The following Terms and Conditions govern the business between We Sell Any Car Privately Limited (‘WSACP’) and you (‘the Client’).
1 Acceptance of Terms and Conditions
You will be deemed to have accepted and agreed to these Terms and Conditions, which shall prevail over any other terms put forward by the Client when the Client requests WSACP to sell his/her car.
In these Terms and Conditions, the following words shall have the following meanings:
‘WSACP’ means We Sell Any Car Privately Limited (registered in England and Wales under Company Number: 08402187) whose Registered Office is at Windy Ridge Estate Office Longbrough Moreton in Marsh Gloucestershire GL56 0QY;
‘Additional Services’ means any services supplied by WSACP to the Client in relation to additional preparatory work recommended for the Vehicle prior to advertising the Vehicle for sale;
‘Affiliate’ in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party;
‘Agreement’ the agreement containing these Terms and Conditions;
‘Asking Price’ the price at which the Vehicle will be advertised for sale by WSACP;
‘Client’ any person, firm or company that instructs WSACP to provide the Services;
‘Commencement’ the date of the Agreement;
‘Engage(s)’ (or the engagement of WSACP under the terms of the Agreement;
‘Enquiry Log’ the log of all enquiries received by WSACP by interested parties following the date upon which the Vehicle is advertised for sale by WSACP on behalf of the Client;
‘Fee(s)’ the fees payable by the Client to WSACP for the provision of the Services;
‘Goods’ any goods supplied by WSACP to the Client;
‘Parties’ the WSACP and the Client and ‘Party’ shall mean either one of them;
‘Sale Price’ the price at which the Vehicle sells;
‘Services’ the advertisement negotiation of terms of sale and sale of the Client’s Vehicle, together with any Additional Services;
‘Trade Value’ the value the Vehicle would be expected to achieve when traded in at a garage and based upon the cap below valuation;
‘Vehicle’ the motor vehicle in relation to which the Client instructs WSACP to provide the Services;
‘Website’ means www.wesellanycarprivately.com and www.wesellanycarprivately.co.uk and any other website domain name used by WSACP from time to time.
3.1 WSACP shall provide the Services to the Client in consideration for the Fee and subject to these Terms and Conditions.
3.2 WSACP will assess the condition of the Vehicle and advise the Client with an initial estimate of the Trade Value. Such estimate will be based upon an assessment to the information about the Vehicle provided to WSACP by the Client.
3.3 WSACP will always carry out an on-site inspection of the Vehicle before agreeing a final Trade Value for the Vehicle. Where WSACP consider that the Trade Value would be affected by the condition, history, modification or an unusual specification of the Vehicle, we will advise you of this and will provide you with a revised Trade Value for the Vehicle.
3.4 WSACP will recommend an Asking Price for the Vehicle and this will be agreed with the Client before the Vehicle is advertised for sale.
3.5 WSACP shall use reasonable endeavours to attract the best offer for the Vehicle based upon the Asking Price but will only be obliged to provide the Client with details of all reasonable offers made for the Vehicle which are between the Trade Value and the Asking Price.
3.6 If in the reasonable opinion of WSACP it is considered that the Vehicle will attract a better price if preparatory work is carried out to the Vehicle prior to the Vehicle being advertised for sale WSACP will provide the Client with a Trade Value and Asking Price for the Vehicle in its current condition and for the condition it will be in following the preparatory work and will also provide the Client with a price for the Additional Services. The Client will be responsible for the costs of the Additional Services and WSACP will invoice the Client for the Additional Services. An invoice raised by WSACP for the Additional Services will be payable upon presentation.
3.7 WSACP will act as the agent of the Client in providing the Services and the Client hereby authorises WSACP to negotiate the sale of Vehicle on its behalf. If the Client wishes to place any restriction on the powers of WSACP in relation to the negotiation of the sale or specify a minimum acceptable price for the Vehicle the Client must inform WSACP in writing of its requirements at least 7 days prior to WSACP commencing the Services. WSACP reserves the right to impose an additional fee for the Services where any such condition is placed upon its authority to negotiate the sale on behalf of the Client.
3.8 The Client agrees that WSACP will be instructed as the sole agent for provision of the Services. WSACP will keep a log of all enquiries received by prospective purchasers in the Enquiry Log. In the event that the Client wishes to terminate this Agreement and instructs a third party to provide the Services in place of WSACP the Client will still be liable for the Fee if he/she later agrees a sale of the Vehicle to any party that expressed an interest in purchasing the Vehicle and which appears on the Enquiry Log.
4 Fees and Payment
4.1 Our standard payment terms require payment as follows:
4.1.1 Upon entering into this Agreement the Client will pay to WSACP the sum of £99 ‘Arrangement Fee’ which will be used by WSACP to fund the following initial costs and expenses:
18.104.22.168 inspection of the Vehicle;
22.214.171.124 initial preparation for sale of the Vehicle (other than the costs of the Additional Services); and
126.96.36.199 commencement of the Services.
4.1.2 Any extraordinary travel and other expenses (i.e. travel distance greater than 30 miles from WSACP regional depot) shall be payable in addition to the Fee and where such additional expenses are to be incurred the Client shall reimburse WSACP for any fees or expenses WSACP may incur.
4.1.3 Payment of the Fee upon completion of the sale of the Vehicle as set out in paragraph 4.6 below.
4.2 If the Client cancels this Agreement after requesting WSACP to commence the Services the client shall be liable for the Fee in the circumstances set out in clause 3.8 above and in all other circumstances shall be liable for a cancellation fee of £250 plus any fee due for the Additional Services.
4.3 Calculation of the Fee shall be 50% of the difference between the Trade Value and the Sale Price.
4.4 Payment for the Additional Services will be made immediately upon WSACP presenting an invoice for the Additional Services to the Client.
4.5 All amounts stated are exclusive of VAT and any other applicable taxes which will if applicable be charged in addition at the rate in force at the time WSACP raises an invoice for the Fee.
4.5.1 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in this Agreement then WSACP shall be entitled:
188.8.131.52 to charge interest on the outstanding amount at the rate of 10% a year above the base lending rate of Barclays Bank Plc (accruing daily);
4.5.2 where such payment relates to the Additional Services to cease provision of the Services until such time as the invoice is paid and to exercise a lien over the Vehicle in the meantime and in addition charge a daily rate for storage of the Vehicle of not less than £50 per day;
4.5.3 where the payment relates to the Services and WSACP has received payment direct from the purchaser of the Vehicle WSACP may retain the balance of the Price paid for the Vehicle pending authority from the Client to release sufficient funds to discharge the invoice and for the avoidance of doubt WSACP shall also be entitled to charge interest on a daily basis from the date of the invoice until the date upon which the invoice is paid in full; and
4.5.4 to withdraw without notice any advertising or any other part of the Services or Additional Services.
4.6 The Sale Price shall be paid directly to WSACP by the Purchaser on completion of the sale of the Vehicle and WSACP shall then be entitled to deduct the fee The Client hereby agrees that WSACP shall then be entitled to deduct the Fee and any sums outstanding in respect of the Additional Services from the Sale Price before accounting to the Client for the balance. In the event of any dispute that prevents WSACP from deducting such fees on the date of completion of the sale of the Vehicle the terms of paragraph 4.5 above shall apply to any delay in payment notwithstanding the fact that the Sale Price may be held by WSACP in its client account and subject to a lien in favour of WSACP.
4.7 When making a payment the Client shall quote relevant reference numbers and the invoice number.
5 Client’s obligations and acknowledgements
5.1 The Client undertakes and confirms that the following are correct:
5.1.1 the Vehicle has a current valid up-to-date MOT with an unexpired term of at least three months and the Vehicle also has valid road tax for two months;
5.1.2 the Vehicle has not been imported (i.e. is not considered an ‘import’ and was manufactured of the UK market;
5.1.3 the Vehicle has never been subject to an insurance write off;
5.1.4 the Vehicle has never been used for private hire or as a taxi;
5.1.5 the Vehicle has never been used for private tuition or as a vehicle for the emergency services;
5.1.6 the Vehicle does not have a personalised registration plate or such plate will be removed prior to completion of the sale if the owner wishes to retain the plate;
5.1.7 the Vehicle is undamaged and roadworthy (including any damage to the interior exterior or mechanics);
5.1.8 the Vehicle is not a non-runner;
5.1.9 the Vehicle has two sets of keys;
5.1.10 all Vehicle documentation will be handed over by the Client to WSACP and will be released to the purchaser at the point of sale;
5.1.11 the Client has not instructed any other party to act on his or her behalf in the sale of the Vehicle and will not attempt to sell the Vehicle him or herself during the term of this Agreement;
5.1.12 the Client has complied with all obligations duties and regulations whether statutory or otherwise including those relating to insuring the Vehicle and ensuring it has a valid MOT certificate;
5.1.13 the Client will assist WSACP in complying with any statutory or regulatory obligation;
5.1.14 the Client is the sole owner of the Vehicle;
5.1.15 the Vehicle is not subject to a finance agreement or if the Vehicle is subject to finance agreement the finance will be paid in full at completion of the Sale and you will provide WSACP with all details required to enable WASCP to settle any finance at completion of the sale;
5.1.16 you will provide your unequivocal written authority for WSCAP to settle the finance from monies held on client account and paid as part of the Sale Price. WSCAP will charge a fee of £35 for this service;
5.1.17 the mileage reading on the Vehicle is accurate and that the Client has disclosed any material facts about the Vehicle to WSACP (including details of any defects with the Vehicle and damage to the Vehicle);
5.1.18 that all information provided by the Client to WSACP is true and accurate.
5.2 The Client and WSACP will agree whether the Vehicle is to be delivered into the custody of WSACP to be stored at its premises during the term for which the Services are provided by WSACP to the Client but subject always to the following:
5.2.1 where the car is stored by WSACP on behalf of the Client WSACP reserves the right to charge a storage fee of £40 per month (or part there of) to cover the costs of additional insurance security and cleaning of the Vehicle; and
5.2.2 where the Client retains the Vehicle the Client undertakes to keep WSACP informed of the up-to-date mileage and any damage suffered to the Vehicle. The assumptions we have made assume that your car is in average condition for its age and mileage. We are assuming that there are no major mechanical faults. Damage added by you should be considered above and beyond fair wear and tear.
6.1 Each Party shall keep the terms of this Agreement and any information relating to the value of any offer made for the Vehicle by a potential purchaser confidential.
6.2 This clause shall survive termination of this Agreement.
7 Warranties, liabilities and indemnities
7.1 While WSACP shall make reasonable efforts to ensure reasonable standards of integrity and reliability of any potential purchaser, the Client accepts and agrees that WSACP gives no warranty as to the suitability or financial means of any purchaser introduced.
7.2 Neither the WSACP nor any of its staff shall be liable to the Client for any loss injury damage expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the Services unless such loss damage costs or expenses are the direct result of the negligent acts or omissions of WSACP. In particular but without limiting the generality of the foregoing WSACP shall not be liable for any loss injury damage expense or delay arising from or in any way connected with any failure of a potential purchaser to meet the Client’s requirements or any act or omission of a third party whether wilful negligent fraudulent dishonest reckless or otherwise.
7.3 Except in the case of death or personal injury caused by WSACP’s negligence the liability of WSACP under or in connection with this Agreement whether arising in contract tort negligence breach of statutory duty or otherwise howsoever shall not exceed the Fee(s) paid or due to be paid by the Client to WSACP under this Agreement. WSACP shall not be liable for any matter not reported to it with 28 days of its occurrence.
7.4 Neither Party shall be liable to the other Party in contract tort negligence breach of statutory duty or otherwise for any loss damage costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover profits business or goodwill.
7.5 The Client shall indemnify and hold harmless WSACP from and against all Claims and Losses arising from loss damage liability injury to WSACP its employees and third parties by reason of or arising out of any loss injury expense or delay suffered or incurred by a purchaser however caused and/or any loss injury damage expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of the Client whether wilful negligent fraudulent dishonest reckless or otherwise.
7.6 Each of the Parties acknowledges that in entering into this Agreement it does not do so in reliance on any representation warranty or other provision except as expressly provided in this Agreement and any conditions warranties or other terms implied by stature or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
8 Termination of this Agreement
8.1 Without prejudice to the other remedies or rights a Party may have either Party may terminate this Agreement at any time on written notice to the other Party (‘Other Party’). The notice will take effect as specified in the notice:
8.1.1 if the other party is in material breach of its obligations under this Agreement. If the breach is capable of remedy within 7 days and the breach is not remedied within 7 days by the Other Party receiving notice which specifies the breach and requiring the breach to be remedied; or
8.1.2 if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up or bankruptcy of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction) or if the Other Party enters into a voluntary arrangement or a supervisor, administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar to analogous action in consequence of debt.
8.2 On termination of this Agreement, the Client shall pay for the Services or Additional Services provided up to the date of termination.
8.3 The Client shall remain liable to pay WSACP the Fee for the sale of the Vehicle if the Vehicle is subsequently purchased by a customer appearing in the Enquiry Log.
We hereby give notice of the following WSACP Copyright:
9.1 All information and publication on our Website are protected by copyright 2004-2011 and belong to WSACP. You may print or download extracts of such information or publication from our Website for your personal review. You may also copy such information or publication from our Website to third parties provided that:
9.1.1 the copy is accurate;
9.1.2 the copy is provided free of charge;
9.1.3 you acknowledge WSACP as the source of the material;
9.1.4 this copyright notice and any other proprietary notice which we may include in the publication or on our Website from time to time is prominently displayed; and
9.1.5 you inform such third parties that they must comply with the copyright notice and the applicable proprietary notices.
9.2 Save as expressly permitted above the copying and reproduction of any material from our Website or any incorporation of the same into any other material in any media or format of any kind is strictly prohibited.
9.3 All rights are reserved.
9.4 WSACP makes no representations warranties or guarantees of any kind in respect of any information and publication made available to you on our Website. To the maximum extent permitted by law WSACP expressly excludes all representations warranties obligations and liabilities arising out of or in connection with all such information and publication on our Website.
9.5 All information and publication which are available to you on our Website is general information only and correct at the time of writing. Such information is not intended to constitute a full comprehensive description of the Vehicle.
9.6 WSACP is committed to protecting and respecting your privacy. The following information describes how we use any personal information you provide to us and any other information we collect about you.
9.7 The only personal information that we collect is the personal information that you give us when you complete a form on our Website or when you contact us.
9.8 If you have also provided us with personal information about any other person you confirm that he/she consents to our use of his/her personal data and that you have informed him/her of our identity and provided him/her with a copy of this Agreement.
9.9 In addition to the information that you may provide to us we (and our external web hosting service provider) may also collect details of your visits to our Website and the resources that you access; however such information does not identify you as an individual.
9.10 We may collect information about your mobile phone computer or other device from which you access our website including where available your IP address operating system and browser type for systems administration. This is statistical data about our users’ browsing actions and patterns and does not identify any individual. We may however use such information in conjunction with the data we have about you in order to track your usage of our services.
9.13 We use your information:
9.13.1 to try to ensure that content from our website is presented in the most effective manner for you and your device;
9.13.2 to provide you with information and/or services that you request from us or which we think may interest you;
9.13.3 to respond to any communication received from you;
9.13.4 to carry out our obligations arising from any contracts entered into between you and us;
9.13.5 to notify you about changes to the Services and Additional Services.
9.14 We never sell your information or pass it to any third party for marketing purposes or for any other purpose unconnected with our business.
9.15 The only circumstances under which we would ever disclose your information to a third party are:
9.15.1 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect or enforce our own or another person’s rights;
9.15.2 in the event that we enter negotiations to merge with or sell our business to a third party in which case your information may be shared with that third party either before or after the merger or sale; or
9.15.3 where third party subcontractors do work for us in which case they are only allowed to use your information to do that work for us and not for any other purpose.
9.16 You have the right to ask us not to process your personal data for marketing purposes.
9.17 You can do this by opting-out option by emailing or in writing that you do not wish to receive marketing information from us.
9.18 You have the right to request a copy of the information that we hold about you. Any request may be subject to a reasonable administrative fee to meet our costs in providing you with details of the information we hold about you.
9.19 You are entitled to have any inaccuracies in your personal information corrected.
9.20 Please contact us if you would like us to take any action in respect of the rights set out above.
10.1 Force majeure
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this Agreement by written notice to the other Party.
This Agreement may only be amended in writing signed by duly authorised representatives of WSACP.
10.3 Entire agreement
This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
No failure or delay by WSACP in exercising any right power or privilege under this agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
This Agreement shall constitute an agreement between the Client and WSACP to appoint WSACP to act as sole agent for the Client in providing the Services and Additional Services.
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful void or unenforceable the provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
In this Agreement unless the context otherwise requires:
10.7.1 words importing any gender include every gender;
10.7.2 words importing the singular number include the plural number and vice versa;
10.7.3 words importing persons include firms companies and corporations and vice versa;
10.7.4 references to numbered clauses and schedules are references to the relevant clause in or schedule to this Agreement;
10.7.5 reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
10.7.6 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow things to be done or omitted to be done;
10.7.7 the headings to the clauses schedules and paragraphs of this Agreement are not to affect the interpretation;
10.7.8 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
10.7.9 where the word ‘including’ is used in this Agreement it shall be understood as meaning ‘including without limitation’.
Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail to the address of the relevant Party set out in clause 1.
10.9 Law and jurisdiction
The validity construction and performances of this Agreement shall be governed by English law and shall be subject to the non exclusive jurisdiction of the English courts to which the Parties submit.
10.10 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.