Your Quote Agreement
Here are some legal words that help make our scrap car service to you just that little bit better
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 " motor-wise.co.uk " relate to Charles Trent Ltd trading as "Motor-Wise".
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/disposal request. 1.3 References to the "Agent" or 'Agents' refer to agents works for or on behalf of motor-wise.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 Motor-Wise websitewww.motor-wise.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 that will contain the given valuation.
2.3 This valuation is provided on a "subject to contract" basis and is not legally binding. motor-wise.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 and third party data. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation that cannot be relied upon by the Seller.
3.3. 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.
3.4 If for some reason an error in the valuation quoted has occurred, motor-wise.co.uk will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by motor-wise.co.uk for accidental mistakes or errors caused by system failures or third party data providers.
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 any reasonable and foreseeable losses 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 that 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 will be made by cheque or bank transfer on request of the Seller.
5.3 For bank transfer payments, 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.
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 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.
6.6 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 motor-wise.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.
7.3 Motor-wise.co.uk will complete a Certificate of Destruction (CoD) and submit this to the Drivers Vehicle Licensing Authority (DVLA) for notification. A copy of the CoD will be emailed to the Seller.
8. VEHICLES SUBJECT TO FINANCE
8.1 It is the responsibility of the Seller to disclose to motor-wise.co.uk any existing finance associated with the vehicle.
8.2 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. motor-wise.co.uk does not accept any liability with respect to the related finance at any time or for any reason.
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 motor-wise.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. INSPECTION
10.1 The vehicle will be inspected by a motor-wise.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.
11. MISCELLANEOUS ITEMS
11.1 When the Seller delivers the vehicle, he shall provide the motor-wise.co.uk agent with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), spare keys, manuals etc.
12. CONSEQUENTIAL LOSSES
12.1 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.
13. EXCLUSION OF LIABILITY
13.1 The Company does not limit its liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
14. VARIATION
14.1 The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
15. THIRD PARTY RIGHTS
15.1 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.
16. GOVERNING LAW AND JURISDICTION
16.1 The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.