All information supplied by you in respect of the truck (whether in obtaining an online quote, at any appointment or otherwise) must be true and accurate in all respects. If the truck is sold not as properly described, we have the right to refund the full purchasing figure. We will also charge a call-out fee if the truck is not able to be driven away on collection despite being advertised as sound. The more information you provide, the more accurate we can be with your valuation. Any images submitted MUST be recently taken photos that represent the vehicle’s current condition.
If we buy a Truck, Tractor Unit or Semi-Trailer from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Truck, Tractor Unit or Semi-Trailer;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Truck, Tractor Unit or Semi-Trailer;
(ii) other than in respect of any finance outstanding on the Truck, Tractor Unit or Semi-Trailer which you have disclosed to us, no person has any claim to the Truck, Tractor Unit or Semi-Trailer;
(iii) the mileage reading on the Truck, Tractor Unit or Semi-Trailer is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Truck, Tractor Unit or Semi-Trailer (e.g. if it has any material mechanical problems or damage);
(v) all information supplied by you in respect of the Truck, Tractor Unit or Semi-Trailer (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Truck, Tractor Unit or Semi-Trailer is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Truck, Tractor Unit or Semi-Trailer in the general course of business.
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Truck, Tractor Unit or Semi-Trailer with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Limitation of liability
11.1 Nothing in the Contract restricts our liability to you for:
– 11.1.1 death or personal injury caused by our negligence;
– 11.1.2 fraud or fraudulent misrepresentation; or
– 11.1.3 any other liability that cannot be restricted by law.
11.2 Nothing in the Contract affects your statutory rights.
11.3 Except as set out in section 11.1 and section 11.2:
– 11.3.1 all implied terms, conditions, representations and warranties are excluded from the Contract to the fullest extent permitted by law;
– 11.3.2 we are not responsible to you for any loss or damage caused by us that is not foreseeable. We are only responsible for loss or damage that you suffer that is a reasonably foreseeable result of our failure to comply with the Contract or our failure to use reasonable care and skill;
– 11.3.3 we are not liable to you for any business losses. Our Truck, Tractor Unit or Semi-Trailer buying service is for private use by consumers only. If you use our service (including the online valuation service) for any commercial or business purpose, we will have no liability to you for loss of profit, loss of business, business interruption, loss of business opportunity or contracts, or loss of goodwill;
– 11.3.4 we are not liable to you for any loss of, or damage to, data; and
– 11.3.5 our total liability to you under or in connection with the Contract (whether in contract, tort (including negligence), misrepresentation, for breach of any duty, or otherwise) is limited an amount equal to the lower of: (i) the Online Valuation; or (ii) the Final Valuation.
Events Outside Our Control
12.1 We are not in breach of the Contract, and have no liability to you, if we cannot perform any obligation under the Contract because of any event or circumstances beyond our reasonable control (for example, fire, flood, strike, riot, disease, pandemic, accident, disruption to utility suppliers or networks and systems, civil commotion, acts of terrorism or war, breakdown of equipment, bad weather, acts or omissions of third parties, and road traffic problems) (each an “Event Outside Our Control”).
12.2 If an Event Outside Our Control happens and it affects our performance of our obligations:
– 12.2.1 we will let you know as soon as we reasonably can;
– 12.2.2 our time to perform the affected obligations is extended for as long as the Event Outside Our Control continues; and
– 12.2.3 we will rearrange any affected Pickup or Drop Off dates after the Event Outside Our Control is over.
If you have a complaint about us, you can contact us as follows:
Truck Trading, 279 Didsbury Rd, Heaton Mersey, Stockport, SK4 3JH
0161 432 1477