Auction Terms & Conditions
1. Our terms
1.1 These are the terms and conditions of the online vehicle auction operated by Rybrook Limited, Rybrook Cars Limited, Rybrook Motors Limited and Rycliff Cars Limited with the registered office 6 Athena Court, Athena Drive Tachbrook Park, Warwick CV34 6RT (“Seller”) through the website https://www.dealerpx.com/ (“Website”).
1.2 Please read these terms carefully.
2. Site use and registration
2.2 If you do not agree to these terms, you must not use the Website.
2.3 We recommend that you print a copy of these terms for future reference.
2.4 The following additional terms also apply to your use of the Website:
2.4.1 Terms and Conditions of Website Use https://www.dealerpx.com/terms-conditions/.
2.5 If you do not register and agree to these terms you may not access or otherwise use the Website.
2.6 By accepting these terms you are confirming that you can lawfully enter into and form contracts under applicable law and that you shall not permit any person under the age of 18 to take part in any auction on the Website.
3. Changes to the terms
3.1 From time to time the we 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.
3.2 You agree to be bound by the new terms 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.
4. Bidding process
4.1 “Vehicles” means any vehicles available as part of an auction on the Website.
4.2 Full instructions on how to bid for Vehicles 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 and the Fees. If a vehicle is subject to VAT, it will be stated in the auction listing.
4.3 From time to time the Seller may place Vehicles on the Website for auction. A listing by the Seller does not constitute an offer and such Vehicles may be withdrawn or the listing may be revised at anytime prior to the End Date (see paragraph 4.10 below).
4.4 A bid will be deemed to have been placed when such bid is received by our server. A bid is not yet placed when such bid is sent by your server.
4.5 A bid may not be withdrawn after it is placed.
4.6 Each placement of a bid will constitute a legal offer which, on acceptance by the Seller, will form an agreement which will be legally binding on the bidder.
4.7 From time to time the Seller may allocate a minimum VAT inclusive price in respect of Vehicles (“Reserve Price”).
4.8 No bid will be accepted for a Vehicle which is less than the sum specified by the Seller as a Reserve Price in relation to that Vehicle. A bid cannot be deemed to have been accepted until an invoice is produced.
4.9 To be the winning bid, the bid must be the highest bid of the auction received by the End Date (see paragraph 10 below) 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 Vehicles prior to the commencement of each auction.
4.10 We will allocate and publish on the Website a specific time and date for each Vehicle at which point further bids will not be accepted (“End Date”). When the auction closes if you have the winning bid and the Reserve Price has been met, the agreement for the purchase of the Vehicle becomes binding on you and title will pass on receipt by the Seller of cleared funds in respect of it.
4.11 The Seller 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 or errors.
4.12 Further to clause 11 above, if the auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will start again as a new auction.
4.13 If your bid is successful, the Seller will confirm this by email or telephone together with dates and time for collection of the Vehicles, and shall forward you an invoice and payment details.
4.14 The Seller will not become involved in any disputes between bidders.
4.15 All auction details including without limitation details of bidders, bidding progress, amounts and numbers will be retained for 12 months.
5.1 All Vehicles must be paid for in cleared funds in pounds sterling within 72 hours by NextGear acceptance, bank transfer or debit card as set out in the Seller’s invoice.
5.2 Time for payment is of the essence and where payment is overdue, the Seller 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 Vehicles to other parties.
5.3 You shall have no right to set off amounts owed to you by any Seller to pay for the Vehicles.
5.4 You are responsible for:
5.4.1 complying with all legal requirements in relation to use and maintenance of the Vehicles;
5.4.2 ensuring that the Vehicle is safe and obtaining all certificates, permits or other authorisations necessary before the Vehicle can be used on any road or elsewhere; and
5.4.3 payment of all taxes (if any) arising with the supply of the Vehicle.
6.1 You shall at your own expense collect the Vehicles purchased but not before payment in cleared funds has been received by the Seller in accordance with the payment terms herein together with the terms on the Seller’s invoice.
6.2 You shall be responsible for any removal and storage charges on any Vehicles not collected within five working days after the day of purchase. Once cleared payment is received, title and risk in the Vehicles 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 the Seller, its employees or agents in relation to the Vehicles unless such representation has been confirmed in writing prior to auction.
7.3 The Vehicles are previously owned vehicles and are sold with all (if any) faults and imperfections. While all reasonable efforts are made to ensure that the auction listings give a fair representation of the Vehicles, Buyers must satisfy themselves at collection as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Vehicles and should exercise and rely on their own judgement as to whether the Vehicles accord with any description. 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.
8.1 You agree that should any liability to you arise against the Seller under these terms, your sole remedy in respect of any claim in relation to the Vehicles, however such claim arises, shall in all cases be limited to the price paid for the Vehicles, and shall only be available if the Vehicles have not been reused.
8.2 We shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, loss of data, business opportunities, or damage to goodwill (whether such losses are direct or indirect).
9. No Assignment
9.1 You may not assign your rights or delegate your duties under these terms.
9.2 We may assign its rights or delegate its duties under these terms without prior notice to you.
No agency, partnership, joint venture or employee/employer relationship is intended or created by these terms.
11.1 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 the Seller.
11.2 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 the Seller or of any breach or any obligation arising under these terms shall constitute a waiver of any breach and no failure by the Seller to exercise any remedy shall constitute a waiver of the rights subsequent to the exercise 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.
15. Force Majeure
15.1 “Force Majeure Event” means any circumstance beyond the control of the Seller 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.
15.2 The Seller shall have no liability for any delay or failure to carry out any of its obligations under these terms where a Force Majeure Event has occurred.
15.3 Nothing shall excuse you from any payment obligations under these terms.
16. Governing Law and Jurisdiction
These terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
17. 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. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
18. Entire Agreement
These terms, together with the documents referred to in it, constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersede any previous agreement between the parties or any of them relating to such matters.
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.