Terms and Conditions
Bluecycle Plant is a trading name of Bluecycle.com Ltd.
The following is a legally binding contract between you and Bluecycle.com Limited ("Bluecycle"), which determines your contractual relationship with Bluecycle and your behaviour on the Bluecycle Plant website (“Bluecycle Plant”). These terms and conditions shall be referred to as "the Agreement". Please note that by pressing "accept" at the end of this Agreement you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit or to any item that you upload for Auction.
Scope of Agreement
1.1 This Agreement sets out the rights and obligations of Bluecycle and all users of Bluecycle Plant ("the Site") including those who place items for Auction on the Site ("Vendors") and those who bid for items placed for Auction on the Site ("Dealers") in relation to all online Auction services offered by Bluecycle through the Site ("the Services").
Operation of Auction Services
2.1 An "Auction" is an online Auction where Bluecycle provides an online venue to allow Vendors to offer for sale plant and machinery including motor vehicles (“Commercial Assets”) to Dealers in accordance with this Agreement.
2.2 The Commercial Assets made available through Auctions are offered for Auction by the Vendor or by the Vendor as agent of a third party. Bluecycle is not a party to any Auction and acts only to provide the means for these Auctions to be conducted unless otherwise expressly stated.
2.3 The contractual terms and conditions which will apply between a Dealer and the Vendor in relation to the Commercial Assets, which are the subject of any Auction shall be those specified by the Vendor, whether in writing or otherwise It is the Vendor's obligation to notify Dealers of those terms and conditions.
2.4 Bluecycle reserves the unilateral right to foreclose or extend Auctions or to cancel or withdraw listings or to terminate entire Services, where Bluecycle at its sole discretion believes it has good legal or technical reasons to do so (including, without limitation, technical difficulties experienced by Bluecycle, a Vendor or technical difficulties on the Internet).
2.5 Bluecycle may in its absolute discretion refuse or remove bids or remove from sale or re-offer for sale Commercial Assets in respect of which there is a dispute, which are withdrawn by the Vendor, or which fail to draw bids above the Reserve (see section 3.1 below). Bluecycle may in its absolute discretion change the timing of Auctions. Where practical, Bluecycle shall provide reasonable advance notice to the Vendors and Dealers of any actions it may take in accordance with this condition.
2.6 Bluecycle agrees to use its reasonable endeavours to process bids which are placed in respect of Commercial Assets offered by a Vendor, but does not guarantee that any individual bid will be submitted.
2.7 Bluecycle is in no respects bound or required to offer any of the Services to all or any of the Vendors or Dealers.
2.8 It is a requirement that in order to be entitled to use the Services, a Vendor must register with Bluecycle and must have agreed to Bluecycle's Vendor terms. Bluecycle reserves the right to suspend or terminate this Agreement and/or suspend or terminate the Vendor's ability to offer Commercial Assets for sale in any Auction, or ability otherwise to participate in any Auction if it appears to Bluecycle that the Vendor is or appears to be in breach of any of the provisions of this Agreement, including, without limitation, any misuse of the Services.
Reserve Prices and Bids
3.1 Commercial Assets may be offered by the Vendor subject to a reserve price (the "Reserve") ,which may be higher than the starting bid. The Vendor agrees that the winning bid in any Auction will be the highest bid which exceeds any Reserve and meets any other express conditions of the relevant Auction.
3.2 By listing Commericial Assets on the Site, the Vendor agrees to be bound by the highest successful winning bid that matches or exceeds the Reserve (if any) made by any Dealer in respect of the Commercial Asset, subject in all circumstances to the right of Bluecycle to intervene in any Auction under section 2 of this Agreement.
3.3 The Vendor acknowledges that Bluecycle does not guarantee or undertake any liability for or responsibility for the ability of any Dealer to pay the price under any Auction.
3.4 Proxy Bidding.
A Dealer may use proxy bidding to bid in an Auction. To set a proxy bid, a Dealer must enter a Proxy Bid Limit by inserting an amount (figure) in the "proxy bid" box.
The system will then automatically raise the Dealer's bid by a bid increment (set out in the web page that relates to a particular Auction) each time it is superseded until either the Dealer wins or the winning bid is raised to match or exceed the Proxy Bid Limit. The system acts like another bidder, as determined by the proxy bidding logic.
3.4.1 Proxy Bidding Logic.
When a new higher bid is entered, the system will automatically:
i. send an email to the proxy bidder notifying the proxy bidder that he has been outbid (unless two proxy bids are competing in which case notification occurs at the end of this process), and
ii. if, and only if, the new higher bid is less than the proxy bidder'sProxy Bid Limit , raise the proxy bidder's bid above the new higher bid, and notify the proxy bidder by email that a new proxy bid has been entered on his behalf.
This process will continue each time a new higher bid is entered until either
a. the proxy bidder wins the Auction because no new higher bid is entered, or
b. the Auction closes, at which time the system will be closed to new bids, although any competing proxy bids will be placed incrementally by the system until a winning bid is reached, or
c. the proxy bidder's Proxy Bid Limit is exceeded by a new higher bid.
3.4.2 For the avoidance of doubt, by setting a Proxy Bid Limit it is agreed between the Dealer and Bluecycle that Bluecycle may bid incrementally by the stated bid increment up to that limit on the Dealer’s behalf. The proxy bidding process is no different from all other bidding on the Site, however when an Auction reaches its specified closing time and no further bids can be placed, time will be allowed for competing proxy bids to be incrementally placed by the system on behalf of the relevant Dealers until a winning bid is reached. Once a Dealer has set a Proxy Bid Limit and entered a bid it cannot be changed. If a Dealer submits another Proxy Bid Limit the highest Proxy Bid Limit will be accepted.3.4.3 For the avoidance of doubt, it is possible for the proxy bidder to lose when the winning bid stands at the proxy bidder's Proxy Bid Limit, i.e. if another bidder reaches the proxy bidder's Proxy Bid Limit first then the proxy bidder can only match that bid and will therefore lose.
3.4.4 Also if there are two proxy bids placed with identical [] Proxy Bid Limits , the bidder who placed their proxy bid first will be the winner, therefore one of the bids will lose even though the winning bid stands at both of the Proxy Bid Limits.
3.4.5 Bids placed with a Proxy Bid Limit that matches or exceeds the Reserve will automatically register as a bid to match the Reserve regardless of whether there are any competing bids. (This only applies to proxy bids).
Undertakings of the Vendor
4.1 The Vendor agrees with Bluecycle that:
i. It will not bid in any of its own Auctions (whether directly or indirectly) or do anything or take any course of action which could affect the price of any Commercial Assets offered by the Vendor in any Auction;
ii. In listing Commercial Assets on the Site, it will not:
a. establish a link to any website or other area;
b. include any publicity, advertisement or other statement relating to any goods or services or Commercial Assets except where such link, publicity, advertisement or other statement relates directly to Commercial Assets, which are the subject matter of such listing;
iii. It will do nothing which would damage or otherwise affect the operation of the Site;
iv. It will place a listing of any Commercial Assets in respect of any Auction only in a category suitable to the subject matter of such Auction; and
v. A Commercial Asset offered by the Vendor for Auction on the Site will not be made available by the Vendor for Auction or sale by any other means until such time as Bluecycle and the Vendor agree that the Commercial Asset has failed to sell through the Site or is unclaimed after sale.
4.2 The Vendor agrees that all copyright, trademarks and other intellectual property rights in and relating to the provision of the Services are owned by Bluecycle (or its affiliates). The Vendor agrees not to use any of those intellectual property rights, or the Services, except to the extent necessary to conduct Auctions in the manner anticipated in this Agreement, without the prior written consent of Bluecycle.
4.3 Vendor Information.
The Vendor hereby grants to Bluecycle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) in all information placed on the Site by or on behalf of
the Vendor in any media now known or not currently known, for the limited purposes of implementing and operating the Site.
4.4 Passwords.
The password used by the Vendor to access the Site must not be passed or revealed to anyone else. The Vendor accepts full responsibility for any damage caused to Bluecycle and any other Vendor, Dealer or third party as a result of such disclosure.
Liability
5.1 This Agreement and the privacy policy, and the Vendor Agreement, together constitute the entire agreement and understanding of the parties relating to the subject matter of this Agreement, and (in relation to that subject matter) supersede any and all previous agreements, arrangements, statements and understandings, although nothing in this Section shall operate to limit or exclude liability for any fraud or fraudulent representation by either party. Each of the parties acknowledges and agrees that, in entering into this Agreement and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not).
5.2 BLUECYCLE WILL NOT BE LIABLE TO THE VENDOR OR ANY THIRD PARTY FOR THE MONETARY AND/OR ECONOMIC LOSSES AND/OR PROPERTY DAMAGE OF ANY TYPE AND WITHOUT PREJUDICE TO THE GENERALITY OF THIS EXCLUSION WILL NOT BE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, INCOME OR BUSINESS HOWSOVER CAUSED OR ARISING (WHETHER ARISING OUT OF ANY NEGLIGENCE BY BLUECYCLE, THEIR EMPLOYEES OR THEIR AGENTS OR BREACH OF THIS AGREEMENT OR OTHERWISE), EVEN IF THAT LOSS OR DAMAGE WAS FORESEEABLE BY,OR POSSIBILITY OF IT WAS BROUGHT TO ATTENTION OF, BLUECYCLE.
5.3 Without limiting the preceding Section, the entire liability of Bluecycle under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of:
i. £500, or
ii. an amount equal to the sums paid or payable by the Vendor to Bluecycle as commission arising from the Auction(s) to which such liability relates, regardless of the cause or form of action.
5.4 Nothing in this Agreement limits Bluecycle's liability for death or personal injury resulting from Bluecycle's negligence.
5.5 Bluecycle accepts no control over or responsibility or liability for the quality, safety, or legality of Commercial Assets, which are the subject of Auctions, the truth or accuracy of their listings, the ability or title of Vendors to sell Commercial Assets, or Dealers' inability or refusal to pay for them. The Vendor and Dealer each separately hereby release Bluecycle, its agents and employees from all liability arising out of or in connection with any Auction, including (without limitation) all claims and demands relating to listings, descriptions, bids, uncompleted or completed transactions, or Commercial Assets offered or actually sold through or in connection with any Auction.
5.6 Section 5.5 shall not apply in instances where it is expressly stated that Bluecycle is the Vendor of the Commercial Asset.
5.7 Bluecycle shall not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
Representations and Warranties of the Vendor.
6.1 The Vendor represents and warrants to Bluecycle that:
i. If it is a company, it is a company duly incorporated in England and Wales (or such other territory as agreed with Bluecycle) with full power and authority to enter into and perform its obligation under this Agreement and, if he/she is an individual, he/she is at least 18 years old and has the legal capacity to enter into this Agreement;
ii. The execution and performance of this Agreement by the Vendor (including, without limitation, the offer for sale by the Vendor of Commercial Assets in one or more Auctions) has been duly authorised and is in accordance with all applicable laws and regulations;
iii. Any statements and information in respect of Commercial Assets, which are listed by the Vendor on the Site will relate only to the subject matter of the Auction, and not to any other matter;
iv. Neither the sale of the Commercial Assets, the listing of the Commercial Assets on the Site nor any activity undertaken or communication made by the Vendor in connection with any Auction will
a. infringe or be capable of infringing any of the intellectual property or other rights of any person,
b. breach or be capable of breaching any applicable law, whether criminal, tortious or otherwise, or
c. be offensive, defamatory, obscene, pornographic, insulting, false, unreliable or misleading;
v. In respect of Commercial Assets offered for sale through any Auction, the Vendor has (or has authority to act on behalf of the person or entity who has) clear and good legal title to the Commercial Assets free from all encumbrances and the Commercial Assets are not the subject of police investigation and that cherished registration plates and outstanding finance markers (if any) have been removed prior to the relevant Auction start date; and
vi. Any duties, taxes, imports or tariffs applicable to any Commercial Assets offered for sale through any Auction have been paid.
Indemnity
7.1 The Vendor agrees to indemnify Bluecycle against all losses, claims, costs and expenses suffered or incurred by Bluecycle due to any breach of this Agreement by the Vendor, and/or misrepresentation and/or breach of warranty and in respect of any claim by any Dealer against Bluecycle arising in connection with the supply of or failure to supply any goods or Commercial Assets to such Dealer under an Auction.
Changes to these Terms and Conditions
8.1 Bluecycle reserves the right to amend this Agreement from time to time and post the new version on the Site. If Bluecycle exercises this right, Bluecycle will place notification of such changes on the Site homepage. The new Agreement shall be effective, and will govern all bids made immediately after notification and will also govern all other activity on or through the Services and the various parties' relationship with Bluecycle. If a person does not wish to be governed by the new version of the Agreement, such person must cease to participate in Auctions and cease to use the Services.
General Requirements for Dealers
9.1 Commercial Assets shall be available for purchase by any Dealer registered as a Dealer to use the Services.
9.2 To register for and use the Services, a person must be approved as a Dealer by Bluecycle. Employees of the Aviva Group (meaning the group of companies the ultimate holding company of which is Aviva plc or any successor thereto) are not permitted to register as a Dealer. Any person who has had his Dealer licence suspended or revoked shall not be authorised (while the licence is suspended or revoked) to bid on a Commercial Asset. Bluecycle may at any time refuse services (including, but not limited to, bidding, buying, and listing) to anyone at anytime.
9.3 Registration.
The Dealer undertakes to register for the Services by providing the correct name, address and any other requested details in the course of registration ("Dealer Information"). The Dealer must also disclose if they are, or become an employee of the Aviva Group. If any of the Dealer Information entered becomes incorrect or is superseded, then the Dealer must notify Bluecycle with the corrected information as soon as possible, and, in any event, before concluding a transaction if the Dealer is a successful bidder. Bluecycle reserve the right to decline registrations without entering into further correspondence.
9.7 Dealer Information
The Dealer hereby grants to Bluecycle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) in the Dealer Information, in any media now known or not currently known, for the limited purposes of implementing and operating the Site.
Commercial Asset Auctions
10.1 Access.
The Dealer may not access the Services unless the Dealer is a registered user.
10.2 Passwords.
The password used by the Dealer to access the Site must not be passed or revealed to anyone else. The Dealer accepts full responsibility for any damage caused to Bluecycle and any other Dealer, Vendor or third party as a result of such disclosure. For the avoidance of doubt, the Dealer must not disclose their password to any third party in order to enable the third party to access the Auctions on the Site.
10.3 Descriptions and Images.
For each Commercial Asset Auctioned on the Site, Bluecycle shall provide a description of the Commercial Asset (the "Indication"), and one or more images (the "Images"). The actual condition of a Commercial Asset may vary substantially from the Indication, and the appearance of the Commercial Asset may vary substantially from the Images. The Indication is not intended as an authoritative, completely accurate description of the Commercial Asset, and therefore may not be relied upon by the Dealer as such. The Images are not intended as a completely accurate representation of the appearance of the Commercial Asset, and therefore may not be relied upon by the Dealer as such. Without limitation to any right of intervention in any Auction expressed elsewhere in this Agreement, Bluecycle expressly reserves the right to intervene in any Auction to amend the Indication and/or the Images of any Commercial Asset. Notwithstanding that right, BLUECYCLE EXPRESSLY EXCLUDES ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS ARISING OUT OF THE INACCURACY OF ANY INDICATION OR ANY IMAGES OR IN RESPECT OF ADDITIONAL DAMAGE IDENTIFIED ON DELIVERY/COLLECTION.
10.4 Signwriting on Commercial Assets.
Bluecycle expressly reserves the right to remove or obscure (by whatever means it deems necessary) any signwriting that may be on a Commercial Asset put up for Auction, after the Auction has concluded but prior to that Commercial Asset being released from the Contractor's premises.
10.5 Inspection.
Bluecycle may, in its sole discretion, make certain Commercial Assets available for inspection by the Dealer (an "Inspection"). The Dealer is encouraged to conduct an Inspection whenever such Inspection is made available. For the avoidance of doubt, the Dealer does not have a right to an Inspection, and nothing in this Agreement obligates Bluecycle to provide an Inspection.
10.6 Suspension or Termination of a Dealer's Account.
Bluecycle reserves to itself the unfettered right at its sole discretion to suspend or terminate an account held by any Dealer in order to prevent that Dealer from participating in Auctions and without prejudice to the generality of this right may do so when a Dealer is or appears to be in breach of any of the provisions of this Agreement, including, without limitation, by providing false registration details or otherwise misusing the Services. Any person who holds such a suspended or terminated account may not re-register for the Services without Bluecycle's prior written consent.
Bidding in Auctions
11.1 Bids.
The winning bid in any Auction will be the highest bid which exceeds any Reserve and meets any other express conditions of the relevant Auction ("Winning Bid"). If a bid made by a Dealer is followed by a higher bid by another Dealer that is later removed by Bluecycle for any reason, Bluecycle may in its sole discretion decide whether to accept the previous highest unsuccessful bid as the Winning Bid. With this exception, all unsuccessful bids will lapse after closure of the relevant Auction.
11.2 Bids are not retractable. If the Dealer places the Winning Bid, and the Dealer's bid is accepted, then that Dealer (the "Winning Bidder") shall be legally obligated to complete the transaction.
11.3 Without limiting any other remedies, Bluecycle may suspend or terminate a Dealer account if the Dealer is found (by conviction, settlement, insurance investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site (including but not limited to bid manipulation).
Payment
12.1 Bluecycle shall not make credit terms available to, or otherwise extend credit to Dealers using the Services. All payments are to be made in Pounds sterling.
12.2 VAT. The prevailing VAT rate will be applied to all Commercial Asset sales that are covered by the Value Added Taxes Act 1994 Section 4 (unless purchasing a Commercial Asset from a Private Seller, in which case Section17.12 below will apply).
12.3 A Buyers' Premium shall apply to all purchases made via the Site. The premium will be applied at a rate of 5.5% of the sale price (excluding VAT) of the Commercial Asset, subject to a minimum of £40.00. The Winning Bidder shall pay the premium at the same time as paying for the Commercial Asset in accordance with Section12.4. Please note that the Buyers' Premium will be refunded in the case of full refunds only. Refunds in all other cases will be at the discretion of Bluecycle.
12.4 The Winning Bidder shall be required to make confirmed payment in full and within 15 calendar days (including day of Auction closure) of the date of the Auction closing (the "Payment and Collection Period"), and in any case before a Commercial Asset will be released from the storage depot (the "Contractor"). All payments are inclusive of VAT (where VAT is applicable). A release note will be issued by Bluecycle to the Winning Bidder following payment by the Winning Bidder. The release note may, in Bluecycle's absolute discretion, not be issued until payment in full has been confirmed as paid into the Bluecycle bank account.
12.5 Where the Winning Bidder fails to make payment in accordance with section 12.4, the Winning Bidder shall have access to the Site suspended until payment is received. Bluecycle reserve the right to permanently suspend a Winning Bidder from the Site where the Winning Bidder fails to make payment in accordance with section 12.4 on more than one occasion.
For the avoidance of any doubt any payment which is not received for a winning bid will result in that Winning Bidder being suspended from the Site immediately until payment for the applicable Commercial Asset is received or a Commercial Asset cancellation charge is made. Bluecycle reserve the right to permanently suspend a Winning Bidder from the Site who fails to make payment.
12.6 There are two payment options available with Bluecycle.
i. Charge Card.
If the total amount to be paid is under £6000 you can pay by credit or debit card (all major credit cards are accepted with the exception of AMEX and Diners Club). Please note that credit card transactions incur a 3% administration fee while debit card transactions incur a 1% administration fee which is added to the final purchase price in order to cover Charge Card transaction costs. Bluecycle reserves the right to vary this % to cover reasonable costs associated with Charge Card transaction costs. Charge Card transactions are required to be processed through the Site.
ii. Bank Transfer directly into Bluecycle’s bank account. Bank fees payable on transfer will be borne by the Winning Bidder.
For the avoidance of doubt, if your choice of payment method is Charge Card, where the total amount to be paid is in excess of £6,000, the funds will need to be sent by Bank Transfer into Bluecycle's bank account. Bank fees payable on transfer will be borne by the Winning Bidder.
12.7 Bluecycle reserves the right to stipulate specific payment methods from time to time.
12.8 If any payment in respect of any Commercial Asset due to Bluecycle is not paid within the Payment and Collection Period (an "Unclaimed Asset"), then interest will be charged on that payment at an annual rate (but with interest accruing on a daily basis) of 3% above the Lloyds TSB Plc base rate from time to time, such interest to accrue from the due date for such payment until the date of actual payment of all sums outstanding.
12.9 Charge card payments must be completed within 10 calendar days (including day of Auction closure) of Auction closure. Failure to do so may, in Bluecycle's absolute discretion, result in the automatic re-Auctioning of the Commercial Asset and suspension of the Winning Bidder from the Site.
12.10 Any non-payment of Commercial Assets (either by debit card, credit card or any other means) within 15 calendar days of the end of the Auction at which the Asset was purchased will result in the Winning Bidder being suspended from the Site immediately and a cancellation charge of 10% of the UnclaimedCommercial Asset ’s value being applied to the Winning Bidder’s account [if payment in full is not received after 15 calendar days. Bluecycle reserve the right to permanently suspend a Winning Bidder from the Site who fails to make payment on more than one occasion.
12.11 Notwithstanding any other provision in this Agreement, Bluecycle hereby reserves the right, at its sole discretion, to dispose of any Unclaimed Commercial Asset 15 calendar days after the closure of an Auction in whatever way Bluecycle decides, including, but not limited to the following:
i. offering the Unclaimed Commercial Asset to another bidder who participated in the relevant Auction; and
ii. re-Auctioning the Unclaimed Commercial Asset on the Site.
12.12 Bluecycle reserves the right to cancel the registration and all associated rights of any Winning Bidder who does not make payment in full within the Payment and Collection Period.
12.13 The Winning Bidder is required to make full payment to Bluecycle in respect of the Commercial Asset that he has successfully bid for and all rights of the Winning Bidder to set off (whether by legal or equitable set off or otherwise) amounts claimed against Bluecycle and/or due from Bluecycle and whether in respect of another Commercial Asset or otherwise is excluded. For the avoidance of doubt, each Winning Bid is a separate transaction.
12.14 A Dealer’s account with Bluecycle is solely for that Dealer’s own use. The password restrictions detailed in Sections 10.2 above mean that the Dealer should be the only person able to make payments on the Dealer’s account.
Collection of Commercial Assets
13.1 The Winning Bidder must collect the Commercial Asset from the Contractor within 10 calendar days of making payment for the Commercial Asset. Failure to do so will result in the Winning Bidder being liable for Storage Fees ("Storage Fees") as follows:
i. After 10 calendar days a fee of £15 + VAT per day will be applied
The Winning Bidder is required to pay the Storage Fees to the Contractor who has stored the Commercial Asset.
13.2 The Winning Bidder must telephone the Contractor's premises 48 hours before collecting the Commercial Asset to confirm that the Commercial Asset is available for collection. Failure to comply with this requirement may lead to the Contractor denying the Winning Bidder access to the Commercial Asset.
For the avoidance of doubt, if a Winning Bidder fails to telephone the Contractor 48 hours prior to collection in order to confirm the availability of the Commercial Asset for collection, then no compensation will be made for the journey if on arrival the Commercial Asset is not available for release.
13.3 The Winning Bidder should upon delivery or collection of the Commercial Asset check the Commercial Asset as this is deemed to be the point at which the Winning Bidder has accepted the Commercial Asset. Refunds and compensation will not be given under any circumstances on a Commercial Asset after a Winning Bidder has accepted it. In any event rejection can only take place within 25 calendar days of the date of the Auction closing.
13.4 The Winning Bidder or their agent must provide either a current passport or a photographic driving licence as proof of identification when collecting the Commercial Asset. Failure to comply with this requirement may lead to the Contractor denying the Winning Bidder or their agent access to the Commercial Asset. For the avoidance of doubt, if a Winning Bidder or their agent fails to provide the required identification and as a result the Commercial Asset is not made available for collection, then no compensation will be made for the journey or storage costs accrued.
13.5 The Winning Bidder hereby agrees that it shall use suitable vehicles for the collection of the Commercial Asset, such vehicles should be roadworthy and safe, fit for purpose, generally presentable and comply with all relevant legislation (UK and Overseas).
13.6 The Contractor may, in its sole discretion, offer to deliver the Commercial Asset to the Winning Bidder to an address in the UK. Such arrangement, if made, is strictly an agreement between the Contractor and the Winning Bidder, and in no way involves, includes or obligates Bluecycle.
13.7 Cherished/Personalised registration numbers do not form part of nor are they included in any sale transaction.
13.8 The Vendor and Winning Bidder agree that title to the Commercial Asset shall pass to the Winning Bidder upon payment by the Winning Bidder of all monies owed to Bluecycle and the Contractor who has stored the Commercial Asset, including the Winning Bid price and any accumulated Storage Fees.
13.9 Where the Commercial Asset has not been picked up 15 calendar days after the Auction closure date Bluecycle reserves the right to retain possession of the Commercial Asset and the Vendor will retain title as detailed in the preceding section. Bluecycle will retain such part of the purchase cost of the Commercial Asset as necessary to meet the Winning Bidder's liability for incurred Storage Fees and Bluecycle's administration costs.
13.10 For the avoidance of doubt all points in section 13 are applicable to Commercial Assets purchased through a second bidder offer.
Exclusion of Warranties
14.1 All representations, warranties and conditions, express or implied, statutory or otherwise, in respect of the Commercial Assets are expressly excluded to the fullest extent permitted by law (including without limitation warranties and conditions as to fitness for purpose, description, and satisfactory quality). This applies to the pre-accident condition and maintenance of the Commercial Asset and the post-accident condition and maintenance of the Commercial Asset.
14.2 The Winning Bidder hereby acknowledges and agrees that any Commercial Asset purchased by the Winning Bidder shall be purchased in the state and condition it is in at the time of purchase with all faults and defects ("as is"). The Winning Bidder further specifically acknowledges that the Commercial Asset purchased "as is"; may be damaged, defective or otherwise un-merchantable and/or of unsatisfactory quality, and upon collection / delivery the Winning Bidder fully accepts the Commercial Asset in this condition.
Winning Bidder's Obligations After the Sale
15.1 The Winning Bidder agrees to indemnify and hold Bluecycle harmless from and against any third party claims, demands, action or causes of action arising out of or in connection with the Winning Bidder's subsequent disposal (or, where permitted, resale) of a Commercial Asset.
LIABILITY
16.1 Bluecycle expressly excludes any liability for any of the following:
i. Any claim in respect of any stolen Commercial Assets that may have been offered for Auction on the Site;
ii. Any claim in respect of any loss arising from a Commercial Asset failing a vehicle identity check (VIC);
iii. Any faulty Commercial Asset offered for Auction on the Site;
iv. Any misrepresentation (whether innocent or negligent) made in respect of any Commercial Asset or in connection with any Auction or the Services;
v. Damage caused to the Services or affecting any Auction or damaging or otherwise affecting any property (including, without limitation, any website, computer system or intellectual property) of any Dealer, Vendor, user or third party which damage results from any improper or fraudulent use or electronic "hacking" of the Services; and
vi. Any loss arising from use of any link on the Site to any other website or part of the internet.
16.2 Consequential loss. Bluecycle shall not be liable to the Dealer or Vendor or any third party for any monetary and/or economic losses and/or property damage of any type and without prejudice to the generality of this exclusion will not be liable for any direct or indirect or consequential loss or damage, or for any loss of data, profit, revenue, income or business, howsoever caused (whether arising out of any negligence by Bluecycle, their employees or their agents or breach of this agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Bluecycle. Notwithstanding the foregoing, nothing in this Agreement shall limit Bluecycle's liability for death or personal injury resulting from Bluecycle's negligence.
16.3 Dealer's duty to indemnify. The Dealer hereby agrees to indemnify Bluecycle against all liabilities, claims and expenses that may arise from any breach of this Agreement by the Dealer.
Private Seller Terms
In this Section, the Vendor of the Commercial Asset is referred to as the "Seller", the Commercial Asset is referred to as a "Commercial Asset" and the Winning Bidder is referred to as "the purchaser".
17.1 Quality Standards. The Seller is responsible for the accuracy and population of all Commercial Asset details (whether through manual upload or data feed). The Seller authorizes Bluecycle to amend Commercial Asset details submitted as a result of Bluecycle checking the relevant details against third party sources of data.
17.2 Private Seller Commercial Assets must comply with the following:
i. Indication of Damage or General Information will be brief with all known damage
ii. Commercial Assets must be free of all encumbrances (finance markers, correct categorisation, theft markers).
17.3 The Seller is responsible for any ownership or description issues arising post-sale.
17.4 Auction Data Uploads. Bluecycle will work with the Seller's system provider to enable Bluecycle to accept bulk data uploads from the Seller's Commercial Asset system (e.g. DH Systems). Any necessary modifications on the Seller's system will be the responsibility of the Seller. The Seller is responsible for the integrity of data feeds supplied to Bluecycle.
17.5 Bidding on your own Auctions is strictly prohibited; the reserve option can be used to protect Commercial Asset values.
17.6 Buyer Issues Resolution. Bluecycle will assist in dealing with all general customer queries during the Auction relating to Commercial Asset details. All customer issues arising post Auction will be directed to the Seller.
17.7 Before releasing the relevant Commercial Asset to the purchaser (or the purchaser's agent) the Seller shall ensure that the Commercial Asset is inspected by the purchaser and any issues are discussed and resolved. The Seller shall obtain a signed Acceptance Form from the purchaser (or the purchaser's agent) and the Seller shall advise the purchaser (or the purchaser's agent) that no refund or compensation will be issued after acceptance of the relevant Commercial Asset.
17.8 Account Management. Any issues the Seller has relating to the running of their Bluecycle Private Seller account will be handled by the nominated Account Manager.
17.9 Bluecycle will work with the Seller to create and generate sales reports and Auction performance reports in line with the Seller's requirements.
17.10 Payments:
i. Payment runs will be processed twice weekly on Tuesday and Thursday.
ii. Payments will be made in the following payment run after the Commercial Asset has been marked "collected" on the Bluecycle Plant web site.
iii. Payments by BACS take three working days to reach the Seller's bank account.
iv. Auction listing fees are to be collected (by Direct Debit) for all Commercial Assets listed on the Bluecycle Plant Web Site in accordance with Schedule 2 of the Private Seller Agreement between Bluecycle and the Seller.
v. Details of all Commercial Assets on which payments are being made and payment dates will be e-mailed to the Seller.
17.11 The Seller is responsible for tracking and paying all storage charges (if any) incurred prior to Auction. Once the Auction has closed, the purchaser of each Commercial Asset will be charged storage charges in respect of that Commercial Asset in accordance with provision13. of these Terms/Conditions.
17.12 VAT will not be charged on all Commercial Assets sold, unless Bluecycle have been notified by the Seller that any such Assets are subject to VAT (and subject to the Seller providing Bluecycle with the Seller's VAT registration details). Invoices will be issued by Bluecycle as agent for the Seller.
17.13 Category B Vehicles. Any Seller who wishes to sell Category B Vehicles must apply to Bluecycle for authorisation to sell such Motor Vehicles via Bluecycle and must provide copies of the following:
i. Full Waste Management Licence or Authorised Treatment Facility Licence for End of Life Vehicles and, (if appropriate):
ii. Waste Carriers Licence
iii. Hazardous Waste Producers registration
iv. Motor Salvage Operators Licence - if not previously supplied
17.14 In respect of any Category B Vehicle, Bluecycle shall retain (as agent for the Seller) the images of those Motor Vehicles supplied to Bluecycle by the relevant Category B Dealer.
Choice of law and jurisdiction section
18.1 This Agreement is governed by and is to be construed in accordance with the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.