Terms & Conditions of EMR Vehicle Recycling
1. GENERAL CONDITIONS
1.1. In this document the following words and phrases shall have the meanings:
(a) “we”, “us” or “our” means EMR Vehicle Recycling, a division of European Metal Recycling Limited (registered number 02954623).
(b) “you” or “your” means you, the legal owner of the vehicle to whom a Quotation is provided.
(c) “Authorised Contractor” means any third party contractor authorised by us to assist us in providing the Service or performing any Contract pursuant to paragraph 9 below.
(d) “Contract” means the contract for the sale of your vehicle to us which becomes effective as set out in paragraph 4.7 below.
(e) “Service” means the service that we will provide to you as described in paragraph 3 below.
(f) “Request” means the request that you make to us to provide the Service.
(g) “Quotation” means the quotation we provide to you in response to a Request to provide the Service as further described in paragraph 4.
(h) “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s business, craft or profession.
2.1. The terms and conditions in this document will apply to the provision of the Service by us to you.
2.2. By using the Service you warrant to us that you are entering into a Contract as a Consumer.
3. DESCRIPTION OF THE SERVICE
We will arrange for a Quotation to be supplied to you and, if you accept the Quotation, your vehicle to be collected from a specified location (if requested by you) and delivered for treatment at an authorised treatment facility in accordance with the UK end of life vehicle regulations. We will also issue arrange for the issue to you of a DVLA Certificate of Destruction.
4.1. When you submit a Request for the Service to us, if your vehicle appears to us to be eligible for the Service then we may provide a “Quotation” to you in return.
4.2. In order to enable us to provide the Service you will be asked to provide your name, address and other contact details, details of your vehicle (on which we may undertake checks), its condition and, if you require us to collect your vehicle, its location.
4.3. By making a Request, you consent to the collection, use and transfer of the information that you provide to us in accordance with these terms and conditions. You acknowledge and agree that we may make available or disclose to third parties information about you to the extent necessary to enable us to provide the Service. We will retain the personal information provided by you for as long as is reasonably necessary to enable us to provide the Service. The information you provide to us will be stored in the UK.
4.4. If you accept a Quotation, we may contact you to ask you to confirm certain details or provide additional information.
4.5. Any Quotation which we provide to you is based on the assumption that your vehicle:
(a) contains all of the components that would reasonably be expected to be included within it such as the engine, gearbox, bodywork, battery and original catalytic converter;
(b) is free from major damage such as damage sustained in a collision or as a result of an act of theft or vandalism;
(c) does not contain refuse, rubbish or litter; and
(d) (if it is to be collected by us) is accessible, such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.
4.6. You are required to inform us if the condition of your vehicle is not as stated in paragraph 4.5, in which event the Quotation will need to be adjusted and we will contact you to tell you the new amount.
4.7 We will confirm the Quotation for your vehicle once it has been inspected to ensure that the information you have provided is correct. If we consider that the value of your vehicle is affected by anything which was not made clear by you when requesting a Quotation, the price offered to you by us will differ from the original Quotation. If you accept the offer that is made, your acceptance will be confirmed by your signature of a vehicle sale form. It is at this point that a Contract comes into effect between you and us.
4.8. If, at any point, it becomes apparent that your vehicle is not in the condition required under paragraph 4.5 then we may adjust the price for your vehicle, in which case you will be given a reasonable opportunity to cancel the Contract without penalty.
4.9. Any payment due to you under a Contract will, unless otherwise agreed, be made by electronic funds transfer on the date that the vehicle is accepted.
4.10. If there is a charge to be paid by you under the Contract unless we agree otherwise you must pay the charge so that it is received by us on or prior to the date on which the vehicle is accepted.
4.11. Quotations are valid for 14 days from the date on which we issue the Quotation to you. If you do not accept the Quotation within this period, it will expire.
5.1. Under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) consumers are given the right to cancel orders for services during the period of seven working days after the day on which the consumer enters into an agreement for the provision of services with a supplier or, if later, the day on which a consumer receives notice of its right to cancel (“Cooling Off Period”). The Regulations contain several exceptions to the Cooling Off Period and one of these would apply if you were to ask us to start providing the Service before the Cooling Off Period ends (e.g. where you have asked us to make arrangements to collect your vehicle or where you drop your vehicle off at our facility and agree we can provide the Service). Accordingly, you acknowledge and agree that when you enter into a Contract and we come to collect your vehicle from you, or you drop your vehicle off at our premises, your rights to cancel under the Regulations end at that point in time.
5.2. Subject to paragraph 5.1 you may not cancel a Contract without our consent.
6.1. When you make a Request for a Quotation you will be deemed to have warranted to us that:
6.1.1. the statements and representations made by you are correct and accurate;
6.1.2. you have the legal right to dispose of the vehicle;
6.1.3. the vehicle is free of all finance charges, such as a hire purchase;
6.1.4. you will remove any personal possessions from the vehicle before it is collected; and
6.1.5. we will be given a reasonable opportunity to examine the vehicle and confirm that its condition and location are as stated by you before the Contract is formed.
6.2. If any of the warranties given by you in paragraph 6.1 is not true we are under no obligation to provide the Service and you will be liable for our reasonable and foreseeable losses and those of our Authorised Contractor as if the Contract had been cancelled under paragraph 5.
6.3. We warrant to you that both we and any Authorised Contractor will carry out the Service with reasonable skill and care.
7. EXCLUSION OF LIABILITY
7.1. We cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of god or other circumstances beyond our reasonable control.
7.2 We will only be liable for losses that are foreseeable and caused by our own negligence.
7.2. Nothing in these conditions shall exclude or limit our liability for death or personal injury which is caused by our negligence or that of any Authorised Contractor nor affect your statutory rights.
7.3 We do not take any responsibility for returning any personal possessions found in the vehicle. Any items found in the vehicle will be disposed of at our discretion.
8. YOUR LIABILITY
8.1. You will be liable for any loss, damage or injury (whether direct, indirect or consequential) that we or our Authorised Contractor (or our respective employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under the Contract.
8.2. If, as a result of your negligence, we or our Authorised Contractor incur any loss or expense then we will be entitled to recover such losses and expenses from you.
9. AUTHORISED CONTRACTORS
9.1. We shall be entitled to sub-contract our obligation to provide any part of the Service or to perform any Contract to an Authorised Contractor.
10.1. Any waiver by us in exercising our rights will not prevent us from exercising any of our rights on a subsequent date.
10.2. If you are a resident in the UK then English law will apply to the Contract and the English courts will have exclusive jurisdiction in relation to the Contract. If you are not resident in the UK then you agree that English law will apply and the English courts will have non-exclusive jurisdiction.
10.3. If any of the terms contained herein are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of the terms and conditions which shall remain unaffected.
10.4. Our Authorised Contractor shall be entitled to enforce the terms set out herein but no other person other than you and us shall have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this document. This paragraph 10.4 shall not affect any right or remedy of any person which exists, or is available, other than under that Act.