UK Auto Exporters Ltd (hereinafter referred to as the “company”, “we” or “us”) hereby establishes the following terms and conditions (hereinafter referred to as “(the) Terms”) for persons utilizing the company’s Internet sales service for vehicles and other items (hereinafter referred to as “(the) users” and “(the) service” respectively).
Clause 2: Scope of and Changes to the Terms
The Terms (as in effect from time to time) will apply to all transactions between the company and the users relating to the service.
The company reserves the right to modify the Terms from time to time.
Even if the User uses the Service through an Affiliate Site, the Rules and Regulations will be deemed to be applied between the User and the company.
Clause 3: User Notification
Except as otherwise stipulated in the Terms, users shall receive notifications from the company via e-mail, via general postings on the service Website, or by other means deemed appropriate by the company.
Where notification is given by e-mail, said notification is deemed complete when the e-mail is sent to the user’s last known e-mail address as provided to the company at the time of application or subsequently.
Where the notification is carried out via general postings to the service Website, notification is deemed complete once it has been posted to the Website for general access by users.
Once notification has been completed, any information contained in said notification is effective immediately
Users are responsible for perusing notifications from the company through e-mail without delay. The company will not be liable for user’s failure to do so.
Clause 4: Applicable Laws
The governing law for these Rules and Regulations, the Site, and the Service is the law of England.
No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.
Clause 5: Court Holding Jurisdiction
Should any dispute between user(s) and the company occur with regard to the service and/or any contracts concluded through the service, the parties agree to attempt to settle any such dispute in a sincere manner through discussion.
If the dispute cannot be resolved through discussion between the parties, the Her Majesty’s Courts Service Hertfordshire has exclusive jurisdiction as a court of first instance over the dispute.
Clause 6: Prerequisites for Utilizing the Service
The User(s) is responsible for obtaining and operating the equipment necessary to utilize this service, including communications equipment, software, relevant Internet services, etc.
Clause 7: Making Changes to Registration Information
Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must report any such changes to the company immediately.
The company shall not be liable to the user or any third party by reason of the failure to inform the company of changes in user information.
Clause 8: Restrictions & Prohibited Acts
The service is available to users or prospective users acting in good faith for the purpose of legitimate business transactions. Any actions of a user which do not meet such requirement shall entitle the company in its sole discretion to withdraw the service from that user and to recover damages for any wrongful act of the user.
Users shall also not conduct any of the actions that fall under the following items in their use of the Service:
Breaching the copyrights, trademark rights, or other intellectual property rights, privacy rights, image rights, or other rights of another person, damaging the honor, credibility, or assets of another person, or any other contributed auctions.
Exposing information, or know how etc. that is kept confidential by another person.
Actions whereby the User behaves threateningly, provocatively, or insultingly to another party, or otherwise causes mental anguish.
Forcing another person to enter into an association, activity, or organization, or to furnish transactions, profits etc., or to provide a service, or actions that request such things even though the other person has refused.
Registering or posting information which is untrue, or that contains mistakes, or actions that could possibly cause another person to misunderstand the User’s identity, products, contents of the service, or transaction conditions.
Regarding transactions conducted with other operators through the Service, actions that delay performance of obligations, make performance impossible, or imperfect or flawed performance.
Collecting, stockpiling, altering, or deleting another person’s information.
Using the Service under the guise of another person, having multiple people use the same account, or an individual establishing several accounts.
Unauthorized access or attempting to use unauthorized access, sending computer viruses, back-door or other unauthorized commands, programs, data, etc. to another person’s computer, or leaving harmful computer programs, etc. in a position whereby another person could receive them.
Actions that exceed the scope of normal use and place a burden on the server.
Using, gathering, or processing the information provided in the Service by a method other than the method provided by us, whether legal or illegal, and whether or not it infringes upon rights, or using the Service by a method other than the method provided by the company, for profit or for commercial purposes.
Posting information considerably lacking in quality, information for which the meaning is unclear or other Messages that deviate from the purpose of the Service, or repeatedly posting Messages with the same or similar content.
Actions that damage the credibility of the company, the Site, or the Service, or actions that demean the reputation of the company, the Site, or the Service.
Actions other than the items set out above that violate laws and ordinances, public standards, or the Rules and Regulations, actions that impede the operation of the Service, and actions particularly provided by the company and posted on the Site.
The company is not obliged to monitor whether or not the actions set out in the articles described in (2) above, are being conducted in respect of the Site or the Service. Further, the company is not liable for any damage suffered by a User as a result of another User conducting the actions set out in the items in Article (2).
We may request cooperation from Users regarding the submission of materials, or obtaining information in order to investigate whether or not the actions set out in the terms in article (2) have taken place and the details thereof, and Users shall cooperate with such requests; provided, however, that the company is not obliged to conduct such investigations.
Clause 9: Proprietary & Users Information
In instances as described in (1) above, if company handles a User’s business secrets it shall handle them with the due care of a good manager in accordance with the spirit of the Service.
Users may not utilize any information or record available via the service by any means whatsoever without the permission of the company for any purpose other than business transactions with the company.
Clause 10: Estimates
Users who wish to obtain an estimate for vehicles, machinery or other items (hereinafter referred to as “goods”) sold through the service can request the estimate via the service according to the procedure specified by the company on the Website.
Where an estimate is requested according to the procedure described above, it will be forwarded to the user within three business days by e-mail or other means deemed appropriate by the company.
Estimates will be forwarded to users in the manner described in Clause 3 of these Terms.
The company will not be liable if a user is unable to obtain an estimate due to incorrect or incomplete information.
Clause 11: Conclusion of Contract
Users wishing to purchase goods from the company through the service should remit the amount indicated in the estimate by electronic wire transfer to a specified account or by other means of settlement as stipulated by the company in the currency specified by the company. Users are responsible for all local and international bank fees incurred in the remittance of funds.
The contract is concluded when payment is credited to the company’s specified account or where payment is made by some other method specified by the company, said payment has been confirmed.
Once payment has been made by the user and confirmed by the company, the user and the company both agree to the sale, the user will be notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded.
It is the sole responsibility of the user to comply with all and any import regulations in their own country, and for the payment of all duties and taxes assessed in their own country.
Clause 12: Termination of Contract
Even after the contract has been concluded as described in (2) of Clause 11, the company reserves the right to terminate the contract if the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the user has made false statements or has engaged in any unlawful activity, where it is recognized that the contract is rendered impossible to execute due to actions of the user or for any other cause beyond the control of the company.
The Company is entitled to terminate or cancel the contract forthwith by written notice to the User(s) upon the occurrence of any of the following events:
In the event the User(s) shall fail to perform any of the terms or conditions contained in the Terms.
In the event of the insolvency of the User(s) or in the event a voluntary or involuntary petition in bankruptcy is filed by, against or on behalf of the User(s)
In instances as described in (1) & (2) above, any funds remitted or payments made to the company will be returned to the user without interest and less any bank charges or other costs incurred by the company.
Clause 13: Forwarding and Shipping
Once the contract has been concluded and the appropriate paperwork (UK export customs administration, shipping arrangements, etc.) completed, the user will be promptly notified of shipping details in the manner described in Clause 3 (notification).
Clause 14: Transfer of Property Rights on Goods
The transfer of property rights between the company and the user is governed by the International Commercial Terms (InCoTerms) issued by the International Chamber of Commerce (ICC), as noted on the estimate at the time the contract is concluded (see Clause 11).
Where the company and the user agree to conditions other than the above, their agreement takes precedence.
Clause 15: Transfer of Risk
The ICC’s InCoTerms apply to the timing of transfer of risk on goods between the company and the user, as noted on the estimate at the time the contract is concluded (see Clause 11).
Where the company and the user agree to conditions other than the above, their agreement takes precedence.
Clause 16: Product Liability
Product sales are based on as-is condition at the time of sale. The company bears no liability whatsoever for problems, including failure and/or accidents, which arise from breakdown, defects etc. they are the responsibility of the manufacturer (hereinafter referred to as “the manufacturer”). Further, the company will have no liability for loss or damage incurred by the user or any third parties.
Clause 17: Defect Liability
Once property rights have been transferred, the company is in no way liable for damages incurred by the user or any third party, including those arising from manufacturing defects.
The company and user may agree to conditions other than the above, in which case their agreement takes precedence.
Except where otherwise specified in the Terms, the Company shall not accept any claim for the vehicle.
The condition described on the Service Website shall be carefully examined by the User(s) on his or her own responsibility.
The Company shall not be responsible for any damage found after purchase.
Clause 18: Returns
Where a contract is concluded as stipulated above, the company will not allow for any returns once the property rights on such goods have been transferred.
Exceptions to the above may occur where the company is largely responsible.
Clause 19: Termination and Suspension of Service
The company may terminate or suspend operation of the service under the following circumstances:
For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a company system failure.
Where due to war, civil unrest, rioting, labour disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.
The company will endeavour to inform users in advance when operation of the service is to be terminated or suspended as per the above. This may not be possible in emergency situations.
The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.
The information provided through the Service and communications and other exchanges may be delayed or interrupted as a result of the company or other operators not being open for business, the occurrence of any of the events as described in (1) above, or for other reasons.
The information, data, software, products, and services provided by us through the service may include inaccuracies or faults. Further, we may add to, change, or delete all or part of this information etc. without prior warning.
We will take security measures at the level it judges reasonable regarding the server and other network equipment managed by us, but it is possible that incidents such as unlawful access, information leakage, or distribution of harmful programs could occur, in spite of these measures. Further, as the company does not take security measures regarding information that travels over the Internet or other open networks unless specifically stated, and since even if security measures are taken they could be overridden, it is possible that information could be stolen, falsified etc.
We do not bear any obligation to protect information posted on the site by Users and may arrange, move, or delete the information as appropriate.
We do not bear any liability regarding damage suffered by Users resulting from the events set out in each of the above items.
The company does not bear any liability regarding damage suffered by Users resulting from the parts of the service that are provided free of charge. Further, even if a User suffers damage resulting from our negligence in a part of the service that is provided for a fee, the company’s liability will be limited to the amount of payment actually received regarding the service that was the direct cause of the occurrence of damage, whether or not any cause for liability exists, such as nonperformance of obligations, defect warranty, or illegal acts, excluding damage arising due to special circumstances and lost profits damage.
Clause 20: Damages
If a User breaches the representations and warranties it made in respect of these Rules and Regulations of the company, or if the company suffers damage due to a User’s wilful misconduct or neglect, the User shall compensate the company for all damage suffered by the company, including any legal fees.
Clause 21: Links and Advertisements
The company sometimes posts links from our Web Content to other sites. Even in this case we will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the information and services etc. provided at the linked site. Further, whether authorized or not, the same applies for sites that link to the Site.
We sometimes posts advertisements for Other Operators on the Site. Even in this case we will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the products and services etc. provided by the advertiser.
We take no responsibility whatsoever for the content or the privacy policies of websites to which we may provide links. Those are links to servers maintained by other businesses and organizations. Those links are provided as a service to users. We also cannot provide any warranty about the accuracy or source of the information contained on any of those servers or the content of any file the user might download from those sites.
Clause 22: Claims Clause
In case of Claims Clause, UK Auto Exporters Ltd shall not be liable for:
Any interior damages that are judged as minor & invisible damages. (including cigarette burns, stains and any cuts)
Any exterior damages that are judged as minor & invisible damages. (including scratches, tiny dents, holes and small rust)
Any consumable parts including battery, oil, fuel, air conditioning gas, etc.. (excluding our Reconditioned & Fully Restore Vehicles).
Any damages (whatsoever) occurred on vassal (such damages come under the marine insurance).
No claim shall be accepted in the case of:
The Value of vehicle (FOB amount) purchased is below 3,500 GBP.
Any damages can be repaired within 500 GBP. (the customer shall bear minor repairing less than 500 GBP per vehicle );
The customer doses not notify any claims in writing by e-mail or fax within Seven (7) days after the arrival of the vehicle at the final destination (specified on the B/L).
The following documents have to be presented by e-mail or fax within Seven (7) days after the notice of claim to us.
Any reports of vehicle’s condition
A reputable Garage report with repair quotation.
Any photos of damages
Clause 23: Intellectual Property Rights
All Trademarks of UK Auto Exporters Ltd are owned by us.
The copyrights or other rights for all written materials and other content posted on the Website (“UKAutoExporters.com”) belong to the company or an approved third party, and do not belong to the Users. Unless otherwise stated by the company, users are only permitted to peruse these contents in the methods prescribed by us. Copying, redistributing, or using the contents in any other way, or changing, or creating derivative works using the contents is prohibited.
All copyrights or other rights such as for software and files attached to the Company’s Mail or used on the Website, belong to us or an approved third party, and do not belong to the Users. Unless otherwise stated by the company, users are only permitted un-assignable usage rights regarding the software, to peruse the Site, or within the minimum required scope in order to use the Service for personal use, and not for profit. We may cancel the license at any time and in such case the User shall immediately suspend use of the software and delete it from all memory devices managed by the User.
The website may contain trademarks, patents, technologies, products, processes or other intellectual property rights of the Host (the external company providing us with IT solutions) and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. All such trademarks, patents, technologies, products, processes or other intellectual property rights belong to their respective owners. No license, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of the Host and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this website, without the express written consent of the Host is prohibited.
Should any disputes arise due to violation of the rules stipulated in these Articles, the User(s) is responsible, financially and otherwise, for the resolution of such disputes. The Company will not be held liable in any way, and the User(s) will not cause loss to the Company.
Clause 24: Exclusions
Except where otherwise specified in the Terms, the company is in no way liable for damages incurred by users or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or cancellation of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.
The company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.
The company is in no way liable for any disputes between users and third parties that may arise through use of the service.
In addition to the above, the user is liable for compensation of any damages incurred by the company as a result of user’s violation of the Terms, wilful default, or gross negligence.
Any of the rights and obligations hereunder shall not be assigned by either party without a prior written consent of the other party. In the event an assignment is consented to by the other party, this Agreement shall inure to the benefit of and be binding upon the successor or the assignee.
Should any provision of the Terms be invalid or unenforceable, then such provision shall be given no effect and shall be deemed not to be included within the Terms, but without invalidating any of the remaining terms of the Terms. The parties hereto shall then endeavor to replace the invalid or unenforceable provision by a clause which is closest to the contents of the invalid or unenforceable provision.
Clause 25: Entire Agreement and Severability
If part of the provisions of these Rules and Regulations are judged invalid or unenforceable, the provision will be deemed to have been replaced with an effective and enforceable provision, the details of which are as close as possible to the purpose of the original provision. Further, in such case, the other provisions of these Rules and Regulations will survive and will not be influenced in any way.
These Rules and Regulations constitute the entire agreement between the User and the UK Auto Exporters Ltd regarding the service and the Site and take precedence over all previous or current communications or suggestions made either electronically, in writing, or verbally.
If User(s) do not agree to accept the Regulations, please refrain from perusing the Site and using the Service. If User(s) accepts the Regulations by clicking on the accept button on the Site or the Affiliate Sites, or by some other method, and if the User uses the Service, the User will as a matter of course be deemed to have accepted the Regulations. UK Auto Exporter Ltd reserves the right to modify these terms and conditions at any time without notice.