The terms below will apply to every purchase of a vehicle by Cash 4 Cars Please note that all communications, whether by email, internet, telephone, fax, post, face to face or other means are conducted on a “subject to contract” basis. No legally binding contract between the Seller and the Company will be formed in any circumstances until (i) the company has had the opportunity to conduct an on-site valuation of the vehicle and inspect the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a qualified mechanic on behalf of Cash 4 Cars (which may in some cases take place at a later date); AND (iii) the parties have entered into the company’s standard written contract of purchase which incorporates the terms stated below.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
References to the “Company” relate to Cash 4 Cars. References to the “Seller” relates to you, the owner of the vehicle which is the subject matter of the purchase.
1. Pre-Contract Information
1. In order to commence the purchase process, you (the Seller) must visit the Cash 4 Cars website www.cash4cars.org.uk and fully complete the online appraisal process. Once you have completed the online appraisal process you will subsequently receive an e-mail which contains your initial valuation. You will need to provide us with certain information about the condition of the vehicle that you want to sell. This will be needed to ensure an accurate appraisal.
2. Valuations are provided on a “subject to contract” basis and are not legally binding. Cash 4 Cars reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Appraisal Price
1. The price given in the appraisal will be in pounds sterling and will be inclusive of Value Added Taxation (VAT).
2. All prices given in the appraisal are given in good faith and are derived from a combination of factors including the information supplied by the Seller. If inaccurate, false or misleading information is given by the Seller it will result in an inaccurate appraisal which cannot be relied upon by the Seller.
3. If for some reason an error in the valuation quoted has occurred, Cash 4 Cars will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by Cash 4 Cars for accidental mistakes or errors caused by system failures.
4. Any significant increase in mileage on the vehicle from the date of the appraisal to the date of collection by Cash 4 Cars will result in the appraisal value given being incorrect. A revision to the appraisal may need to be re-calculated. A significant increase is defined as fifty miles or over.
1. Cash 4 Cars. will pay for the vehicle by BACS made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose.
2. Cleared funds may take up to 3-4 working days after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
3. Cash 4 Cars reserves the right to pay by any other appropriate payment method when and where reasonable.
4. Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a qualified mechanic.
4. Seller’s Express Warranties and Representations
1. The Seller expressly warrants that all the information supplied during the on-line appraisal process and any subsequent contact by voice, e-mail, fax or text is accurate and correct to the best of his knowledge.
2. The Seller warrants that the vehicle is not subject to any undisclosed finance agreement.
3. The Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
4. The Seller warrants the odometer reading on the vehicle is correct and that the odometer has not, to the best of his knowledge, been modified, altered or tampered with.
5. The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, un-roadworthy and/or chassis/suspension damage and the like).
6. The Seller warrants to the best of his knowledge that there are no undisclosed “title defects” with the vehicle that any prudent purchaser would need to be informed of.
7. The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
8. The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. Vehicles subject to Finance
1. It is the responsibility of the Seller to inform Cash 4 Cars any existing finance outstanding on the vehicle.
2. Cash 4 Cars may agree to settle any outstanding finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion but has no duty to pay any outstanding finance owed.
3. If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay Cash 4 Cars the difference between the settlement figure and the agreed sum in advance of Cash 4 Cars settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated.
4. The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. Cash 4 Cars does not accept any liability with respect to the related finance at any time or for any reason.
5. Cash 4 Cars will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. Property and Risk
1. Risk and property in the vehicle will pass from the Seller to the Company at the time that the written contract is signed by the Seller.
2. Failure by the Seller to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the “issue” of payment by Cash 4 Cars to the Seller and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the issue of the cheque (or other appropriate means of payment) to the third party.
7. Collection By, or delivery To, Us
If you have agreed to deliver the Car to us, you shall deliver it on the date agreed between you and us. If you have asked us to collect the Car we will give you an estimate of the time we will collect it. We will endeavour to collect the Car within one hour of the time we give you for collection but are not able to warrant that we will not be late.
When we collect or you deliver the Car you will provide to us:
1. All keys, immobiliser fobs and any other items necessary to fully operate the vehicle;
2. The vehicle’s service record any receipts of any work;
3. The vehicle’s current and previous MOT certificates;
4. The vehicle’s “log book” (V5 Document))
5. The Car’s road tax disc;
6. The vehicle’s Audio equipment fascia ;
7. To prevent fraud, Proof of ID (Driving Licence or Passport). Without exception, if the vehicle is stolen or any other fraudulent activity is discovered, all information will be passed to the relevant authorities.
Please note it is the Registered Keepers Legal Responsibility to advise DVLA of the sale of the vehicle. Failure to do this will result in a fine. You should notify DVLA using the appropriate section of the registration document or certificate. The section you use will depend on the type of document you hold. For further information please use the link : Direct.gov website. We recommended that you take a photocopy and/or proof of postage before sending.
We will take full undisputed title to and risk in the car when we take physical possession of it.
* The vehicle will be inspected by a Cash 4 Cars representative prior to completion of the written contract. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the appraisal process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not disclosed affect the appraisal price given.
9. Consequential Losses
* The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
10. Exclusion of Liability
* The Company does not limit its liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
11. Variation of terms and conditions
* The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
12. Third Party Rights
* Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
13. Governing Law and Jurisdiction
* The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.