Contents
SECTION A: Copart UK trade terms and conditions of purchase and use
This document governs all vehicles offered for sale in the United Kingdom.
SECTION B: Copart Ireland trade terms and conditions of purchase and use
This document governs all vehicles offered for sale in the Republic of Ireland.
SECTION A: COPART UK TRADE TERMS AND CONDITIONS OF PURCHASE AND USE
Last updated on: 12 November 2024
1. INTRODUCTION
You will be deemed to have accepted these Terms and Conditions when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a trade member (“Trade Member”) via the website at www.copart.co.uk “Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods), together with any additional services we offer within these Terms and Conditions, collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Member. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) or other goods that we offer for sale.
You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website. The most current form of the Terms and Conditions may be found at http://www.copart.co.uk/Content/UK/EN/Member-Terms-Conditions . Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.
In addition, our Terms of Service (“TOS”) - which may be found at http://www.copart.co.uk/Content/UK/EN/Terms-Of-Service - and our privacy policy (“Privacy Policy”) - which may be found at http://www.copart.co.uk/Content/UK/EN/Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference
2. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1 Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly, we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2 As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason, including but not limited your failure to comply with clause 11.
2.3 When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4 You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5 You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
2.6 You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7 You may authorise one other individual to submit bids on your behalf (an “Authorised Bidder”) as long as you tell us in advance that you wish to do so and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.
2.8 Apart from where we accept an Authorised Bidder, you agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.
2.9 If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.
3.2 Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3 Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.
4. MEMBERSHIP AND REGISTRATION
4.1 Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion, including but not limited to where you are associated with a delinquent member. Any membership fee paid will be non-refundable and is also non-transferrable to any other member account.
4.2 If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay a non-refundable, non-transferrable registration fee, and (c) supply one form of picture identification (e.g. passport or photocard driving licence) and proof of address. Your membership with us must be reviewed and renewed annually by paying our non-refundable, non-transferrable annual membership fee, submitting copies of all current licences, and providing information regarding any changes to your details and licences. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases.
4.3 Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your membership shall be due for renewal on the anniversary of the date on which your account was activated (in the case of initial membership) or the date that your renewal fee was paid in any subsequent year.
4.3A Thirty days prior to your renewal date we will contact you to remind you that your membership is due for renewal. Where you have opted in for automatic renewal of your membership, we shall automatically renew your membership where we are able to, using the payment method that you have provided us with. Please note, if you do not tell us at least 24 hours before the renewal date that you do not want your membership to automatically renew, we will attempt to take your membership fee on the anniversary date on which your account was activated (in the case of initial membership) or the date that your renewal fee was paid. If this payment is declined, you will be charged an administration fee (if applicable) of £10 including VAT. You can ask us to stop taking payments automatically or change your payment method at any time by contacting us or changing your autorenewal preferences in My Account area of your Copart member account.
4.4 If you apply to become a Trade Member you hereby warrant to us that:
i) You are not listed in any governmental or regulatory sanctions list;
ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;
iii) You do not owe us (or any of our subsidiaries) any money;
iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any vehicles bought through our auctions;
v) You do and will comply with all applicable laws, regulations and best practice (both in the United Kingdom and the country to which you export any vehicle bought at our auction).
vi) If you assign a vehicle to our auction for sale (either as a one-off sale or through your trader seller account, if applicable) you shall not bid on your own vehicle(s) in auction
4.5 We reserve the right to suspend or revoke your trade membership in our absolute discretion, if it is found that your are in breach of any of the warranties set out in clause 4.4 above.
4.6 Unless prohibited by law, your guests aged 16 years or older are allowed to enter our premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must display their pass at all times while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.
5. RELEASE OF LIABILITY AND INDEMNITY
5.1 So far as permitted by law you, any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
5.2 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.
5.3 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4 To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to (i) the sale, distribution, use of or inability to use any Lot or (ii) your or any Authorised Bidder’s use of or inability to use the Services, even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5 We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6 We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the DVLA and VOSA).
5.7 It is your sole responsibility to comply with all environmental laws, import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase and the collection and transportation of such purchase from our premises and you agree to indemnify, keep indemnified, defend and hold us harmless in respect of any and all losses we may suffer as a result of or in connection to your non-compliance.
6.1 Apart from those Lots offered under clauses 14 (“Buy It Now”) and/or 15 (“Make An Offer”) there are three ways by which you can bid for Lots (please note only Trade Members with an ‘active’ status can place bids):
6.1.1 “Kiosk Preliminary Bidding” – Trade Members may submit “Kiosk Preliminary Bids” through the computer terminals located in the public area at our facilities. Preliminary bids may be submitted up until the point at which the Lot is 2 lots away from being on the auction block (the “Preliminary Bidding Period”). Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.
6.1.2 “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically (an “Internet Preliminary Bid”). Internet and Kiosk Preliminary Bids compete as described above. The highest preliminary bid received by us competes against Virtual Bids via BID4U during the Virtual Sale.
6.1.3 “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically (a “Virtual Bid”) in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.
6.3 Omitted.
6.4 A monster bid is an option available to you during the Preliminary Bidding Period, that authorises us to move the current bid ahead to a specific amount rather than waiting on incremental bids to reach that amount. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.
6.5 Increment bidding is an option available to you during the Preliminary Bidding Period, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid £1,000. The Virtual Bid is currently at £1,000 (a tie with your bid). Because you selected the increment bid box, your preliminary bid is incremented to £1,050. The Lot sells to you at no more than £1,050 or to the Trade Member that placed the Virtual Bid for £1,100 or more.)
6.6 Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.7 Virtual Bids prevail over Internet and Kiosk Preliminary Bids of an equal amount.
6.8 Each instruction, transmission, display and receipt in relation to Kiosk Preliminary Bidding, Internet Preliminary Bidding, monster bids and/or Virtual Bidding shall be deemed to have been carried out in the United Kingdom.
7. SALES, POLICIES AND PROCEDURES
7.1 Subject to those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 14 and 15), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).
7.2 Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
7.3 A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.4 We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.5 Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.6 In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.7 You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.8 We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.
7.9 You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10 You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.
8. DISCLAIMERS
8.1 ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, drivability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements or are able or permitted to be repaired. In the case of electric or hybrid electric vehicles we make no representation nor offer any warranty that the batteries are included (or the right to use the batteries) within the sale. You may not acquire ownership or the right to use relevant battery packs and you should satisfy yourself of this prior to bidding. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.
8.2 YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER OR THAT THEY MAY BE REPAIRED. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.
8.3 GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, AND THE FACT THAT YOU ARE A TRADE MEMBER, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THIS CLAUSE 8. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.
9. BREAKER ONLY VEHICLES
UK Category B Buyers
9.1 If you are domiciled in the UK and wish to buy Category B vehicles other than for export, you must meet such criteria and provide us with various documents (as set out on our Website) (the ‘Criteria and Documents’) before we will allow you to bid on Category B vehicles in our auctions. We may also request evidence that you meet and have in place the Criteria and Documents as applicable and being valid at any time thereafter and you agree to provide the same immediately upon our request. You acknowledge that we have the right to revoke your ability to purchase Category B vehicles if you fail to provide such evidence at the time of our request.
9.2 Prior to us releasing a Category B Vehicle to you (and at any time thereafter immediately upon our request), you must provide us with all necessary details and documentation required by us in relation to your purchase of a Category B vehicle to enable us to (i) discharge our legal duty of care under environmental legislation and (ii) comply with any other obligations or requirements we are subject to, that are applicable to us or that we choose to comply with. If you, or anyone else on your behalf, intends to transport any Category B vehicle away from our premises you must provide a valid Waste Carrier’s Licence covering the transportation of the vehicle by you or such third party.
9.3 Category B vehicles are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed. You must issue an electronic Certificate of Destruction or Notification of Destruction (as applicable) in respect of each Category B vehicle you have purchased from us, within 30 days of it leaving our premises. You will also provide us with a copy of each such Certificate of Destruction or Notification of Destruction upon demand.
9.4 If you fail to provide on demand the Certificate of Destruction or Notification of Destruction (as applicable), which has been issued within 30 days of a Category B vehicle leaving our premises then we reserve the right to suspend your account and/or impose a lifetime ban on you from our Services. We also reserve the right to apply an administration fee in the sum of £25 to your account in respect of the additional administration involved in dealing with your account. Further we reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.
9.5 You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance
Overseas Category B Buyers
9.6 If you are not domiciled in the UK and intend to buy Category B vehicles, you must provide us with various documents (as detailed on our Website) (the ‘Overseas Documents’) before we will allow you to bid on Category B vehicles in our auctions. We may also request evidence of the Overseas Documents at any time thereafter and you agree to provide the same immediately upon our request. You acknowledge that we have the right to revoke your ability to purchase Category B vehicles if you fail to provide such evidence at the time of our request.
9.7 Prior to us releasing a Category B Vehicle to you (and at any time thereafter immediately upon our request), you must provide us with all necessary details and documentation required by us in relation to your purchase of a Category B vehicle to enable us to (i) discharge our legal duty of care under environmental legislation and (ii) comply with any other obligations or requirements we are subject to, that are applicable to us or that we choose to comply with. If you, or anyone else on your behalf, intends to transport any Category B vehicle away from our premises you must provide a valid Waste Carrier’s Licence covering the transportation of the vehicle by you or such third party.
9.8 It is your sole responsibility to ensure that each country through which you transport a vehicle (and/or in which you dock during transportation) and the receiving country will allow the entry or docking (as applicable) of the Category B vehicle you are, and in the condition in which you are, transporting and that you comply in full with all local laws to which the Category B vehicle is subject.
9.9 Category B vehicles are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed. In the event that we release a Category B vehicle to you where you have notified us that you will be breaking and crushing/destroying the bodyshell/frame/chassis of the vehicle within the UK, you acknowledge and agree that the provisions of 9.3 and 9.4 above apply, save for an electronic Certificate of Destruction or Notification of Destruction (as applicable) must be produced within 10 days of the vehicle leaving our premises.
All Category B Buyers – General
9.10 Category B vehicles must never be returned to the public highway anywhere in the World. Furthermore, you promise that you will make no attempt to repair a Category B vehicle or sell a Category B vehicle for use on a public highway, a race track or at any off-track event.
9.11 It is your sole responsibility to ensure that you are aware of and fully compliant with all End-of-Life Vehicle legislative requirements that may affect your purchase and/or handling of Category B vehicles both in the UK or in any other country in which a Category B vehicle is being transported, stored, broken and/or crushed/disposed of including without limitation the Control of Pollution (Amendment) Act 1989, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, and the Transfrontier Shipment of Waste Regulations 2007.
9.12 We reserve the right to impose a lifetime ban on you from our Services and/or cancel any Contract of Sale in respect of a Category B vehicle that you bought if (i) such vehicle is found to be being (or is intended to be) used (whether by you or a third party) in breach of clause 9.10 or the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) (whether or not you have provided us with a Certificate of Destruction or Notification of Destruction (if, and as, applicable)) or (ii) you are found to be in breach of any part of clause 9 whatsoever. No refund will be payable to you (or any subsequent purchaser). You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.
9.13 You agree that references in these Terms and Conditions to a Category B vehicle apply equally to a Category B motorcycle.
10. FEES, PAYMENTS AND DELIVERIES
10.1 The buyer’s premium, member, convenience, storage, Lot retrieval, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
10.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
10.3A Notwithstanding the above, under no circumstances will we accept cash payments in respect of Category B vehicles or any Fees or other charges associated with a Category B vehicle. Payment for Category B vehicles and associated Fees/charges will only be accepted by bank transfer or, subject to the eligibility requirements set out in 10.3 above, a debit or credit card in the name of the Trade Member that won the Lot.
10.5 Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
10.7 Alternatively you may elect to collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.
10.8 You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.
10.9 Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. You must register with the DVLA each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion and we reserve the right to recoup any sums paid by us in respect of any such fixed penalty notices and/or other legal demands, fees and charges arising from your failure to register any vehicle with the DVLA or complete a statutory off-road notification. We also reserve the right to charge you an administration fee in respect of us handling any such fixed penalty notices and/or other legal demands arising from your failure to register any vehicle with the DVLA or complete a statutory off-road notification.
10.10 Any Lot remaining uncollected (and/or that we have been unable to deliver or release to you) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
10.11 If a Lot remains uncollected (and/or that we have been unable to deliver or release to you) on our premises after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter, subject to any free period of storage applicable at the material time (details of which are displayed at our premises and/or on our Website). Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.
10.12 If you make payments to Copart UK via bank transfer, those payments must originate from a bank account in the same name as your Copart UK account. If you are entitled to make payments to Copart UK using debit or credit card, any card you use to make a payment to Copart UK must be registered in the same name as your Copart UK account. If payments are found to have been made from a bank account or card in a different name, Copart UK reserves the right to suspend or close your account immediately.
11. CONTACT WITH PREVIOUS OWNERS
11.1 Unless we have given you written confirmation that the previous owner of a Lot is the Seller and have provided you with written authorisation to contact such Seller, you agree that you shall not contact the previous owner of a Lot.
11.2 You agree that due to the nature of the Lots that we sell, it is not always possible for us to remove personal effects and personal data entirely and agree that any personal effects and/or personal data that you may discover will be securely disposed of.
11.3 We reserve the right, in our discretion to terminate or suspend your registration and/or access to the Website or Services should we be advised that you have contacted a previous owner contrary to the provisions of clause 11.1.
12. MISCELLANEOUS PROVISIONS
12.1 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.
12.2 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
12.3 These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.4 The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
12.6 In our discretion we may serve any notice on you by email, fax or First Class post. In
the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by First Class post you will be deemed served two business days after posting.
12.7 No person other than you has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.
12.8 Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in British pounds sterling.
12.9 Omitted
12.10 We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.11 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13. SALES OF PARTS
13.1 Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions. For the purpose of clause 13, ‘parts’ means one or more individual parts and does not include a Category B vehicle.
13.2 If you ask us to deliver a part you purchase through a Parts Sale we shall provide you with a quotation for us to deliver such part to you.
13.3 YOU ARE BUYING PARTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO PARTS PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL PARTS SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A PART’S SUITABILITY AND CONDITION BEFORE MAKING AN OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO PARTS PURCHASES.
13.4 Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5 A bid you place on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14. “BUY IT NOW” SALES
14.1 We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2 When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO BUY IT NOW PURCHASES.
14.5 Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 10.3.
14.6 We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
15. "MAKE AN OFFER” SALES
15.1 We may offer some Lots for purchase outside our usual auction through your use of our “Make An Offer” facility. These Terms and Conditions shall apply (as permitted by law) to all Make An Offer sales, with the provisions of this clause 15 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
15.2 When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
15.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
15.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO MAKE AN OFFER PURCHASES.
15.5 All offers you make using our Make An Offer facility are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 10.3.
15.6 We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.
16. YARD RULES
16.1 You must not undertake any repairs or alterations to Lots on our premises.
16.2 If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 16.45 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us the Lot retrieval fee and storage fee in cleared funds.
16.3 Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.
16.4 Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.
17. CONTACTS
17.1 We are Copart UK Limited, registered in England and Wales with company registration number 929621. Our registered office is at Acrey Fields, Woburn Road, Wootton, Bedfordshire, MK43 9EJ. Our contact telephone number is 0844 875 8845. Our VAT number is GB 490206463.
SECTION B: COPART IRELAND TRADE TERMS AND CONDITIONS OF PURCHASE AND USE
Last updated on: 13 November 2024
1. INTRODUCTION
You will be deemed to have accepted these Terms and Conditions when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a trade member (“Trade Member”) via the website at www.copart.ie (“Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods), together with any additional services we offer within these Terms and Conditions, collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Member. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) or other goods that we offer for sale at auction.
You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US).
These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasions be us.
These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
Once you become a registered Trade Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website. The most current form of the Terms and Conditions may be found at http://www.copart.ie/Content/UK/EN/Member-Terms-Conditions. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment. In addition, our Terms of Service (“TOS”) - which may be found at http://www.copart.ie/Content/UK/EN/Terms-Of-Service - and our privacy policy (“Privacy Policy”) - which may be found at http://www.copart.ie/Content/UK/EN/Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference.
2. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1 Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2 As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3 When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4 You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5 You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.
2.6 You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7 You may authorise one other individual to submit bids on your behalf (an “Authorised Bidder”) as long as you tell us in advance that you wish to do so and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.
2.8 Apart from where we accept an Authorised Bidder, you agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.
If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.
3.2 Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3 Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.
4. MEMBERSHIP AND REGISTRATION
4.1 Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion, including but not limited to where you are associated with a delinquent member. Any membership fee paid will be non-refundable and is also non-transferrable to any other member account.
4.2 If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay a non-refundable, non-transferrable membership fee, and (c) supply one form of picture identification (e.g. passport or photocard driving licence) and proof of address. Your membership with us must be reviewed and renewed annually by paying our non-refundable, non-transferrable annual membership fee, submitting copies of all current licences, and providing information regarding any changes to your details and licences. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases.
4.3 Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your initial membership will expire on 31st December in the year in which you registered as a member, or if you registered on or after 1st October, your membership will expire on 31st December in the subsequent year.
4.4 If you apply to become a Trade Member you hereby warrant to us that:
i) You are not listed in any governmental or regulatory sanctions list;
ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;
iii) You do not owe us (or any of our subsidiaries or associated companies) any money;
iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any Vehicles bought through our auctions;
v) You do and will comply with all applicable laws, regulations and best practice (both in the Republic of Ireland and the country to which you export any Vehicle bought at our auction).
vi) If you assign a vehicle to our auction for sale (either as a one-off sale or through your trader seller account, if applicable) you shall not bid on your own vehicle(s) in auction
4.5 We reserve the right to suspend or revoke your trade membership in our absolute discretion, if it is found that your are in breach of any of the warranties set out in clause 4.4 above.
4.6 Unless prohibited by law, your guests aged 16 years or older are allowed to enter our premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must display their pass at all times while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.
5. RELEASE OF LIABILITY AND INDEMNITY
5.1 So far as permitted by law you, any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.
5.2 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.
5.3 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4 To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to (i) the sale, distribution, use of or inability to use any Lot or (ii) your or any Authorised Bidder’s use of or inability to use the Services, even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5 We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6 We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the National Vehicle and Driver File, the Department of Transport, Tourism and Sport, the Road Safety Authority, the DVLA, VOSA, or the equivalent in any other jurisdiction).
5.7 It is your sole responsibility to comply with all environmental laws, import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase and the collection and transportation of such purchase from our premises and you agree to indemnify, keep indemnified, defend and hold us harmless in respect of any and all losses we may suffer as a result of or in connection to your non-compliance.
6. BIDDING OVERVIEW
6.1 Apart from those Lots offered under clauses 14 (“Buy It Now”) and/or 15 (“Make An Offer”) there are three ways by which you can bid for Lots (please note only Trade Members with an ‘active’ status can place bids):
6.1.1 “Kiosk Preliminary Bidding” – Trade Members may submit “Kiosk Preliminary Bids” through the computer terminals located in the public area at our facilities. Preliminary bids may be submitted up until the point at which the Lot is 2 lots away from being on the auction block (the “Preliminary Bidding Period”). Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.
6.1.2 “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically (an “Internet Preliminary Bid”). Internet and Kiosk Preliminary Bids compete as described above. The highest preliminary bid received by us competes against Virtual Bids via BID4U during the Virtual Sale.
6.1.3 “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically (a “Virtual Bid”) in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.
6.2 Omitted
6.3 We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a preliminary bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said you are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.
6.4 A monster bid is an option available to you during the Preliminary Bidding Period, that authorises us to move the current bid ahead to a specific amount rather than waiting on incremental bids to reach that amount. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.
6.5 Increment bidding is an option available to you during the Preliminary Bidding Period, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid €1,000. The Virtual Bid is currently at €1,000 (a tie with your bid). Because you selected the increment bid box, your preliminary bid is incremented to €1,050. The Lot sells to you at no more than €1,050 or to the Trade Member that placed the Virtual Bid for €1,100 or more.)
6.6 Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.7 Virtual Bids prevail over Internet and Kiosk Preliminary Bids of an equal amount.
6.8 Each instruction, transmission, display and receipt in relation to Kiosk Preliminary Bidding, Internet Preliminary Bidding, monster bids and/or Virtual Bidding shall be deemed to have been carried out in the Republic of Ireland.
7. SALES, POLICIES AND PROCEDURES
7.1 Subject to those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 14 and 15), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).
7.2 Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
7.3 A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.4 We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.5 Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.6 In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.
7.7 You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.8 We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.
7.9 You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10 You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.
8. DISCLAIMERS
8.1 ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements or that the vehicles are able to or permitted to be repaired. In the case of electric or hybrid electric vehicles we make no representation nor offer any warranty that the batteries are included (or the right to use the batteries) within the sale. You may not acquire ownership or the right to use relevant battery packs and you should satisfy yourself of this prior to bidding. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.
8.2 YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER OR ARE CAPABLE OF BEING REPAIRED. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods and Supply of Services Act 1980 (as amended) and the Sale of Goods Act 1979 (as amended and/or superseded) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.
8.3 GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, AND THE FACT THAT YOU ARE A TRADE MEMBER, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THIS CLAUSE 8. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.
9. BREAKER ONLY - END OF LIFE VEHICLES
Ireland Category B Buyers
9.1 If you are domiciled in the Republic of Ireland and wish to buy Category B vehicles other than for export, you must meet such criteria and provide us with various documents (as set out on our Website) (the ‘Criteria and Documents’) before we will allow you to bid on Category B vehicles in our auctions. We may also request evidence that you meet and have in place the Criteria and Documents as applicable and being valid at any time thereafter and you agree to provide the same immediately upon our request. You acknowledge that we have the right to revoke your ability to purchase Category B vehicles if you fail to provide such evidence at the time of our request.
9.2 Prior to us releasing a Category B Vehicle to you (and at any time thereafter immediately upon our request), you must provide us with all necessary details and documentation required by us in relation to your purchase of a Category B vehicle to enable us to (i) discharge our legal duty of care under environmental legislation and (ii) comply with any other obligations or requirements we are subject to, that are applicable to us or that we choose to comply with. If you, or anyone else on your behalf, intends to transport any Category B vehicle away from our premises you must provide a valid Waste Collection Permit covering the transportation of the vehicle by you or such third party.
9.3 Category B vehicles are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed. You must issue an electronic Certificate of Destruction (or valid equivalent) in respect of each Category B vehicle you have purchased from us, within 30 days of it leaving our premises. You will also provide us with a copy of each such Certificate of Destruction (or valid equivalent) upon demand.
9.4 If you fail to provide on demand the Certificate of Destruction (or valid equivalent), which has been issued within 30 days of a Category B vehicle leaving our premises then we reserve the right to suspend your account and/or impose a lifetime ban on you from our Services. We also reserve the right to apply an administration fee in the sum of €35 to your account in respect of the additional administration involved in dealing with your account. Further we reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.
9.5 You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance
Overseas Category B Buyers
9.6 If you are not domiciled in the Republic of Ireland and intend to buy Category B vehicles, you must provide us with various documents (as detailed on our Website) (the ‘Overseas Documents’) before we will allow you to bid on Category B vehicles in our auctions. We may also request evidence of the Overseas Documents at any time thereafter and you agree to provide the same immediately upon our request. You acknowledge that we have the right to revoke your ability to purchase Category B vehicles if you fail to provide such evidence at the time of our request.
9.7 Prior to us releasing a Category B Vehicle to you (and at any time thereafter immediately upon our request), you must provide us with all necessary details and documentation required by us in relation to your purchase of a Category B vehicle to enable us to (i) discharge our legal duty of care under environmental legislation and (ii) comply with any other obligations or requirements we are subject to, that are applicable to us or that we choose to comply with. If you, or anyone else on your behalf, intends to transport any Category B vehicle away from our premises you must provide a valid Waste Collection Permit covering the transportation of the vehicle by you or such third party.
9.8 It is your sole responsibility to ensure that each country through which you transport a vehicle (and/or in which you dock during transportation) and the receiving country will allow the entry or docking (as applicable) of the Category B vehicle you are transporting and that you comply in full with all local laws to which the Category B vehicle is subject.
9.9 Category B vehicles are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed.
9.10 In the event that we release a Category B vehicle to you where you have notified us that you will be breaking and crushing/destroying the bodyshell/frame/chassis of the vehicle within the Republic of Ireland or the UK, you acknowledge and agree that the provisions of 9.3 and 9.4 above also apply, save for an electronic Certificate of Destruction/Notification of Destruction (or valid equivalent and as applicable) must be produced within 10 days of the vehicle leaving our premises. Where you are domiciled in the UK you acknowledge and agree that the provisions of 9.5 above also apply.
All Category B Buyers – General
9.11 Category B vehicles must never be returned to the public highway anywhere in the World. Furthermore, you promise that you will make no attempt to repair a Category B vehicle or sell a Category B vehicle for use on a public highway, a race track or at any off-track event.
9.12 It is your sole responsibility to ensure that you are aware of and fully compliant with all End-of-Life Vehicle legislative requirements that may affect your purchase and/or handling of Category B vehicles both in the Republic of Ireland or in any other country in which a Category B vehicle is being transported, stored, broken and/or crushed/disposed of including without limitation the Waste Management (Facility Permit and Registration) Regulations, S.I. No. 821 of 2007 (as amended), Waste Management (Collection Permit) Regulations, S.I. No. 820 of 2007 (as amended) and the Waste Management (Shipments of Waste) Regulations, S.I. 419 of 2007 (as amended).
9.13 We reserve the right to impose a lifetime ban on you from our Services and/or cancel any Contract of Sale in respect of a Category B vehicle that you bought if (i) such vehicle is found to be being (or is intended to be) used (whether by you or a third party) in breach of clause 9.11 or the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) (whether or not you have provided us with a Certificate of Destruction (or valid equivalent) (if applicable)) or (ii) you are found to be in breach of any part of clause 9 whatsoever. No refund will be payable to you (or any subsequent purchaser). You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.
9.14 You agree that references in these Terms and Conditions to a Category B vehicle apply equally to a Category B motorcycle.
10. FEES, PAYMENTS AND DELIVERIES
10.1 The buyer’s premium, member, convenience, storage, Lot retrieval, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
10.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
10.3 We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by bank transfer, or exceptionally cash (though the maximum cash sum we will accept on any business day is €9,500, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least €5,000 (inclusive of VAT) by the above means since becoming a Trade Member, you may pay by debit or credit card, though such payments are subject to a handling charge of 3% plus VAT.
10.3A Notwithstanding the above, under no circumstances will we accept cash payments in respect of Category B vehicles or any Fees or other charges associated with a Category B vehicle. Payment for Category B vehicles and associated Fees/charges will only be accepted by BACS bank transfer, bankers draft or, subject to the eligibility requirements set out in 10.3 above, a debit or credit card in the name of the Trade Member that won the Lot.
10.4 Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion. Relist fees are due for payment within five business days of the date of the invoice. In the event that relist fees remain unpaid after five business days of the date of the invoice, we reserve the right to apply any other payments made by you to any overdue relist fees first (whether or not such payments have been made for vehicles that you have successfully bid on).
10.5 Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
10.6 If you have elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address (provided your nominated address is in a location to which our premises at which the Lot is stored will deliver) without further request from you. Details of the locations to which each of our premises will deliver can be obtained from each individual premises. Time is not of the essence for delivery. While we will use our reasonable skill and care in retrieving, loading and/or delivering Lots to you, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during retrieval, loading, unloading and/or in transit. You accept that we will not be liable for any further damage done to Lots you have purchased during their retrieval, loading, unloading and/or while they are in transit. We will not retrieve, load and/or deliver any Lot to you and our obligation to retrieve, load and/or deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot including but not limited to any applicable Lot retrieval and/or delivery fees.
10.7 Alternatively, you may elect to collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.
10.8 You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid National Car Test Certificate, up to date motor tax disc, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.
10.9 Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. You must register with the National Vehicle and Driver File each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion and we reserve the right to recoup any sums paid by us in respect of any such fixed penalty notices and/or other legal demands, fees and charges arising from your failure to register any vehicle with the DVLA or complete a statutory off-road notification. We also reserve the right to charge you an administration fee in respect of us handling any such fixed penalty notices and/or other legal demands arising from your failure to register any vehicle with the DVLA or complete a statutory off-road notification.
10.10 Any Lot remaining uncollected (and/or that we have been unable to deliver or release to you) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
10.11 If a Lot remains uncollected (and/or that we have been unable to deliver or release to you) on our premises after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter, subject to any free period of storage applicable at the material time (details of which are displayed at our premises and/or on our Website). Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any other liability to us (irrespective of how long the Lot has been stored), that Lot will not be released until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot (either directly or through a third party if such party has been storing the Lot on our behalf) pending payment and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale, without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retains from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.
10.12 If you make payments to Copart Ireland via bank transfer, those payments must originate from a bank account in the same name as your Copart Ireland account. If you are entitled to make payments to Copart Ireland using debit or credit card, any card you use to make a payment to Copart Ireland must be registered in the same name as your Copart Ireland account. In addition, we reserve the right to request photographic identification when you attend our premises to make a payment. If payments are found to have been made from a bank account or card in a different name, Copart Ireland reserves the right to suspend or close your account immediately.
11. CONTACT WITH PREVIOUS OWNERS
11.1 Unless we have given you written confirmation that the previous owner of a Lot is the Seller and have provided you with written authorisation to contact such Seller, you agree that you shall not contact the previous owner of a Lot.
11.2 You agree that due to the nature of the Lots that we sell, it is not always possible for us to remove personal effects and personal data entirely and agree that any personal effects and/or personal data that you may discover will be securely disposed of.
11.3 We reserve the right, in our discretion to terminate or suspend your registration and/or access to the Website or Services should we be advised that you have contacted a previous owner contrary to the provisions of clause 11.1.
12. MISCELLANEOUS PROVISIONS
12.1 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.
12.2 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
12.3 These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.4 The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.
12.5 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
12.6 In our discretion we may serve any notice on you by email, fax or Express Post. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by Express Post you will be deemed served two business days after posting.
12.7 No person other than you has any rights to rely upon or enforce any terms of these Terms and Conditions, whether under the Contract (Rights of Third Parties) Act 1999 or otherwise. Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in Euro.
12.9 Omitted
12.10 We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.11 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
13. SALES OF PARTS
13.1 Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions. For the purpose of clause 13, ‘parts’ means one or more individual parts and does not include a Category B vehicle.
13.2 If you ask us to deliver a part you purchase through a Parts Sale we shall provide you with a quotation for us to deliver such part to you.
13.3 YOU ARE BUYING PARTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO PARTS PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL PARTS SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A PART’S SUITABILITY AND CONDITION BEFORE MAKING AN OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO PARTS PURCHASES.
13.4 Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.
13.5 A bid you place on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
14. “BUY IT NOW” SALES
14.1 We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2 When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO BUY IT NOW PURCHASES.
14.5 Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 10.3.
14.6 We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
15. “MAKE AN OFFER” SALES
15.1 We may offer some Lots for purchase outside our usual auction through your use of our “Make An Offer” facility. These Terms and Conditions shall apply (as permitted by law) to all Make An Offer sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
15.2 When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
15.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
15.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO MAKE AN OFFER PURCHASES.
15.5 All offers you make using our Make An Offer facility are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 10.3.
15.6 We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.
16. YARD RULES
16.1 You must not undertake any repairs or alterations to Lots on our premises.
16.2 If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 16.45 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us the Lot retrieval fee and storage fee in cleared funds.
16.3 Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.
16.4 Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.
17. CONTACTS
17.1 We are Copart Vehicle Auctions Ireland Limited, registered in the Republic of Ireland with company registration number 529121. Our registered office is at Big Bog, Castledermot, Co. Kildare, Ireland. Our contact telephone number is +353 (059) 9144889. Our VAT number is IE3189654.