Terms & Conditions
The terms below will apply to every purchase of a vehicle by Car Buyers Wales Limited. 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 employee on behalf of Car Buyers Wales Limited. (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" or " Car Buyers Wales Limited. " .References to the "Seller" relates to you, the owner of the vehicle which is the subject matter of the purchase.
In order to commence the purchase process, you (the Seller) must visit the Car Buyers Wales Limited website www.carbuyerswales.com and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail which contains one valuation. The valuation is provided on a "subject to contract" basis and are not legally binding. Car Buyers Wales Limited reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Price Quoted
The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT).
All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
If for some reason an error in the valuation quoted has occurred, Car Buyers Wales Limited will rectify the price as soon as reasonable practicable after notification of the mistake.
No liability whatsoever can be accepted by Car Buyers Wales Limited for accidental mistakes or errors caused by system failures.
Any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to Car Buyers Wales Limited will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as fifty miles or over.
Car Buyers Wales Limited will pay for the vehicle by CHAPS made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose.
Cleared funds should take between 10-30 minutes depending on customer's processing bank after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
Car Buyers Wales Limited reserves the right to pay by any other appropriate payment method when and where reasonable.
Payment will not fall due if the Company rescinds the contract within a reasonable period after the physical examination by a qualified employee of Car Buyers Wales Ltd.
4. Seller's Warranties
The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
The Seller warrants that the vehicle is not subject to undisclosed finance.
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.
The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with or changed.
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, taxi, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
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.
The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. Vehicles subject to Finance
It is the responsibility of the Seller to disclose to Car Buyers Wales Limited any existing finance associated with the vehicle.
Car Buyers Wales Limited may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion. Car Buyers Wales Limited has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
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 Car Buyers Wales Limited the difference between the settlement figure and the agreed sum in advance of Car Buyers Wales Limited 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.
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. Car Buyers Wales Limited does not accept any liability with respect to the related finance at any time or for any reason.
Car Buyers Wales Limited 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
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.
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 Car Buyers Wales Limited 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.
The vehicle must be delivered by the Seller to designated premises allocated by Car Buyers Wales Limited at the Seller's expense.
Collection of the vehicle directly by Car Buyers Wales Limited will only be made in the most exceptional of circumstances and only by prior agreement. An additional charge may be levied in these circumstances.
The vehicle will be inspected by a Car Buyers Wales Limited 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 online valuation 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 valuation.
In addition to the on-site valuation, the vehicle must be physically inspected by a qualified mechanic either before or after the Seller has signed the written contract.
If the physical inspection by the qualified mechanic is carried out after the written contract has been completed and signed by the Seller, the Company may rescind the contract for any serious defect subsequently discovered in the vehicle by such inspection.
The physical inspection must however be conducted by the qualified mechanic on behalf of Car Buyers Wales Limited within 48 hours of the written contract being signed by the Seller. Failure to have the vehicle physically inspected within this strict time period is at the risk of the Company.
9. Miscellaneous Items
When the Seller delivers the vehicle, he shall provide Car Buyers Wales Limited with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
10. 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.
11. Exclusion of Liability
The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
13. 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.
14. Governing Law and Jurisdiction
The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.
"Car Buyers Wales Limited" is a trading name of Car Buyers Wales Limited whose registered office is Abertawe House, Ystrad Road, Fforestfach, Swansea, SA5. Registered in England & Wales under company registration number 06984408