Member Terms and Conditions

Copart UK standard terms and conditions of purchase and use

This document governs the auction of all vehicles offered for sale in the United Kingdom.

Click here to go straight to the Copart UK terms and conditions.

Copart Ireland standard terms and conditions of purchase and use

This document governs the auction of all vehicles offered for sale in the Republic of Ireland.

Click here to go straight to the Copart Ireland terms and conditions.

Copart standard terms and conditions of purchase and use for the GCC region

This document governs the auction of all vehicles offered for sale in the United Arab Emirates, Oman and Bahrain.

Click here to go straight to the Copart GCC region terms and conditions.

COPART UK TERMS AND CONDITIONS OF PURCHASE AND USE

Last updated on: 17 May, 2016

1.         INTRODUCTION

You will be deemed to have accepted these Terms and Conditions when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a trade member (“Trade Member”) via the website at www.copart.co.uk (“Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods) collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Member. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) or other goods that we offer for sale at auction.

You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US).

These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasions be us.

These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.

Once you become a registered Trade Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website. The most current form of the Terms and Conditions may be found at http://www.copart.co.uk/Content/UK/EN/Member-Terms-Conditions. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.

In addition, our Terms of Service (“TOS”) - which may be found at http://www.copart.co.uk/Content/UK/EN/Terms-Of-Service - and our privacy policy (“Privacy Policy”) - which may be found at www.copart.co.uk/Content/UK/EN/Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference.

2. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY

2.1       Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.

2.2       As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.

2.3       When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.

2.4       You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.

2.5       You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.

2.6       You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.

2.7       You may authorise one other individual to submit bids on your behalf (an “Authorised Bidder”) as long as you tell us in advance that you wish to do so and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.

2.8       Apart from where we accept an Authorised Bidder, you agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.

2.9       If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.

3. INTELLECTUAL PROPERTY RIGHTS

3.1       You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.

3.2       Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.

3.3       Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.

4. MEMBERSHIP AND REGISTRATION

4.1       Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.

4.2       If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay a one-time, non-refundable administration fee, and (c) supply one form of picture identification (eg passport or photocard driving licence) and two household bills dated within the last three months showing your name and address. Your membership with us must be reviewed and renewed annually by paying our annual membership fee, submitting copies of all current licences, and providing information regarding any changes to your details and licences. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases.

4.3        Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your initial membership will expire on 31st December in the year in which you registered as a member, or if you registered on or after 1st October, your membership will expire on 31st December in the subsequent year.

4.4       If you apply to become a Trade Member you hereby warrant to us that:

i) You are not listed in any governmental or regulatory sanctions list;

ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;

iii) You do not owe us (or any of our subsidiaries) any money;

iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any vehicles bought through our auctions;

v) You do and will comply with all applicable laws, regulations and best practice (both in the United Kingdom and the country to which you export any vehicle bought at our auction).

4.5       Unless prohibited by law, your guests aged 16 years or older are allowed to enter our

premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must display their pass at all times while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.

5. RELEASE OF LIABILITY AND INDEMNITY

5.1       So far as permitted by law you, any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.

5.2       So far as permitted by law you agree to indemnify and keep indemnified, defend andhold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.

5.3       So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.

5.4       To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.

5.5       We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.

5.6       We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the DVLA and VOSA).

5.7       It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.

6.         BIDDING OVERVIEW

6.1       Apart from those Lots offered under clauses 14 (“Buy It Now”) and/or 15 (“Make An Offer”) there are three ways by which you can bid for Lots:

6.1.1     “Kiosk Preliminary Bidding” – this commences two business days prior to a scheduled sale and runs until 11.00am on the day of sale (the “Preliminary Bidding Period”). Trade Members may submit Kiosk Preliminary Bids through the computer terminals located at kiosks installed in the lobbies of our premises. Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. One hour after the close of the Preliminary Bidding Period the Virtual Sale begins. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.

6.1.2     “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically. Internet and Kiosk Preliminary Bids compete as described above. The highest preliminary bid received by us competes against Virtual Bids via BID4U during the Virtual Sale.

6.1.3 “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.

6.2       During the Preliminary Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.

6.3       We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a Preliminary Bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.

6.4       Increment bidding is an option available to you during Preliminary Bidding, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid £1,000. The Virtual Bid is currently at £1,000 (a tie with your bid). Because you selected the increment bid box, your Preliminary Bid is incremented to £1,050. The Lot sells to you at no more that £1,050 or to the Virtual Bidder for £1,100 or more.)

6.5       Once you have submitted a bid, it cannot be retracted, deleted or cancelled.

6.6       Virtual Bids prevail over Preliminary Bids of an equal amount.

6.7       Each instruction, transmission, display and receipt in relation to Kiosk Preliminary Bidding, Internet Preliminary Bidding and/or Virtual Bidding shall be deemed to have been carried out in the United Kingdom.

7.         SALES, POLICIES AND PROCEDURES

7.1       Subject to those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 14 and 15), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).

7.2       Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.

7.3       A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

7.4       We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.

7.5       Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.

7.6       In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.

7.7       You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.

7.8       We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.

7.9       You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.

7.10     You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.

8.         DISCLAIMERS

8.1       ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS

WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.

8.2       YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS    

AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.

8.3       GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE

OFFER FOR SALE, AND THE FACT THAT YOU ARE A TRADE MEMBER, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THIS CLAUSE 8. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.

9.         BREAKER ONLY VEHICLES

UK Category B Buyers

9.1       If you intend to buy Category B vehicles other than for export, you must provide us

with proof at registration (and at any time thereafter on our request) of your up-to-date Waste Management Licence (or Environmental Permit) and your up-to-date registration as an Authorised Treatment Facility (“ATF registration”). If you intend to transport any Category B vehicle away from our premises you must provide an up-to-date Waste Carrier’s Licence and you must ensure (and be able to demonstrate to us on request) that the receiving site holds a valid Waste Management Licence (or Environmental Permit).

9.2       Category B vehicles are sold on the basis that all usable parts will be removed and the remains of the vehicle will be crushed or destroyed. You must provide us on demand with a copy of the Certificate of Destruction or Notification of Destruction (as applicable) in relation to each Category B vehicle you have purchased from us, within 15 days of it leaving our premises. Your account will be suspended if you do not supply such a certificate and an administration fee in the sum of £25 shall be applied to your account in respect of the additional administration involved in dealing with your account.

9.3       If you fail to provide on demand the Certificate of Destruction or Notification of Destruction (as applicable) within 30 days of it leaving our premises then we reserve the right to impose a lifetime ban on you from our Services. We reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.4       Category B vehicles must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought is found to have been returned to the public highway, whether or not you have provided us with a Certificate of Destruction or Notification of Destruction (as applicable). We reserve our right to cancel any Contract of Sale in respect of any such vehicle and repossess the vehicle from you (or those purchasing the vehicle through you) to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.5       You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance with these Terms and Conditions. At the time of such audit you shall provide us with proof on request of your up-to-date Waste Management Licence (or Environmental Permit), up to date ATF registration and all Certificates of Destruction or Notifications of Destruction (as applicable) we request which you have raised in relation to any Category B vehicle you have purchased through us.

9.6        You agree that references in this clause 9 to a Category B vehicle apply equally to a Category B motorcycle. You promise that you will make no attempt to repair a Category B motorcycle (or other Category B vehicle) or sell a Category B motorcycle (or other Category B vehicle) for use on the public highway, a race track or at any off-track event.

Export Category B Buyers

9.7        If you intend to buy Category B vehicles for export only and have not got and do not operate from a UK address, then clauses 9.1- 9.6 above will not apply. Notwithstanding this, Category B vehicles are sold on the basis that all usable parts will be removed and the remains of the vehicle will be crushed or destroyed. Further, it is your sole responsibility to ensure that you are aware of and fully compliant with any aspect of UK End-of-Life Vehicle legislative requirements that may affect your purchase and/or transportation of such vehicles while in the UK including without limitation the Control of Pollution (Amendment) Act 1989, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, and the Transfrontier Shipment of Waste Regulations 1994. It is your sole responsibility to ensure that the receiving country (and any intermediate country through which you transport the vehicle) will allow the entry of non-depolluted Category B vehicles, and that you comply in full with all local laws of the receiving (and each intermediate) country. Category B vehicles that are exported from the UK must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought for export is found to have been returned to the public highway anywhere in the World.

Category B Buyers (UK and Export) General

9.8        You promise that you and any UK agent you appoint or third party you instruct to            collect a            Category B vehicle from our premises on your behalf possesses a   current Waste Carrier’s Licence and will provide us with such licence on our request.

9.9        No refund will be payable to you (or any subsequent purchaser) if you (or they) breach the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) relating to the handling and processing of a Category B vehicle. You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach of this clause 9 and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.

10.        FEES, PAYMENTS AND DELIVERIES

10.1      The buyer’s premium, member, convenience, storage, loading, late payment, relist,

delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.

10.2      Unless expressly stated to the contrary by us in writing, upon the conclusion of a

Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.

10.3      We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker’s draft or exceptionally cash (though the maximum cash sum we will accept on any business   

day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least £5,000 (inclusive of VAT) by the above means since becoming a Trade Member, you may pay by debit or credit card, though such payments are subject to a handling charge of 3% plus VAT.

10.4      Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.

10.5      Such right and title as we or the Seller has to each Lot you purchase will transfer to

you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.

10.6      If you have elected and paid for delivery, we will automatically make arrangements to

deliver each Lot to your nominated address without further request from you. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to you, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. You accept that we will not be liable for any further damage done to Lots you have purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to you and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.

10.7      Alternatively you may elect to collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.

10.8      You agree that if a vehicle you purchase is (a) by reason of its construction, state of

brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.

10.9      Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the

transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. You must register with the DVLA each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.

10.10    Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.

10.11   If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven
calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale, without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.

10.12    If you make payments to Copart UK via bank transfer, those payments must originate from a bank account in the same name as your Copart UK account. If you are entitled to make payments to Copart UK using debit or credit card, any card you use to make a payment to Copart UK must be registered in the same name as your Copart UK account. If payments are found to have been made from a bank account or card in a different name, Copart UK reserves the right to suspend or close your account immediately.

11.        CONTACT WITH PREVIOUS OWNERS

11.1      You agree that you shall not contact the previous owner of a Lot, unless we have given   you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller.

12.        MISCELLANEOUS PROVISIONS

12.1      You agree not to assign, transfer or novate your rights or obligations under these

Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.

12.2      We shall have no liability to you for any delay to performance (and the time for

performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.

12.3      These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.

12.4      The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.

12.5      No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.

12.6      In our discretion we may serve any notice on you by email, fax or First Class post. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by First Class post you will be deemed served two business days after posting.

12.7      No person other than you has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.

12.8      Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in British pounds sterling.

12.9      As part of the registration process you agree to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send you in connection with our Services.

12.10    We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.

12.11    You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.

SALES OF PARTS

13.1      Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions. For the purpose of clause 13, ‘parts’ means one or more individual parts and does not include a Category B vehicle.

13.2      If you ask us to deliver a part you purchase through a Parts Sale for more than £200, we will charge you our standard delivery charge that applies to vehicle deliveries. If you ask us to deliver a part you purchase through a Parts Sale for £200 or less, we will charge you the actual postage/courier fees we incur plus an administration fee of 5%.

13.3      YOU ARE BUYING PARTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO PARTS PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL PARTS SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A PART’S SUITABILITY AND CONDITION BEFORE MAKING AN OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO PARTS PURCHASES.

13.4      Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.

13.5      A bid you place on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

14.        “BUY IT NOW” SALES

14.1      We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

14.2      When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

14.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

14.4      YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO BUY IT NOW PURCHASES.

14.5      Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 10.3.

14.6      We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.

15.          “MAKE AN OFFER” SALES

15.1      We may offer some Lots for purchase outside our usual auction through your use of our “Make An Offer” facility. These Terms and Conditions shall apply (as permitted by law) to all Make An Offer sales, with the provisions of this clause 15 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

15.2      When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

15.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

15.4      YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO MAKE AN OFFER PURCHASES.

15.5      All offers you make using our Make An Offer facility are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 10.3.

15.6      We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.

16.          YARD RULES

16.1      You must not undertake any repairs or alterations to Lots on our premises.

16.2      If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 16.45 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.

16.3      Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.

16.4      Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.

17.        CONTACTS

17.1      We are Copart UK Limited, registered in England and Wales with company registration number 929621. Our registered office is at Acrey Fields, Woburn Road, Wootton, Bedfordshire, MK43 9EJ. Our contact telephone number is 0844 875 8845. Our VAT number is GB 490206463.

COPART IRELAND TERMS AND CONDITIONS OF PURCHASE AND USE

Last Updated: 17 May, 2016

1.             INTRODUCTION

You will be deemed to have accepted these Terms and Conditions when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a trade member (“Trade Member”) via the website at www.copart.ie (“Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods) collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Member. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) or other goods that we offer for sale at auction.

You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US).

These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasions be us.

These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.

Once you become a registered Trade Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website.  The most current form of the Terms and Conditions may be found at http://www.copartireland.ie/Content/UK/EN/Member-Terms-Conditions  Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.

In addition, our Terms of Service (“TOS”) - which may be found at http://www.copart.ie/Content/UK/EN/Terms-Of-Service - and our privacy policy (“Privacy Policy”) - which may be found at http://www.copart.ie/Content/UK/EN/Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference.

2.         OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY

2.1          Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.

2.2          As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.

2.3          When you apply to become a registered Trade Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services.  You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.

2.4          You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.

2.5          You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services. 

2.6          You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.

2.7          You may authorise one other individual to submit bids on your behalf (an “Authorised Bidder”) as long as you tell us in advance that you wish to do so and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.

2.8          Apart from where we accept an Authorised Bidder, you agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.

2.9          If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.

3.         INTELLECTUAL PROPERTY RIGHTS

3.1          You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.

3.2          Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.

3.3          Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.

4.         MEMBERSHIP AND REGISTRATION

4.1          Membership as a registered Trade Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.

4.2          If you wish to become a registered Trade Member you must (a) complete our registration form, (b) pay a one-time, non-refundable administration fee, and (c) supply one form of picture identification (eg passport or photocard driving licence) and two household bills dated within the last three months showing your name and address. Your membership with us must be reviewed and renewed annually by paying our annual membership fee, submitting copies of all current licences, and providing information regarding any changes to your details and licences. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information on our Website and/or at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases.

4.3       Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your initial membership will expire on 31st December in the year in which you registered as a member, or if you registered on or after 1st October, your membership will expire on 31st December in the subsequent year.

4.4       If you apply to become a Trade Member you hereby warrant to us that:

i) You are not listed in any governmental or regulatory sanctions list;

ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;

iii) You do not owe us (or any of our subsidiaries or associated companies) any money;

iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any Vehicles bought through our auctions;

v) You do and will comply with all applicable laws, regulations and best practice (both in the Republic of Ireland and the country to which you export any Vehicle bought at our auction).

4.5        Unless prohibited by law, your guests aged 16 years or older are allowed to enter our premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must display their pass at all times while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.

5.         RELEASE OF LIABILITY AND INDEMNITY

5.1          So far as permitted by law you, any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.

5.2          So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website. 

5.3          So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.

5.4          To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.

5.5          We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.

5.6          We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the National Vehicle and Driver File, the Department of Transport, Tourism and Sport, the Road Safety Authority, the DVLA, VOSA, or the equivalent in any other jurisdiction).

5.7          It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.

6.         BIDDING OVERVIEW

6.1          Apart from those Lots offered under clauses 14 (“Buy It Now”) and/or 15 (“Make An Offer”) there are three ways by which you can bid for Lots:

6.1.1       “Kiosk Preliminary Bidding” – this commences two business days prior to a scheduled sale and runs until 11.00am on the day of sale (the “Preliminary Bidding Period”). Trade Members may submit Kiosk Preliminary Bids through the computer terminals located at kiosks installed in the lobbies of our premises. Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. One hour after the close of the Preliminary Bidding Period the Virtual Sale begins. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.

6.1.2       “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically. Internet and Kiosk Preliminary Bids compete as described above. The highest preliminary bid received by us competes against Virtual Bids via BID4U during the Virtual Sale.

6.1.3       “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.

6.2          During the Preliminary Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.

6.3          We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a Preliminary Bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you by email.

6.4          Increment bidding is an option available to you during Preliminary Bidding, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid €1,000. The Virtual Bid is currently at €1,000 (a tie with your bid). Because you selected the increment bid box, your Preliminary Bid is incremented to €1,050. The Lot sells to you at no more that €1,050 or to the Virtual Bidder for €1,100 or more.)

6.5          Once you have submitted a bid, it cannot be retracted, deleted or cancelled.

6.6          Virtual Bids prevail over Preliminary Bids of an equal amount.

6.7          Each instruction, transmission, display and receipt in relation to Kiosk Preliminary Bidding, Internet Preliminary Bidding and/or Virtual Bidding shall be deemed to have been carried out in the Republic of Ireland.

7.         SALES, POLICIES AND PROCEDURES

7.1          Subject to those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 14 and 15), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).

7.2          Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.

7.3          A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

7.4          We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you or your Authorised Bidder, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.

7.5          Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.

7.6          In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.

7.7          You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.

7.8          We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.

7.9          You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.

7.10        You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.

8.         DISCLAIMERS

8.1          ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.

8.2          YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods and Supply of Services Act 1980 (as amended) and the Sale of Goods Act 1979 (as amended and/or superseded) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.

8.3          GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, AND THE FACT THAT YOU ARE A TRADE MEMBER, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THIS CLAUSE 8. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.

9.         BREAKER ONLY - END OF LIFE VEHICLES

If you are registered as a member in Ireland and purchase Category B vehicles at auctions held by Copart Ireland

9.1          If you intend to buy a Category B vehicle as defined under the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) other than for export from the Republic of Ireland, you must provide us with proof at registration (and at any time thereafter on our request) of your up-to-date Waste Facility Permit and up-to-date registration as an Authorised Treatment Facility (‘ATF registration’) together with your Certificate of Registration duly issued by your local authority.  If you intend to transport  any Category B vehicle away from our premises and/or from the premises of third parties which store vehicles on our behalf, you must provide  an up-to-date Waste Collection Permit which is valid in the area from which you collect such vehicle (as well as any other areas required by law) and you must ensure (and be able to demonstrate to us on request) that the receiving site holds a valid Waste Facility Permit and ATF registration, together with a Certificate of Registration duly issued by the relevant local authority.

9.2          Category B vehicles are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed.  You must issue an electronic certificate of destruction in respect of each Category B vehicle you have purchased from our auction, within 30 days of it leaving our premises (or the premises of any third party which has stored the vehicle on our behalf, as applicable) and you will provide us with a copy upon demand. 

9.3          If you fail to provide the certificate of destruction within 30 days of our demand then we reserve the right to impose a lifetime ban on you from our Services. We reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.4          Category B vehicles must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought is found to have been returned to the public highway, whether or not you have provided us with a certificate of destruction. We reserve our right to cancel any Contract of Sale in respect of any such vehicle and repossess the vehicle from you (or those purchasing the vehicle through you) to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.5          You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance with these Terms and Conditions.  At the time of such audit you shall provide us with proof on request of your up-to-date Waste Facility Permit and ATF registration together with your Certificate of Registration duly issued by your local authority and all certificates of destruction we request which you have raised in relation to any Category B vehicle you have purchased through us.

9.6          You agree that references in this clause 9 to a Category B vehicle apply equally to a Category B motorcycle. You hereby agree that you will make no attempt to repair a Category B motorcycle (or other Category B vehicle) or sell a Category B motorcycle (or other Category B vehicle) for use on the public highway, a race track or at any off-track event.

If you are registered as a member in the UK and purchase Category B vehicles at auctions held by Copart Ireland

9.7          If you intend to buy a Category B vehicle as defined under the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) for export to the UK, you must provide us with proof at registration (and at any time thereafter on our request) of your up-to-date Waste Management Licence (or Environmental Permit) together with your up-to-date registration as an Authorised Treatment Facility (‘ATF registration’).  If you intend to transport any Category B vehicle away from Copart Ireland’s premises and/or from the premises of third parties which store vehicles on our behalf, you must provide an up-to-date Waste Collection Permit valid in the Republic of Ireland and in particular, in the area from which you collect such vehicle (as well as any other areas required by law), as well as a Waste Carrier’s Licence valid in the UK, and you must ensure (and be able to demonstrate to us on request) that all receiving sites in the Republic of Ireland hold a valid Waste Facility Permit together with a Certificate of Registration duly issued by the relevant local authority, and that all receiving sites in the UK hold a Waste Management Licence (or Environmental Permit) and ATF registration.

9.8         Category B vehicles that are exported from the Republic of Ireland into the UK (or to any other country) are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis of the vehicle will be crushed or destroyed.  You must issue an electronic certificate of destruction in respect of each Category B vehicle you have purchased from our auction, within 30 days of it leaving our premises (or the premises of any third party which has stored the vehicle on our behalf, as applicable) and you will provide us with a copy upon demand.    

9.9         If you fail to provide on demand the certificate of destruction, which has been issued within 30 days of the Category B vehicle leaving our premises (or the premises of any third party, which has stored the vehicle on our behalf, as applicable) then we reserve the right to suspend your account and/or impose a lifetime ban on you from our Services. We also reserve the right to apply an administration fee of €35 to your account in respect of the additional administration involved in dealing you’re your account. Further, we reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.10        Category B vehicles must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought is found to have been returned to the public highway, whether or not you have provided us with a certificate of destruction. We reserve our right to cancel any Contract of Sale in respect of any such vehicle and repossess the vehicle from you (or those purchasing the vehicle through you) to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.11        You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance with these Terms and Conditions.  At the time of such audit you shall provide us with proof on request of your up-to-date Waste Facility Permit and ATF registration together with your Certificate of Registration duly issued by the relevant local authority and all certificates of destruction we request which you have raised in relation to any Category B vehicle you have purchased through us.

9.12        You agree that references in this clause 9 to a Category B vehicle apply equally to a Category B motorcycle. You hereby agree that you will make no attempt to repair a Category B motorcycle (or other Category B vehicle) or sell a Category B motorcycle (or other Category B vehicle) for use on the public highway, a race track or at any off-track event.

Export of Category B vehicles to anywhere in the World

9.13        If you intend to buy Category B vehicles at auctions held by Copart Ireland, for export only, to a country other than the UK and have not got and do not operate from a Republic of Ireland or a UK address, then clauses 9.1 to 9.12 above will not apply to you.

9.14        If you intend to buy Category B vehicles at auctions held by Copart Ireland, for export to the UK, then clauses 9.7 to 9.12 above will also apply to you, as well as the remaining provisions of clause 9.

9.15        Category B vehicles are sold on the basis that all usable parts will be removed and the remains of the vehicle will be crushed or destroyed.

9.16      It is your sole responsibility to ensure that you are aware of and fully compliant with any aspect of Irish End-of-Life Vehicle legislative requirements that may affect your purchase and/or transportation of such vehicles while in the Republic of Ireland including without limitation the Waste Management (Facility Permit and Registration) Regulations, S.I. No. 821 of 2007 (as amended), Waste Management (Collection Permit) Regulations, S.I. No. 820 of 2007 (as amended) and the Waste Management (Shipments of Waste) Regulations, S.I. 419 of 2007 (as amended). It is your sole responsibility to ensure that the receiving country (and any intermediate country through which you transport the vehicle) will allow the entry of non-depolluted Category B vehicles, and that you comply in full with all local laws of the receiving (and each intermediate) country. Category B vehicles (including motorcycles) that are exported from the Republic of Ireland must never be returned to the public highway anywhere in the World. Further, Category B vehicles must not be used on a race track or at any off-track event anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought for export is found to have been returned to the public highway anywhere in the World, or if a Category B vehicle has been used on a race track or an off-track event anywhere in the World.

Category B Buyers (Republic of Ireland and Export) – General

9.17      You promise hereby that any Republic of Ireland agent you appoint or third party you instruct to collect a Category B vehicle from our premises on your behalf and/or from the premises of third parties which store vehicles on our behalf, possesses a current Waste Collection Permit which is valid in the area from which you collect such vehicle (as well as any other areas required by law) and will provide us with such permit on our request.

9.18      No refund will be payable to you (or any subsequent purchaser) if you (or they) breach the ABI Code relating to the handling and processing of a Category B vehicle thereunder or breach any provision of this clause 9. You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach of this clause 9 and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.

10.        FEES, PAYMENTS AND DELIVERIES

10.1        The buyer’s premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.

10.2        Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.

10.3        We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, or exceptionally cash (though the maximum cash sum we will accept on any business day is €12,500, which applies to any single payment or series of payments relating to one or more purchases). Additionally, as long as you have already paid us at least €5,000 (inclusive of VAT) by the above means since becoming a Trade Member, you may pay by debit or credit card, though such payments are subject to a handling charge of 3% plus VAT.

10.4        Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you.  In such case, you agree to pay the relevant relist fee in force at the time.  If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.

10.5        Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.

10.6        If you have elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from you. Our delivery obligation extends only to addresses in the Republic of Ireland and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to you, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. You accept that we will not be liable for any further damage done to Lots you have purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to you and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.

10.7        Alternatively you may elect to collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.

10.8        You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid  National Car Test Certificate, up to date motor tax disc, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.

10.9        Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot.  You must register with the National Vehicle and Driver File each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code regarding the treatment of Category B vehicles. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.

10.10      Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.

10.11      If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises (or on the premises of third parties which store vehicles on our behalf) seven calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any other liability to us  (irrespective of how long the Lot has been stored), that Lot will not be released until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot (either directly or through a third party if such party has been storing the Lot on our behalf) pending payment and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale, without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retains from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.

10.12    If you make payments to Copart Ireland via bank transfer, those payments must originate from a bank account in the same name as your Copart Ireland account. If you are entitled to make payments to Copart Ireland using debit or credit card, any card you use to make a payment to Copart Ireland must be registered in the same name as your Copart Ireland account. In addition, we reserve the right to request photographic identification when you attend our premises to make a payment. If payments are found to have been made from a bank account or card in a different name, Copart Ireland reserves the right to suspend or close your account immediately.

11.        CONTACT WITH PREVIOUS OWNERS

11.1      You agree that you shall not contact the previous owner of a Lot, unless we have given   you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller.

12.        MISCELLANEOUS PROVISIONS

12.1      You agree not to assign, transfer or novate your rights or obligations under these  Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.

12.2      We shall have no liability to you for any delay to performance (and the time for   performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on  the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.

12.3      These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.

12.4      The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.

12.5      No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.

12.6      In our discretion we may serve any notice on you by email, fax or Express Post. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by Express Post you will be deemed served two business days after posting.

12.7      No person other than you has any rights to rely upon or enforce any terms of these Terms and Conditions, whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.

12.8        Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in Euro.

12.9      As part of the registration process you agree to receive such marketing and promotional materials via post, email and/or fax as we may deem appropriate to send you in connection with our Services.

12.10    We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.

12.11    You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.

13.        SALES OF PARTS

13.1      Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions. For the purpose of clause 13, ‘parts’ means one or more individual parts and does not include a Category B vehicle.

13.2      If you ask us to deliver a part you purchase through a Parts Sale for more than €200, we will charge you our standard delivery charge that applies to vehicle deliveries. If you ask us to deliver a part you purchase through a Parts Sale for €200 or less, we will charge you the actual postage/courier fees we incur plus an administration fee of 5%.

13.3      YOU ARE BUYING PARTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO PARTS PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL PARTS SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A PART’S SUITABILITY AND CONDITION BEFORE MAKING AN OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO PARTS PURCHASES.

13.4      Unless we are the owner of the part(s) in question, our status and role is that of agent for the Seller of the relevant part(s). In such circumstances we provide you with the opportunity and a venue to participate in a Virtual Sale conducted under these Terms and Conditions. We hereby limit our liability to you as described in these Terms and Conditions.

13.5      A bid you place on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) that was/were the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

14.        “BUY IT NOW” SALES

14.1      We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

14.2      When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

14.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

14.4      YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO BUY IT NOW PURCHASES.

14.5      Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 10.3.

14.6      We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.

15.        “MAKE AN OFFER” SALES

15.1      We may offer some Lots for purchase outside our usual auction through your use of our “Make An Offer” facility. These Terms and Conditions shall apply (as permitted by law) to all Make An Offer sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

15.2      When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

15.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

15.4      YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO MAKE AN OFFER PURCHASES.

15.5      All offers you make using our Make An Offer facility are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 10.3.

15.6      We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.

16.        YARD RULES

16.1      You must not undertake any repairs or alterations to Lots on our premises.

16.2      If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 16.45 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.

16.3      Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.

16.4      Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.

17.        CONTACTS

17.1      We are Copart Vehicle Auctions Ireland Limited, registered in the Republic of Ireland with company registration number 529121. Our registered office is at Big Bog, Castledermot, Co. Kildare, Ireland. Our contact telephone number is +353 (059) 9144889. Our VAT number is IE3189654.

Standard terms and conditions of purchase and use GCC Region

Last updated on: 17 May 2016

1.         INTRODUCTION

1.1       You will be deemed to have accepted these Terms and Conditions EITHER (a) when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a member (a “Member”) via the website at www.copartmea.com and/or any other electronic medium that we may provide from the to time (the “Website”), OR (b) when you sign a hard copy of these Terms and Conditions when you register to become a Member in person at any of our facilities in Bahrain, Oman and the United Arab Emirates (“UAE”).

1.2       The Website permitting you to bid on Lots and/or the physical services we provide to facilitate your bidding on Lots collectively provide the services (the “Services”) which we offer to both our sellers who own the vehicles we sell (the “Seller”) and our registered Members who buy the vehicles we sell. Some of the Services are provided by Copart UK Limited (an English company) and/or Copart, Inc. (an American corporation) on our behalf but your contract is with Copart Bahrain Auctions W.L.L., if you reside in Bahrain, Copart Muscat Auctions L.L.C., if you reside in Oman or Copart UAE Auctions L.L.C if you reside in the UAE.

1.3       Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or Services.

1.4       A “Lot” is a motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery) that is stored within any of the facilities that Copart uses to offer vehicles for sale at auction.

1.5       You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles. YOU EXPRESSLY ACKNOWLEDGE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS.

1.6       These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot (who may on occasions be us).

1.7       These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.

1.8       Once you become a registered Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website and at our facilities in Bahrain, Oman and the UAE. A copy of these Terms and Conditions in Arabic is also available on the www.copartmea.com  website. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be your express acceptance or acceptance by conduct, of any such amendment.

1.9       In addition, our Terms of Service (“TOS”) - which may be found at www.copartmea.com/Content/UK/EN/Terms-Of-Service and our privacy policy (“Privacy Policy”) – which may be found at www.copartmea.com/Content/UK/EN/Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference.

1.10     These Terms and Conditions do not apply in respect of vehicles offered for sale in the UK by Copart UK Limited, nor in the US by Copart Inc. To bid on and buy vehicles from Copart UK or Copart Inc you will have to register directly with Copart UK or Copart Inc. and agree to their own terms and conditions, the current version of which can always be found on Copart’s local websites.

2.         OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY

2.1       Our Website provides the functionality and one of the methods through which you place bids on Lots. We will provide you with reasonable help you may reasonably require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.

2.2       As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.

2.3       When you apply to become a registered Member and during your use of the Website and/or Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions, and/or with your prior consent.

2.4       You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.

2.5       You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.

2.6       You promise to keep your username and password secret. You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.

2.7       If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.

3.             INTELLECTUAL PROPERTY RIGHTS

3.1       You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.

3.2       Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.

3.3       Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.

4.             MEMBERSHIP AND REGISTRATION

4.1       Membership as a registered Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts who act in the capacity of a trader and not as a consumer. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.

4.2       If you wish to become a registered Member you must (a) complete our registration form, (b) pay a non-refundable membership fee and (c) lodge with us a security deposit. Your membership with us must be reviewed and renewed annually by paying our annual membership fee and providing information regarding any changes to your details. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases. We also reserve the right to waive these fees at any time as a standard offering or special promotion.

4.3        Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your initial membership will expire on 31st December in the year in which you registered as a member, or if you registered on or after 1st October, your membership will expire on 31st December in the subsequent year.

 

4.4       If you apply to become a Trade Member you hereby warrant to us that:

i) You are not listed in any governmental or regulatory sanctions list;

ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;

iii) You do not owe us (or any of our subsidiaries) any money;

iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any vehicles bought through our auctions;

v) You do and will comply with all applicable laws, regulations and best practice (both in the United Kingdom and the country to which you export any vehicle bought at our auction).

4.5       Unless prohibited by law, your guests aged 16 years or older are allowed to enter our premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must display their pass at all times while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.

5.             RELEASE OF LIABILITY AND INDEMNITY

5.1       So far as permitted by law you and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.

5.2       So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements, and any applicable taxes) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.

5.3       So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.

5.4       To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.

5.5       We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.

5.6       We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction.

5.7       It is your sole responsibility to comply with all import and/or export procedures,inspections, fees, proof of emissions or any other requirements that may apply to your purchase.

6.         BIDDING OVERVIEW

6.1       Apart from those Lots offered under clauses 13 (“Buy It Now”) and/or 14 (“Make An Offer”) there are two ways by which you can bid for Lots:

6.1.1     “Preliminary Bidding” – this commences prior to a scheduled sale and runs until one hour before the scheduled start of that sale (the “Preliminary Bidding Period”). Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. One hour after the close of the Preliminary Bidding Period the Virtual Sale begins. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.

6.1.2     “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.

6.2       During the Preliminary Bidding Period you may preview the Lots we are offering for sale at the premises at which they are stored.

6.3       We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a Preliminary Bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said you are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you.

6.4        Increment bidding is an option available to you during Preliminary Bidding that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid AED10,000. The Virtual Bid is currently at AED10,000 (a tie with your bid). Because you selected the increment bid box, your Preliminary Bid is incremented to AED10,100. The Lot sells to you at no more than AED10,100 or to the Virtual Bidder for AED10,200 or more.)

6.5        Once you have submitted a bid, it cannot be retracted, deleted or cancelled under any circumstances.

6.6        Virtual Bids prevail over Preliminary Bids of an equal amount.

6.7        Each instruction, transmission, display and receipt in relation to Preliminary Bidding

and Virtual Bidding shall be deemed to have been carried out in the country where the vehicle is located.

8          SALES, POLICIES AND PROCEDURES

8.1        Except for those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 13 and 14), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).

8.2        Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a sale conducted under these Terms and Conditions.

8.3        A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

8.4        We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.

8.5        Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.

8.6        In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.

8.7        You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.

8.8       We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.

8.9       You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.

8.10     You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.

9.         DISCLAIMERS

9.1       ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.

9.2       YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale to the fullest extent permitted by law, including without limitation any terms relating to Lots complying with their description and/or being fit for a particular purpose.

9.3        GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN CLAUSES 8 and 9. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.

10.          HAZARDOUS WASTE

10.1      If you purchase Lots that may be considered “hazardous waste” it is your sole responsibility to ensure that you are aware of and fully compliant with any legislative requirements that may affect your purchase and/or transportation of such vehicles, whether within the country where the vehicle is located or abroad (if you intend to export such Lots). It is your sole responsibility to ensure that the receiving country (and any intermediate country through which you transport such a Lot) will allow the entry of hazardous waste, and that you comply in full with all local laws of the receiving (and each intermediate) country.

10.2      You promise that you (or any agent you appoint or third party you instruct to collect hazardous waste from our premises on your behalf) possess any necessary licences to carry out such activities.

11.          FEES, PAYMENTS AND DELIVERIES

11.1      The buyer’s premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.

11.2      Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid (the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.

11.3      We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by electronic bank transfer, cheque or cash (though we may apply limits from time to time on the maximum cash sum we will accept from you on any business day).

11.4      Where you have not made payment in accordance with clause 11.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.

11.5      Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.

11.6      You may collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time  to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.

11.7      You agree that if a vehicle you purchase is (a) in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.

11.8      Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. If so required by law you must register yourself as the owner/keeper of each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.

11.9      Any Lot remaining uncollected on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.

11.10    If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any other liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale, without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.

12.        MISCELLANEOUS PROVISIONS

12.1      You agree that you shall not contact the previous owner of a Lot, unless we have given you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller.

12.2      You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.

12.3      We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.

12.4      These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by one of our directors.

12.5      The laws of Bahrain (if you are contracting with Copart Bahrain Auction W.L.L.), or Oman (if you are contracting with Copart Muscat Auctions L.L.C. or the UAE (as they may be interpreted in the Emirate of Dubai) (if you are contracting with Copart UAE Auctions L.L.C. Will govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the courts of Bahrain, Oman or the Emirate of Dubai, UAE (as determined by which Copart entity with which you have contracted and following the convention set out above for the governing law) in respect of any disputes arising from the same.

12.6      No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.

12.7      In our discretion we may serve any notice on you by email, fax or mail. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by mail you will be deemed served five business days after posting.

12.8      No person other than you has any rights under these Terms and Conditions or may enforce any terms of these Terms and Conditions.

12.9      Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in the local currency of the Copart entity from which you have purchased the Lot.

12.10      As part of the registration process you agree to receive such marketing and promotional materials via mail, sms, email and/or fax as we may deem appropriate to send you in connection with our Services.

12.11    We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.11 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.

12.12    You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.

12.13    Although we may provide a translated copy of these Terms and Conditions in Arabic, this is for your convenience and information only. In the case of conflict between the English and Arabic versions of these Terms and Conditions, the prevailing version of these Terms and Conditions will be the English version. All of our Internet auctions are conducted in English.

13.        “BUY IT NOW” SALES

13.1      We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply to all Buy It Now sales, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

13.2      When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

13.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

13.4      CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 9 APPLY IN FULL TO BUY IT NOW PURCHASES.

13.5      Unless stated otherwise, all Buy It Now prices are exclusive of our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 11.

13.6      We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.

14.          “MAKE AN OFFER” SALES

14.1      We may offer some Lots for purchase outside our usual auction through the use of our “Make An Offer” facility. These Terms and Conditions shall apply to all Make An Offer sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.

14.2      When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.

14.3      We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.

14.4      YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 9 APPLY IN FULL TO MAKE AN OFFER PURCHASES.

14.5      All offers you make using our Make An Offer facility are exclusive of our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 11.

14.6      We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.

15.          YARD RULES

15.1      You must not undertake any repairs or alterations to Lots on our premises.

15.2      If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 17.00 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.

15.3      Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.

15.4      Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.

16.        CONTACTS

16.1      Copart UAE Auctions L.L.C., registered under the laws of the United Arab Emirates with commercial registration number 565728. Our office is at Plot No. 500-663, Dubai Industrial City, Seih Shuaib 3, PO Box 334292, Dubai, United Arab Emirates.

16.2      Copart Bahrain WLL, registered under the laws of the Kingdom of Bahrain with commercial registration number 88751-1. Our office is at Building 1654, Road 2725, Block 527, PO Box 30173, Sar, Kingdom of Bahrain.

16.3      Copart Muscat Auctions LLC, registered under the laws of Sultanate of Oman with commercial registration number 1183721. Our office is at Plot no. 7, Block Al Felaij, Halban in Barka, PO Box 1158, PC 320, Sultanate of Oman.