Terms & Conditions
1. THESE TERMS
1.1 Big Motoring World is a trading division of Bapchild Motoring World (Kent) Limited whose registered office is Unit 2, Ambley Green, Gillingham Business Park, Gillingham, Kent, ME8 0NJ. Registered in England & Wales under company registration number 4742605. VAT Number: 812 457 050
1.2 These terms (together with the documents referred to within) (the “Terms”) set out the terms on which we, Big Motoring World, will buy from you and you will sell to us your vehicle (the “Vehicle”).
1.3 Please read these terms fully before you sign our standard written purchase contract (the “Contract”) to which these terms apply. We recommend that you keep a copy of them for future reference.
1.4 By entering into this contract, you confirm that you accept these terms and that you agree to comply with them.
1.5 We are not obliged to purchase any vehicle brought to an appointment (in particular we reserve the right to turn you away from an appointment if you are selling a vehicle for commercial purposes, e.g. in the course of a motor trade business or whereby the vehicle is not as described or differs to images you have provided) and neither are you obliged to sell any vehicle brought to an appointment.
2. ENTERING INTO PURCHASE CONTRACT
2.1 If you wish to accept our offer to purchase the vehicle at the price, a binding agreement to purchase the vehicle will only be made between us once both you and we have signed our standard written purchase invoice/agreement and upon acknowledgement that you have read and agree to these terms (the “Contract”).
2.2 Any negotiations or discussions which take place prior to signing the contract will not be binding on you or us.
3. YOUR REPRESENTATIONS
3.1 If we buy a vehicle from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the vehicle;
(b) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the vehicle and have the right to transfer the full unencumbered legal title and full ownership of the vehicle to Big Motoring World;
(ii) you warrant that no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise;
(iii) other than in respect of any finance outstanding on the vehicle, which you have disclosed to us, no person has any claim to the vehicle i.e. the vehicle is free from any lien or encumbrance whether financial or otherwise;
(iv) the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with;
(v) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any material mechanical problems or damage including cut and shuts, is mechanically unsound or inoperable, un-roadworthy and/or chassis damage and the like);
(vi) all information supplied by you in respect of the vehicle (whether in obtaining an on-line valuation, at any appointment or otherwise) is true and accurate in all respects;
(vii) the vehicle is registered in the UK and was not used abroad before being registered in the UK;
(viii) you warrant that there are no undisclosed “title defects” with the vehicle that a prudent purchaser would want to be informed about;
(ix) The vehicle has not been used for self-drive hire, as a licensed taxi or for registered driving tuition;
(x) The vehicle has not been involved in an accident resulting in total insurance loss;
(xi) The vehicle has a current MOT for no less than 2 months;
(xii) The vehicle is not stolen nor a cloned vehicle;
(xiii) The Vehicle Identification Number and Engine Number presented upon the vehicle are correct and unaltered.
(c) you are not (nor are you acting on behalf of anyone who is) selling the vehicle in the general course of business.
3.2 In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the vehicle with immediate effect; and/or
(c) to rescind any contract with immediate effect;
(d) (where appropriate) seek damages from you; and/or
(e) (where appropriate) notify any relevant law enforcement body.
4. HAND-OVER REQUIREMENTS
4.1 At the time of making the contract, you will need to provide us with:
- all copies of the vehicle’s keys you have (including spare keys where applicable);
- the vehicle’s registration document (V5);
- Proof of purchase (if requested by us whereby you have owned the vehicle for less than 3 months) to be provided by registered and reputable seller to include business name, address and VAT number;
- the vehicle’s service history (if any);
- the vehicle’s user manuals (if any);
- any accessories there may be such as a locking wheel nut, radio fascia, SD cards or remote controls;
- Copy driving licence;
- Settlement letter (if any).
4.2 We will also expect you to remove any personal possessions from the vehicle once the contract has been concluded. We will not be responsible for any personal items lost once the vehicle is in our possession.
4.3 You agree to allow our vehicle collection agent to check the VIN of the vehicle by connecting an OBD reader. Where such action is refused, you accept that we can only seek to purchase the vehicle with evidence of at least 6 months ownership.
4.4 Where the vehicle collection agent is unable to match the VIN upon the OBD reader with the corresponding VIN’s upon the vehicle and associated paperwork, the transaction will be terminated with immediate effect.
4.5 In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the vehicle with immediate effect, to rescind or terminate any contract with immediate effect and/or to indicate a revised price at which we will be prepared to purchase the vehicle. If we elect to rescind the contract, we will return the vehicle to you, and you will refund the price to us by no later than 5 working days.
5. PRICE AND PAYMENT
5.1 Once the contract has been made, and we are in possession of the vehicle, we will pay you the price for the vehicle, by NatWest Payit™ system. You will receive an email link to allow the process of an instant payment.
5.2 It is possible that events beyond our control may delay payment, and if that happens we will not have any liability to you for the delay.
6. VEHICLES SUBJECT TO FINANCE
6.1 We may make you an offer to purchase the vehicle even though it is the subject of a finance arrangement between you and a third party (“Finance Agreement”), provided that we receive a written statement of the amount required to settle the finance agreement in full from the third-party.
6.2 We will only pay to a third-party such sum as we agree with you in writing. Following receipt of any sum due from you under condition 6.3(b) below, we will forward such sum to the third-party on your behalf, as soon as is reasonably practicable after we enter into the contract.
6.3 If the price is:
(a) higher than the settlement figure required to fully settle any sum outstanding under any finance agreement we will pay you the difference; or
(b) lower than the settlement figure required to fully settle any sum outstanding under any finance agreement you must pay us the difference.
6.4 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.
6.5 Big Motoring World does not accept any liability with respect to the related finance at any time or for any reason.
6.6 Big Motoring World 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.
7. LIMITATION OF OUR LIABILITY
7.1 Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
7.2 To the extent permitted by law, we will not be responsible or liable to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings (whether direct or indirect). However, this shall not prevent you from claiming for loss of, or damage to, your physical property which is caused by our negligence.
7.3 Subject to the above, our maximum aggregate liability to you under or in connection with any contract with you shall not exceed the price of the vehicle.
8. YOUR LIABILITY
8.1 You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these terms; or (ii) infringement of the rights of another person.
9.1 If any term of these terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the terms will continue to be enforceable.
9.2 You may not assign, sub-license or otherwise transfer any of your rights or obligations under these terms to any other person.
9.3 These terms do not give rise to rights that are enforceable by any person who is not party to these terms.
9.4 If we do not exercise or enforce a right under these terms against you at any time, this does not prevent us from doing so at a later date.
10. CONSEQUENTIAL LOSSES
10.1 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.
11. APPLICABLE LAW
11.1 These terms, its subject matter and its formation, are governed by English law and you and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any dispute or claim arising in relation to these terms, except that where the appointment takes place in Scotland, these terms shall be governed by Scottish law and the courts of Scotland will have exclusive jurisdiction in connection with any dispute or claim arising in relation to these Terms.
12.1 The terms of this agreement cannot be varied by verbal representation. Any variation must be in writing and signed and accepted by both parties.
13. THIRD-PARTY RIGHTS
13.1 Nothing in these terms and conditions of purchase shall be construed as giving any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
14. USE OF YOUR INFORMATION
15. AGREEMENT VERSION
15.1 V.2.0 Standard terms and conditions last amended on 10.11.2022.