D Hales Motor Salvage
This is an auction of motor salvage vehicles and dismantled parts for those involved in the motor trade
Terms & Conditions For Registered Users
The following is a legally binding contract between you and D Hales Limited. By registering on our site, www.dhales.co.uk, you agree to the terms of this Agreement, and you re-affirm that agreement every time you login or bid or make other use of any of our site services.No warranties/As is
The description(s) of the vehicle damage are general indications only and are unlikely to be a complete list.
Unless specifically stated otherwise, we offer the vehicles in their current state and location with no guarantee whatsoever as to condition, roadworthiness, or recorded mileage.
The vehicles are offered in a damaged or incomplete condition having been the subject of an insurance company total loss and we expressly exclude any warranty as to the suitability, merchantability, or fitness for any purpose of any vehicle purchased.
It is the responsibility of the successful bidder to ensure that the vehicle is in a roadworthy condition before the vehicle is used or re-sold.
We strongly advise you to inspect the vehicle before making a bid.
Vehicle Documents
We do not supply existing Vehicle Registration Documents (V5s) or MOT certificates with the vehicles unless we specifically state in the Vehicle Details that they will be provided.
However, we will normally notify Swansea of the change of ownership to the winning bidder. The name and address notified will be the full name and address given when you registered on our web-site.
Cherished Plates
The winning bidder of a vehicle does not get Title to the Registration Number which will remain our property. If required by us, the winning bidder will take all steps to make the Plate available to us without cost to ourselves.
Withdrawal of vehicle from auction
We reserve the right to withdraw any vehicle from auction at any stage before the close time of that vehicle’s auction.
Signwriting on vehicles
We reserve the right to remove or obscure any signwriting that may be on an auctioned vehicle before or after the auction.
Bidding/Selling requirement
You must be over 18 years old and able to form legally binding contracts.
Bid status information
It is your responsibility to review the on-going status of any bid(s) you have made.
Whilst our automatic emails are designed to keep you updated about the status of any bids you have made, we cannot guarantee that our systems will provide you with timely and/or complete information on the status of your bid(s). If you do not receive timely automatic email confirmation from us of receipt of a bid and / or your bid was higher than the winning bid showing on that auction after the screen has refreshed, you should assume that the bid has not been received.
Suspension or Termination of your Registration
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Registration, without giving you a reason and whether or not you are in breach of any of these Terms & Conditions.
Bidding
Once you have made a bid, you may not retract it and you are obligated to complete and pay if that bid is the winning bid. This includes Auto Bids.
Vat
On VatQualifying vehicles, on most commercials and on some parts, Vat will be charged extra to the recorded winning bid. Vat is additional to the Winning Bid on any item where the bidding screen states that VAT will be added.
You agree (and will sign a declaration if requested) that input tax deduction has not been and will not be claimed by you in respect of non-Vattable vehicles bought from D Hales Ltd.
Bid & payment currency
All bids and all payments to us must be in pounds sterling.
Collection hours
If you are the winning bidder, you are responsible for collecting the vehicle from our site within a week after the end date of the Auction.
The opening times for collections from yards are now 9.00AM to 4.00PM Monday to Friday.
Please contact the Yard by phone, fax or email at least 24hours before you wish to collect to check the vehicle is still at that yard and that the Yard can make your vehicle available to you within a reasonable +/- of your requested date/ time.
If you don’t collect within the week, then storage at £10.00 per day (including VAT) will be payable by you from day 8 to day 14 inclusive and at £20.00 per day (including VAT) for day 15 onwards. Payment of any such storage charges must be made before the vehicle will be released.
Payment
For any winning bid of £500.00 or less, you have to pay the full amount by DirectDebit or by one of the acceptable credit, debit or charge cards listed below over the phone if we request it.
For any winning bid over £500.00, you have to pay at least the first £500.00 by DirectDebit or by one of the acceptable credit, debit or charge cards listed below as a non-refundable deposit if we request it. The balance must be paid in full within 3 working days by cash, debit card or other guaranteed payment method. There is a limit on cash payments of £9,000 applicable to any single payment or series of payments relating to one or more purchases made by a buyer on the same day.
If any payment in respect of any goods and/or services is due to us but not paid then interest will be charged on that payment at an annual rate (but with interest accruing on a daily basis) of 4% above the base rate from time to time of National Westminster Plc, such interest to accrue from the due date for such payment until the date of actual payment of all sums outstanding.
Acceptable Credit, Debit or Charge Cards
The following cards are acceptable for amounts up to £500.00:
MasterCard, Maestro, Visa, Switch, Solo and JCB Cards.
Debit Cards are acceptable for any amount.
Non-payment
If you are the winning bidder at an auction close and you subsequently fail to pay in accordance with the contractual terms above, we reserve the right –
To offer the vehicle to under-bidders (next highest first etc) until we have a valid offer and sue you for the difference between your bid and the accepted offer; or
To re-auction the vehicle and sue you for the difference between your bid and the completed winning bid; or
To cancel our contract (without any compensation to you).
Failure to respond at Registered contact phone numbers
If you are the winning bidder at an auction close and we are unable to contact you by phone (at the contact phone numbers shown on your current registration details) during our normal working hours within two working days after the close of the auction, we reserve the right –
To offer the vehicle to under-bidders (next highest first etc) until we have a valid offer and sue you for the difference between your bid and the accepted offer; or
To re-auction the vehicle and sue you for the difference between your bid and the completed winning bid; or
To cancel our contract (without any compensation to you).
Indemnity to D Hales Ltd
You agree to indemnify and hold D Hales Ltd harmless from and against any third party claims, demands, action or causes of action arising out of or in connection with your use, resale or disposal of a Salvaged Vehicle.
Disclosure of Registration information
We have a firm commitment not to release your personal information without your explicit agreement.
However, unless you tell us not to, we reserve the right to present information about you to third parties, but only in the form of aggregate statistics compiled from the users of and/or visitors to our site. We may disclose certain statistics on an aggregate, anonymous basis to carefully selected companies so that, together, we and they can provide you with offers and services tailored to your interests and requirements.
When working with advertisers, we interact with them to deliver targeted advertising to you, but without sharing any of your personal information with them. They will tell us the type of audience they want to reach and provide us with advertising material for us to deliver. This means that your personal information is not and cannot be accessed by them.
We may also use HTML appliances known as “cookies” to personalise your experience of our site, including saving your password and other personal data.
Under the UK data protection regime we are required to have in place adequate security measures, to ensure that no one can gain unauthorised access to any personal data we hold relating to you. This means we may require proof of identity before we are able to disclose to you any information covered by the data protection regime that we hold about you.
You should be aware that when you disclose personal information online, in public or to people whom you do not know, that information could be collected and used by others for their own purposes. When using our site, you must observe others’ privacy in relation to any information which they may voluntarily or inadvertently disclose when using the site. This said, we cannot and will not be liable for misuse by other people of any such information, and you should consider this carefully before disclosing any information in connection with any such part of the site which you would not want to be misused. Information disclosed by you in connection with those public service elements is disclosed entirely at your own risk.
We may also disclose this data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
Except as stated above, we will not use your data for any other purpose or disclose it to any other person, unless you have given your consent to our doing so, either during registration or at some other time.
Changes in Registration information
If any of the “required information” you gave us on Registration or by later notification, is incorrect or superseded, you are under an obligation to notify us promptly by updating your Registration details through your Members Area with the corrected information and, in any event, before submitting any new bids or submitting any new vehicle to Member's Auctions.
System Interference
You may not do (or attempt to do) anything with the objective of
Interfering with the proper working of our site or any auction being conducted on our site; and/or
Putting an unreasonable, or disproportionately large, load on our infrastructure.
You may not disclose or share your password to any third parties or use your password for any unauthorised purpose.
Service Interruption & Security
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
Consequential loss
We will not be liable to you or any third party for an indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.
Changes to this Agreement
We reserve the right to amend this Agreement from time to time. If we exercise this right, we will notify you of this fact by email to your registered email address. This new Agreement shall be effective, and will govern all Auctions as well as other activity, commencing after the date of posting (or such later date as we indicate in such posting). If you do not wish to be governed by the new version of the Agreement, you may notify us and from the date when the new terms and conditions take effect you must cease to participate in Auctions and any other site facilities.
Notices
Except as explicitly stated otherwise, any notices given by you by email should be addressed to auctionadmin@dhales.co.uk, any notices given by us to you will be addressed to your registered email address. Such notice shall be deemed to have been given and received 24 hours after the email is sent, notwithstanding the fact that the sending party may be notified that the email address is invalid for any reason (including the possibility that the email address in your Registration details is incorrect or out of date).
Alternatively, we may give you notice by registered post to the address provided to us during the registration processes and you may give us notice by registered post to our Registered Office. In such case, notice shall be deemed to have been given and received 3 days after the date of mailing.
Place of performance and applicable law
Every Auction shall be deemed performed in England.
This Agreement and any Auction shall be governed by English Law.
Entire Agreement
This Agreement constitutes the entire agreement and understanding between you and us relating to the subject matter of this Agreement, and (in relation to that subject matter) supersedes any and all previous agreements, arrangements, statements and understandings, although nothing in this clause shall operate to limit or exclude liability for any fraud or fraudulent representation by either party. You and we each acknowledge and agree that, in entering into this Agreement and the documents referred to in it, neither of us rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not).
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Company Name: D Hales Limited
UK Company # 3265818
Registered Office:
1/3 Chapel Lane
Fishponds Trading Estate
Bristol
BS5 7EY
UK