. Any purported variation of these terms and conditions shall be of no effect unless accepted in writing by the Sales Co-ordinator.

2.2. The sales co-ordinator cannot and does not make any representations warranties or assurances or otherwise about the extent of any general or specific damage to the vehicle.

2.3. All conditions, warranties or representations expressed or implied by statute, common law or otherwise in respect of parts of the vehicle are hereby excluded and the purchaser shall have no claim for rescission or damages in respect of any defect in any one or more of the said parts.

2.4. The sales co-ordinator does not have ownership, or purport to have ownership of any vehicle placed in any sale.

2.5. The vast majority of vehicles in any sale have been damaged and cannot be used without repairs being carried out.

2.6 The purchaser shall prior to the making of the contract satisfy themselves as to the condition of the paintwork, bodywork, chassis, tyres, battery, exhaust and all other electrical equipment and components of the vehicle.

2.7. The sales co-ordinator shall not be liable for any loss or damage howsoever arising to any vehicles on Hudson Kapel Ltd’s premises save where such loss or damage is caused by negligent or wilful act or default of Hudson Kapel Ltd’s agents or servants.

2.8. It is the prospective purchasers responsibility to check whether the vehicles are recorded on any statutory or voluntary register. Please note that whilst some vehicles are offered for sale as uncategorized Hudson Kapel Ltd will not be held responsible if a subsequent third party agent places a categorization on the said vehicle.

3. OFFERS TO BUY

3.1. By making a bid, the bidder is bound by these terms and conditions.

3.2. Any bid or offer to buy must be made in writing which can be by facsimile, e-mail, sealed box or in the ordinary post so that it is received by the sales co-ordinator by the sale deadline.

3.3. All bids are opened after the sale deadline. Bids made or arriving after the sale deadline are considered unsuccessful bids.

3.4. Successful bidders will be notified by the sales co-ordinator directly.

3.5. Successful bidders are required to transfer funds via electronic bank transfer to the vendor within TWO days of notification of their successful bid. Failure to do so makes the bid voidable and the vehicle may at the discretion of the vendor be placed in the next sale or offered to other previously unsuccessful bidders, who will then be notified as a successful bidder pursuant to 3.4. If this is the case, the original bidder will be liable to pay the vendor any costs incurred as a result of the original bidders failure.

3.6. If for any reason the successful bidder is unable for any reason to proceed with the purchase of the vehicle, this will automatically result in instant dismissal to view and bid on any future sales. The vehicles may at the discretion of the vendor be placed in the next sale or offered to other previously unsuccessful bidders who will then be notified as a successful bidder pursuant to 3.4. If this is the case, the original bidder will be liable to pay the vendor any costs incurred as a result of the original bidders withdrawal.

3.7. The Seller does not sell the goods subject to any condition or warranty, express or implied, save those implied by the provisions of the Sale of Goods Act 1979 Section 12 (relating to the title of the Seller to the goods) so that (without prejudice to the generality of the foregoing) there is excluded:-
(a) any condition of fitness of the goods for any particular purposes;
(b) in cases where goods are sold by reference to a description, any condition that the goods will correspond with that description.

3.8. The Buyer covenants to indemnify the Seller against all liabilities, claims and demands that may at any time after the date of this agreement be incurred by or made on the Seller under the terms of the Agreement or in connection with the goods comprised in the Agreement and against all costs that the Seller may reasonably incur in resisting or defending any such claims or demands including legal costs on a full indemnity basis.

3.9. If any vehicle purchased (by a buyer who has the relevant authorization) which is categorized as a B subsequently appears back on the road the buyer who originally purchased the said vehicle will be banned forthwith from all future Scratch and Dent Sales. There will be no right of appeal.

4. COLLECTION

4.1. All successful bids are subject to an administration charge set out in the tariff schedule which is payable to Hudson Kapel Ltd prior to the removal of the vehicle.

4.2. Purchased vehicles are to be removed from the site within FIVE working days of notification of their successful bid. Vehicles not collected within this period are subject to a storage charge payable to Hudson Kapel Ltd prior to the removal of any vehicle. Please see tariff schedule for details.

4.3. Vehicles are to be collected during normal business hours, 9am to 5pm Monday to Friday. Any persons collecting outside these hours should request to do so giving 24 hours prior notice.

4.4. Failure to collect during normal business hours, or to notify Hudson Kapel Ltd, will result in either a monetary charge or necessitate a return visit during the said hours.

4.5. If assistance is needed for loading your vehicle or vehicles on to your recovery vehicle, a loading charge will be make. Please see tariff schedule for fees. If assistance is required, please contact Hudson Kapel Ltd prior to collection.

4.6. The vehicles will not be released until the vendor notifies the sales co-ordinator that they have received cleared funds. Until the successful bidder has paid in full for the vehicle or vehicles purchased and the vendor has received cleared funds, such vehicle or vehicles remain the property of the vendor and the purchaser shall indemnify the vendor against any loss or damage thereto.

Updated Jan 10^th 2006