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Information Guide

Buyers Terms of Use

These terms of use describe the terms applicable to your use of our services available on our Website (“Terms of Use”). We strongly recommend that you also access and read the information contained in referenced pages and websites referred to in these Terms of Use, as they may contain further terms that apply to you.

By registering and using our services (Find a Part, Parts Shop and Breakers in Parts service, or by making a bid/offer for motor vehicles, motor vehicle parts and associated fittings) or by simply browsing through Motors, Breakers in Parts, Parts Shop or UK Garages, UK Scrap yards, News or Contacting UK Sellers directly or continuing to use any part of our Website applicable to you (“Services”), you accept all Terms of Use (which also include the Privacy Policy and Cookies Policy as made available on our Website) and any policies that apply to the services provided and that you agree to comply with them.

In these Terms of Use:

"We/us/our" means Motor Breaker Limited. We are a limited liability company registered in England and Wales under company number 08403953 and have our registered office at 22-26 Bank Street, Herne Bay, England, CT6 5EA.

"Website" means motorbreaker.co.uk. Link to motorbreaker.co.uk consists of this Website, through any means of access including but not limited to PCs, tablets and smart phones.

"You/your/buyer" means an individual UK citizen, user of our online services (including Find a Part / Breakers in Parts, Parts Shop, bid for motor vehicles / motor vehicle parts and associated fittings, browsing Motors, Breakers in Parts, Parts Shop, UK Garages or UK Scrap yards, News or contacting UK Sellers directly, or continuing to use any part of our Website).

These Terms of Use do not apply to our Sellers. If you are a UK based supplier of motor vehicles, motor vehicle parts and associated fittings, a UK based scrap yard, UK based garage, UK based motor trader, UK based private customer selling motor vehicles, motor vehicle parts and associated fittings, please read our Terms of Use for the Sellers where you will find definitions of different types of Sellers which definitions will apply in these Terms of Use.


About Us

We operate as a marketplace that allows Buyers to buy motor vehicles / motor vehicle parts and associated fittings by submitting requests for quotes or bids/offers to Sellers and that allows Sellers to sell motor vehicles / motor vehicle parts and associated fittings in accordance with their own terms and conditions. We are not a traditional auctioneer.

We are not a party to any arrangements reached between Buyers and Sellers and are not involved in the actual transaction between them. The contract for sale is made between Buyer and any Seller in accordance with each Seller’s terms and conditions and we shall have no responsibility in relation to (i) any dealings between Buyer and the Seller, (ii) the payments made by Buyer to the Seller, and (iii) any loss or damage that arise thereof.

We may provide some guidance for the Buyers and Sellers on our Website but such guidance is solely informational and you may decide to follow it or not.

We do not have possession of the items (motor vehicles / motor vehicle parts and associated fittings) advertised on our Website nor do we inspect any of the items sold on our Website. We cannot give any guarantee in relation to the existence, safety, legality and quality of the motor vehicles / motor vehicle parts and associated fittings or services advertised on our Website, and the ability of Sellers to sell items and / or Buyer’s ability to pay for items or that a Buyer or Seller will actually complete a transaction or return an item.

In addition to the buying and selling of the items on our Website, our Website also allows Buyers to review Sellers after engaging with them. On our Website we also provide News available to both Buyers and Sellers without requiring them to register their account with us. You agree to comply with all applicable laws, statutes and regulations regarding participation in the online marketplace and use of our Website.

All monetary amounts on our Website are in GBP (UK Pounds) unless otherwise stated in these Terms of Use. The price stated in the bid/quote includes VAT and delivery costs (Delivery costs apply only to Find a Part, Parts Shop and Breakers in parts services).


Access to Website

We shall provide our Services with reasonable care and skill in a professional and timely manner. However, we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. From time to time, we may restrict your access to some parts of our Website, or our entire Website.

We reserve the right to terminate the provision of our services or restrict your access to our Website at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.

We may make changes to these Terms of Use

Please note that we amend these Terms of Use from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. Use of the Website after changes are posted on-line constitutes acceptance of any new Terms of Use.

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our services.

Some content on our Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up to date or liability for any failure to do so.

By visiting our Website, you warrant that:

  • you have the legal capacity and are free contractually to accept these Terms of Use;
  • that you are at least 18 years old;
     

Registration

The registration process is free of charge.

To gain access to certain services on the Website (for example to the “Find a Part” “Parts Shop” service and “Breakers in Part” service) you will need to register with us and create your account. Where you wish to make a Bid for motor vehicles/motor vehicle parts and associated fittings, in addition to the registration, you may need to purchase an online subscription. For additional information on buying motor vehicles/motor vehicle parts and associated fittings please visit FAQs section.

The information and the documents you provide us with will be checked on by external third parties (such as Experian, Equifax or Stripe). As part of the registration process, you will have to fill out the online form and submit all documents as required. Where you are required to register and / or purchase a subscription you will provide us with the data and documentation we have requested from you.

All personal information supplied by you as part of the registration process will be protected in line with our Privacy Policy.

By registering an account with us, you agree, undertake, warrant and acknowledge that:

  • the information supplied with your registration to use the service and your request to purchase a subscription will be truthful, accurate and complete;
  • you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive;
  • that your accounts are not transferable;
  • where as a Buyer you act as an individual / physical person, you will not use our Website for any commercial or business purposes and that you are not acting in the course of trade or business;
  • where as a Buyer you act as a business entity, you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business

Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account.


Your Warranties

Your information provided to us or other users in the registration, subscription, requesting Quotes or purchasing process, in your review of our service, and in any public message area or through any e-mail feature and your activities on our Website shall not:

  • be false, inaccurate or misleading;
  • breach any laws and any of our policies;
  • be obscene, defamatory or libellous;
  • infringe any patent, trademark, copyright, trade secret or other intellectual property right or proprietary right of any person;
  • contain viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with or harm our Website in any way;
  • include activity such as copying, modifying or the distribution of rights or content from our Website or Website's copyrights and trademarks;
  • include the usage of any tool that interferes with the normal functioning of our Website;
  • restrict or inhibit any other user from using and benefitting from our Website;
  • create liability for us or cause us to lose (in whole or in part) the services of any of our partners or suppliers;
  • any information which could personally identify any other person, unless you are entitled to do so;
  • create problems or possible legal liabilities for us, other users (buyers or sellers), suppliers or other third parties;
  • result with the distribution of spam, chain letters, or promotion of pyramid schemes;
  • result in your impersonation of another person or entity;
  • endorse, promote or advertise any other product, goods or service and in particular that is similar to or in competition with our service
     

Find a Part, Breaker in Parts, Parts Shop service

Once you have registered your account with us, you will be able to search for motor vehicle parts and associated fittings of your choosing from the available search option and request a quote from registered UK Scrap yards. Please note that only registered UK Scrap yards will be able to receive such requests and provide you with their quotes (Quote).

In case of our “Breakers in Parts” service, you will have the option to browse through the UK Scrap yards adverts published on our Website, look for Breakers in Parts (motor vehicles that can be dismantled for parts) and request a Quote.

After you submit a request for Quote to a UK Scrap yard you cannot withdraw your request. You agree to comply with the Purchase Conditions set out in this Terms of Use. Once you have been provided with a Quote you can accept the Quote or if you decide not to accept the Quote they will expire on the UK Scrap yards chosen date.

You acknowledge that we may edit, modify or remove any parts of a request for quote which we consider are in breach of any of the provisions of the Terms of Use, and/or suspend or terminate your access to our Website without notice.

If you accept any Quotes you will engage the UK Scrap yard, enter into a contract with them and purchase the item subject to their terms and conditions which will be binding upon you. We will not have any further involvement of in the process.

In case of our Parts Shop service, you will have the option to browse through the UK Scrap yards and UK Garages adverts published on our Website, look for required motor vehicle parts and associated fittings and either purchase them directly from the seller at their quoted price or bid/make an offer.

If you purchase an item at the sellers quoted price, or if your bid/offer will be accepted by the seller, you will engage the UK Scrap yard or UK Garage, enter into a contract with them and purchase the item subject to their terms and conditions which will be binding upon you. We will not have any further involvement of in the process.

You shall make the payments directly to the UK Scrap yards or UK Garages via Stripe via our Website. Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism.

Your purchase of the item and the payment will be governed in accordance with the UK Scrap yards and UK Garages applicable terms and conditions. As we shall not be a party to any contract made between you and any UK Scrap yards or UK Garages and we shall have no responsibility in relation to (i) any dealings between you and the UK Scrap yards or UK Garages, (ii) the payments made by you to the UK Scrap yards or UK Garages, and (iii) any loss or damage that arise thereof.

You should not engage a UK Scrap yard or UK Garage that has not published their terms and conditions on our Website. We cannot assume any liability for any damage that you may incur in case where a UK Scrap yard or UK Garage has not provided their terms and conditions on our Website.

We shall not charge a fee to you where you have purchased an item from a UK Scrap yard or UK Garage, however, a fee will be charged to the UK Scrap yard or UK Garage in relation to such a sale, calculated as a percentage of the total price paid by you to the UK Scrap yard or UK Garage. For more information read here.


Purchase Conditions

When buying an item, you agree to comply with the following:

  • you enter into a legally binding contract to purchase an item when you commit to buy an item, or if your bid/offer is accepted;

  • you are responsible for making checks in relation to the Seller before you make any payment to them;

  • you are responsible to make your own investigations in relation to the suitability of the Sellers and accuracy of the data provided on them;

  • you should submit Quote requests/Bids/Offers for legitimate reasons with the intention to engage a Seller based on the terms and conditions agreed with the Seller;

  • you should not request Quotes or submit Bids/Offers that could result in an illegal or unlawful transaction;

  • it is your sole responsibility to ensure that you are free contractually to enter into a contract with the Sellers and authorised to submit Quote requests/Bids/Offers.
     

Terms and conditions for the Subscription to bid online for Motors

We have designed a bespoke service whereby we enable you to bid for Motor vehicles you wish to purchase from your registered account. Unlike our Find a Part, Breaker in Parts, Parts Shop service, this service is not free of charge. Please note that the provisions of the Terms of Use will be incorporated in these terms and conditions.

You agree to these terms and conditions when you submit your order for Subscription to bid online on our Website. You will only be able to utilise this service to bid online if you purchase a monthly subscription package on our Website (Subscription). The price of the Subscription package is quoted on our Website and is inclusive of VAT.

You agree to pay the price at the rate notified to you at the time you purchase the Subscription to bid online. We may modify the price of a package from time to time. We will notify you in advance of any increase in the price and offer you an opportunity to cancel if you do not wish to pay the new price. If we discover an error in the prices listed on the Website, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. You agree to keep your contact details provided to us with your registration up to date.

When you submit your order for a Subscription to bid online on our Website, you are making an offer to take out a subscription which if accepted by us, will result in a binding contract.

When you click "Submit Order" you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, however the contract between us is not formed at this point. A legally binding contract is formed on the date we send you confirmation of your order and payment has been taken (Commencement Date). We will try to process your Subscription promptly, but we do not guarantee that your Subscription will be activated at any specified time.

We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email.

We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by Stripe.

We reserve the right not to fulfil and to cancel orders:

  • In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
  • If we are unable to obtain payment authorisation from Stripe.

We may change the services covered under the subscription:

  • to reflect changes in relevant laws and regulatory requirements;
  • to implement minor technical adjustments and improvements to our digital content, e.g. to address a security threat.

Our Subscriptions are purchased on a monthly basis (Subscription Period) starting from the Commencement Date and this means your Subscription will automatically renew for the same Subscription Period unless you cancel the Subscription in accordance with your cancellation rights described below. Upon renewal our partner payment company Stripe will charge the current Subscription price by using the same card or other payment methods that you previously used (Collection Day).

There may be an annual inflation increase to the subscription each April in line with the RPI published in January of that same year.

Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism.

Cancellation by you

You will have the right to cancel your Subscription without any reason by providing us with 10 calendar days’ notice period prior to the next Collection Day. If you do not cancel your Subscription at least 10 calendar days’ prior to the next Collection Day, your Subscription will be extended for an additional Subscription Period and will automatically end on the last day of that extended Subscription Period. Please note that you will be charged with the full amount of the current Subscription price for that extended Subscription Period. You can give your notice to cancel by obtaining and completing a cancellation form on our Website.

Cancellation by us

We may immediately terminate the Subscription where you have breached any provisions of this Terms of Use (Access to Website, Registration, Your Warranties, Copyright and Trademarks, and Disclaimer and warranties).

If we terminate your Subscription due to any reason above you will not be entitled to any refund of the subscription price you have paid for the Subscription period in which the termination has occurred.

Your Subscription will terminate automatically, if our partner payment company Stripe is unable to collect any money due to us on the Collection Day.

These terms do not and shall not affect your statutory rights as a consumer.


Bidding Overview and Rules

Where you have successfully purchased your Subscription (as required), you will be able to submit bids/offers for motor vehicles, motor vehicle parts and associated fittings electronically in real-time via our Website to compete with other virtual bidders in accordance with the instructions published in the FAQs section. Please note that we are not an auctioneer, but a venue that enables you to make bids on motor vehicles, motor vehicle parts and associated fittings advertised by the Seller.

You accept these bidding rules once you have submitted a bid. Once submitted, your bid cannot be retracted, deleted or cancelled. You agree to comply with the Purchase Conditions set out in this Terms of Use. You acknowledge that we may edit, modify or remove any parts of your bid which we consider are in breach of any of the provisions of the Terms of Use, and/or suspend or terminate your access to our Website without notice.

The Seller shall not be obliged to accept the highest bid or sell motor vehicles, motor vehicle parts and associated fittings if they change their mind. If a Seller accepts your bid and you reach an agreement, you will enter into a contract with that Seller and purchase the item, such purchase being subject to the terms and conditions agreed with the Seller which will be binding upon you. We will not have any further involvement in the process. The price stated in the bid includes VAT.

As we shall not be a party to any contract made between you and any Seller and we shall have no responsibility in relation to (i) any dealings between you and the Seller, (ii) the payments made by you to the Sellers, and (iii) any loss or damage that arise thereof.

We shall not charge any additional fee (apart from the existing Subscription) to you where you have purchased an item from a Seller.

Where you have submitted a bid for motor vehicle to a UK Scrap yard, and that UK Scrap yard has accepted the bid you are required to pay a deposit as indicated by the UK Scrap yard via Stripe on our Website. Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism.

We shall not charge any additional fee (apart from the existing Subscription) to you where you have purchased an item from a UK Scrap yard, however, a fee will be charged to the UK Scrap yard in relation to such a sale, calculated as a percentage of the total deposit price paid by you to the UK Scrap yard. For more information please read here.


Contact the Sellers directly (Buying and selling outside of our system)

 

You will be able to contact the Sellers directly and give your offers to purchase motor vehicles, motor vehicle parts and associated fittings over the messenger application on the Website with email notifications issued to the recipient of the messages received.

In addition, you will be able to communicate directly over the phone if a Seller chooses to display their phone number as part of the advert on the Website.

In order to contact the Sellers directly and give your offers to purchase motor vehicles, motor vehicle parts and associated fittings, you will need to be registered on our Website.

Where you made an offer to a Seller, you acknowledge that they are under no obligation to make any sales. If you make any purchase outside of our system, we shall have no responsibility in relation to a contract for sale concluded between you and the Seller and payments made by you to the UK Sellers.

As we shall not be a party to any contract made between you and any Seller we shall have no responsibility in relation to (i) any dealings between you and the Seller, (ii) the payments made by you to the Seller, and (iii) any loss or damage that arise thereof.


Disclaimers and Warranties

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that:

  • the content on our site is accurate, complete or up to date.
  • the Website will be uninterrupted or error-free, or that any defects will be corrected;
  • the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.

Any information on our Website is for general guidance only and is not legal advice. You should take all due care in relying on such information, as this is done at your own risk.

Please note that our Website contains material submitted and created by third parties including Sellers. The Information on the Sellers published on our Website is provided by the Sellers themselves therefore we cannot make any assurance or representation about any Seller. We do not write or control the information provided by the Sellers themselves and we have no liability. You unconditionally release us from any claims related to items sold through the Website, including for defective items, misrepresentations by Sellers, or items that caused physical injury (like product liability claims).

Our Website will also contain News created by the authors of the news articles and Reviews created by other Buyers / online users. We cannot guarantee that such content is accurate, complete or up to date. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We exclude our liability where such materials are found to be inaccurate or illegal. We cannot be held liable for any liability arising from error and / or omission in such material(s).

You can contact other online users / Buyers through different methods of communication available on our Website. We cannot be held liable for and you release us from all liability relating to your interactions with other users.

We give no warranties, conditions, guarantees or representations, express or implied, as to:

  • the completeness or accuracy of the information published by us on our Website in relation to and / or by third parties (including UK Sellers, other Buyers / online users of our services and authors of news articles published on our Website) or any associated website;
  • the completeness or accuracy of the information contained on the Website in relation to UK Garages;
  • the completeness or accuracy of the Quote and all other information provided directly by the Sellers in their communication with you;
  • the content of the advertisements for Breakers in Parts, Motors, motor vehicle parts and associated fittings displayed on our Website. Whilst we use reasonable efforts to identify and remove fraudulent advertisements, we cannot guarantee to identify all fraudulent advertisements on the Website.
  • The condition / quality of the Breakers in Parts, Motors, motor vehicle parts and associated fittings advertised and/or sold via our Website
  • the content of the News articles published on our Website
  • the results of any search of our database;
  • the security of your payment made to the us via Stripe in the process of purchasing your Subscription;
  • the security of any payment or (including the deposit) you pay the Sellers (UK Scrap yards) via Stripe for the purchase of Motors vehicles.

We shall use reasonable effort to check the data listed on our Website in relation to UK Scrap yards and UK Garages. Because such data is provided by the UK Scrap yards and UK Garages themselves, we are not in a position to give you any kind of guarantee as to the legal ability, competence, or quality of the UK Scrap yards and UK Garages.

If you see anything suspicious or believe an advertisement to be fraudulent, please report it to us immediately so we can investigate.


Links to non-Motor Breaker sites

Where our Website contains links to other sites and resources provided by third parties, or where certain Sellers provide links to their website and upload their terms and conditions, these links or terms and conditions are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.
 

eBay

Motor Breaker Ltd. is a certified eBay Compatible Application and licensed to work directly with the eBay Platform. When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include but are not limited to the eBay Partner Network.


Links to the Website

You may establish a hypertext link to the home page of the Website, without the need for our written consent, provided there is no implied endorsement or sponsorship of you, your company or your website by us.


Reviews

You accept these rules on Review when you provide your review. After engaging a Seller through our Website, you will be given the option to complete a review of that Seller (“Review”). You are solely responsible for the content of any Review you provide on our Website and you agree to indemnify us for any breach of these rules on Review.

You warrant and represent that any Review you provide does not contain any unlawful or inappropriate content and in particular does not contain any defamatory, libellous, obscene or otherwise offensive matter; promote violence or physical harm; is not likely to harass, upset, embarrass, alarm or annoy any other person, and is not offensive, threatening, obscene, or hateful.

To the extent that all or any part of a Review contains potentially unlawful or inappropriate content, we may at our absolute discretion (i) delete it entirely or remove all or any part of a Review, and / or (ii) terminate your account and access to the services on our Website. Please note that we are not under any obligation to notify you of this decision.

By providing a Review, you unconditionally confirm that:

  • the content of the Review you have submitted is accurate;
  • your Review is created by you and it is not a copy of another user’s review;
  • the statements you make in the Review is your independent, honest, genuine opinion of a Seller that you have engaged via our Website;
  • your Review does not violate these Terms of Use and will not cause injury to any person or entity;
  • your Review will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Review;
  • your Review will also be made without any prior benefit having been made to you or the expectation of any future benefit;
  • you have no personal or commercial relationship with the Seller being reviewed.

We reserve the right without notice to edit or delete your Review where we have reason to believe it breaches any of these Terms of Use. We are not responsible if your Review is misused by third parties as this is outside of our reasonable control. We do not endorse or recommend any Reviews and you rely on the information in any Reviews at your own risk.


Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All trademarks, names and logos are the proprietary marks of Motor Breaker Limited. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these Terms of Use confer on you any licence or right under any trademarks, names or logos. We shall not be liable for failure to perform any of our obligations under these Terms of Use caused by matters beyond our reasonable control.

Unless, by exemption permitted within these Terms of Use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website (including paper or digital copies of any materials you have printed off or downloaded in any way). In particular, you must not cache any of the contents for access by third parties, nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

When you give us your information including the content of your Review, your request for Quotes and bids, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third-party platforms and media channels.

In particular, by giving us content, you grant us the right to display such content on platforms in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We also have the right to disclose your identity to any third party who is claiming that any content provided by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You will be liable to us and indemnify us for any breach of your obligations / warranties under this section. This means you will be responsible for any loss or damage we suffer as a result of your breach of terms and / or warranties.


Limitation of Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and as otherwise excluded in these Terms of use. You understand and acknowledge that in using our services you may be exposed to content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.

If you are dissatisfied with our Website, or these Terms of Use, your only remedy under the Terms of Use shall be to discontinue the use of our Website and / or our Services. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Except as expressly set out in the Terms of Use, we exclude all implied conditions, warranties, representations or other terms that may apply or may be incorporated into this Terms of Use by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in any way in connection with this Terms of Use and / or individual Terms and Conditions.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

In the event that any limitation or exclusion of liability in the Terms of Use and / or individual Terms and Conditions is not enforceable, the total aggregate liability of Motor Breaker in contract, tort (including without limitation negligence), statutory duty or otherwise, in respect of all claims arising under or in connection with these Terms of Use shall not be more than £1.

Each of the provisions of this section “Limitation of Liability” shall be construed separately and independently of the others.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.


Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms of Use, your improper use of our Services or your breach of any law or the rights of a third party.


Complaints

We are certain that you will be satisfied with the service, but if you have any concerns, you can make a complaint as set out below.

If you wish to complain about any dealing that you have with us, please contact us in one of the following manners:

  • In writing, please contact us at or registered office at 22-26 Bank Street, Herne Bay, England, CT6 5EA.
  • Via email, please use the following email This email address is being protected from spambots. You need JavaScript enabled to view it..

If you wish to complain about content uploaded by other users / buyers please email This email address is being protected from spambots. You need JavaScript enabled to view it..

Please report problems, offensive content and breaches to our email address This email address is being protected from spambots. You need JavaScript enabled to view it..

Any complaints about the Sellers should be directed to the Sellers directly. In the event that you have a dispute with a Seller, you must address such dispute directly to the Seller concerned and the Trading Standards Agency where you are dealing with a Business Seller.

In the event that you have a dispute with the Seller or any of the users / other buyers you hereby release us (and our officers, directors, agents, subsidiaries, partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are not part of the relationship or dealings or transactions you have with Sellers however you confirm to notify us of the details of the dispute to us as soon as reasonably practicable.


Abuse of our Website

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to our Services and your activities on our Website including cancelling bids, if;

  • you breach any of the provision set out in these Terms of Use under section Your Warranties;
  • if you are a Buyer acting as an individual / physical person, you use our Website for any commercial or business purposes or act in the course of trade or business;
  • if in our sole opinion such restrictions / actions will improve the security of our Website or reduce our or another user’s exposure to financial liabilities;
  • in our sole opinion such you are acting inconsistently with the letter or spirit of these Terms of Use; or
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
     

Miscellaneous

You agree that we will commence supplying our Services to you as soon as you accept these Terms of Use and provided you meet your obligations as set out in these Terms of Use.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

The Terms of Use constitute the entire agreement as to your use of and our provision of motorbreaker.co.uk and supersedes all previous arrangements, communications and representations (other than fraudulent misrepresentations) whether written or oral.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

If any of the Terms of Use are found illegal or unenforceable such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these terms and shall in no way affect the legality, validity or enforceability of the remaining terms which shall continue in full force and effect.

No failure or delay by us or you to exercise any right or remedy provided under these Terms of Use 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.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

The Terms of Use shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts, except that if as a Buyer acting as an individual / physical person you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

In the event of any comments or questions regarding the Terms of Use then please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..