Your Quote Agreement
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
1. GENERAL CONDITIONS
1.1 References to 'we', 'us', or "MOTORWISE" relate to Motorwise Online Services Ltd trading as " MOTORWISE ".
1.2 References to the "Seller" or 'Customer' relate to you, the owner of the vehicle which is the subject matter of a valuation/purchase or disposal request.
2. PRE-CONTRACT INFORMATION
2.1. This document sets out the terms and conditions between you and us. It is our intention that the Service is provided and accepted on these terms. If you are a Consumer and wish to rely on any variation to these terms then you should ensure that the variation is notified to us in writing and acknowledgement of receipt and agreement obtained before issuing any instructions to us to carry out the Service.
2.2 In order to commence the purchase process, you (the Seller) must visit the Motorwise website www.motorwise.com and fully complete the online valuation process. You will need to provide us with certain information about the vehicle you want to sell and its location. Once you have completed the online valuation process you will subsequently receive an e-mail that will contain the given valuation. The on-line valuation is based only on the details provided by the seller, and the assumptions made therein, and takes no account of the condition of the vehicle. If there are circumstances under which these assumptions cannot be met (e.g. the vehicle is incomplete), the seller must inform the Motorwise appointed Recycling Company before arrangements are made to collect the vehicle.
2.3 This valuation is provided on a "subject to contract" basis and is not legally binding. MOTORWISE reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
3. PRICE QUOTED
3.1 The price quoted in the valuation will be in pounds sterling.
3.2 All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller and third party data. The provision of inaccurate, false or misleading data by the Seller, or as a result of third party errors, will result in an inaccurate valuation & under these circumstances MOTORWISE is under no obligation to honor the quote.
3.3 If for some reason an error in the valuation quoted has occurred, MOTORWISE will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by MOTORWISE for accidental mistakes or errors caused by system failures or third party data providers.
3.4 The valuations provided are on a 'subject to contract' basis and are not legally binding upon Motorwise or the prospective Purchaser on whose behalf Motorwise has provided a quote. Motorwise reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
4.1 Once you have accepted the Quotation, you may cancel the contract by notifying us at any time prior to the collection service being executed. However if you fail to notify us of the cancellation before the collection has been initiated, then you may be liable for the cost of the aborted collection trip.
5.1 MOTORWISE is an introductory service that connects Sellers to Purchasers (an appointed Recycling Company or Salvage Buyer).
5.2 All payments will be made by the appointed Recycling Company or Salvage Buyer, the details of which will be provided on your quote.
5.3 Payment will be made promptly upon collection of the vehicle and in accordance with the payment terms agreed between the Seller and the Purchaser (Recycling Company or Salvage Buyer).
6. SELLER'S WARRANTIES
6.1 The following warranties are valid where the information has been provided by the Seller.
6.2 The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
6.3 The Seller warrants that the vehicle is not subject to undisclosed finance.
6.4 The Seller warrants that he/ she is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Recycling Company or Salvage Buyer.
6.5 The Seller warrants that no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise. By executing the sale, the Seller confirms that any and all pre-existing liabilities remain with the Seller and do not pass to the Purchaser.
7. SELLER'S RESPONSIBILITIES
7.1 The Seller is surrendering ownership of their vehicle to the Recycling Company or Salvage Buyer carrying out the collection, as detailed in the quote.
7.2 The Recycling Company or Salvage Buyer, details of which are contained in the quote, is responsible for any payment to the Seller for the vehicle.
7.3 If the vehicle is scrapped, the Recycling Company will notify the DVLA by production and submission of a Certificate of Destruction.
8. VEHICLES SUBJECT TO FINANCE
8.1 Prior to arranging collection of any vehicle, it is the responsibility of the Seller to disclose to the Recycling Company or Salvage Buyer if there is any existing finance or Hire Purchase Agreement associated with the vehicle.
8.2 The Seller at all times remains liable to the finance company in respect of any outstanding finance. By agreeing to sell the vehicle the Seller acknowledges that liability does not transfer in any way to MOTORWISE or the Recycling Company or Salvage Buyer purchasing the vehicle.
9. PROPERTY AND RISK
9.1 Risk and property in the vehicle will pass from the Seller to the Recycling Company or Salvage Buyer upon the "issue" of payment by the Recycling Company or Salvage Buyer to the Seller. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the issue of the cheque (or other appropriate means of payment) to the third party.
10.1 The vehicle will be inspected by the Recycling Company or Salvage Buyer prior to completion of the contract. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the online valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not previously disclosed affect the valuation.
11. MISCELLANEOUS ITEMS
11.1 When the Seller delivers the vehicle, he shall provide the purchasing Recycling Company or Salvage Buyer with all the necessary documentation relating to the vehicle such as service record and invoices, V5C (log book/ registration document), spare keys, manuals etc.
12. CONSEQUENTIAL LOSSES
12.1 MOTORWISE, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
13. EXCLUSION OF LIABILITY
13.1 MOTORWISE does not limit its liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
14.1 The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
15. THIRD PARTY RIGHTS
15.1 Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
16. GOVERNING LAW AND JURISDICTION
16.1 The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.