Terms
and conditions
All purchases
are subject to these Terms & Conditions
All buyers agree that these conditions are binding upon them.
You
are strongly advised to read these Terms and Conditions before
buying.
These terms and conditions form part of the contract of sale between
the Seller (B.G. Motors) and the Buyer or Purchaser. The Buyer
accepts these terms and conditions as part of the contract
of sale notwithstanding the fact that the Buyer may not have
read
these terms and conditions. These terms and conditions apply
to the purchase of any salvaged vehicles advertised for sale
in any medium and on any device on behalf of B.G. Motors.
Any vehicle is purchased in the condition of which it is at the
time of sale and that there shall be no condition or warranty on
our part as to its quality of fitness for any purpose whether expressed
or implied and whether arising at common law by statute or otherwise.
Vehicle Categorisation Terminology.
B.G. Motors use standard terminology for the categorisation of
salvaged vehicle conditions. Terms such as ‘Light damage’,
Medium, front damage’, ‘Heavy, rear damage’, ‘Salvage
only’, etc. are used as typical salvage categorisation
terminology and do not represent a complete and accurate description
of the vehicle in question.
Any vehicle may have been reported to MIAFTR and as such may
show up on any vehicle checks. B.G. Motors cannot guarantee that
vehicles
sold as NROV (Not Recorded On V-Car) at the time of sale will not
be recorded on the HPI register or any other ‘alert’ register
at a later date.
CAVEAT EMPTOR.
Buyers MUST satisfy themselves as to the actual condition of the
vehicle prior to purchase. B.G. Motors cannot accept responsibility
for any repair costs to vehicles after purchase.
Vehicle Descriptions.
A ‘Salvage only’ is a salvaged vehicle that is so structurally
damaged or devoid of parts that it is not possible to repair it
economically or safely. A Buyer who purchases a ‘Salvage
only’ vehicle (a "Category B Dealer") shall be
allowed to remove salvageable parts, and shall then be required
to dismantle the Vehicle and crush the shell, frame and chassis
in accordance with ABI guidelines. Air bags and seat components
must be properly disposed of in accordance with manufacturers instructions,
the insurance industry requires that these items must never be
resold.
The
processing of ‘Salvage only’ vehicles must comply
with the guidelines displayed in the "Code of Practice for
the Disposal of Motor Vehicle Salvage" (ABI Code of Practice)
issued by Motor Conference.
The salvage categories are as follows:
- Category
A
The
vehicles under this category are extensively damaged vehicles
such as those destroyed by fire, with no salvageable
parts and vehicles which can never be re-registered
to return to the road.
- Category
B
Category B vehicles are vehicles which are extensively damaged
but which do have some parts with value, these vehicles
can also never be re-registered and returned to road
use, or vehicles which require a complete new body shell.
- Category
C
Category C vehicles are vehicles where the repair cost exceeds
the value of the vehicle, however the
extent of the damage
is such that the vehicle can be repaired by the
use of recycled parts or by using other cost saving measures.
With a category
C vehicle the buyer needs to apply to the DVLA
for a Vehicle
Registration
Document (VRD) what used to be called a ‘Log
Book’
- Category
D
Vehicles which fall within D category are vehicles
where the cost of repair is less than the value
of the vehicle, however for a number of reasons it may not be economically
viable to repair the vehicle. This could be for a number
of reasons,
for example:
- 1 Vehicles replaced under ‘new for old’ schemes
(often at 50% damage) these vehicles are treated
as not economical to
repair, when repair costs reach half the value
of the vehicle.
- 2 Vehicles
which could have been repaired but due to car hire costs
the insurer has decided to deal with the
claim as beyond economical repair.
- 3 Vehicles which an insurer has decided to deal with as beyond
economical repair so as to avoid
a diminution in value claim following
repair.
- 4 Vehicles
where the value of the salvage is such that the insurers
feel
it more
appropriate to deal
with a claim as a ‘constructive
total loss’.
- 5
Occasionally an insurer will have a client who for a number
of reasons
is simply refusing
to have
the vehicle repaired and
the insurer will attempt to obtain
sufficient for the salvage so as
to ‘bridge the gap’ between
the value of the vehicle and the
repair cost.
With a category D vehicle, the salvage dealer
should supply a copy of the Vehicle Registration
Document (Log Book).
- ‘Heavy
damage’
The vehicle
is a salvaged vehicle that is damaged to the extent that the
retail cost of repair to
the vehicle exceeds the retail pre-accident value thereof.
- ‘Light
damage’
The vehicle is a salvaged vehicle that
is damaged to the extent that the retail cost of repair to
the vehicle does not exceed the retail pre-accident value thereof.
- ‘No damage’
The vehicle is a vehicle which has been subject
to an insurance claim but which has sustained minimal or
nil damage or which may have been repaired in accordance
to manufacturers
specifications, and therefore categorisation as per the
Code of Practice for the Disposal of Motor Vehicle Salvage
does not apply.
The
purchaser will adhere to the code of practice issued jointly
by the ABI motor conference and the BVSF. Any breach of
these codes may result in purchasers being unable to purchase salvage
at other BVSF members' premises.
Indication and Images & Vehicle Condition
For each Salvaged Vehicle, B.G. Motors shall provide an indication
of the damage to the Salvaged Vehicle (the "Indication"),
and one or more images (the "Images"). The actual condition
of a Salvaged Vehicle may vary substantially from the Indication,
and the appearance of the Salvaged Vehicle may vary substantially
from the Images. The Indication is not intended as an authoritative,
completely accurate description of the Salvaged Vehicle, and therefore
may not be relied upon by the Buyer as such. The Images are not
intended as a completely accurate representation of the appearance
of the Salvaged Vehicle, and therefore may not be relied upon by
the Buyer as such. Without limitation to any right of intervention
expressed elsewhere in these Terms and Conditions, B.G. Motors Motor
Salvage explicitly reserves the right to intervene to amend the
Indication and/or the Images of any Salvaged Vehicle; notwithstanding
that right, B.G. Motors expressly excludes any responsibility or
liability in respect of any Indication or any Images.
Sign-writing
on vehicles
B.G.
Motors expressly reserve the right to remove or obscure (by whatever
means it deems necessary)
any sign-writing that may be on a vehicle put up for sale, but
prior to that vehicle being released from the Contractors premises.
B.G.
Motors gives notice that it has not used, tested or inspected
any vehicles for sale. Many of those vehicles have
been damaged and cannot be used without repairs being made. B.G.
Motors does not know what condition vehicles are in and is not
in a position to give any assurance, representation or warranty
about anything relating to vehicles for sale. These terms have
been prepared with those facts in mind. It is the purchaser's responsibility
to verify the vehicle details are correct (model, year, engine
size or past history etc), and NOT that of B.G. Motors. B.G. Motors
only offer the purchaser guideline descriptions of the vehicles
in any advertising or promotions.
B.G.
Motors shall not be liable for any error, omission, misdescription,
unfitness for any particular purpose or lack of
merchantable quality whether the vehicle is sold to a primary or
subsequent purchaser.
B.G.
Motors has the right to refuse to sell any vehicle at its absolute
discretion without explanation or liability.
All
vehicles are sold on the basis that they are damaged and that
such damage forms part of the description of the vehicle
whether for use by the primary purchaser or any subsequent purchaser.
The purchaser shall buy the vehicle/s on the basis that the purpose
for which the vehicle/s is purchased is for repair or dismantling.
It must be repaired and inspected prior to use on the public highway.
B.G. Motors have absolutely no liabilities regarding any vehicle
used on the road following sale and make it quite clear that a
condition of the sale of a vehicle by B.G. Motors, is
that with any vehicle repaired for road use, it is the purchasers
responsibility to ensure that the vehicle is in a roadworthy condition
before being re sold or used on the public highway and shall comply
with all legal requirements at that time.
Any
costs incurred by B.G. Motors in repossessing any Category A
or B vehicle placed back into service onto the public
highway will be borne by the purchaser and repaid to B.G.
Motors by the purchaser(s) on demand.
No
refund of purchase price will be payable to the original or subsequent
purchaser if they have attempted to breach the ABI
Code of Practice relating to the correct handling and processing
of Category B vehicles.
B.G. Motors reserves the right to change the Terms and Conditions
as necessary and without notice.
Vehicles which are liable to VAT i.e. "VAT qualifying
vehicles” will be indicated to the buyer in advance.
We
do not supply existing Vehicle Registration Documents (V5s) or
MOT certificates with the vehicles unless we specifically
state in the Vehicle Details that they will be provided.
The
sale of a vehicle which has a cherished registration plate, does
not allow the buyer of such vehicle Title to the Registration
Number which will remain our property or the property of the original
owner.
All
vehicles parked on B.G. Motors premises shall be at the owner's
risk and B.G. Motors accepts no responsibility
whatsoever for any loss or damage howsoever caused.
Payment
On all purchases we require a 10% non-refundable deposit. The deposit
and the balance of the sale price must be paid in cash or by cleared
cheque, building society cheque, direct debit or bankers draft
before the vehicle will be released to the purchaser. The purchaser
must pay to B.G. Motors any bank or building society special clearance
charges relating to all cheques and bankers drafts at standard
rates - in cash. The balance must be paid within ten working days.
If
the purchaser does not make payment within that time, then the
deposit paid by the purchaser shall be retained by B.G.
Motors and the contract of sale shall be rescinded. B.G. Motors
shall be entitled to claim against the purchaser for any loss,
damage and expense incurred by B.G. Motors following rescission
of the contract in such circumstances.
Until
such time as payment is met in full, the vehicle or vehicles
remain the sole property of B.G. Motors or its agents.
From
the time that title passes to the purchaser on payment in full
for the vehicle, the vehicle shall be at the risk of the
purchaser and B.G. Motors shall not be liable for any loss occurring
to the purchaser, whether by reasons of negligence or any other
duty in contract or tort in any other way, save in respect of personal
injury or death caused by negligence of B.G. Motors.
Delivery/Collection & Storage
The
buyer agrees that if a vehicle:
- Is
in such a condition either by reason of its construction, the
state of its brakes, steering, tyres, lighting equipment,
reflectors or other parts that it is unroadworthy or cannot
otherwise be used lawfully on a road;
- Does
not have a valid Department of Transport test certificate or
plating certificate or any other certificate required by law
Then the buyer shall not use the vehicle on any road and shall
not remove it from B.G. Motors premises under its own power
until it is roadworthy and can be used lawfully on the road and/or
has
all necessary certificates.
Delivery
charges will be quoted for and charged separately from the vehicle
purchase.
If the purchaser has not removed the vehicle from the
premises of B.G. Motors within 2 clear working days of the sale,
the purchaser shall pay to B.G. Motors a storage charge for each
day or part of a day thereafter, of £10.00 per day or part
of a day. Where a storage charge has been incurred, the vehicle
will not be released until this charge has been paid.
B.G.
Motors liability in respect of the vehicle/s ceases upon delivery
to the customer or on collection of the vehicle by
the customer. The vehicle must be registered or a Statutory Off
Road Notification (SORN declaration) completed. All fixed penalty
notices or other legal demands after purchase will be the responsibility
of the purchaser. Any purchaser who fails to carry out the above
requirements will be prohibited from purchasing further vehicles. Accuracy of Information
Neither B.G. Motors nor any Internet access provider is responsible
for incorrect or inaccurate entry of information, human error,
technical malfunctions, lost/delayed data transmission, omission,
interruption, deletion, defect, failures of any telephone network,
computer equipment, software or any combination thereof, or inability
to access B.G. Motors website. Neither B.G. Motors nor any Internet
access provider is responsible for any other error or malfunction
which might occur.
If
the purchaser relies on this service or any material available
through this service, the purchaser does so at their
own risk. The purchaser understands that there may be delays, omissions,
interruptions, inaccuracies, and/or other problems with the information,
products, and services provided at this site.
B.G.
Motors and its affiliates, agents, vehicle suppliers and licensors cannot do not warrant the accuracy, completeness,
currentness, non-infringement, merchantability or fitness for a
particular purpose of the information available through this service.
Nor do they guarantee that the service will be error free, or continuously
available, or that the service will be free from viruses or other
harmful components.
Price
Lists & Brochures
Care is taken to ensure the accuracy of all price lists and brochures
but no sale shall be invalidated by reason of incorrect or inaccurate
entry of information, human error or mis-description in a price
list or brochure. B.G. Motors shall incur no liability
for any person or persons in respect of any such mis-description.
ANY INFORMATION IN ANY FORMAT ASSOCIATED WITH ANY VEHICLE, GIVEN
BY B.G. MOTORS OR ANY OF ITS SUBSIDIARIES OR EMPLOYEES OR AGENTS,
IS ONLY ACCURATE TO OUR KNOWLEDGE WITHOUT INVESTIGATION. ANY
DESCRIPTION OF DAMAGE IS AS IDENTIFIED BY AN OUTSIDE PARTY, AND
AS WITH ANY WRECKED/DAMAGED VEHICLE, THERE IS ALWAYS THE POTENTIAL
FOR MISSED AND/OR HIDDEN DAMAGES. B.G. MOTORS AND/OR THE SELLER
IS NOT RESPONSIBLE FOR ANY DAMAGES ASSOCIATED WITH ANY VEHICLE.
DESCRIPTIONS OF THE VEHICLE DAMAGE ARE ONLY DESCRIPTIONS AND
ESTIMATES, THEY ARE GENERAL INDICATIONS ONLY AND ARE EXTREMELY
UNLIKELY TO BE A COMPLETE LIST. UNLESS SPECIFICALLY STATED OTHERWISE,
WE OFFER THE VEHICLES IN THEIR CURRENT STATE AND LOCATION WITH
ABSOLUTLY NO GUARANTEE WHATSOEVER AS TO THE CONDITION, ROADWORTHINESS,
OR RECORDED MILEAGE. THE VEHICLES ARE OFFERED IN A DAMAGED OR
INCOMPLETE CONDITION HAVING BEEN THE SUBJECT OF AN INSURANCE
COMPANY TOTAL LOSS AND WE EXPRESSLY EXCLUDE ANY WARRANTY AS TO
THE SUITABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE
OF ANY VEHICLE PURCHASED. IT IS THE RESPONSIBILITY OF THE PURCHASER
TO ENSURE THAT THE PURCHASED VEHICLE IS IN A ROADWORTHY CONDITION
BEFORE THE VEHICLE IS USED OR RE-SOLD. ALL VEHICLES SOLD AS-IS,
WHERE-IS. THERE IS NO WARRANTY EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE MERCHANTABILITY
FOR A PARTICULAR PURPOSE OF ANY KIND ON ANY VEHICLE SOLD. MOST
VEHICLES SOLD BY MOTORS HAVE BEEN DAMAGED IN AN ACCIDENT,
THEFT RECOVERY, REPOSSESSION, ETC, UNLESS EXPRESSLY INDICATED
IN WRITING.
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