Information about Us
The Auction site is operated by, or for, Motor Bundle Limited ("We" "Us" "Our" or "Motorbundle") and is provided for use by businesses (Trade). We are a private limited company incorporated in England and Wales with company registered number 08564381 whose registered office is C/O Motorhog Limited Bentley Moor Lane, Adwick-Le-Street, Doncaster, South Yorkshire, United Kingdom, DN6 7BD.
BY ACCESSING AND USING THE AUCTION SERVICES YOU WILL AUTOMATICALLY BE TAKEN TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE AUCTION TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE AUCTION TERMS, PLEASE CEASE TO ACCESS OR USE THE AUCTION SERVICES.
We must bring to your attention that our business is orientated around selling "Bundles", a bundle is a collection of parts which have been selectively removed from a vehicle. This selection once purchased is sold to the buyer referred to as a bundle. As a trade member be aware that if this is the first occasion that you have used us or not, you are purchasing bundles with the intentions of utilising them within your own trade and to develop a profit.
You must understand that we do not consider you as a consumer of our services, simply as a trade purchaser. You need to accept that being treated as trade on occasion may narrow our obligations and liabilities in respect of the bundles we offer for sale on behalf of ourselves and of our selling partners.
These terms and conditions, and the documents referred to in them (the "Auction Terms") set out the terms on which registered users may access and use the on-line auction and related services made available on the Websites (the "Auction Services" with each auction as part of the Auction Services being referred to as an "Auction").
The domain www.motorbundle.co.uk is provided for the listing of Bundles of automotive parts (cars, LGV, HGV and motor cycle parts) for Auction, whether or not they are fit for road use.
Access and use of the Auction Services and the application of these Auction Terms depends on whether You are registered as either:
1. a user who has an arrangement with Us for Us to list bundles for sale on Your behalf; or otherwise a user who has an arrangement with Us for You to directly list Your Bundles for sale ("Vendors"); or
2. a user who can bid for the Vendor's Bundles ("Bidders").
(The Vendor and Bidders collectively being referred to as "You", "Yours" or "Registered Users").
References to "We", "Us" or "Our" refers to Motor Bundle Ltd and its partners.
The Auction Services are only available to Registered Users and accordingly these Auction Terms apply to Registered Users only. If You are selling or buying on behalf of a third party, You are deemed to be responsible for the acts and omissions of that third party to the extent that You are unable to comply with the obligations contained in these Auction Terms.
1. REGISTRATION AS A REGISTERED USER
1.1 Use of the Auction Services is subject to Your prior application and registration and Our acceptance. To request registration You must register and a new joiner registration fee applies.
1.2 Registration is available to businesses only and NOT to consumers. If you are a consumer you must not register on the Website. By registering on this Website, you represent that you are not a consumer.
1.3 We reserve the right to decline any application for registration as a Registered User for any reason (or if accepted for registration and Your circumstances change) without giving reason or notice. By registering You represent and warrant that You are providing truthful information upon which We are entitled to rely upon and that You are aged 18 years, or older, and capable of forming a legally binding contract and authorised to do so when acting on behalf of Your business or otherwise.
1.4 Access to the Auction Services is further subject to Your acceptance of, and compliance with, the provisions of the Auction Terms, and any other legal notices and/or instructions which may appear on the Website and/or within any information or materials from time to time.
1.5 You must also disclose in your application to register if You are an employee of Motor Bundle Ltd Or any of its subsidiaries. This duty to disclose continues throughout the duration of your registration with Us. Employees of Motor Bundle Ltd are not permitted to register or take part in the Auction Services.
1.6 If any of the information entered as part of the registration process becomes incorrect or is superseded, then Registered Users must notify Us with the corrected information as soon as possible, and, in any event, before concluding any transactions using the Auction Services.
1.7 If You are provided with a user ID and/or password to gain access to the Auction Services, You must treat such information as confidential, and You must not disclose it to any third party not authorised by You to conclude transactions using it. You must immediately notify Us of any unauthorised use of Your user ID and/or password. Please note that You are responsible for all activities that occur under Your password. You accept full responsibility for any damages caused to Us or any third party as a result of such disclosure (whether intentional or not).
2. OPERATION OF THE AUCTION SERVICES
2.1 We act as an introductory service to allow Vendors to offer for sale their Bundles to Bidders and for Bidders to bid for those Bundle through the Auction Services.
2.2 The contractual terms and conditions which will apply to the actual sale of the Bundle by the Vendor to the successful Bidder will be those relevant terms stipulated in these Auction Terms and/or by the Vendor's terms (whether in writing or orally) although no Registered User may vary these Auction Terms, which shall prevail.
2.3 We reserve the unilateral right to foreclose or extend any Auction or to cancel or withdraw listings or to terminate entire Auctions, where We, at Our sole discretion, believe We have reasonable cause to do so or are otherwise permitted by these Auction Terms.
2.4 We agree to use Our reasonable endeavours to process bids which are placed in respect of Bundles offered by a Vendor, but cannot guarantee that any individual bid will be successfully submitted to an Auction.
2.5 We may in Our absolute discretion:
(a) refuse or remove bids;
(b) remove from sale any Bundles in respect of which there is a dispute or which are requested to be withdrawn by the Vendor; or
(c) re-offer Bundles which fail to draw bids above the reserve set by the Vendor.
2.6 We may in Our absolute discretion change the timing of an Auction. However, where practical, We shall provide reasonable advance notice to the Vendor and Bidders of any actions We may take in accordance with this clause.
2.7 We may make certain Bundles available for inspection to a Bidder on behalf of a Vendor where the Vendor authorises Us to do so. Bidders are encouraged to inspect a Bundle prior to making a bid whenever an inspection is offered, appointments must be arranged prior to the day of sale; however, nothing in these Auction Terms places an obligation on Us or on any Vendor to facilitate or provide an inspection . We recommend that you research/inspect our Motor Bundle lots, and are satisfied before you commence bidding. Note that bundles are sold "as is" no guarantees are supplied relating to their quality, either mechanically or otherwise. Bundles may not be operational and occasionally may require repairs to be undertaken at your own cost.
2.8 The winning bid in any Auction will be the highest bid which exceeds the reserve price (the "Reserve") and meets any other express conditions of the relevant Auction (the "Winning Bid"). The Reserve may be higher than the starting bid.
2.9 If a bid made by a Bidder is followed by a higher bid by another Bidder that is later removed by Us for any reason, We may in Our sole discretion decide whether to accept the previous highest unsuccessful bid (subject to meeting the Reserve) as the Winning Bid. With this exception, all unsuccessful bids will lapse after closure of the relevant Auction.
2.10 If the Bidder places a Winning Bid, the Bidder who places the Winning Bid (a "Winning Bidder") and the Vendor shall be required under these Auction Terms to complete the transaction for the sale and purchase of the relevant Bundle.
2.11 An Auction is automatically extended beyond its original closing time if two or more Bidders place bids in the last few seconds of any Auction. Such Auction (an "Auto Extension Auction") will continue to extend for consecutive periods until no further bid has been placed.
2.12 Any Bidder may bid in an Auto Extension Auction, including a Bidder who did not bid in the original Auction.
3. BUNDLES DONOR VEHICLE CHASSIS
3.1 The chassis of any vehicle listed for Bundling is expressly excluded from any sale together with its Chassis number and Registration. The Bundles are a collection of parts removed from the chassis. The chassis must be crushed and Image evidence retained.
4. VENDOR TERMS
4.1 There are 2 types of Vendor which sell Bundles through the Auction Services: Third Party Vendors and Partner Vendors. Depending on which Vendor You are, You grant Us the following authorities to act on Your behalf as described in this clause 4.
4.2 Third Party Vendors
4.2.1 This clause 4.2 applies to Third Party Vendors only.
4.2.2 Subject to, or in addition to, any prior agreements between Us and the Third Party Vendor, the Third Party Vendor authorises Us to:
(a) collect, transport and store the Bundle until sold, by using a third party contractor network;
(b) upload information, images and materials and to provide a description of the Bundles for the Auction Services on the Website;
(c) manage any dispute in the first instance with Bidders out of or in connection with the sale of the Bundle; and
(d) use Our sole discretion to offer a full or partial refund to a Bidder in relation to a Bundle where We deem it reasonable to do so in accordance with these Auction Terms or where required to do so by law.
4.3 Third Party Vendors and Partner Vendors
4.3.1 This clause 4.3 applies to both Third party Vendors and Partner Vendors.
4.3.2 The Vendor agrees to appoint Us as its agent in relation to the sale of its Bundles.
4.3.3 For the avoidance of doubt, We exercise the rights described in this clause 4.3 on behalf of a Vendor in Our capacity as the Vendor's agent only.
4.3.4 The Vendor agrees that by listing, or allowing Us to list Bundles on the Website, it shall accept the highest successful bid made by a Winning Bidder under that listing that matches or exceeds the Reserve.
4.3.5 The Vendor acknowledges that We do not guarantee or undertake any liability or responsibility for the ability of any Bidder to pay any amounts in relation to Bundles.
4.3.6 The Vendor authorises Us to receive and hold any amounts paid by the relevant Winning Bidder in relation to the sale and purchase of Bundles until the amounts are transferred to the Vendor in accordance with clause 4.3.7.
4.3.7 We shall hold the amounts paid by Winning Bidders on the Vendors behalf until the funds are transferred into its nominated bank account. We shall transfer the amounts within 5 working days after the funds are received from the winning bidder.
4.3.8 The Vendor warrants and undertakes that, on providing Us with any information, materials, descriptions or images relating to Bundle ("Information") for the purposes of listing them on the Website:
(a) it has all necessary licences and consents to provide Us with such Information and to authorise Us to publish such Information on the Website;
(b) such Information is accurate and correct; and
(c) such Information is legal, decent, honest, truthful and not misleading.
4.3.9 The Vendor warrants and undertakes that:
(a) it has (or has authority to act on behalf of the person or entity who has) ownership to the Bundle or otherwise has the authority or permission of the person or entity with ownership to sell the Bundles using the Auction Services;
(b) the Donor Vehicles (bundles) are free from all encumbrances (including any outstanding finance or other matters which would hinder Our or the Winning Bidder's quiet possession);
(c) the Bundles are not the subject of law enforcement investigations;
(d) any duties, taxes, imports or tariffs applicable to any Bundles have been paid;
(e) it shall not seek to solicit or cause Bidders to purchase the Bundles, once listed, other than through the Auction Services (e.g. by linking to another website, providing alternative contact details or otherwise);
(f) it shall not bid in its own Auction (or instruct a third party to do so); and
(g) it shall not offer the Bundles for sale by any other means without Our express prior permission.
5. BIDDER TERMS
Whilst we try to offer reliable descriptions, Bidders acknowledge and agree that any descriptive information or advertising produced by Us or the Vendors and any information, descriptions, illustrations, materials or images contained in any listings or in any Auctions are produced for illustrative purposes only, the sole purpose of which is to give an indication of the Bundles described in them. The information, descriptions, illustrations, materials or images shall not amount to any representation or statement on which Bidders should place reliance and do not form part of a contract for the sale of Bundles . Operating within our industry, and as a trade member you must understand and agree to accept any restrictions, limitations and exclusions of our liability that we set out within our terms and conditions while you are utilising our site service. Once read and understood by you, that you accept that our terms are both fair and reasonable.
5.2 Cherished Plates
Bidders acknowledge and agree that any cherished/personalised registration numbers do not form part of, nor are they included in, any sale of a Bundle, unless expressed to the contrary.
5.3 Payment and Payment Terms
5.3.1 The Winning Bidder shall pay the Fees in accordance with the table below:
Purchases through www.motorbundle.co.uk
The Winning Bid (plus VAT, if applicable, payable to Motor Bundle Ltd)
Motor Bundles Commission:
The greater of £10.00 per Bundle + vat or 5% (excluding VAT) of the winning bid (plus VAT), additionally the dismantling fee + vat which is allocated to each specific bundle will be charged to the winning bidder.
One listing fee applies for one vehicle/motorcycle listed as up to 12 Bundles.
£5.00 + vat per day for each Bundle not collected for a period exceeding 7 working days of notification of being ready.
Payable to the Partner locally who is handling the dismantling and storage process.
5.3.2 The Winning Bidder shall make full payment of the Bundles Price, Dismantling Fee and Motor Bundles' Commission before 11:59pm on the calendar day immediately after the relevant Auction closure (or where the parties have agreed to payment by Direct Debit, within 3 calendar days after the date of the Auction closure), and in any event before the Bundle is released to the Winning Bidder. All sums payable must be paid inclusive of VAT (where VAT is applicable).
5.3.3 Time of payment of the Fees is of the essence.
5.3.4 The Bundle will only be released to a Winning Bidder following receipt as cleared funds by Us (and the Contractor, if applicable) of the full Fees in respect of that Bundle.
5.3.5 We shall not make credit terms available to, or otherwise extend credit to Bidders.
5.3.6 All Fees in relation to any Auction or the Auction Services are to be made in Pounds Sterling.
5.3.7 The price of Bundles is exclusive of amounts in respect of value added tax ("VAT"). The Winning Bidder shall, on receipt of a valid VAT invoice from the Motor Bundle Ltd, pay to Motor Bundle Ltd such additional amounts in respect of VAT as are chargeable on the supply of Bundles.
5.3.8 The Winning Bidder shall pay all Fees in full without any deduction or withholding save as required by law and the Winning Bidder shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part. We may, at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by the Bidder against any amount payable by Us to the Bidder. For the avoidance of doubt, each sale of each Bundle is a separate transaction.
5.4 Payment Options
5.4.1 When applying to register as a Registered User You will be given an option as to how You intend to make any payment to Us. If at any time You wish to change Your preference You may provide Us with notice in writing. Any change to Your preference is subject to Our prior agreement. Notwithstanding this, We reserve the right to stipulate specific payment methods from time to time.
5.4.2 The payment options are:
Bidders must contact Us to set up a Direct Debit. Setting up will usually take 3 working days from receipt of the relevant Direct Debit mandate.
CHAPS / BACS
Payment must be made to Our bank account.
BACS instructions must be submitted by 5pm on the day of Auction closure and any CHAPS instructions must be submitted by 2:30pm on the day after the day of Auction closure.
The Winning Bidder is responsible for any additional bank charges.
CREDIT CARDS/DEBIT CARDS/PAYPAL
Credit Cards and/or PayPal are not accepted. Debit cards do not have a charge for their use.
When paying by Card the address is required to be verified as matching that of the card/account holder and any subsequent deliveries of goods will be to that registered address.
We reserve the right to vary payment options.
In order to comply with clause 5.5.2, payment must be made by midnight on the day after the Auction closure.
5.5 Failure to Pay and Unclaimed Bundles
5.5.1 Where a Winning Bidder fails to make payment in accordance with clauses 5.5 and 5.6, We shall be entitled (but not obliged) to exercise any one or more of the following rights on behalf of the Vendor in respect of the relevant Bundles ("Unclaimed Bundles"):
(a) charge a late payment fee of £10 for each Bundle that is not paid for within the prescribed timescale in clause 5.3.2; and/or
(b) charge interest on the unpaid amount at the rate of 3% per annum above the Lloyds TSB Plc base rate from time to time (such interest shall accrue on a daily basis from the due date until the date of actual payment of all sums outstanding); and/or
(c) if the Winning Bidder does not make a payment within 3 calendar days after the date on which the Fees are due, We hereby reserve the right, at Our sole discretion, to:
(i) offer the Unclaimed Bundle to the next highest bidder (subject to the Reserve being met) who participated in the relevant Auction; or
(ii) re-Auction the Unclaimed Bundle on the Website.
5.5.2 In addition, We may, in Our sole discretion:
(a) charge the Winning Bidder the sum of £50 to cover Our additional administrative costs in exercising Our rights under clause 5.5.1(c); and/or
(b) suspend the Winning Bidder's access to the Auction Services until payment for the Unclaimed Bundle is received in full and any administrative charge referred to in clause 5.5.2 (a.) is paid in full; or
(c) permanently suspend or withdraw the Winning Bidder's registration on the Website and all or any associated rights it may have to access the Auction Services.
5.6 Collection and Delivery
5.6.1 We will provide the Winning Bidder the name and address of the Contractor holding the Bundle, following receipt of the amounts payable to Us in respect of any Bundle from a Winning Bidder.
5.6.2 The Winning Bidder should collect the Bundle from the Contractor within 10 calendar days after the Auction closure (including the Auction closing day). Failure to do so will result in the Winning Bidder being liable to pay storage fees as set out in clause 5.5.
5.6.3 The Winning Bidder is required to pay any Storage Fees directly to the Contractor who has stored the Bundle before the Contractor will release the Bundle. Failure to pay these Fees may lead to the Contractor denying the Winning Bidder access to the Bundle and being liable to the Contractor's further charges.
5.6.4 Winning Bidders must telephone the Contractor at least 24 hours prior to collection. The Winning Bidder or its agent must provide either a current passport or photographic driving license as proof of identification when collecting the Bundle. Alternatively a signed "Release note" will suffice.
5.6.5 The Winning Bidder agrees that it shall use suitable vehicles for the collection and transport of the Bundles; such vehicles to be roadworthy, safe and fit for purpose and comply with all relevant regulations and legislation. The Contractor is entitled to refuse to release the Bundle where it deems the Winning Bidder is not compliant with this clause.
5.6.6 If a Winning Bidder or their agent fails to comply with the requirements in this clause 5.8, We and Vendors shall not be liable to pay any amounts in respect of, or in relation to, any travel costs or Storage Fees incurred by the Winning Bidder or their agent.
5.6.7 Should a Winning Bidder wish for the Contractor to deliver any Bundle, the Winning Bidder should contact the Contractor directly. Any such arrangement for the delivery of the Bundle shall be strictly an arrangement between the Winning Bidder and the Contractor. A Winning Bidder that enters into any such arrangement shall do so at its own risk and We and Vendors shall not incur any liability whatsoever in respect of any such arrangement.
5.7 Acceptance of Bundles
5.7.1 A Winning Bidder will be deemed to have accepted the Bundle once they have won the auction.
5.7.2 A Winning Bidder is therefore encouraged to inspect the Bundle at the Contractor's premises to ensure that they conform materially to the description of the Bundle as stated in the Auction listing before removing it from the Contractor's premises or arranging for its delivery.
5.8.1 We do not give any warranties in respect of the description or quality of Bundles listed and/or sold by a Partner Vendor. As trade members purchasing parts you have no consumer protection, parts only purchases are not covered by law. Bundle sales are final, returns are not accepted. It is your own responsibility to ensure that you are totally satisfied in all respects to the bundles suitability before placing a bid. Motor Bundle has been designed and set up to be used by Motor Industry professionals, whom should already be comfortable and accustomed to the caveat emptor; buyer beware concept.
5.9 Rejection of Bundles
5.9.1 If a Winning Bidder rejects the Bundle in any circumstances, we shall be entitled to charge the Winning Bidder a cancellation charge of £50 plus VAT, to be charged to the Winning Bidder's account. Notwithstanding this right, if a Winning Bidder unreasonably rejects any Bundles more than three times in any consecutive 12 month period, We reserve the right, at Our sole discretion, to temporarily or permanently suspend such Winning Bidder's access to the Auction Services and cancel their registration and all or any associated rights.
5.10.1 Disputes with Partner Vendors
Winning Bidders should first contact the Partner Vendor in relation to any complaints or disputes where the Bundle was sold by a Partner Vendor in order to seek a resolution. Such complaints or disputes are the sole responsibility of the Partner Vendor. Where a Winning Bidder feels there has not been a satisfactory resolution, the dispute may be referred to Us. We don't undertake any liability with regards to disputes or guarantee that the dispute will be resolved or handled by Us; however, indications of a high level of user dissatisfaction with a certain Partner Vendor may lead to Us taking further action in order to protect Our Registered Users.
5.10.2 Disputes with Us
Winning Bidders should contact first Us in relation to any complaints or disputes.
6. TITLE AND RISK
6.1 The Vendor and the Winning Bidder agree that title to the Bundle shall pass to the Winning Bidder upon payment by the Winning Bidder of all sums payable to Us and the Contractor for the Bundle as set out in these Auction Terms.
6.2 The Bundle will be at the risk of the Winning Bidder on the earlier of: (i) the time from when the Bundle is removed from the Contractor's premises or if delivered, upon delivery; and (ii) 10 days after Auction closure (including Auction closure day). A Winning Bidder is therefore encouraged to collect the Bundle before risk passes to it.
6.3 We expressly reserve the right to remove or obscure (by whatever means We deem necessary) any signwriting that may be on a Bundle after the Auction has concluded but prior to that Bundle being released from the Contractor's premises.
6.4 The Vendor agrees to manage the V5 process in accordance with ABI guidelines.
6.5 The Bundle Dealer hereby agrees to comply with the ABI Code of Practice and all other laws and regulations with respect to the removal of useable parts and the destruction of Category B Vehicles, whereby once salvageable parts have been removed the shell, frame and chassis must be crushed.
6.6 The Bundle Dealer agrees that any Category B Salvage Vehicle will be dismantled at the premises detailed on their Environmental, Waste and Salvage Operator Licences. For the avoidance of doubt, this address will be in the United Kingdom and subject to all local and national regulations in force at the time.
6.7 within 7 days of the Bundle of a Category B Bundle, where a bundle is sold on behalf of a vendor, complete an Electronic Certificate of Destruction using DVLA On-Line system and e-mail a copy directly to Motor Bundle Admin containing the unique serial number of the Certificate of Destruction together with images of the body shell stripped;
6.8 provide to Us or Our designated agent access to the Category B Dealer's vehicle storage location, and provide assistance in locating any Category B Salvage Vehicles for which an acceptable Certificate of Destruction has not yet been provided for confirmation of identification;
6.9 retain the Certificate of Destruction for a period of at least 24 months after receipt and provide Us or Our designated agent access to or assistance in locating any Certificate of Destruction requested;
6.10 be responsible for the Category B Salvage Vehicle from collection up to final destruction of the vehicle structure. The vehicle structure is defined as the body shell of the vehicle, or the chassis for a vehicle with separate body and chassis.
6.11 In respect of all Bundle Donors ensure that the structure of any Category B Breaker Vehicle will be destroyed in its entirety. Under no circumstances can a clause of the vehicle structure be cut out prior to destruction other than the front flitch sections forward of the strut tops. The vehicle structure is defined as the body shell of the vehicle, or the chassis for a vehicle with separate body and chassis.
6.12 In respect of motorcycles only, cut the headstock from the frame/chassis, retain the removed headstock and VIN for a minimum period of 12 months from the Auction closure date and provide Us or Our designated agent access to and assistance in locating any headstock requested.
6.13 The Category B Dealer agrees that it shall not either:
6.14 sub-contract the dismantling of the Category B Breaking Vehicles; or
6.15 resell the Category B breaking Vehicles.
7. COMPLIANCE WITH LAW
All Registered Users agree to comply with all applicable laws, statutes and regulations concerning their use of the Auction Services and handling of Vehicles.
8. OUR LIABILITY AND YOUR RELEASE
8.1 Nothing in these Auction Terms is intended to limit or exclude Our liability to You for any death or personal injury resulting from Our negligence or for Our fraud or any other liability that cannot be excluded by operation of applicable laws.
8.2 We act as an introductory service providing a facility allowing Vendors and Bidders to come together, where Vendors list and sell their Bundles and Bidders bid and purchase those Bundles. Where we carry out any activity in relation to any Bundle or exercise any right or obligation on behalf of a Vendor, We do so in Our capacity as agents of such Vendor. We are not at any time a party to any transaction for the sale or purchase of Bundles. Accordingly, as far as is permitted by law, we have no liability (direct or indirect) whatsoever in relation to any sale of Bundles under or arising out of or in connection with the Auction Services or the Bundles sold or brought by you. In particular, we have no liability to You whatsoever in relation to:
8.2.1 the description, quality, fitness for purpose, legality or safety of any Bundle listed on Our Website or any other description, statement or characteristic upon which a Bidder may rely;
8.2.2 the accuracy or completeness of any information, description or material included in any Auction listing; or
8.2.3 the capacity of any Vendor or any Bidder to enter into any transaction arising out of or in connection with the Auction Services.
8.3 You agree to indemnify Us for any losses or liability We suffer as a result of any claim or dispute brought against Us by another Registered User or any other third party as a result of Your dispute or use of the Auction Services.
8.4 Your acceptance of these Auction Terms also acts as a general release of Us and any of Our subsidiaries (and all of Our and Our subsidiaries' officers, directors, agents and employees) from any liability for any claims, losses or damages whether direct or indirect (including loss of profits, revenue, goodwill and business opportunity) arising out of or in any way connected to Your use of the Auction Services or the Website even if that loss or damage was foreseeable by Us, or possibility of it was brought to Our prior attention.
8.5 Without prejudice to the above, Our entire liability to Vendors and Bidders under these Auction Terms (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of:
8.5.1 £500; or
8.5.2 the amount paid by You to Us in the form of commission in respect of the Bundle to which such liability relates, regardless of the cause or form of action.
9. ENTIRE AGREEMENT
The Website Use Terms and these Auction Terms, together with any document expressly referred to within its provisions including (but not limited to) the Motor Bundle Direct Sales Terms, contain the entire agreement between Us and You relating to the Auction Services and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between Us in relation to such matters or any statements made to You by any person, including (without limitation) any of Our employees or agents. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.
We may revise these Auction Terms at any time by amending this page. You will know a change has taken place if the version date has been amended from that shown above. You are expected to check this page before using the Auction Services to take notice of any changes We make, as they are binding on You.
11. EVENTS BEYOND OUR CONTROL
We will not be in breach of these Auction Terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond Our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of the terms of these Auction Terms is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these Auction Terms will not be affected.
13. APPLICABLE LAW AND JURISDICTION
Each and every transaction carried out on or as a result of the Auction Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of these Auction Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.