TERMS & CONDITIONS
1. Pre-Contract Information
a. In order to commence the purchase process, you (the Seller) must visit the Sell My Car Hero website and complete our online valuation form You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation form we will contact you with the valuation for your vehicle.
b. Valuations are provided on a “subject to contract” basis and are not legally binding. Sell My Car Hero reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Price Quoted
a. The price quoted in the valuation will be in pounds sterling.
b. All prices quoted in our valuations are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the prospective Seller.
c. If for some reason an error in the valuation quoted has occurred, Sell My Car Hero will rectify the price as soon as reasonable practicable after notification of our mistake. No liability whatsoever can be accepted by Sell My Car Hero for accidental mistakes or errors caused by any system failures.
d. Any significant increase in mileage by the Seller from the date of the valuation to the date of delivery of the vehicle to Sell My Car Hero will result in the valuation potentially being incorrect. A revised valuation may be required. A significant increase is defined as 100 miles or over.
a. Sell My Car Hero dealers will pay for the vehicle by ‘Faster Payments Service’ from Lloyds bank made payable to the Seller only. Payment to a nominated third party will generally be unacceptable for this purpose.
b. Cleared funds can be available within 2 hours if made via ‘Faster Payments Service or may take up to 3-4 working days if the receiving bank does not support faster payments. No liability is accepted for any delay which was unavoidable in the circumstances.
c. Sell My Car Hero reserves the right to pay by any other appropriate payment method when and where reasonable including by cash.
d. Payment cannot be made in cash for vehicles that will be scrapped.
4. Seller’s Warranties
a. The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
b. The Seller warrants that the vehicle is not subject to undisclosed finance.
c. Unless declared on our website during the initial valuation the Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial repairs.
d. The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
e. The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage etc.).
f. The Seller warrants that there are no undisclosed “title defects” with the vehicle that a prudent purchaser would want to be informed about.
g. The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to Sell My Car Hero.
h. The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessor or otherwise.
5. Vehicles subject to Finance
a. It is the responsibility of the Seller to disclose to Sell My Car Hero any existing finance associated with the vehicle.
b. Sell My Car Hero may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to the Seller at its absolute discretion. Sell My Car Hero has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
c. If the agreed sale price of the vehicle is lower than the settlement figure required to fully-settle any related finance, the Seller must pay Sell My Car Hero the difference between the settlement figure and the agreed sum in advance of Sell My Car Hero settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put Sell My Car Hero in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated.
d. The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. Sell My Car Hero does not accept any liability with respect to the related finance at any time or for any reason.
e. Sell My Car Hero will use its best endeavours to pay-off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. Property and Risk
a. Risk and property in the vehicle will pass from the Seller to Sell My Car Hero at the time that the written contract is signed by the Seller.
b. Failure by the Seller to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the “issue” of payment by Sell My Car Hero to the Seller and not on receipt of the same. 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.
a. The vehicle will be inspected by a Sell My Car Hero representative prior to completion of the written 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 disclosed affect the valuation.
8. Miscellaneous Items
a. When the Seller hands over the vehicle, he shall provide Sell My Car Hero with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
9. Consequential Losses
a. Sell My Car Hero, 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
10. Exclusion of Liability
a. Sell My Car Hero does not limit its liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
a. The terms of this cannot be varied by oral representation or otherwise.
Any variation must be in writing and signed by both parties.
12. Third Party Rights
a. 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.
13. Governing Law and Jurisdiction
a. The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.