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Selling terms and conditions

Guaranteed Part Exchange ("GPX") standard terms and conditions

Auto Trader Limited (company registration number 3909628) is incorporated and registered in England and Wales and has a registered office address at 4th Floor, 1 Tony Wilson Place, Manchester M15 4FN ("Auto Trader")

The GPX Service ("Service") allows you to request a Valuation of a Vehicle via Auto Trader’s platforms ("the Platform"), in connection with a part-exchange transaction. If you choose to subsequently sell the Vehicle to the Dealer, on the basis of the Valuation (as such may be amended in accordance with these standard terms and conditions ("Conditions")) in connection with a part-exchange transaction, there will be a legal contract between you and the Dealer in respect of the sale of the Vehicle which is outside the scope of these Conditions.

These Conditions set out the contract terms between you and Auto Trader in respect of the Valuation and will be binding on all users of the Service. However, Auto Trader is not a party to the sale of the Vehicle and accepts no liability or responsibility in respect of such transaction.

Please make sure that you carefully check your vehicle and provide accurate information about your vehicle’s history and condition. If you do not provide accurate information about your vehicle, the Valuation you receive may be reduced at the point of Inspection.

  1. DEFINITIONS
    1. In these Conditions the following terms will have the following meanings unless the context otherwise requires:
      "Assumptions"means the assumptions that Auto Trader make about the Vehicle as set out in clause 2.3, which will be taken into account (amongst other things) in generating a Valuation;
      "Condition Appraisal Form"means the online form you complete on the Platform in order to provide the details of the Vehicle to generate a Valuation;
      "Contract of Sale"means the contract between you and the Dealer for the purchase of the Vehicle in connection with a part-exchange transaction (or as otherwise agreed between you and the Dealer);
      "Dealer"means the car dealer who advertises on the Platform and has signed up to Auto Trader’s GPX product;
      "Final Valuation"means the valuation the Dealer provides to you confirming the Purchase Price in accordance with clause 5.1 subject to the findings of the Inspection;
      "Inspection"means the Dealer’s inspection of the Vehicle before the Final Valuation in accordance with clause 4.1;
      "Outstanding Finance"means, in relation to the Vehicle, any outstanding finance and/or 'logbook'loan arranged with a third party;
      "Purchase Price"means the price for the Vehicle contained in the Final Valuation;
      "Roadworthy"means that a Vehicle complies with all legislation in force from time to time to ensure that Vehicles do not cause a danger on the roads and highways (including any regulations as to brakes, steering, gears, tyres, lighting equipment or any other such matter);
      "Valuation"means the valuation that Auto Trader provides to you in accordance with clause 2 and clause 3.1 subject to the Assumptions, and the Condition Appraisal Form having been completed in accordance with these Conditions;
      "Vehicle"means your car, which you are interested in selling to the Dealer in connection with a part exchange transaction (or as otherwise agreed between you and the Dealer), which must meet the requirements in clause 3.1 and which is the subject of the Valuation, the Final Valuation and the Contract of Sale;
      "Vehicle Documentation"all sets of keys, service history documentation, MOT Certificate (if applicable), the V5/logbook showing you as the registered keeper, manuals, and any other documentation you have in relation to the Vehicle.
  2. GPX VALUATION
    1. The Service is provided free of charge and you are under no obligation to sell the Vehicle to the Dealer (including in connection with a part exchange transaction) following a Valuation.
    2. Please be aware that the vehicle that you are interested in as part of your proposed part-exchange transaction is subject to the Dealer’s availability once the Inspection has been carried out and the Purchase Price for your Vehicle has been confirmed. The Dealer is not required to reserve such vehicle for you at the point the Valuation is generated and therefore the vehicle may have been sold by the Dealer before you are able to complete your proposed part-exchange transaction. In such circumstances the Dealer will allow you to part-exchange your Vehicle for the Purchase Price in connection with an alternative vehicle or (at the Dealer’s discretion) the Dealer may offer to buy the Vehicle for the Purchase Price without a part-exchange transaction.
    3. The Valuation is based on the following Assumptions. It is your responsibility to review the Assumptions and inform Auto Trader via the Appraisal Questionnaire if any of them are incorrect:
      1. the Vehicle has not been used by the emergency services, used as a taxi, used by a driving school, used as a lease vehicle, re-registered, imported and/or registered outside of the United Kingdom;
      2. the Vehicle has not been categorised by insurers as a category S (formally category C, structurally damaged repairable) and/or category N (formally category D, non-structurally damaged repairable);
      3. the Vehicle has not sustained substantial accident damage, including damage that would, had it been assessed by an insurer, have rendered the Vehicle categorised as category C or S;
      4. the Vehicle has a minimum of three months MOT remaining; and
      5. the Vehicle has an accurate mileage reading.
    4. In order for Auto Trader to provide you with a Valuation of the Vehicle, you will need to complete the Condition Appraisal Form. You hereby confirm that the information provided by you in the Condition Appraisal Form is true, accurate and complete. The Valuation is subject to the information provided by you in the Condition Appraisal Form being true, accurate and complete, and if this isn’t the case the Valuation is subject to change at the Inspection.
    5. Once you have completed the Condition Appraisal Form you will receive an email from Auto Trader confirming the Valuation and details of how to complete the sale of the Vehicle.
    6. The Valuation is based on the Assumptions and the information provided to Auto Trader in the Condition Appraisal Form. Subject to clause 2.7 below, the Valuation is valid for 7 days.
    7. The Dealer reserves the right to change the Valuation or withdraw the Valuation either: (i) following the Inspection or vehicle history checks; (ii) if the information you provided in the Condition Appraisal Form is untrue, inaccurate or incomplete; and/or (iii) if any of the Assumptions set out in clause 2.3 are incorrect.
    8. The Valuation is provided strictly on a 'subject to contract' basis and the sale of the Vehicle to the Dealer shall only be completed at the point: (i) the Contract of Sale is entered into (following the Inspection and confirmation of Purchase Price); and (ii) a purchase contract is entered into in respect of the vehicle you are purchasing from the Dealer as part of a part-exchange transaction (where applicable).
  3. EXCLUDED VEHICLES
    1. In certain circumstances Auto Trader is unable to provide you with a Valuation. You acknowledge and accept that to be eligible for a Valuation the Vehicle must have a VRM which is registered with the DVLA and must comply with each of the following criteria (otherwise it shall be excluded from the GPX/Disposal Product):
      1. it is not a van, bike or any other non-car vehicle;
      2. it has a valuation of more than £250 and less than £50,000;
      3. it is of an age of more than 6 months and less than 15 years;
      4. it has a mileage of more than 300 and less than 100,000;
      5. it is not an electric vehicle;
      6. it does not fall within certain prestige brands and models of vehicle which we notify you are unsuitable for use in respect of the GPX/Disposal Product;
      7. it has a current, valid MOT;
      8. is Roadworthy;
      9. it has not been categorised by insurers as a category A (scrap) or category B (break);
      10. it has not sustained substantial accident damage, including damage that would, had it been assessed by an insurer, have rendered the car categorised as category A or B;
      11. it has not been stolen and recovered;
      12. it has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the car’s registration documents;
      13. any and all safety recalls applicable to the car have been dealt with in accordance with manufacturer instructions and, where required, any defect(s) fully remedied;
      14. it does not have a personalised registration number plate assigned to it that is required to be retained and, where it has personalised registration number plate, you have all rights, title and interest to sell that registration plate; and
      15. you must have been the legal owner of the car for a minimum of 3 (three) months prior.
  4. VEHICLE INSPECTION
    1. Before completing the part-exchange of the Vehicle or issuing the Final Valuation, the Dealer will check the Vehicle Documentation (which shall include confirming evidence of a service history and the presence of a working key for the Vehicle) and conduct a physical Inspection of the Vehicle in order to confirm and verify the Assumptions and the details you provided in the Condition Appraisal Form.
    2. The Valuation confirmation email that is sent to you will contain the Dealer’s contact details to enable you to arrange a date and time for the Dealer to conduct the Inspection within 7 days of the date of the Valuation at the location specified by the Dealer. The Valuation confirmation email will also confirm the date on which the Valuation is due to expire.
    3. Following the Inspection, the Dealer reserves the right to change or withdraw the Valuation only if:
      1. any of the information you provided in the Condition Appraisal Form is untrue, inaccurate or incomplete; or
      2. any of the Assumptions are incorrect.
    4. If the Dealer decides to withdraw or change the Valuation as a result of the Inspection pursuant to, and due to the reasons stated in, clause 4.3, this will usually be communicated to you in person at the site of the Inspection (or in exceptional circumstances by telephone or email following the Inspection). You are under no obligation to sell the Vehicle to the Dealer following a revised Valuation.
    5. During the Inspection, the Vehicle may undergo mechanical examination and/or test driving. You must ensure that the Vehicle has up-to-date vehicle tax, is Roadworthy and is driveable before the Dealer test drives the Vehicle.
    6. The Dealer accepts no liability for any delay or failure to conduct the Inspection if and to the extent that the delay is due to circumstances beyond the Dealer’s reasonable control.
  5. VEHICLE PURCHASE
    1. Following completion of the Vehicle Inspection, the Dealer will immediately provide you with an on-site Final Valuation, which, subject to clause 4.3, will be the same as the Valuation. For the avoidance of doubt, the Final Valuation will constitute an offer from the Dealer to purchase the Vehicle for the Purchase Price subject to the Contract of Sale and (where applicable) your purchase of a vehicle from the Dealer as a component part of a part-exchange transaction.
    2. The Final Valuation will be deemed accepted by you at the point you sign the Contract of Sale. The Contract of Sale will be entered into simultaneously with a purchase contract between you and the Dealer in respect of the vehicle you are purchasing as a component part of the part-exchange transaction (where applicable).
    3. Once you have signed the Contract of Sale, the Purchase Price will be applied towards the cost of the vehicle you are purchasing from the Dealer under a purchase contract as a component part of the part-exchange transaction, and such cost shall be reduced accordingly, subject to these Conditions.
    4. Title and risk to the Vehicle passes from you to the Dealer in accordance with the Contract of Sale. Please confirm this with the Dealer before entering into the Contract of Sale.
    5. You are under no obligation to sell the Vehicle to the Dealer following a Final Valuation. If you do not accept the Final Valuation it will be deemed to be immediately withdrawn. If you subsequently change your mind once you have left the location where the Inspection took place, you will need to resubmit your Condition Appraisal Form to generate a new Valuation and the Dealer will need to carry out another Inspection before making another Final Valuation to confirm that none of the factors specified in clause 4.3 have changed.
  6. VEHICLE HANDOVER
    1. At the time the Contract of Sale is made, you agree to provide the Dealer immediately with:
      1. the Vehicle Documentation; and
      2. any accessories that should be present with the Vehicle.
    2. You also agree to remove any personal possessions from the Vehicle and reset any devices on which personal details or information is stored. The Dealer will not be responsible for any personal items in the Vehicle once the Vehicle is in our possession.
    3. In the event that you fail to comply with any of the handover requirements set out in clause 6.1 the Dealer reserves the right to withdraw the Final Valuation.
  7. OUTSTANDING FINANCE
    1. You agree to inform the Dealer if the Vehicle is the subject of any Outstanding Finance.
    2. As part of the Final Valuation the Dealer may agree to settle any Outstanding Finance sum on the Vehicle where the Outstanding Finance sum is the same as or less than the Purchase Price. However, if the Outstanding Finance sum is more than the Purchase Price the Dealer may not wish to purchase the Vehicle and the Dealer reserves the right to withdraw any Final Valuation.
    3. If the Dealer agrees to settle any Outstanding Finance sum the Dealer is doing so entirely on your behalf and you will remain fully liable to the lender and/or finance provider (as appropriate) at all times until the Outstanding Finance sum has been paid in full and the credit agreement has been legally brought to an end. The Dealer accepts no liability whatsoever in relation to any matters relating to Outstanding Finance on any Vehicle.
    4. If the Dealer agrees to settle any Outstanding Finance sum, you must provide the Dealer with a valid settlement letter or grant the Dealer authority to discuss your finance with your provider. The Dealer shall use reasonable endeavours to settle payment by the due date advised to the Dealer (if any).
  8. LIABILITY
    1. To the extent permitted by applicable law, Auto Trader shall have no liability to you:
      1. in respect of the transaction for the sale of the Vehicle to any Dealer or the purchase of any other vehicle from the Dealer; or
      2. for (a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), (b) lost opportunity, or (c) special and consequential losses.

        In any event (subject to clause 8.3) neither the Dealer’s nor Auto Trader’s liability to you shall in any circumstances exceed the Purchase Price of the Vehicle.
    2. Neither Auto Trader nor the Dealer shall have any liability for theft or damage to a Vehicle until risk in the Vehicle has passed to the Dealer pursuant to the Contract of Sale (except where the damage is caused by the Dealer’s employees or authorised representative).
    3. Nothing in these Conditions shall limit the Auto Trader’s or the Dealer’s liability for (a) death or personal injury arising from Auto Trader’s or the Dealer’s (as applicable) negligence or fraud or (b) for fraudulent misrepresentation.
  9. GENERAL
    1. In order to provide the Service to you under these Conditions, you are required to provide certain information which may include personal data. Any/all personal data collected by Auto Trader via the Platform (for the purposes of the provision of the Service) shall be processed by Auto Trader in accordance with its privacy policy at https://www.autotrader.co.uk/privacy-policy. Any/all personal data collected by the Dealer (for the purpose of progressing the intended part-exchange transaction) shall be processed in accordance with their privacy policy (which is available on request from the Dealer).
    2. These Conditions set out the entire agreement between you and Auto Trader in respect of the provision of the Service. The Contract of Sale and any related purchase contract as a component part of a part-exchange transaction shall set out the entire agreement between you and the Dealer and contain all the terms which are agreed in relation to the sale and purchase of the respective vehicles.
    3. Auto Trader is entitled to enforce these Conditions on behalf of a Dealer in respect of your compliance with these Conditions in connection with the Service. Subject to the foregoing, no person other than you and Auto Trader Limited shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these Conditions.
    4. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, 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.
    5. Any notices and communications relating to these Conditions shall be made by mail, email or telephone.
    6. Neither party shall be entitled to assign their rights and obligations under these Conditions.
    7. These Conditions shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.