This website www.silverlake.co.uk (the "Website") and the auction service and parts sales provided on the Website are operated by Silverlake Garage (Motor Salvage) Ltd, a company incorporated in England (Co. No. 00624778) whose registered office is at Rowash, Botley Road, Shedfield, Nr. Southampton, Hants. SO32 2HL. VAT Registration number: 188 4494 11.
Last Updated 25th April 2013
1.1 This website auctions.silverlake.co.uk (the "Website") and the auction service provided on the Website are operated by Silverlake Garage Motor Salvage Ltd ("Silverlake"), a company incorporated in England (company number 624778) whose registered office is at Row Ash, Botley Road, Shedfield, Southampton, SO32 2HL. Silverlake's VAT Registration number is 188449411.
1.2 You must be a registered user (a "Bidder") to place bids and buy vehicles on this Website.
1.3 You should read these Terms and Conditions carefully before completing your application to be a Bidder and if you do not accept the Terms and Conditions, you should not register for the auction service and should cease to access the Website.
1.4 For the purpose of these Terms and Conditions references to "Seller" are to the seller of a Lot as defined in clause 3.1 below and may include Silverlake where Silverlake acts as the seller of any vehicles or parts thereof. Otherwise references to Silverlake are in its capacity as auctioneer and agent for the Seller.
1.5 On registration as a Bidder you accept that these Terms and Conditions will create a legally binding contract between you and Silverlake. You will re-affirm that agreement every time you log in, or bid, or make use of any of the services on the Website.
1.6 These Terms and Conditions may change without notice and it is your responsibility to check the Terms and Conditions each time you access the Website or enter an auction.
1.7 No agent or employee of Silverlake or of a Seller has the authority to vary or agree any variations to these Terms and Conditions except as expressly provided below.
2.1 Only registered Bidders may enter any auction.
2.2 To register as a Bidder, you must:
2.2.1 be over the age of 18 and capable of entering into a legal agreement; and
2.2.2 complete the application form; and
2.2.3 comply with all requests Silverlake may make for proof of identity and references as to character and/or financial standing;
2.2.4 be accepted as a Bidder by Silverlake (in its entire discretion).
2.3 The completed application form must be submitted to Silverlake or a person authorised by Silverlake together with all other documents that may be requested for approval by Silverlake.
2.4 On approval of your application to register as a Bidder, Silverlake will provide you with your user ID and password to confirm your registration. You are responsible for all actions taken under your user ID. Your user ID is not transferable and you should not allow others to use it or disclose or make available your password to any other person.
2.5 Silverlake reserves the right to decline any application, and to terminate your registration at any time, with or without notice or cause and in its entire sole discretion.
2.6 Without limiting any other remedies of Silverlake under these Terms and Conditions, Silverlake may suspend and/or terminate your registration if Silverlake has any reason to suspect that you have engaged in, or have in any way been involved in or linked to any fraudulent activity in connection with any auction or your use of the Website or that you have misused the Website or the bidding process or breached your obligations under these Terms and Conditions.
2.7 You must notify Silverlake immediately if there is any change to any of the information supplied as part of your application for registration as a Bidder.
3.1 Each auction sale will consist of one lot ("Lot"). A Lot may consist of one or more salvaged vehicles or total loss vehicles or vehicle parts and any vehicle in a Lot may be in a damaged or incomplete condition and/or may have been determined to be a total loss.
3.2 All vehicles (and/or parts) are sold in their current state and location with all faults and imperfections and errors of description except where expressly stated otherwise.
3.3 All photographs and illustrations of any Lots (or parts thereof) shown on the Website or in any catalogue or brochure are for identification only and neither Silverlake nor the Seller of any Lot gives any warranty that any photograph or illustration of a Lot (or part thereof) is in any way an accurate or full depiction of the state or condition of the Lot (or part thereof) whether at the time of sale or at any time after publication.
3.4 Bidders should satisfy themselves prior to sale as to the origin, description, suitability, age, mileage, durability, completeness, operability, state and condition of each Lot and should exercise and rely on their own judgment as to the condition and quality of the Lot and whether the Lot conforms to its description and whether the Lot is suitable for the Bidder's purpose.
3.5 Subject to clauses 8.4 and 10.3 below none of Silverlake, its employees or any Seller shall be responsible for any errors of description or for the authenticity or suitability of any Lot.
3.6 Subject to clauses 8.4 and 10.3 below Silverlake, and the Sellers expressly exclude all express and implied terms and conditions, guarantees and warranties as to the condition, roadworthiness, or recorded mileage, suitability, quality, or fitness for any purpose of any vehicle purchased to the maximum extent permitted by law.
3.7 It is the sole and exclusive responsibility of the successful Bidder to ensure that any vehicle purchased is in a roadworthy condition before the vehicle is used or re-sold and Bidders are strongly advised personally to inspect Lots and/or seek professional guidance before making any bids.
4.1 All vehicles are sold to the Buyer without title to the vehicle registration number which will remain the property of the Seller except where expressly otherwise notified to the Buyer by Silverlake in writing.
4.2 On request by the Seller, the Buyer shall take all necessary steps to make any vehicle registration number plate within a Lot available to the Seller without any cost to the Seller.
4.3 The Seller does not supply existing Vehicle Registration Documents ("V5s") or MOT certificates with any vehicle except where expressly stated otherwise in writing.
4.4 The Seller may in its sole discretion, notify the Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.
5.1 Silverlake may act as agent for a Seller or may wholly or partly own any Lot as principal and where Silverlake acts as agent for the Seller Silverlake shall not be responsible for any default by the Seller.
5.2 Any Bidder shall be deemed to act as principal unless there is in force a written acknowledgment by Silverlake that the Bidder acts as agent on behalf of a named principal.
5.3 Silverlake or the Seller may in its absolute discretion at any time withdraw any Lot from the auction and refuse or reject any bid without giving any reason and in case of dispute shall have the right to put up for auction again any such Lot. No responsibility is accepted by Silverlake or the Seller for any loss or costs incurred by any Bidder in respect of any action taken by Silverlake or the Seller under this clause.
5.4 Silverlake or a Seller shall be entitled prior to any auction to place a reserve price (an undisclosed minimum selling price) on any Lot. If there is a reserve price on a Lot this will be identified on the auction search page entry in respect of that Lot by signifying whether or not the reserve has been met or exceeded at the time when the Bidder accesses that search page.
5.5 Silverlake or a Seller shall be entitled at any time during any auction to submit a bid in respect of any Lot in respect of which they are the Seller.
5.6 Each bid made by a Bidder shall constitute an offer which is legally binding on the Bidder.
5.7 In bidding for any Lot, the Bidder acknowledges that they have not relied upon any representation made to them by Silverlake, their employees or agents or any Seller unless such representation has been confirmed in writing addressed specifically to the Bidder by a director or other duly authorised person of Silverlake or a Seller (as the case may be) prior to the auction.
5.8 Subject to these Terms and Conditions, the successful Bidder shall be the Bidder whose accepted bid has, where applicable, met or exceeded the reserve price and is the highest bid. Any dispute as to any bid or sale shall be settled by Silverlake at its absolute discretion.
5.9 Subject to these Terms and Conditions if on conclusion of the bidding process the Bidder's bid is successful, such bid shall form a contract for sale between the successful Bidder ("Buyer") and the Seller, which unless otherwise specified in writing by the Seller, shall incorporate these Terms and Conditions (each a "Contract").
5.10 On conclusion of the bidding process Silverlake shall notify the Buyer by email (the "Notification") to confirm:
5.10.1 that their bid has been successful;
5.10.2 the name, address and contact details of the Seller;
5.10.3 the purchase price, the Charges (as set out in more detail in clause 6 below) and any VAT applicable. Where agreed, the Seller shall send an invoice to the Buyer showing the purchase price and any VAT applicable together with any Charges that may be applicable at that time.
5.11 The Buyer shall at its own expense:
5.11.1 pay to the Seller in cleared funds the purchase price together with all Charges and any VAT applicable in accordance with clause 6 below; and
5.11.2 following receipt by the Seller of such payment no later than 4.00 pm on the next working day after the date of the Notification/Seller's invoice, collect the Lot purchased.
5.12 The Buyer shall be responsible for any removal, storage and insurance charges payable on any Lot not collected within 5 working days after the date of the conclusion of the auction.
5.13 The Buyer shall be responsible for complying with all legal requirements as to the construction and use of any vehicle and for obtaining all certificates, permits or other authorisations required in order for that vehicle to be used on any road or elsewhere.
5.14 If the Buyer intends to break up a vehicle for spare parts, the Buyer shall be responsible for complying with all applicable guidelines, regulations and legislation in respect thereof.
5.15 If the Buyer fails to pay for any Lot in full or to collect a Lot in accordance with this clause 5, or if there is any other breach by the Buyer of the terms of any Contract, the Seller shall be entitled in its absolute discretion and without prejudice to any other rights it (or they) may have to exercise one or more of the following rights and remedies:
5.15.1 proceed against the Buyer for damages for breach of contract;
5.15.2 rescind the sale of that or any other Lot sold to the Buyer;
5.15.3 resell the Lot or cause it to be resold by public auction or private sale. The Buyer shall pay to the Seller any resulting deficiency in the purchase price at the second auction after deduction of any part payment and addition of any additional costs of resale. Any surplus shall belong to the Seller;
5.15.4 remove, store (either at the Seller's or Silverlake's premises or elsewhere) and insure the Lot at the Buyer's expense;
5.15.5 charge interest on the purchase price at a rate of 2% per annum above the base rate of Royal Bank of Scotland PLC to the extent that it remains unpaid for more than 5 working days after the day of the auction. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment;
5.16 In addition to any right of the Seller in clause 5.15, if the Buyer fails to pay for any Lot in full or to collect a Lot in accordance with this clause 5, or if there is any other breach by the Buyer of these Terms and Conditions or any Contract, Silverlake may in its discretion:
5.16.1 proceed against the Buyer for damages for breach of contract;
5.16.2 retain that and/or any other Lot sold to the Buyer at the same or any other auction and release it only after payment of the purchase price plus any interest;
5.16.3 suspend or terminate the Buyer's participation in any further auctions on the Website;
5.16.4 cancel the Buyer's registration.
6.1 Where applicable, the Seller shall have the right to add any or all of the following charges ("Charges") to the purchase price of any Lot:
6.1.1 a credit or debit card charge of up to 3% of the purchase price;
6.1.2 a buyer's premium as listed in Appendix A (Fees & Charges)
6.1.3 a loading charge as listed in Appendix A (Fees & Charges)
6.1.4 a late payment charge as listed in Appendix A (Fees & Charges) where payment is not received in full within 5 working days of the date of the Notification referred to in clause 5.10;
6.1.5 a storage charge as listed in Appendix A (Fees & Charges) where payment is not received in full within 5 working days;
6.1.6 a re-listing / backing-out fee as listed in Appendix A (Fees & Charges) if the vehicle is not collected within 14 days of the date of the Notification;
6.1.2 an admin / release fee as listed in Appendix A (Fees & Charges)
6.1.8 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
6.2 The Seller shall have the right to increase any or all of the above charges without notice and the Buyer should seek written confirmation of the charges that may be applied to any individual purchase at the time it places a bid, or becomes aware that it might incur a charge.
6.3 VAT or any other tax on supplies will be added to the purchase price and any Charges at the prevailing rate where applicable.
6.4 All payments must be in cash unless otherwise agreed with the Seller.
7.1 The ownership of the Lot shall not pass to the Buyer until the Seller has received payment in full with cleared funds.
7.2 Risk in the Lot shall pass to the Buyer as soon as the Lot is sold.
7.3 Neither the Seller, Silverlake nor their employees or agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control following the sale.
7.4 Where the Buyer has obtained possession of a Lot before payment in full has been made, the Buyer acknowledges and declares that it holds the Lot on a fiduciary basis as mere bailee for the Seller and shall store the Lot (at no cost to the Seller) clearly marked to identify it as the Seller's property and grants to the Seller the right to enter upon any premises where the Lot is located or believed to be located for the purposes of recovering the Lot.
8.1 The provisions of this clause 8 are subject to the provisions of clause 10.3 which shall apply where the Bidder bids or Buyer buys as a consumer (ie other than in the course of business) ("Consumer") subject to which clause, this clause 8 shall be applied to the fullest extent permissible by law.
8.2 Subject to clause 8.4 and as set out in more detail in clause 3, the Seller and Silverlake as appropriate exclude all warranties and guarantees in relation to all Lots and the auction service.
8.3 Neither the Seller nor Silverlake guarantees that the submission of any bids and or the processing of any sale on-line or otherwise will be conducted in a fault free manner. Silverlake does not guarantee to maintain continuous operability or service of the Website.
8.4 Nothing in these Terms and Conditions shall limit in any way the Seller's or Silverlake's liability for:
8.4.1 death or personal injury caused by its negligence; or
8.4.2 any fraudulent misrepresentations made by it; or
8.4.3 any matter for which it would be unlawful for the Seller or Silverlake (as the case may be) to exclude, or attempt to exclude, its liability.
8.5 To the maximum extent permissible in law, neither the Seller nor Silverlake, or their directors, employees or affiliates shall be liable in contract or tort or otherwise for any indirect, special, incidental, or consequential damages whatsoever, or for loss of profits or any other pecuniary or other loss whatsoever arising from or in connection with the use misuse or inability to use this Website or otherwise under or in connection with any of these Terms and Conditions or any Contract.
8.6 Neither the Seller nor Silverlake will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract incorporating these Terms and Conditions or any Contract that is caused by events outside its reasonable control.
8.7 If, notwithstanding the above, the Seller is found liable to you, a Bidder or the Buyer or to any third party, the Seller's liability shall be limited either to the total amount payable to it by way of purchase price in respect of the Lot which is the subject of the claim giving rise to such liability or £1,000 whichever is the higher figure.
8.8 If, notwithstanding the above, Silverlake is found liable to you, a Bidder or Buyer or to any third party, Silverlake's liability shall be limited either to the total amount payable by way of purchase price in respect of the Lot which is the subject of the claim giving rise to such liability or £1,000 whichever is the higher figure.
The Buyer agrees to indemnify and hold the Seller and Silverlake harmless from and against any third party claims, demands, action or causes of action arising out of or in connection with the Buyer's use, resale or disposal of any vehicle purchased pursuant to a Contract.
10.1 Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969.
10.2 Where any Bidder places a bid as a Consumer, such Bidder should note that the Consumer Protection (Distance Selling) Regulations 2000 shall not apply and the Bidder will have no right to cancel any bid or withdraw from a winning bid.
10.3 Due to the nature of goods offered through this website, the 1979 sales of goods act (as amended) does not apply. All vehicles are sold as seen with no guarantees given or implied. Starts & Drives constitutes the vehicle moves forward and backwards and is no guarantee of mechanical fitness.
10.4 To the extent any Bidder bids or any Buyer buys as a Consumer, nothing in these Terms and Conditions will adversely affect the statutory rights of such Bidder or Buyer.
11.1 The Website is the sole property of Silverlake and all intellectual property rights on the Website belong exclusively to it or its licensors.
11.2 Any trademarks used on the Website but belonging to a third party remain the property of that third party.
12.1 All notices given by you to Silverlake must be sent to the address given in clause 1 above, except where Silverlake has notified you of an alternative address.
12.2 All notices given to a Seller (other than Silverlake) must be given to the address set out on the Notification.
12.3 A Seller or Silverlake (as the case may be) shall give notice to you at either the e-mail or postal address you provided to us on registration as a Bidder.
12.4 Notices will be deemed received and properly served immediately 24 hours after an e-mail is sent, or two business days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If a Seller or Silverlake (as the case may be) fails to insist upon strict performance of any of your obligations under a Contract or these Terms and Conditions, or if the Seller or Silverlake (as the case may be) fails to exercise any of the rights or remedies to which it is entitled under a Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1 These Terms and Conditions, any Contract and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 The Buyer acknowledges that, in entering into any Contract, it has not relied on any representation, undertaking or promise given by the Seller or Silverlake (as the case may be) or be implied from anything said or written in negotiations between it and the Seller or Silverlake (as the case may be) prior to such Contract except as expressly stated in these Terms and Conditions.
15.3 The Buyer shall have no remedy in respect of any untrue statement made by the Seller or Silverlake or any of its Agents, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently).
The Seller or Silverlake (as the case may be) may assign its rights under these Terms and Conditions or any Contract by notice to you without your consent. You may not assign your rights under these Terms and Conditions without Silverlake's consent or any Contract without the Seller's consent which shall not be unreasonably withheld.
Except as expressly provided herein, these Terms and Conditions are not intended for, nor shall they be for the benefit of or enforceable by any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 are specifically excluded. This does not affect any right or remedy of a third party which is available apart from that Act.
18.1 Headings in these Terms and Conditions are for reference only and do not form part of the Terms and Conditions.
18.2 Any reference to any legislation shall include all subordinate legislation and all amendments or re-enactments of any such legislation.
19.1 The Lots are offered for sale within the United Kingdom and every auction shall be deemed to take place in the United Kingdom.
19.2 These Terms and Conditions, all Contracts and all transactions to which these Terms and Conditions apply and all connected matters shall be governed by and construed exclusively in accordance with English law in the English Courts.
19.3 Any dispute arising from, or related to, any contract incorporating these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Last Updated 30th April 2013
1.1 Buyers premium fee
|Hammer / selling price range||Buyers fee|
|£0.00 to £99.99||£20.00|
|£100.00 to £299.99||£45.00|
|£300.00 to £499.99||£48.00|
|£500.00 to £899.99||£60.00|
|£900.00 to £1,099.99||£74.00|
|£1,100.00 to £1,299.99||£84.00|
|£1,300.00 to £1,499.99||£95.00|
|£1,500.00 to £1,699.99||£110.00|
|£1,700.00 to £1,999.99||£125.00|
|£2,000.00 to £2,999.99||£165.00|
|£3,000.00 to £4,999.99||£250.00|
|£5,000.00 to £8,999.99||£325.00|
|£9,000.00 to £9,999.99||£400.00|
|£10,000.00 to £9,999,999.99||5.00%|
1.2 admin / release fee of £15.00 per vehicle sold;
1.3 loading charge of £10.00 per vehicle loaded onto a multi-vehicle transporter;
1.4 a late payment charge of up to £20.00 where payment is not received in full within 7 calendar days of the date of the Notification referred to in clause 5.10;
1.5 a storage charge of up to £10.00 per day if vehicle is not collected within 7 calendar days;
1.6 If a vehicle is not collected / paid for within 14 calendar days, we reserve the right to apply a re-listing / backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non payment will result in permanent suspension of your account.
1.7 where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.
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