Terms and Conditions of Trade Sale

The “Seller” means CC Automotive Group Limited trading as CC Trade Sales
The “Buyer” means the person or company named as such on the Sales Invoice overleaf
The “Vehicle” means the automobile named overleaf which is the subject matter of the contract

1. The Seller shall sell and the Buyer shall purchase the Vehicle stated overleaf in accordance with these terms and conditions which shall govern the contract to the exclusion of any other terms.
2. No variation to these terms shall be binding unless agreed in writing by both the Seller and the Buyer.
3. This agreement is a commercial contract and is classified as a trade sale. The position of the Buyer is ‘caveat emptor’ (buyer beware) unless otherwise agreed in these terms and conditions.
4. The Buyer shall satisfy himself of the physical condition of the Vehicle by conducting a personal inspection of the Vehicle where reasonably practicable prior to placing a bid.
5. The Buyer verifies that he is buying the Vehicle “in the course of a business” and will not sell or supply the vehicle to a consumer or other third party in its current condition.
6. The Vehicle identified overleaf is sold in an unroadworthy condition and is sold only for spares or repair. The Vehicle must not in any circumstances be driven on the road in its current unroadworthy condition and must be collected or delivered by transporter vehicle.
7. The vehicle may be sold with or without the benefit of an MOT. Any Vehicles displaying a valid MOT certificate shall not be taken as an indication that the vehicle is roadworthy.
8. The mileage on the Vehicle has not been verified and is sold as unchecked and unwarranted. The mileage is disclaimed to the fullest extent permitted by law.
9. The Seller’s employees or agents are not authorised to make any oral representations concerning the Vehicle. In entering into the contract, the Buyer acknowledges that he does not rely on any such representations which are not so confirmed. Any such representations made shall not be binding unless confirmed by the Seller in writing.
10. Any typographical, clerical or other error or mission in any sales literature, quotation, price list, acceptance of offers, invoices or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
11. Once the Buyer has made an offer to buy the Vehicle which has been accepted by the Seller, the Buyer may not cancel the agreement.
12. The price quoted overleaf is inclusive of applicable Value Added Tax where applicable and expressly itemised.
13. If the Buyer fails to make payment on the date due, then without limiting any other right or remedy available to the Seller, the Seller may cancel the contract, appropriate any payment made by the Buyer, and charge the Buyer interest on the amount unpaid, at the rate of 8 per cent per annum above Barclays base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest) or the Vehicle is resold.
14. The Vehicle shall remain the property of CC Automotive Group Limited until the total purchase price has been discharged in full. A cheque given by the Buyer in payment shall not be treated as a discharge until the same has been cleared.
15. Until such time as the property in the Vehicle passes to the Buyer (and provided the Vehicle is still in existence and has not been resold), the Seller may at any time require the Buyer to deliver up the Vehicle to the Seller and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Vehicle is stored and repossess it.
16. Delivery of the Vehicle shall be made by the Buyer collecting it from the Seller’s premises by transporter at any time after the Seller has notified the Buyer that the goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Vehicle to that place.
17. Any dates quoted for delivery of the Vehicle are approximate only and the Seller shall not be liable for any delay in delivery of the Vehicle however caused. Time for delivery shall not be of the essence of the contract unless previously agreed by the Seller in writing.
18. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate instructions for delivery, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs or, at the option of the Seller, sell the Vehicle at the best price readily obtainable.
19. Risk of damage or loss of the Vehicle shall pass to the Buyer at the time the contract is made.
20. An indemnity fee may be chargeable. If an Indemnity Fee is paid by the Buyer then this guarantees that a HPI check has been carried out on the Vehicle. Any outstanding finance disclosed on the HPI check will be settled by CC Automotive Group Limited within a reasonable period of time following the sale of the Vehicle to the Buyer.
21. If the Buyer requires a copy of the HPI check then this must be expressly requested from the Seller prior to the placing of any bids.
22. The Seller excludes liability on the Vehicle for outstanding finance secured on the Vehicle which has not been displayed on the HPI check that it has carried out.
23. All warranties, conditions or other terms implied by the Sale of Goods Act 1979 (as amended by subsequent legislation) are hereby excluded to the fullest extent permitted by law.
24. All warranties, conditions or other terms implied by other statutes, regulations and/or common law are expressly excluded to the fullest extent permitted by law.
25. Consequential losses, loss of profits, other costs, expenses or other claims for compensation which arise out of or in connection with this contract are hereby excluded.
26. The negligence of the Seller is hereby excluded except in respect of death or personal injury.
27. The entire liability of the Seller in connection with or under this contract shall not exceed the purchase price or the current trade value of the Vehicle (whichever is the lowest).
28. The contract shall be governed by the laws of England and the Buyer agrees to submit to non-exclusive jurisdiction of the English courts.
29. To the best of our knowledge the CAP Clean Price guide that we provide is correct at the date of publication. However please check this yourself as the company cannot be held responsible for any incorrect information provided by a third party organisation. Please do not rely on the guide information to make a purchasing decision. Please make your own direct enquiries before purchase.