ALL ENTRIES OF VEHICLES FOR SALE AND ALL PURCHASES ARE SUBJECT TO THESE
CONDITIONS OF ENTRY AND SALE.
ALL BUYERS AND SELLERS AGREE THAT THESE CONDITIONS ARE BINDING UPON
THEM.
COPIES OF THESE CONDITIONS ARE AVAILABLE ONLINE AT THE BCA WEBSITE (see
https://www.bca.co.uk/legal/terms-conditions) AND AT BCA AUCTION CENTRES.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO CONDITION 14 (UNROADWORTHY AND DEFECTIVE
VEHICLES) AND TO THE TIME LIMITS IMPOSED BY CONDITIONS 10, 15 AND 16. BUYERS HAVE CERTAIN
RIGHTS WHICH CAN BE EXERCISED ONLY WITHIN THOSE TIME LIMITS.
BCA SHALL BE ENTITLED TO AMEND, UPDATE OR OTHERWISE VARY THESE CONDITIONS FROM TIME TO
TIME AS IT SEES FIT.
1 DEFINITIONS AND INTERPRETATION
1.1 In these Conditions the following words and phrases shall, unless the context otherwise requires, have the
following meanings:
1.1.1 “Applicable Law” means all laws, statutes, regulations, orders and rules in each case having the force
of law that apply to the operation of these Conditions;
1.1.2 “As Is” (also referred to in the vehicle remarketing sector as “as seen”) in relation to a Vehicle sale
means that the Vehicle is sold and purchased where it is in its actual state and condition as at the Point
of Sale, including with any faults and defects affecting the vehicle (if any) and, except for that term, the
Contract for Sale shall not contain any condition, warranty or other term (whether express or implied
and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability,
fitness for purpose, satisfactory quality or roadworthiness of the Vehicle. All such conditions, warranties
and other terms are excluded in respect of any Vehicle sold “As Is” to the extent permitted by Applicable
Law. The fact that the Buyer has not had the opportunity physically to inspect the Vehicle shall not
prevent the Vehicle from being sold “As Is”;
1.1.3 “Auction” means any auction (of any format or type) of a Vehicle operated by BCA (whether physical
or online or both), including any fixed-price Vehicle sale where a Buyer may bid the required Price in
order to purchase the relevant Vehicle;
1.1.4 “Auctioneer” means BCA or any employee or agent of BCA who at the relevant time has the conduct
of an Auction;
1.1.5 “BCA” means British Car Auctions Limited (registered in England and Wales with company number:
00438886) or any other company in BCA’s Group which at the relevant time and place has the conduct
of an Auction;
1.1.6 “BCA System(s)” means the BCA Website, or any other systems, platforms or electronic means of
communication made available by BCA to Sellers and/or Buyers in connection with the sale and
purchase of the Vehicles;
1.1.7 “BCA Website” means the website located at www.bca.co.uk, or any replacement website from time to
time;
1.1.8 “Buyer” means any participant in an Auction who may bid on a Vehicle and the ultimate buyer of a
Vehicle offered for sale by a Seller following the highest bid accepted by the Auctioneer (including, in
the case of online Auctions, by or through the BCA Website) at the Point of Sale or by Private Treaty
Sale and reference to the Buyer shall, where the context so requires, include any authorised registrant
on the Buyer’s account with BCA;
1.1.9 “Buyer On-Boarding Process” means the application process which all prospective Buyers must
complete before obtaining an account with BCA and being able to bid at Auction;
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1.1.10 “Contract for Sale” means the contract for sale of a Vehicle entered into between the Seller and the
Buyer;
1.1.11 “Entry Data” means, in respect of a Vehicle, the information (whether in hard copy or electronic form)
containing details of the Vehicle, which is completed by the Seller or by BCA on the Seller’s behalf;
1.1.12 “Group” means in relation to a company its ultimate holding company and each of its ultimate holding
company’s other subsidiaries from time to time (a “holding company” and “a subsidiary” being as defined
in section 1159 of the Companies Act 2006);
1.1.13 “Point of Sale” means when the Auctioneer announces completion of sale of the Vehicle by the fall of
the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another
customary manner;
1.1.14 “Pre-Sale Vehicle Information” means, in respect of a Vehicle, the information relating to it made
available to the Buyer (whether online or otherwise) prior to the Auction in which that Vehicle is sold;
1.1.15 “Price” means, in respect of a Vehicle, the highest bid accepted by the Auctioneer for the sale of that
Vehicle or, in the case of any fixed-price Vehicle sale, the required price in order to purchase the relevant
Vehicle;
1.1.16 “Private Treaty Sale” shall have the meaning given in Condition 25.2;
1.1.17 “Reserve Price” means the minimum price that the Seller is willing to accept for the Vehicle being sold
at an Auction;
1.1.18 “Seller” means the seller or prospective seller of a Vehicle at an Auction on whose behalf the Auctioneer
is auctioning the Vehicle. Reference to the Seller shall, where the context so requires, include any
authorised registrant on the Seller’s account with BCA;
1.1.19 “Serious Accident Damage” means any previous or existing structural damage to the Vehicle so
extensive that the repair included (or should have included) a body alignment check as part of the repair
process;
1.1.20 “Total Loss” means structural or other damage to the Vehicle that results in the Vehicle being
categorised as a write-off for insurance purposes, and/or previously categorised in any context as
salvage or otherwise beyond economic repair; and
1.1.21 “Vehicle” means any kind of motor car, motor cycle or motorised caravan, every kind of commercial,
agricultural and other self-propelled vehicle, together with mechanical and electrical plant and
equipment.
1.2 Illustrations and photographs of a Vehicle published by BCA on the BCA Website or elsewhere are for
identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the colour(s)
or true state and condition of the Vehicle.
1.3 The age of a Vehicle shall be calculated by reference to the year in which the Vehicle was first registered in the
United Kingdom. Every reference in these Conditions, in any Entry Data or other document or by the Auctioneer
to “the age” of a Vehicle shall be construed accordingly. If such year cannot be determined, then the Vehicle
will be offered for sale as “date of registration unknown”.
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal
personality).
1.5 A reference to a party includes its successors and permitted assigns.
1.6 A reference to a statute or statutory provision is a reference to it as it is in force from time to time, taking account
of any amendment, extension or re-enactment and includes any subordinate legislation from time to time in
force made under it.
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1.7 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall
be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term
preceding those terms.
1.8 A reference to writing or written excludes fax but includes email unless expressly provided otherwise in these
Conditions.
1.9 Headings are for convenience only and shall not affect the interpretation of these Conditions.
1.10 Words in the singular include the plural and vice versa and reference to any gender includes all genders.
2 ACCEPTANCE OF VEHICLES BY BCA
2.1 In order for BCA to enter a Vehicle into an Auction, the Seller shall:
2.1.1 make the Vehicle available for Auction (whether through delivery to the site of the Auction, another
location notified to the Seller by BCA, or otherwise);
2.1.2 provide the Vehicle registration document (Form V5) or any substitute for that document approved in
writing by BCA (and provision of any such document to BCA by email shall be sufficient for this purpose);
2.1.3 provide any subsisting test or plating or other document relating to the Vehicle;
2.1.4 make available the keys (whether physical or digital), codes, fobs, passwords or other devices, data or
items necessary to unlock and/or operate the Vehicle; and
2.1.5 subject to Condition 4, provide to BCA the Entry Data fully completed and signed or otherwise validated
by the Seller. Where the Seller provides the Entry Data to BCA online, the Seller’s email address will
be recorded by BCA. Any and all Entry Data and other information relating to a Vehicle received by
BCA from the Seller’s recorded email address shall be deemed to be provided by or on behalf of the
Seller.
2.2 BCA may (in its absolute discretion):
2.2.1 enter a Vehicle into an Auction even where the Seller fails to comply with one or more of the Conditions
at 2.1.1 – 2.1.5; or
2.2.2 refuse to enter a Vehicle into an Auction if the Seller has failed to comply with any of the Conditions at
2.1.1 – 2.1.5.
2.3 Vehicles advertised for sale may have been used for business purposes and/or by multiple users. Previous
ownership, whilst indicative of use, is not conclusive. BCA shall not be liable to the Buyer as a result of any
Vehicle having been used by the Seller or any previous registered keeper for business purposes and/or such
Vehicle having been used by multiple users.
2.4 The Seller acknowledges that BCA may use the Seller’s details, and may share the Seller’s details, in each case
for legitimate business purposes, including (but not limited to) due diligence screening and the prevention,
detection and investigation of possible or actual crime. Such due diligence screening may include (but is not
limited to) identification checks, credit checks and sanctions screening. In addition, BCA shall have the right to
provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number
and email address of the other party to such contract.
3 SELLER’S WARRANTIES AND ENTRY DATA
3.1 In respect of each Vehicle, the Seller warrants and represents to BCA and the Buyer that, unless specifically
stated otherwise by the Seller in the Entry Data:
3.1.1 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle
free from all liens, charges, encumbrances and third party claims;
3.1.2 if BCA sells the Vehicle at the Auction or by Private Treaty Sale, such sale will conform in every respect
with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (implied terms about
title);
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3.1.3 the Vehicle bears its proper registration mark and vehicle identification number;
3.1.4 the Vehicle has not been treated by an insurance company as a Total Loss;
3.1.5 the Vehicle has not sustained Serious Accident Damage;
3.1.6 the Vehicle has not been used by the police and has not been used as a licensed hackney carriage/taxi
or private hire vehicle;
3.1.7 the Vehicle has not been re-registered or imported;
3.1.8 the Vehicle has not sustained flood damage;
3.1.9 the Vehicle has not been stolen and subsequently recovered;
3.1.10 the odometer reading is not warranted;
3.1.11 there are no known inaccuracies in relation to the Vehicle’s mileage;
3.1.12 all keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary
to unlock and/or operate the Vehicle are in full working order or are valid (as the case may be);
3.1.13 if the Vehicle carries a cherished registration plate which is to remain assigned to the Vehicle, the Seller
has the absolute right to sell the right to use that plate along with the Vehicle;
3.1.14 the Vehicle is in such a condition as will allow it to be lawfully used upon the road immediately on its
sale in an Auction; and
3.1.15 the Vehicle is to be sold without a Reserve Price.
3.2 If the Vehicle carries a cherished registration plate which is not to be sold with the Vehicle, the Seller shall
confirm that fact in the Entry Data and shall make the necessary arrangements validly to retain the plate.
3.3 The Seller further warrants and represents to BCA and the Buyer that the Entry Data is entirely accurate and
contains details of any known major mechanical faults. The Seller shall make any and all amendments or
updates to the Entry Data as necessary to ensure that the Entry Data is accurate as at the Point of Sale.
3.4 The Seller agrees that BCA may (but is not obliged to) publish before the Auction (by whatever means BCA
deems appropriate) and to announce at the Auction any information contained in the Entry Data or supplied by
the Seller, any fair summary of any such information, and any fair description of the appearance of the Vehicle.
3.5 Where a Seller offers a Vehicle for sale via online Auction in circumstances where the Vehicle is not physically
present on BCA premises, the Seller:
3.5.1 shall:
a) ensure that the person(s) in whose possession and/or control the Vehicle remains is/are aware
and understand(s) the implications of the fact that the Vehicle is being so offered for sale; and
b) not enter into a contract (“Third Party Contract”) for the sale of the Vehicle otherwise than via
the Auction whilst it is being so offered; and
3.5.2 acknowledges that, if they breach Condition 3.5.1b), they may incur legal liabilities to one or more
Buyers, BCA and any purchaser under the Third Party Contract.
4 COMPLETION OF ENTRY DATA BY BCA ON THE SELLER’S BEHALF
4.1 This Condition 4 shall apply if the Seller requests BCA to complete all or any part of the Entry Data on the
Seller’s behalf and BCA agrees to do so.
4.2 BCA may agree with the Seller that BCA will, on behalf of the Seller, complete all or part of the Seller’s Entry
Data in respect of a specified Vehicle. No such agreement shall be implied by reason only of the fact that BCA
has accepted a Vehicle into the Auction without any Entry Data or with incomplete Entry Data.
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4.3 If BCA agrees with the Seller to complete all or part of the Seller’s Entry Data in respect of a specified Vehicle
in accordance with Condition 4.2:
4.3.1 the Seller shall remain liable for the accuracy of the Entry Data unless BCA makes an error in following
the Seller’s instructions in respect of the Entry Data, in which case Condition 4.3.6 will apply;
4.3.2 unless the Seller has notified BCA in writing (including email) to the contrary (either generally or in
respect of any particular Vehicle), BCA shall complete the relevant Entry Data and the Seller shall be
deemed to give all of the warranties and representations set out in Condition 3.1 in relation to the
relevant Vehicle;
4.3.3 if the Seller cannot give any of the warranties and representations set out in Condition 3.1, the Seller
must notify BCA promptly in writing (including email) prior to BCA completing the Entry Data on behalf
of the Seller and, in any event, prior to the Vehicle being entered into the Auction. The Seller shall
indemnify BCA against all costs, liabilities, expenses, damages and losses (including but not limited to
any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties
and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses)
suffered or incurred by BCA arising out of or in connection with the Seller’s failure to notify BCA in
accordance with this Condition 4.3.3 that it cannot give any of the warranties and representations set
out in Condition 3.1;
4.3.4 the Seller may instruct BCA to enter all or any Vehicle(s) in the Auction “As Is” or may instruct BCA as
to the mechanical condition of a Vehicle, in which event BCA shall complete the Entry Data relating to
that Vehicle in accordance with such instructions. The Seller shall be responsible for the accuracy of
such instructions and shall indemnify BCA against all costs, liabilities, expenses, damages and losses
(including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation
and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional
costs and expenses) suffered or incurred by BCA arising out of or in connection with the accuracy of
such instructions;
4.3.5 where no directions or instructions have been given in respect of any particular Vehicle’s mechanical
condition, BCA may, but is not obliged to:
a) insert details of the Vehicle’s mechanical condition in the Entry Data provided that it has first
satisfied itself as to the mechanical condition of the Vehicle and as to whether it can be used
lawfully upon the road; or
b) enter the Vehicle into the Auction “As Is”; and
4.3.6 BCA shall have no liability to the Seller or to the Buyer as a result of any inaccuracy in the Entry Data
or in any publication or announcement based on the Entry Data unless and to the extent that BCA has
made an error when following the Seller’s instructions in respect of such Entry Data or announcement.
In that event, the Seller’s and the Buyer’s sole remedy against BCA shall be a contractual claim for
breach of these Conditions. Any such claim shall be subject always to the limitations on BCA’s liability
set out in Condition 10.
5 VEHICLE DOCUMENTS
5.1 If BCA accepts a Vehicle into an Auction despite the failure of the Seller to deliver to BCA either the Vehicle
registration document or a substitute for that document approved by BCA in accordance with Condition 2.1.2,
the fact that no such document has been delivered to BCA shall be disclosed in the relevant Pre-Sale Vehicle
Information and/or announced by the Auctioneer.
5.2 If BCA accepts a Vehicle into Auction and the Seller informs BCA that there are subsisting test or plating
documents relating to the Vehicle which have not been delivered by the Seller to BCA in accordance with
Condition 2.1.3, the fact that such document or documents have not been delivered shall be disclosed in the
relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
5.3 In the event of a disclosure in the relevant Pre-Sale Vehicle Information and/or an announcement by the
Auctioneer under Condition 5.1 or 5.2:
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5.3.1 neither the Seller nor BCA shall be under any obligation to procure, deliver or produce any document
to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates; and
5.3.2 if any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement
relates subsequently comes into the possession of BCA, the only obligation on BCA shall be to post it
to the Buyer at the address recorded for the Buyer on the purchase invoice for the Vehicle.
6 RESERVE PRICES
6.1 BCA may (in its absolute discretion) enter the Vehicle into the Auction without a Reserve Price if:
6.1.1 the Entry Data relating to the Vehicle does not contain a Reserve Price; and
6.1.2 in reasonable time before the relevant Auction commences, the Seller has not otherwise notified BCA
in writing of any Reserve Price (email, receipt and acceptance of which has been notified by BCA to the
Seller, shall be sufficient for this purpose).
6.2 Where the Seller specifies a Reserve Price, this shall be deemed to be inclusive of VAT (where applicable)
unless the Seller otherwise notifies BCA in writing (email, receipt and acceptance of which has been notified by
BCA to the Seller, shall be sufficient for this purpose).
6.3 The Reserve Price specified in the Entry Data may not be qualified in any way, and the Auctioneer may (in their
absolute discretion) disregard anything in the Entry Data (or any other instruction from the Seller, whether in
writing or otherwise) which purports to qualify a Reserve Price.
6.4 When a Vehicle is entered into an Auction with a Reserve Price:
6.4.1 the Vehicle will not be sold unless the highest bid meets or exceeds the Reserve Price (except if the
Seller authorises a sale during the bidding); and
6.4.2 the Auctioneer shall not be obliged to announce that Reserve Price unless they withdraw the Vehicle
because it has not reached its Reserve Price.
7 THE CONDUCT OF THE AUCTION
7.1 The Auctioneer, without giving any reasons, may refuse to accept any bid and may regulate the bidding generally
as they see fit.
7.2 A Contract for Sale between the Buyer and the Seller for the Vehicle shall be formed at the Point of Sale.
Ownership of the Vehicle shall pass in accordance with Condition 18. Risk in the Vehicle shall pass in
accordance with Condition 19.1.
7.3 If any dispute arises during the bidding or a dispute arises after the Point of Sale as to what bids were made or
by whom, such dispute shall be referred to the Auctioneer for their decision. The Auctioneer’s decision (for which
no reason need be given) shall be final, and the Auctioneer shall have absolute discretion to cancel the Contract
for Sale and to offer the Vehicle for sale either during the same Auction, or in a subsequent Auction or other
sale process.
7.4 If the Auctioneer exercises their discretion to cancel a Contract for Sale in accordance with Condition 7.3, neither
the Buyer nor the Seller shall be entitled to rely on the original Contract for Sale for any purpose whatsoever,
except that the Buyer shall be entitled to the return of any money which they may have paid in connection with
such original Contract for Sale.
7.5 The Seller may:
7.5.1 withdraw a Vehicle from the Auction at any time before the Point of Sale; or
7.5.2 bid for a Vehicle themselves up to the Reserve Price for the Vehicle.
7.6 The Auctioneer and other employees of BCA may accept written (but not oral) or online instructions to bid on
behalf of prospective Buyers but are not obliged to accept such instructions. Any such instructions which are
accepted are at the prospective Buyer’s risk.
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7.7 The Auctioneer shall have absolute discretion to withdraw a Vehicle from an Auction if in their opinion:
7.7.1 the bidding does not reach a reasonable level; or
7.7.2 there are other reasonable grounds for withdrawing the Vehicle.
7.8 The Buyer acknowledges that BCA may use the Buyer’s details, and may share the Buyer’s details, in each
case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention,
detection and investigation of possible or actual crime. Such due diligence screening may include (but is not
limited to) identification checks, credit checks and sanctions screening. In addition, BCA shall have the right to
provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number
and email address of the other party to such contract.
7.9 Save as otherwise expressly provided in these Conditions, the Auctioneer shall have absolute discretion in
relation to offering the Vehicle for sale, including in relation to:
7.9.1 the place and date of the Auction at which the Vehicle is offered for sale, including cancelling or
rescheduling the Auction at which the Vehicle is offered for sale;
7.9.2 the format and the type of the Auction at which the Vehicle is offered for sale; and
7.9.3 the manner in which the Auction is conducted.
8 “AS IS” VEHICLES
8.1 Subject only to:
8.1.1 Condition 9.2 (terms of Contract for Sale); and
8.1.2 Condition 11 (BCA Warranties),
each Vehicle shall be sold “As Is” unless specifically stated otherwise in the Entry Data and/or the Pre-Sale
Vehicle Information. The Auctioneer may, but is not obliged to, announce that a Vehicle is being sold “As Is.”
9 THE CONTRACT FOR SALE
9.1 The parties to the Contract for Sale are the Buyer and the Seller. BCA is not a party to the Contract for Sale and
is not liable for any breach of such contract by either the Buyer or the Seller.
9.2 It shall be a term of the Contract for Sale that:
9.2.1 unless otherwise disclosed in the relevant Pre-Sale Vehicle Information or indicated otherwise by the
Auctioneer, the Seller represents and warrants to the Buyer that the Vehicle:
a) has not been treated by an insurance company as a Total Loss;
b) has not sustained Serious Accident Damage;
c) has not been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
d) has not been re-registered or imported;
e) has not sustained flood damage;
f) has not been stolen and subsequently recovered;
g) is in such a condition as will allow it to be lawfully used upon the road immediately on its sale
in an Auction; and
9.2.2 unless provided otherwise in these Conditions, any description applied to the Vehicle by the Auctioneer
or disclosed in the relevant Pre-Sale Vehicle Information (subject to any qualifications or corrections to
such Pre-Sale Vehicle Information announced by the Auctioneer) shall be reasonably accurate.
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9.3 When a Vehicle is described as having no major mechanical defects, that description shall be construed as
meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering
and transmission of the Vehicle. The parties agree that, in determining the accuracy of the description “no major
mechanical defects”, the age and, if warranted by the Seller, the mileage of the Vehicle shall be taken into
account.
9.4 Other than as set out in this Condition 9 and as set out in Condition 11 (BCA Warranties), all conditions,
warranties and other terms (whether express or implied and whether implied by statute, common law, custom
or otherwise) are excluded from the Contract for Sale to the extent permitted by Applicable Law.
10 LIMITS ON LIABILITY
10.1 Nothing in these Conditions shall limit or exclude the liability or remedy of any party for:
10.1.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors;
or
10.1.2 fraud or fraudulent misrepresentation; or
10.1.3 any act, omission or matter, liability for which may not be excluded or limited under Applicable Law.
10.2 Nothing in these Conditions shall limit or exclude the liability of the Seller or remedy of any other party for breach
of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of
Goods and Services Act 1982.
10.3 Subject to Condition 10.1:
10.3.1 BCA shall not be liable to the Buyer or Seller whether in contract, tort (including negligence), breach of
statutory duty, misrepresentation, or otherwise, for:
a) loss of profits;
b) loss of sales or business;
c) loss of agreements or contracts;
d) loss of anticipated savings;
e) loss of use or corruption of software, data or information;
f) loss of or damage to goodwill;
g) pure economic loss; and/or
h) indirect or consequential loss.
10.3.2 BCA’s total liability to the Buyer and the Seller arising under or in connection with the sale and purchase
of any Vehicle, and the provision of the Auction and related services, whether arising in contract, tort
(including negligence), breach of statutory duty, misrepresentation or otherwise, shall in all
circumstances be limited to the Price paid for the Vehicle by the Buyer and shall be subject to the Buyer
and/or the Seller notifying BCA of a claim in writing (and email shall be sufficient) within the applicable
time limits specified in these Conditions, or if no such time limit is specified, within 6 months after the
date of the Contract for Sale.
10.4 The Buyer agrees and acknowledges that the exclusions of liability contained in these Conditions (whether for
the benefit of the Seller and/or BCA) are fair and reasonable.
10.5 The Seller agrees and acknowledges that the exclusions of liability contained in these Conditions are fair and
reasonable.
11 BCA WARRANTIES
11.1 In relation to each Vehicle entered into an Auction and by BCA as Auctioneer, BCA warrants to the Buyer that:
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11.1.1 the Vehicle has been accepted by BCA into the Auction in good faith;
11.1.2 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
11.1.3 if and to the extent announced by the Auctioneer or disclosed in the Pre-Sale Vehicle Information that
a Vehicle’s mileage is warranted, the Vehicle’s mileage indicated by the odometer can be considered
accurate. Otherwise, BCA gives no warranty as to the Vehicle’s mileage and the Vehicle is sold on the
basis that any indication of the Vehicle’s mileage given by the Vehicle’s odometer may be inaccurate.
If the Buyer discovers any mileage discrepancies after sale of a Vehicle without warranted mileage,
then it is the Buyer’s responsibility to investigate and resolve these, and neither BCA nor the Seller
accepts any liability in respect of any such discrepancies;
11.1.4 unless the Vehicle is sold and purchased “As Is,” the Auctioneer will announce, and/or the relevant Pre-
Sale Vehicle Information will disclose, (if applicable) that the Vehicle:
a) has been treated by an insurance company as a Total Loss;
b) has sustained Serious Accident Damage;
c) has been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
d) has been re-registered or imported;
e) has sustained flood damage;
f) has been stolen and subsequently recovered; and/or
g) is not in a condition as would allow it to be lawfully used upon the road immediately on its sale
in an Auction; and
11.1.5 unless the Vehicle is sold and purchased “As Is”, the Auctioneer will announce, or the relevant Pre-Sale
Vehicle Information will disclose, details of any major mechanical defect declared in the Entry Data.
11.2 In the event of any breach of the warranties set out in Conditions 11.1.1 to 11.1.5, the Buyer’s sole remedy
against BCA shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always
to the limitations on BCA’s liability set out in Condition 10.
11.3 Except as expressly stated in these Conditions, BCA gives or makes no undertaking, representation or warranty
with regard to any Vehicle.
12 SELLER INDEMNITY
12.1 If any undertaking, representation or warranty is found to have been given or made by BCA in good faith and
as a result of:
12.1.1 anything which BCA or the Auctioneer is authorised to publish or announce under Condition 3.4 (Entry
Data); or
12.1.2 a fair and reasonable description based on the appearance of the Vehicle;
then such undertaking, representation or warranty shall be deemed to be given or made by the Seller. The
Seller shall indemnify BCA against all costs, liabilities, expenses, damages and losses (including but not limited
to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and
legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or
incurred by BCA arising out of or in connection with any undertaking, representation or warranty given or made
by BCA on behalf of the Seller in accordance with this Condition 12.1.
13 BUYER WARRANTIES AND ACKNOWLEDGMENTS
13.1 The Buyer warrants and represents to BCA that, if it participates in any online Auction, it does so in the course
of business and not as a private consumer. Accordingly, the Consumer Contracts (Information, Cancellation
and Additional Charges) Protection Regulations 2013, the Consumer Rights Act 2015, any other consumer
protection legislation enacted from time to time, or common law relating to consumer protection, or any
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subsequent modification or re-enactment thereof, shall not apply to the sale and purchase of Vehicles pursuant
to these Conditions.
13.2 The Buyer shall, before bidding on any Vehicle at the Auction, satisfy themselves regarding the value and
condition of the Vehicle by inspecting it (if applicable) and/or making such other background checks as a
reasonable Buyer would make.
13.3 If a cherished registration plate is assigned to the Vehicle at the date of the Auction but is not to be purchased
with the Vehicle:
13.3.1 this fact will be disclosed in the Pre-Sale Vehicle Information and/or announced by the Auctioneer; and
13.3.2 the Buyer will be obliged to co-operate in the retention of the cherished registration plate by the Seller.
13.4 The Buyer warrants and represents to BCA that all information provided by them to BCA (whether as part of the
Buyer On-Boarding Process or otherwise, and including, but not limited to, proof of identity) shall be true,
accurate and complete. The Buyer shall notify BCA of any changes or updates to such information as soon as
reasonably practicable after any such change or update occurs.
13.5 BCA reserves the right to suspend or withdraw the Buyer’s account with BCA at any time and for any reason,
and without being obliged to give any reasons for any such suspension or withdrawal to the Buyer.
14 UNROADWORTHY AND DEFECTIVE VEHICLES
14.1 The Buyer agrees that if a Vehicle:
14.1.1 is in such a condition (whether by reason of its construction, the state of its brakes, steering, tyres,
lighting equipment, reflectors or other parts) that it is unroadworthy or cannot otherwise be used lawfully
on a road; and/or
14.1.2 does not have a valid Driver and Vehicle Standards Agency MOT test certificate or plating document or
any other document required by law,
then the Buyer will not use the Vehicle on any road or remove it under its own power from the place at which it
is located at the time of the Auction until it is roadworthy, can be used lawfully on the road and has all necessary
documents.
14.2 The Buyer shall, on BCA’s request, provide a written undertaking (in a form acceptable to BCA) to comply with
all duties and obligations imposed on them in respect of the Vehicle by the Road Traffic Act 1972, the Health
and Safety at Work etc. Act 1974, any subsequent modification of or re-enactment of either Act or by any other
legislation affecting the use of the Vehicle. If the Buyer fails to provide such an undertaking upon request, BCA
shall be entitled absolutely to cancel the Contract for Sale. The Vehicle shall then be offered for sale either
during the same Auction, or a subsequent Auction or other sale process.
15 RESCISSION
15.1 The Seller and the Buyer agree that, without prejudice to any other rights or remedies which the Buyer may
have against the Seller, BCA shall be entitled to, and shall accept a request made by the Buyer to, rescind a
Contract for Sale (“Rescission Request”), provided that the conditions set out at Condition 15.2 are met and
that the Buyer’s Rescission Request is based on one or more of the following grounds:
15.1.1 the Vehicle has been treated by an insurance company as a Total Loss but this fact was neither
disclosed in the Vehicle Pre-Sale Vehicle Information nor announced by the Auctioneer; or
15.1.2 the Vehicle was not sold and purchased “As Is” and:
a) the Vehicle has sustained Serious Accident Damage but this fact was neither disclosed in the
relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
b) the Vehicle was used by the police or was used as a licensed hackney carriage/taxi or private
hire Vehicle but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor
announced by the Auctioneer; or
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c) the Vehicle was re-registered or imported but this fact was neither disclosed in the relevant Pre-
Sale Vehicle Information nor announced by the Auctioneer; or
d) the Vehicle has sustained flood damage but this fact was neither disclosed in the relevant Pre-
Sale Vehicle Information nor announced by the Auctioneer; or
e) the Vehicle was stolen and recovered prior to sale at Auction but this fact was neither disclosed
in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
f) the Vehicle was not in such a condition as would allow it to be lawfully used upon the road but
this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by
the Auctioneer; or
g) the relevant Pre-Sale Vehicle Information did not disclose, or the Auctioneer did not refer to, a
major mechanical defect in the engine, the gearbox, the clutch, the brakes, the steering or the
transmission, of the Vehicle but such major mechanical defect exists; or
h) the relevant Pre-Sale Vehicle Information or the Auctioneer materially misrepresented the
mechanical condition of the engine, the gearbox, the clutch, the brakes, the steering or the
transmission, of the Vehicle; or
i) it was announced by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information
that a Vehicle’s mileage was warranted but such mileage was not reasonably accurate; or
j) the age of the Vehicle was misrepresented either in the relevant Pre-Sale Vehicle Information
or by the Auctioneer.
15.2 The conditions that must be met under Condition 15.1 for BCA to be obliged to accept a Rescission Request
are:
15.2.1 the Buyer has not made any onward sale of the Vehicle;
15.2.2 the Buyer has returned the Vehicle (if applicable) and submitted written notice of their claim to the BCA
Customer Claims Team (details of which can be found on the BCA Website) within the time specified
at Condition 15.3, time being of the essence;
15.2.3 when written notice of a claim is given under Condition 15.2.2, the Buyer is not in breach of any
obligation as to payment which has by then arisen under Condition 18 (Passing of Ownership of the
Vehicle); and
15.2.4 in the opinion of BCA, the grounds for rescission, or any of them, specified by the Buyer are substantially
correct.
15.3 The applicable time limits for any claim under this Condition 15 are as follows:
15.3.1 for claims under Conditions 15.1.1 (undisclosed Total Loss), 15.1.2a) (undisclosed Serious Accident
Damage, 15.1.2b) (undisclosed use as a police vehicle or licensed hackney carriage/taxi or private hire
Vehicle), 15.1.2c) (undisclosed re-registration or import), 15.1.2d) (undisclosed flood damage), 15.1.2e)
(undisclosed theft and recovery prior to sale) or 15.1.2f) (unroadworthy Vehicles), the Buyer must submit
notice of their Rescission Request to the BCA Customer Claims Team within forty-eight (48) hours after
delivery of the Vehicle if the delivery was made by or through BCA or within forty-eight (48) hours after
collection of the Vehicle in any other case;
15.3.2 for claims under Conditions 15.1.2g) (undisclosed major mechanical defect) or 15.1.2h) (material
misrepresentation of mechanical condition), the Buyer must submit notice of their Rescission Request
to the BCA Customer Claims Team within forty-eight (48) hours after delivery of the Vehicle if the
delivery was made by or through BCA or within forty-eight (48) hours after collection of the Vehicle in
any other case; or
15.3.3 for claims under Conditions 15.1.2i) (inaccuracy of warranted mileage) or 15.1.2j) (inaccurate age), the
Buyer must submit notice of their Rescission Request to the BCA Customer Claims Team within five (5)
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days after delivery of the Vehicle if the delivery was made by or through BCA or within five (5) days after
collection of the Vehicle in any other case,
and details of how to contact the BCA Customer Claims Team can be found on the BCA Website.
15.4 BCA shall have absolute discretion to waive all or any of the conditions set out at Condition 15.2.
15.5 BCA shall have no liability to the Seller by reason of the fact that a Contract for Sale has been rescinded pursuant
to this Condition 15, except where liability cannot be excluded by Applicable Law.
16 BCA ASSIGNED CONDITION GRADE AND/OR VEHICLE APPRAISAL REPORT
16.1 Where BCA (or a third party on BCA’s behalf) has provided a Vehicle appraisal report in respect of, and assigned
a body condition grade to, a Vehicle, then BCA shall not be liable to the Buyer or the Seller for any omission
from, or inaccuracy in the information presented in, the Vehicle appraisal report unless any such omission or
inaccuracy is of such magnitude that, had it been taken into account when assigning the condition grade to the
Vehicle, the condition grade assigned would have been inferior to that actually assigned to the Vehicle.
16.2 In that event, the Seller’s and the Buyer’s sole remedy against BCA shall be a contractual claim for breach of
these Conditions. Any such claim shall be subject always to the limitations on BCA’s liability set out in Condition
10, and BCA’s total liability for such omission from, or inaccuracy in the information presented in, the Vehicle
appraisal report shall in all circumstances be limited to the reasonable cost of rectifying the defect omitted from,
or inaccurately described in, the Vehicle appraisal report.
16.3 All claims in respect of the Vehicle appraisal report and assigned condition grade must be made in accordance
with the Customer Claims process set out on the BCA Website and must be made within twenty-four (24) hours
after delivery of the Vehicle if the delivery was made by or through BCA or at the time of collection of the Vehicle
in any other case.
16.4 Where BCA has provided a BCA Assured Scheme report, then the BCA Assured Scheme Terms and Conditions
or BCA EV Hybrid Assured Scheme Terms and Conditions (both of which are available on the BCA Website)
shall apply to such report (as applicable). Except for the items within the scope of the BCA Assured Scheme
report, the Vehicle shall be deemed sold “As Is” unless otherwise stated in the relevant Entry Data or the relevant
Pre-Sale Vehicle Information, or otherwise advised by the Auctioneer.
17 BCA CHARGES
17.1 BCA shall maintain a list of charges which is available on the BCA Website at:
17.1.1 https://www.bca.co.uk/sell/ in the case of charges applicable to Sellers; and
17.1.2 https://www.bca.co.uk/buy/Useful-Information/How-to-buy-at-auction/ in the case of charges applicable
to Buyers,
and which it may vary from time to time by publishing an updated list of charges on the BCA Website. Any
variation in the charges shall not apply to sales of Vehicles that have already been completed before the date
BCA publishes the updated list of charges on the BCA Website.
17.2 The list of charges shall include the entry fee payable, the Buyer’s fee (and reference to the Buyer’s fee includes
any additional fee for online purchases if applicable), the not sold fee, the storage/parking fees, the V5 handling
fee, the BCA Assured Scheme report fee, and the commission payable by reference to the Price, together with
any other applicable charges.
17.3 All charges payable to BCA by the Seller and the Buyer are exclusive of amounts in respect of value added tax
chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made by BCA to the Seller
or the Buyer, the Seller or the Buyer shall, on receipt of a valid VAT invoice from BCA, pay to BCA such additional
amounts in respect of VAT as are chargeable on the supply of BCA’s services or the Vehicle at the same time
as payment is due for the supply of the services or the Vehicle.
17.4 BCA may charge the Seller an entry fee when a Vehicle is entered for Auction. If, for any reason, the Vehicle
is not sold after being entered into Auction, or subsequently has to be re-sold, BCA may charge the Seller a not
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sold fee, and a further entry fee in respect of each and every subsequent occasion when the Vehicle is entered
into an Auction.
17.5 BCA may charge the commission and the Buyer’s fee:
17.5.1 at the Point of Sale, whether or not the Contract for Sale is later rescinded;
17.5.2 when the Seller is also the Buyer;
17.5.3 when the Vehicle is sold by way of Private Treaty Sale; or
17.5.4 when the Vehicle is re-sold pursuant to Conditions 22 (Re-Sale when Seller at Fault) or 23 (Default by
the Buyer).
17.6 BCA may charge the Buyer an entry fee and commission and the Buyer’s fee on any sub-sale effected by the
Buyer at the Auction premises.
17.7 The Seller shall be liable to pay to BCA upon demand any entry fee, not sold fee or fees, commission or other
sums due to BCA whether or not payment is received from the Buyer.
17.8 BCA shall be entitled to charge parking fees in accordance with Condition 19.
18 PASSING OF OWNERSHIP OF THE VEHICLE
Ownership of the Vehicle shall not pass to the Buyer, and the Contract for Sale shall not be completed, until the
Buyer has paid to BCA the Price, the Buyer’s fee, and any other applicable charges in full in cleared funds. Until
ownership passes, the Vehicle shall remain the property of the Seller, and the Seller reserves the right to dispose
of the Vehicle.
19 RISK AND PARKING FEES
19.1 At all times from the delivery of a Vehicle to BCA (whether at the Auction premises or elsewhere) until risk in the
Vehicle passes to the Buyer, or the Vehicle is removed by the Seller (including any time during which the Vehicle
is being tested or demonstrated on the Auction premises, a public highway or elsewhere), the Vehicle is at the
risk of the Seller. From the time when a Contract for Sale is formed under Condition 7.2 (and regardless of the
terms of Condition 18 (Passing of Ownership of the Vehicle)), the Vehicle is at the risk of the Buyer.
19.2 Any Vehicle which is not removed from its location at the time of Auction by close of business on the second
day after the Auction shall, from that time, incur a parking fee at the then applicable daily rate, and BCA shall
have a lien on the Vehicle in respect of any unpaid parking fees.
19.3 The Seller shall be liable for parking fees in respect of any Vehicle at the Seller’s risk and the Buyer shall be
liable for such parking fees in respect of any Vehicle at the Buyer’s risk.
20 PAYMENT BY THE BUYER
20.1 The Price and the Buyer’s fee (and any other associated fees) must be paid by the Buyer to BCA in full in cleared
funds before the Vehicle is released to the Buyer.
20.2 Details of acceptable forms of payment can be found on the BCA Website.
21 PAYMENT BY BCA TO THE SELLER
21.1 BCA shall not be obliged to pay the Seller unless and until BCA has received payment in full in cleared funds
from the Buyer.
21.2 BCA may (without notice to the Seller) deduct from, or set off against, any payment made to the Seller:
21.2.1 any unpaid claim which BCA may have against the Seller; or
21.2.2 any debt or other liability owed by the Seller to BCA (or any other company in the same Group as BCA)
whether owed under these Conditions or any other agreement between the Seller and BCA (or any
other company in the same Group as BCA),
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in each case whether present or future, actual or contingent, liquidated or unliquidated, disputed or undisputed
and whether owed jointly or severally or in any other capacity and irrespective of the currency of its
denomination. Any exercise by BCA (or any other company in the same Group as BCA) of the rights under this
Condition 21.2 shall not limit or affect any other rights or remedies available to them under these Conditions or
otherwise.
21.3 Regardless of any other provisions in these Conditions, the Seller agrees that, if BCA pays to the Seller the
Price less any deductions authorised by Condition 21.2 in circumstances where ownership of the Vehicle has
not passed to a Buyer at Auction, then the Seller’s title to the Vehicle and all the Seller’s rights arising under
and in connection with the Contract for Sale shall immediately be transferred to BCA. In such circumstances,
and promptly on BCA’s request, the Seller shall execute a legal assignment to BCA of the Seller’s title to the
Vehicle and rights arising under and in connection with the Contract for Sale as necessary to effect the transfer
of such rights and title.
21.4 If the Contract for Sale is cancelled under Condition 7 (The Conduct of Auction – cancellation of Contract for
Sale) or rescinded under Condition 15 (Rescission), BCA shall be entitled to withhold the Price from the Seller
and to refund the Price to the Buyer.
21.5 If BCA has reasonable grounds to believe:
21.5.1 that the Seller was not entitled to sell the Vehicle; or
21.5.2 that the Seller should have notified BCA in the Entry Data or otherwise that they were not the owner of
the Vehicle but failed to do so; or
21.5.3 that any facts which the Seller notified to BCA in the Entry Data or otherwise concerning the ownership
of the Vehicle were inaccurate;
then BCA shall be entitled to withhold any sum which would otherwise be payable by BCA to the Seller until the
Seller establishes (to the satisfaction of BCA) that the Seller was not in breach of any express or implied term
of the Contract for Sale and, if that is not established within a reasonable time (as determined by BCA), then
BCA shall have the right:
a) to retain any such sums until all questions of title have been resolved;
b) to pay any such sums to anyone who, to the reasonable satisfaction of BCA, establishes title to
the Vehicle; and
c) to interplead and to pay any such sums to Court.
21.6 The Seller shall indemnify BCA against all costs, liabilities, expenses, damages and losses (including but not
limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties
and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or
incurred by BCA arising out of or in connection with BCA retaining any sums in accordance with Condition 21.5.
22 RE-SALE WHEN SELLER AT FAULT
22.1 In the event that:
22.1.1 the Contract for Sale has been rescinded under Condition 15 (Rescission); or
22.1.2 the Vehicle was not sold after being entered into Auction,
BCA shall notify the Seller of that circumstance (as applicable). If the Seller has failed by the end of the next
working day following the date of BCA’s notice to instruct BCA as to the action which the Seller requires BCA to
take, then the Seller shall be deemed to have authorised BCA to enter that Vehicle into an Auction “As Is” as
soon as reasonably practicable (and timing shall be at the sole discretion of BCA). The subsequent Auction
may be at the Auction premises, online, or any other location.
22.2 For the purposes of Condition 22.1, BCA may give notice by email or verbally to the Seller, at the email address
or telephone number recorded for the Seller in the Entry Data.
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23 DEFAULT BY THE BUYER
23.1 If the Buyer has in any way failed to comply with their obligations to pay for the Vehicle (including but not limited
to the Buyer claiming a payment card charge back), BCA shall be entitled, but not obliged, to do any one or
more of the following:
23.1.1 to sue in BCA’s own name for the Price plus any applicable Auction charges;
23.1.2 without prejudice to any other rights which the Seller may have against the Buyer for breach of contract
or otherwise, immediately as agent for the Seller to treat the Contract for Sale as having been
discharged (i.e. brought to an end) by the Buyer’s breach;
23.1.3 to exercise, in BCA’s own name, all the Seller’s rights to end or avoid the Contract for Sale and/or to
recover the Vehicle from the Buyer or from anyone to whom the Buyer may have disposed of the Vehicle
and/or to claim the Price or damages from the Buyer; and
23.1.4 to re-enter the Vehicle into an Auction, or otherwise offer the Vehicle for sale,
and, in all cases, BCA shall be entitled to charge an administration fee to the Buyer in respect of BCA’s handling
of the Buyer’s default. Details of the administration fee can be found on the BCA Website.
23.2 If BCA is required to give notice to the Buyer to end, avoid or rescind the Contract for Sale, such notice shall be
deemed to be given effectively if successfully sent by email to the email address recorded for the Buyer in the
Entry Data or invoice. Successful transmission of the notice shall be deemed to have occurred provided that
BCA does not receive an automated email delivery failure notice. If the Contract for Sale is avoided on grounds
of fraud, such notice shall also be deemed to have been given effectively if BCA gives notice of the Buyer’s
fraud to the police.
23.3 If, through no fault of BCA, the Buyer fails to remove the Vehicle from its location for release after 14 days from
the date when the Buyer first became entitled to remove the Vehicle, BCA shall be entitled to re-enter the Vehicle
into an Auction or otherwise offer the Vehicle for sale.
23.4 If BCA re-enters a Vehicle into an Auction under Conditions 23.1.4 or 23.3, BCA will have absolute discretion to
sell the Vehicle on the basis of the original Entry Data or “As Is” and in either case without a Reserve Price.
23.5 BCA shall apply the Price received on any Vehicle re-entered into an Auction (“Re-Sale Price”) under Conditions
23.1.4 or 23.3 to discharge the following debts in the following order:
23.5.1 any sum due to the Seller and/or BCA under the original Contract for Sale;
23.5.2 the entry fee, commission and Buyer’s fee due to BCA on the re-sale;
23.5.3 parking fees, if any, owed to BCA; and
23.5.4 BCA’s reasonable charges incurred in connection with re-entering the Vehicle into an Auction or
otherwise offering the Vehicle for sale.
23.6 If ownership of the Vehicle has passed to the Buyer before the date of any re-sale of the Vehicle, the balance
of the Re-Sale Price, if any, shall be paid to the Buyer. The balance of the Re-Sale Price, if any, shall, otherwise,
be paid to the Seller, unless the Seller’s rights have transferred to BCA under Condition 21 (Payment by BCA
to the Seller), in which case the balance of the Re-Sale Price, if any, shall be retained by BCA. Except to the
extent that the application of the Re-Sale Price has discharged their liability, the original Buyer shall remain
liable in respect of any sum owed to BCA or to the original Seller under the original Contract for Sale or
otherwise.
24 RIGHTS RESERVED TO BCA
24.1 BCA reserves to itself the following rights, which it may exercise without any reason being given:
24.1.1 to refuse to allow any person to enter the Auction premises or participate in an Auction;
24.1.2 to refuse to allow any Vehicle to be brought onto the Auction premises or to be entered into an Auction;
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24.1.3 to require the Seller immediately to remove a Vehicle from the Auction premises and, if the Seller fails
to do so, to carry out such removal and to recover the cost of such removal as a debt due from the
Seller;
24.1.4 to allocate such lot numbers to Vehicles as BCA sees fit and, despite the lot numbers which are
allocated, to enter Vehicles into the Auction in such order and at such times as BCA sees fit;
24.1.5 to charge interest on any overdue payments owed to it by either the Seller or the Buyer at the then
applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998; and
24.1.6 to withdraw or suspend any facility made available by BCA to the Seller or the Buyer, including (but not
limited to) account-holder rights.
24.2 If, before BCA has parted with possession of a Vehicle, a claim is made against BCA arising out of, or connected
in any way with, the title of the Seller to that Vehicle or their authority to sell or authorise its sale, BCA shall be
entitled but not obliged to retain the Vehicle and/or withhold payment from the Seller pending the resolution of
such claim and/or to refund any money paid to BCA by the Buyer.
25 PRIVATE TREATY SALES
25.1 If a Vehicle fails to meet its Reserve Price, BCA shall be entitled but not obliged to inform the Seller of the
highest bid and to provide facilities and services which the Seller may utilise to make a contract for the sale of
the Vehicle to the highest bidder or to any other person interested in the Vehicle.
25.2 For the purposes of these Conditions, a “Private Treaty Sale” means:
25.2.1 any sale resulting from the provision of the above information, facilities or services; or
25.2.2 any other sale of the Vehicle which is agreed as a direct result of the Auction process but is not a sale
effected by the fall of the hammer during the Auction.
25.3 When a Private Treaty Sale occurs, BCA shall be entitled to commission, the Buyer’s fee and any other
applicable fees and, in the case of a Private Treaty Sale described at Condition 25.2.2, an additional entry fee.
25.4 A Private Treaty Sale shall be on such terms as are expressly or by implication agreed by or on behalf of the
parties to the Private Treaty Sale, which the Buyer and the Seller acknowledge shall (unless otherwise agreed)
reflect the terms offered at the Auction.
25.5 BCA is not, and shall not be deemed to be, a party to or liable upon a Private Treaty Sale and shall not incur
any liability to any party to the Private Treaty Sale by reason only of the fact that BCA has done one or more of
the following, namely:
25.5.1 transmitted information or said anything which the Auctioneer could properly have said;
25.5.2 communicated any offer or acceptance;
25.5.3 negotiated a contract without disclosing the name or address of any party;
25.5.4 agreed to reduce its charges;
25.5.5 issued an invoice;
25.5.6 supervised the payment of, or received, the purchase Price; or
25.5.7 supervised the release of a Vehicle.
25.6 Conditions 12 (Seller Indemnity), 14 (Unroadworthy and Defective Vehicles), 16 (BCA Assigned Condition
Grade and/or Vehicle Appraisal Report), 19 (Risk and Parking Fees) to 24 (Rights Reserved to BCA) (inclusive),
and 26 (Buyer’s Fee) shall apply to Private Treaty Sales with the following alterations:
25.6.1 references (however expressed) to things disclosed in the Pre-Sale Vehicle Information or said by the
Auctioneer shall be taken as references to things so disclosed or said by the Auctioneer when, prior to
the Private Treaty Sale, the Vehicle was entered into an Auction; and
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25.6.2 references (however expressed) to the Auction at which a Contract for Sale was formed shall be taken
as references to the Auction during which the Vehicle was last offered for sale.
25.7 If there is a dispute between the parties to a Private Treaty Sale, BCA shall only be obliged to provide each
party with the name and address of the other party (to the exclusion of all other information).
26 BUYER’S FEE
26.1 BCA shall charge the Buyer and the Buyer shall pay to BCA a Buyer’s fee, which will be charged on the Price,
in respect of services provided by BCA to the Buyer.
26.2 It is a condition of the Contract for Sale and the Private Treaty Sale that when the Buyer pays the Price of the
Vehicle pursuant to Condition 20 (Payment by Buyer), they shall also pay to BCA the Buyer’s fee then applicable,
details of which are available on the BCA Website.
26.3 It is a condition of the Contract for Sale or the Private Treaty Sale (as applicable) that, if the Buyer’s fee is not
paid as above, the Buyer:
26.3.1 shall not be entitled to have the Vehicle released to them;
26.3.2 shall be deemed for all purposes to have failed to pay the Price in full; and
26.3.3 shall be liable to BCA and the Seller to pay the Price in full.
27 VAT
27.1 BCA acts on behalf of a Seller as an undisclosed agent (under HMRC rules) raising a sales invoice to the Buyer
for the purchase and generating a self-billed invoice on behalf of the Seller for the sale of the Vehicle.
27.2 All Sellers who enter Vehicles for sale at Auction via BCA shall enter in to a self-billing agreement with BCA
where those Vehicles are subject to VAT. The self-billing agreement shall cover any transaction enacted
between the parties for as long as those parties continue to trade, which may (to avoid doubt) be a single
transaction.
27.3 In advance of the Vehicle being entered into the Auction, the Seller shall notify BCA of the appropriate VAT
treatment to apply against the Vehicle, using HMRC-based VAT status descriptions as follows:
27.3.1 Margin Scheme – Price does not include VAT and no VAT is to be shown separately on the invoice
relating to the Vehicle; or
27.3.2 VAT Qualifying – Price is inclusive of VAT; or
27.3.3 Commercial – Price has VAT added to it (BCA also uses the “commercial” category to describe
motorcycles where output VAT needs to be accounted for on their sale (“plus VAT”)).
27.4 The Seller shall ensure that each Vehicle is eligible to be treated under the VAT status notified to BCA. The
Seller shall check the VAT status assigned by BCA is correct at the Point of Sale and the Seller acknowledges
that BCA shall have no liability for any losses arising from or in relation to any inaccuracies in that VAT status.
The Seller shall indemnify BCA against all costs, liabilities, expenses, damages and losses (including but not
limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties
and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or
incurred by BCA arising out of or in connection with any inaccuracies in the VAT status notified to BCA by the
Seller.
27.5 BCA may (in its absolute discretion) withhold payment of the VAT amount to a Seller of VAT qualifying or
commercial Vehicles:
27.5.1 until BCA is provided with a valid UK VAT registration number by or on behalf of the Seller; and/or
27.5.2 where BCA has no self-billing agreement in place with such Seller.
27.6 HMRC rules outline technical distinctions between commercial type Vehicles and passenger cars (VAT
Qualifying where subject to VAT). The Seller and BCA shall each use reasonable endeavours to ensure the
18
correct VAT status is assigned between Commercial and VAT Qualifying Vehicles. In the event of mis-
categorisation between these two categories, the VAT status announced at the Point of Sale will prevail on the
basis that:
27.6.1 the Buyer can bid according to that status (either knowing inclusive of VAT or VAT to be added);
27.6.2 the Buyer as the tax payer is responsible for assessing if a Vehicle can be categorised as a commercial
type Vehicle for their own tax purposes, and BCA’s sale categorisation is not to be to relied upon for
this purpose;
27.6.3 the Seller can set a gross reserve against a Vehicle; and
27.6.4 HMRC does not suffer any loss of VAT revenue as both VAT statuses result in output VAT being
accounted for to HMRC.
28 SPECIAL AUCTIONS
28.1 For the purposes of this Condition 28, “Special Auction” means:
28.1.1 the Auction of a lot which is not a Vehicle; or
28.1.2 an Auction at premises which are not normally used by BCA as Auction premises; or
28.1.3 an Auction which is not open to members of the public; or
28.1.4 any section of an Auction into which a Vehicle can only be entered if either or both of the following
conditions apply:
a) the Vehicle has a likely selling Price in excess of a sum specified by BCA; and/or
b) the Vehicle, according to the Entry Data or to information otherwise provided by the Seller,
meets certain requirements specified by BCA; or
28.1.5 the Auction of one or more Vehicles to which special conditions published by BCA apply.
28.2 In the case of a Special Auction of the type described at Condition 28.1.1, these Conditions shall apply with the
following modifications:
28.2.1 the word “Vehicle” shall be replaced with the word “Lot” throughout and shall mean an item, which is
not a Vehicle, or group of items offered for sale as one unit;
28.2.2 any part of any Condition which can only apply in the case of a Vehicle shall be disregarded, but the
remainder, if any, of the Condition shall continue to have effect;
28.2.3 the Seller may specify a Reserve Price in any manner acceptable to BCA;
28.2.4 each Lot shall be sold “As Is” unless the relevant Pre-Sale Lot Information or an announcement made
by the Auctioneer states otherwise; and
28.2.5 BCA’s charges shall be a matter for negotiation, and BCA shall be entitled to charge a storage fee at
the same rate and in the same circumstances as the parking fee referred to in Condition 19 (Risk and
Parking Fees).
28.3 These Conditions shall apply to all other types of Special Auctions described at Conditions 28.1.2 to 28.1.5
(inclusive), except to the extent that they are modified by or are inconsistent with any special conditions
published by BCA with reference to the Special Auction in question.
29 GENERAL
29.1 Where Vehicles are sold or purchased, or where BCA provides any services under these Conditions, BCA may
require certain information from a Seller or Buyer (as applicable) which may include personal data (within the
meaning of the Data Protection Act 2018). Any/all personal data collected by BCA for such purposes shall be
processed by BCA in accordance with BCA’s Privacy Policy, which can be accessed on the BCA Website at
https://www.bca.co.uk/legal/privacy-policy.
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29.2 The Seller and the Buyer each agrees and undertakes to keep secure, and not share, any login details which
provide them with access to BCA’s systems and online platforms. BCA shall be entitled to treat all transactions
carried out on the Seller’s or the Buyer’s account (as applicable) as legitimate transactions of the Seller or the
Buyer (as applicable) and accordingly the Seller or the Buyer (as applicable) shall be liable to BCA and (in the
case of the Seller) to the Buyer and (in the case of the Buyer) to the Seller in respect of them.
29.3 The Seller and the Buyer agree and acknowledge that the Driver Vehicle and Licencing Agency (“DVLA”) is the
controller in respect of any personal data present on the V5 for any Vehicle. The applicable privacy notice of the
DVLA governs the processing of any such data. The terms controller, personal data and processing referenced
in this Condition 29.3 shall have the meanings given to them by the Data Protection Act 2018.
29.4 Unless there is a specific agreement in writing to the contrary between BCA and the Seller, BCA shall have no
obligation to perform a factory reset on a Vehicle’s system in case personal data (within the meaning of the Data
Protection Act 2018) remains present or to remove, or otherwise deal with, personal effects found in a Vehicle.
29.5 Use of the BCA Systems shall be subject to the applicable BCA’s terms and conditions as set out on the BCA
Website. BCA makes no promises or representations regarding the availability of any BCA System.
29.6 Any third party content included in the BCA Website or any BCA online platform (including, but not limited to,
CAP data or HPI data) is provided on an “as is” basis at the time of publication and is not vetted by BCA.
Accordingly, BCA does not accept any liability in respect of such third party content. In particular, HPI Spec
Check data is provided by CAPhpi, with all rights reserved to CAPhpi. BCA shall not be liable for any errors or
omissions in the HPI Spec Check data or for any liability or loss suffered by any person as a result of that
person’s use of such data. BCA does not warrant that any original specification equipment listed in the HPI
Spec Check for any Vehicle still remains fitted to that Vehicle.
29.7 The Seller and the Buyer each agrees that all copyright (including rights in software), trademarks, database
rights and any other intellectual property rights in the BCA Systems, or any documentation produced or compiled
by BCA in connection with the sale and purchase of the Vehicles, shall be the property of and belong to BCA
(and/or its licensors). No rights in any of BCA’s intellectual property rights (including trademarks, copyright and
logos) are granted to a Seller or a Buyer, other than such limited rights as are strictly necessary for use of the
BCA Systems, or any documentation produced or compiled by BCA in connection with the sale and purchase
of the Vehicles.
29.8 Neither the Seller nor the Buyer may copy, reproduce, republish, reverse engineer, commercially exploit or
otherwise make use of BCA’s intellectual property other than for the strict purpose of using the BCA Systems
or any documentation produced or compiled by BCA in connection with the sale and purchase of the Vehicles.
29.9 These Conditions and the other documents referred to in these Conditions set out the entire agreement between
(1) BCA and a Seller; (2) BCA and a Buyer; and (3) the Seller and the Buyer in relation to the subject-matter of
these Conditions. These Conditions supersede and extinguish all previous agreements, promises, assurances,
warranties, representations and understandings between the parties, whether written or oral, relating to the
subject matter of these Conditions. No other person except for the parties to these Conditions shall have any
right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon, or enforce, any term of
these Conditions except for Condition 21.2, which can be enforced by any company in the same Group as BCA.
29.10 If any provision or part-provision of these Conditions is, or becomes, illegal, invalid or unenforceable then that
provision or part-provision, to the extent required, shall be severed from these Conditions and will be ineffective.
All other provisions of these Conditions will remain in full force and effect with such modifications as may be
necessary to give effect to the remaining Conditions.
29.11 BCA may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other
manner with any or all of its rights and obligations under these Conditions. The Seller and Buyer shall not
assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with
their rights and obligations under these Conditions.
29.12 Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture,
employee-employer, or franchisor-franchisee relationship between BCA and either the Seller or the Buyer.
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29.13 No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall
constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that
or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the
further exercise of that or any other right or remedy.
29.14 Any notice or other communication given to a party under or in connection with these Conditions shall be in
writing and shall be:
29.14.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its
registered office (if a company) or its principal place of business (in any other case); or
29.14.2 sent by email to the applicable address specified:
a) on the BCA Website in the case of BCA;
b) on the Seller’s account record with BCA in the case of the Seller; and
c) on the Buyer’s account record with BCA in the case of the Buyer.
29.15 Any notice or communication shall be deemed to have been received:
29.15.1 if delivered by hand, at the time the notice is left at the proper address;
29.15.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second
business day after posting; or
29.15.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of
receipt, when business hours resume.
29.16 In Condition 29.15, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public
holiday in the place of receipt and business days means Monday to Friday on a day that is not a public holiday
in the place of receipt. Condition 29.14 does not apply to the service of any proceedings or other documents in
any legal action or, where applicable, any arbitration or other method of dispute resolution. A notice given under
these Conditions is not valid if sent by email, unless expressly provided to the contrary.
29.17 These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in
connection with these Conditions or their subject matter or formation of the contracts to which they apply shall
be governed by and construed in accordance with English Law. Each party irrevocably agrees that the courts
of England and Wales shall have exclusive jurisdiction to settle any dispute, disagreement or claim (including
non-contractual disputes or claims) arising out of or in connection with these Conditions, their subject matter or
formation of the contracts to which they apply.