Last updated: 14.3.2024
1. INTRODUCTION
1.1 Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide.
1.2 You will be deemed to have accepted these “Terms and Conditions” when you select “I have read and agreed to Terms and Conditions” and when you register to become a member (“Member”) via the website at www.copart.fi or our mobile application (where applicable and/or available) (“Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods), together with any additional services we offer within these Terms and Conditions, collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Members who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Member. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant and machinery or any parts of the same), boat, snow mobile or other goods that we offer for sale via the Website.
1.3 Regardless of whether you are a consumer or trade user of our Services, you acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You expressly acknowledge and agree that, you accept that it is fair and reasonable in all the circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the Lots we offer for sale on behalf of sellers (who on occasions may be us) as set out in these terms and conditions. However, where you are a consumer of our services and/or you enter into a contract of sale in your capacity as a consumer, your rights under the consumer protection act 38/1978 (as amended) will prevail over any inconsistent or conflicting terms set out herein.
1.4 These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot (which on occasions, may be us).
1.5 These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.
1.6 Once you become a registered Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time. We shall display a notice on the Website. Once notified member has the right to cancel the membership prior accepting the new terms and conditions by notifying us. The most current form of the Terms and Conditions may be found at www.copart.fi. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.
1.7 In addition, our “Terms of Service” and our “Privacy Policy” which may be found at www.copart.fi are expressly incorporated into these Terms and Conditions by reference.
2. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1 Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly, we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2 As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services in case of breach of contract or conduct that is inappropriate or otherwise unfair.
2.3 When you apply to become a registered Member and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.
2.4 You agree that you will act lawfully, diligently, honestly, appropriately and in good faith at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5 You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services. You may not copy lists of Lots or part of it or link Lots to a large extent without permission.
2.6 You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7 We may allow you to authorise one other individual to submit bids on your behalf (an “Authorised Bidder”). If we grant you this ability, you must tell us in advance that you wish to add an Authorised Bidder and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.
2.8 You agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.
2.9 If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.
3.2 Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3 Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.
4. MEMBERSHIP AND REGISTRATION
4.1 Where you are a consumer of our services and/or you enter into a contract of sale in your capacity as a consumer, your rights will not be weakened by this section 4 compared to the rights in consumer protection act 38/1978 (as amended).
General
4.2 Membership as a registered Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts. We reserve the right to deny membership to, and/or exclude from our premises (including any premises used by us in connection with the Services) (“Premises”) or Website, in case of breach of contract or conduct that is inappropriate or otherwise unfair. We reserve the right to suspend, revoke or amend your membership in case of breach of contract or conduct that is inappropriate or otherwise unfair.
4.3 Membership Types
- Registered Guests must register and provide first and last name, email address and phone number. Registered Guests have the possibility to submit an address and copies of current government issued photo identification or other approved identification documents as well as trade register extracts, licenses, and other required documents, if applicable, in preparation of becoming a Basic or Premier Member. Registered Guests may search inventory, save searches and add vehicles to a Watchlist, but Registered Guests may not bid on or purchase vehicles unless their membership type is upgraded to either a Basic or Premier Membership. In order to bid on a vehicle, you must be a Basic or Premier Member.
- Basic Members must register and provide copies of current government-issued photo identification or other approved identification documents as well as trade register extracts, licenses, and other required documents, if applicable. In addition, Basic Members must pay the Basic Member registration fee.
- Premier Members must register and provide copies of current government-issued photo identification or other approved identification documents as well as trade register extracts, licenses, and other required documents, if applicable. In addition, Premier Members must pay the Premier Member registration fee.
Your membership is considered active from the payment. Basic and Premier Memberships must be renewed annually by paying an annual non-refundable Member renewal fee and submitting copies of all current licenses and other documents (if applicable), and any information regarding change of ownership or address. Copart reserves the right to increase or decrease membership registration and renewal fees at any time without prior notice to Members.
4.4 If you wish to apply to become a registered Member you must (a) complete our registration form, (b) pay a non-refundable membership fee, and (c) supply all information and/or documents we require in order to confirm your identity. Details of such information and/or documents required may be found on our Website or can be obtained by contacting us. Your membership with us must be reviewed and renewed at the end of each period of membership which you have been granted by paying a further membership fee, submitting copies of all current documents/licences that we require. You are obligated to providee information regarding any changes to your details and any licences that we currently hold for you. We reserve the right to increase our membership fees at any time and we will place information regarding changes on our Website and/or at our Premises. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases.
4.5 If you apply to become a Member you hereby warrant to us that:
- You are not listed in any governmental or regulatory sanctions list;
- You have not previously been a Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;
- You do not owe us (or any of our subsidiaries) any money;\
- You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any vehicles bought through our auctions;
- You do and will comply with all applicable laws, regulations and best practice (both in Finland and any country to which you export (or travel through in order to reach a final export destination) any Lot bought at our auction).
4.6 Where we allow your guests to enter our Premises, they must be aged 16 years or older and must be accompanied by you. Guest passes may be subject to a fee as notified at our Premises or on our Website. Guests must display their pass at all times while on our Premises and abide by the site rules. Guests are not permitted to bid for Lots.
4.7 If you have purchased the membership as a consumer, you have the right to cancel the Contract of Sale under Chapter 6 of the Consumer Protection Act 38/1978 (as amended) will prevail over any inconsistent or conflicting terms set out herein.
Junk Buyers
4.8 On a case-by-case basis, and at our sole discretion where you meet certain criteria, we may grant you a ‘junk buyer’ membership (a “Junk Buyer”). Junk Buyer memberships are granted with a separate contract and no membership fee is payable in respect of such membership. Under a Junk Buyer membership, you will not be able to bid on Lots; Lots will be awarded to you by us at our discretion. We reserve the right to revoke a Junk Buyer membership at any point.
4.9 You agree to purchase all Lots we award to you and a Contract of Sale will be concluded in respect of any Lots awarded to you as a Junk Buyer at the moment we allocate such Lot to your Junk Buyer membership account. The price you will pay for a Lot allocated to you as a Junk Buyer will be agreed with you in advance. All fees set out in these Terms and Conditions remain applicable and payable by you in respect of such Lots, unless it is otherwise stated in the separate contract.
4.10 Regardless of whether a Lot is deemed to be, or sold by us, as a dismantler Lot, you agree that all Lots we award to you as a Junk Buyer must be treated by you as if it were a end of life vehicle only Lot and you therefore acknowledge and agree that Lots awarded to you as a Junk Buyer are subject to (and shall be handled by you) in accordance with the terms of clauses 9.1 to 9.8 below.
4.11 Junk Buyer membership is subject to these Terms and Conditions however, the content of clauses 4.6 to 4.10 shall prevail over any inconsistent or conflicting terms contained elsewhere herein.
5. LIABILITY
General
5.1 Copart does not guarantee the functionality of the Website and is not liable for any damage caused by using the website. Copart is not liable for any property damage that occurred on our Premises. You have the liability to limit the damage.
5.2 You are liable for all damages you have caused by you or by Authorised Bidder including but not limiting to damages, losses, expenses and legal costs.
5.3 You are responsible for all taxes and official fees, including tax increases and other punitive charges and interest on late payments, arising from your use of the Services and sales contracts entered into.
5.4 Copart shall not be liable for any indirect, incidental or consequential damages. Indirect damage means, among other things, a decrease in sales, turnover or income, damage caused by interruption or reduction of production, prevention of utilization of the object, damage caused by prevention of damage, damage caused by damage to other property or other indirect or hard-to-foresee damage.
5.5 Copart does not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered, driven or used as a means of transportation in any jurisdiction and you accept all risks associated with any variations in title or registration/usage laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.
5.6 We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any authority.
5.7 It is your sole responsibility to comply with all environmental laws, import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase and the collection and transportation of such purchase from our Premises and you agree to indemnify, keep indemnified, defend and hold us harmless in respect of any and all losses we may suffer as a result of or in connection to your non-compliance.
5.8 You are responsible for the environmental damage you have caused, and if claims are made against Copart due to the environmental damage you have caused, you commit to compensate Copart for the compensation ordered to be paid, including the costs and other losses caused by the lawsuit, as well as the damages and losses caused to Copart, including the loss of turnover and sales.
5.9 Copart shall not be liable for damages caused by a third party or, if Copart is not the Seller, by the Seller. If Copart is the Seller, the damages caused by the Seller shall be governed by the sections 5.1 – 5.8 above.
6. BIDDING OVERVIEW
6.1 There are three ways by which you can bid for Lots offered for sale through our auction (please note only Members with an ‘active’ status and meet the conditions set by Copart can place bids):
6.1.1 “Kiosk Preliminary Bidding” – Members may submit “Kiosk Preliminary Bids” through the computer terminals located in the public area at our Premises (where available). Preliminary bids may be submitted up until the point at which the Lot is in the “Preliminary Bidding Period”. Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.
6.1.2 “Internet Preliminary Bidding” – during the Preliminary Bidding Period you may log on to our Website and submit bids electronically (an “Internet Preliminary Bid”). Internet and Kiosk Preliminary Bids compete as described above. The highest preliminary bid received by us competes against Virtual Bids via BID4U during the Virtual Sale.
6.1.3 “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically (a “Virtual Bid”) in real time over the Internet to compete with the highest preliminary bid and other Virtual Bids.
6.2 You may preview the Lots we are advertising for sale at the Premises at which they are stored. Viewing of a Lot will generally be available up until 1 hour prior to the start of the auction in which a Lot is to be offered for sale but this will depend on the individual Premises’ viewing hours, which will vary by location and may be by appointment only. We recommend you contact the individual Premises well in advance of an auction to arrange a viewing.
6.3 We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a preliminary bid representing the maximum price you are willing to pay for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said you are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, you will be notified.
6.4 Increment bidding is an option available to you during the Preliminary Bidding Period, that authorises us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid 15 000€. The Virtual Bid is currently at 15 000€ (a tie with your bid). Because you selected the increment bid box, your preliminary bid is incremented to 15 100€. The Lot sells to you at no more than 15 100€ or to the Member that placed the Virtual Bid for 15 200€ or more.)
6.5 Once you have submitted a bid, it cannot be retracted, deleted or cancelled.
6.6 Virtual Bids prevail over Internet and Kiosk Preliminary Bids of an equal amount.
6.7 Each instruction, transmission, display and receipt in relation to Kiosk Preliminary Bidding, Internet Preliminary Bidding and/or Virtual Bidding shall be deemed to have been carried out in Finland.
6.8 Any reserve price listed or any bid placed on a Lot will be inclusive of any VAT payable, unless otherwise stated.
7. SALES POLICIES AND RIGHT TO RETURN
General
7.1 Lots offered for sale through our auction will be in one of three categories: condition subsequent sales “On Approval Sales” (seller reserves the right to approve the highest bid), subject to a reserve price “On reserve” (seller has placed a reserve price) and sales not in the above two categories “No Reserve” (the lot will be awarded to the highest bidder). We may also offer for sale some Lots outside of our usual auction on a “Buy It Now” or “Make An Offer” basis.
7.2 We hereby limit our liability to you as described in these Terms and Conditions.
7.3 When participating in our auction, a bid you place will represent (i) your offer to purchase the relevant Lot at the advertised price and (ii) your acceptance of all payment liability associated with such Lot and will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to No Reserve Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid.
7.4 When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you and a Contract of Sale will be concluded at this point.
7.5 When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send the Offer Acceptance E-mail to you and a Contract of Sale will be concluded at this point.
7.6 We will not be held liable if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance Email does not reach its intended destination or is delayed.
7.7 All Contracts of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the Seller of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
7.8 Without giving any reason and in our absolute discretion we may refuse to accept any offer or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being advertised for sale at any time before any Contract of Sale is concluded.
7.9 In the event of a dispute between the parties, the parties primarily try to resolve the matter through negotiation.
7.10 You are in any case legally obliged to buy the Auction item that has the highest bid placed by you. Ownership of the auction item is transferred when the buyer has paid the purchase price in full and fulfilled other obligations.
7.11 Responsibility for the risk of a Lot is transferred from collection or delivery of the lot to the buyer. If the Auction Item is damaged or destroyed before the risk is passed to the buyer, Copart's liability is limited to refunding the purchase price, except for situations where the Auction Item has been destroyed, lost, deteriorated or diminished by you or your negligence.
Right to Return – Distance Selling
7.12 Notwithstanding anything within these Terms and Conditions to the contrary, where you have entered into the Contract of Sale in your capacity as a consumer and you purchase a Lot, a product or a service through our Website, you have the right to cancel the Contract of Sale under Chapter 6 of the Consumer Protection Act 38/1978 (as amended). In order to exercise this right, you must (i) inform us that you wish to cancel the Contract of Sale preferably by completing the cancellation form attached to these Terms and Conditions at Appendix 1 and serving it upon us (in accordance with clause 12.6 below) within 14 calendar days from your collection/our delivery of the Lot using one of the methods set out on the form itself (your “Notification”) and (ii) return such Lot, product or service covered by the Contract of Sale to us in accordance with clause 7.13 below within 14 days of deemed service your Notification. Please note that your right to cancel the Contract of Sale and/or obtain a full refund in this instance may be lost if you return or seek to return a Lot, product or service to us in a lesser condition than it was in at the time of your collection/our delivery. If the lot, product or service is returned in a worse condition than it was when we picked up/delivered the item, the possible profit from use and the value of the damage caused will be deducted from the return of the purchase price.
7.13 You acknowledge and agree that where you exercise your right to return under clause 7.12 above, you shall be solely liable for the cost of returning a Lot, product or service to the Premises from which it was stored when purchased by you.
Rectification of Issues – Consumer Only
7.14 Where you have entered into a Contract of Sale in your capacity as a consumer and subsequently notify us that you believe there is a defect in the Lot, we will carry out our own investigation into the alleged defect(s). Where we carry out such investigation and it is determined that no defect exists, you agree that you will reimburse us for the reasonable costs we have incurred in carrying out such investigation, but solely where we have advised you of such costs in advance. To the extent that you use our services as a consumer and/or enter into a contract of sale as a consumer, your status will in no circumstances deteriorate under this Chapter 7 from what it is under the Consumer Protection Act (Chapter 5).Section 10, Article 38/1978, as amended).
7.15 Where a defect is present for which we have accepted liability, you must give us the opportunity to repair the defect. If we decide not to or are unable to repair the defect, we may offer you (at our discretion) a reduction in the price you paid for the Lot or you may, in certain circumstances, have the right to cancel the Contract of Sale altogether.
7.16 Whilst we hope that we are able to reach an amicable settlement with you of any complaint you may have, you do have the right to refer a dispute to the Consumer Advisory Service and/or the Consumer Disputes Board and we have provided some useful contact details for you below where you can find more information. We do however recommend that you refer any such complaint to the Consumer Advisory Service prior to contacting the Consumer Disputes Board, as the Consumer Disputes Board may decline to consider the matter if you have not contacted the Consumer Advisory Service first.
Consumer Advisory Service: www.kkv.fi
Consumer Disputes Board: www.kuluttajariita.fi
7.17 This agreement is governed by Finnish law. Disputes arising from this contract will be resolved in the first instance in the Helsinki district court. In contracts covered by the Consumer Protection Act, disputes are resolved in the district court of the consumer's domicile, and in cases covered by the Consumer Protection Act, the consumer always has the right to file a lawsuit in the district court of his domicile.
8. DISCLAIMERS
8.1 Where you are a consumer of our services and/or you enter into a contract of sale in your capacity as a consumer, under no circumstances will the remainder of this clause 8 affect your statutory rights under the consumer protection act 38/1978 (as amended).
8.2 you acknowledge and agree that the lots we offer for sale:
“A Lot” is typically a used vehicle and may have sustained accident-damage, may not be in a roadworthy condition. A Lot is not equivalent to new in terms of quantity, quality, durability and other characteristics. In addition, the nature of the goods and the information provided by the seller when marketing the goods or otherwise before the conclusion of the sale must be taken into account. For more information, see section 8.
a) are used and may have sustained accident-damage, may have been deregistered from traffic use as damaged and/or have subsequently been recovered after being stolen; and
b) therefore may not be (i) in a roadworthy condition, (ii) fit for purpose as a means of transportation or for any other purpose, (iii) mechanically sound or (iv) have been maintained at any level of quality, and may require substantial repair at your expense and
c) the damage may be much more extensive than the damage visible on the surface.
8.3 All lots we offer for sale are sold are sales without warranty. We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding lots whether provided in written, verbal or digital image form (“lot information”). Lot information is provided for convenience only. You agree that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, drivability, accessories, odometer readings, repair history, service history and country of use history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the lot during any pre-purchase inspection. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements or are able or permitted to be repaired. In the case of electric or hybrid electric vehicles we make no representation nor offer any warranty that the batteries are included (or the right to use the batteries) within the sale. You may not acquire ownership or the right to use relevant battery packs and you should satisfy yourself of this prior to bidding. It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lots we offer for sale and any and all lot information prior to deciding whether and how much you wish to bid on any lot. Each lot is available for your inspection prior to auction and we require and assume that you have made such inspection prior to placing your bid. Details of the premises at which a lot may be inspected are included on each advert. Please refer to clause 6.2 above for more details.
8.4 You agree that all lots are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever or that they may be repaired. The lots may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense in order to satisfy any mandatory inspection required before a lot can legally be returned to the road. The lots may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any lot we offer for sale. You acknowledge and agree that (i) except chapter 15 which will apply in respect of purchases made by a consumer, the sale of goods act 355/1987 (as amended) (“sga”) shall not apply to any purchases you make via the website and (ii) we have excluded our liability in respect of terms that would otherwise have been implied into the contract of sale under the sale of goods act 355/1987 (as amended) sga to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
8.5 Copart's liability for any defect is limited only to a price reduction or, if the defect is material, to the cancellation of the sale. In non-consumer sales lots are sold as is where is sales.
9. DISMANTLER ONLY AND CONDITIONAL REPAIR LOTS
Criteria for purchase of dismantler only lots
9.1 If you wish to buy dismantler only Lots (a “Dismantler lot”) you must meet certain criteria and provide us with various documents (as set out on our Website) (the “Criteria and Documents”) before we will allow you to bid on a Dismantler lot in our auctions. We may also request evidence that you meet and have in place the Criteria and Documents as applicable and being valid at any time thereafter and you agree to provide the same immediately upon our request. You acknowledge that we have the right to revoke your ability to purchase Dismantler lots if you fail to provide such evidence at the time of our request.
9.2 Prior to us releasing a Dismantler lot to you (and at any time thereafter immediately upon our request), you must provide us with all necessary details and documentation required by us in relation to your purchase of a Dismantler lot to enable us to (i) discharge our legal duty of care under environmental legislation and (ii) comply with any other obligations or requirements we are subject to, that are applicable to us or that we choose to comply with. If you, or anyone else on your behalf, intends to transport any Dismantler lot away from our Premises you must provide a valid Waste Carrier’s Licence covering the transportation of the Dismantler by you or such third party.
9.3 Dismantler lots are sold on the basis that all usable parts will be removed and the bodyshell/frame/chassis (“Bodyshell”) of the Dismantler lot will be crushed/irrevocably destroyed within Finland. The Bodyshell of a Dismantler lot must never be exported from Finland however, any usable parts may be exported after having been removed from the Bodyshell. You must issue/obtain a Certificate of Destruction in respect of each Dismantler lot you have purchased from us, within 30 days of it leaving our Premises. You will also provide us with a copy of each such Certificate of Destruction upon demand.
9.4 If on demand you fail to provide the relevant Certificate of Destruction or waste transfer documentation, issued within 30 days of a Dismantler lot leaving our Premises, then we reserve the right to suspend your account and/or impose a lifetime ban on you from our Services. We also reserve the right to apply an administration fee to your account in respect of the additional administration involved in dealing with your account. Further we reserve the right to cancel the Contract of Sale and repossess the Dismantler lot to ensure it is not handled/used in contravention of these Terms and Conditions.
9.5 You must give us reasonable access to your premises (or any other premises where any Dismantler lot purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Dismantler lot you have purchased through us in compliance with these Terms and Conditions. At the time of such audit you shall provide us with evidence that you meet and have in place the Criteria and Documents (as applicable and valid at the time of audit and at the time of any relevant purchases) and all Certificates of Destruction we request which you have raised in relation to any Dismantler lot you have purchased through us.
Dismantler Only Lots - General
9.6 The Bodyshell of a Dismantler lot must never leave Finland and must, categorically, never be returned to the public road in Finland or, for the avoidance of doubt, anywhere in the world. Furthermore, you promise that you will make no attempt to repair or sell a Dismantler lot.
9.7 It is your sole responsibility to ensure that you are aware of and fully compliant with all End-of-Life Vehicle legislative requirements that may affect your purchase and/or handling of Dismantler lots.
9.8 We reserve the right to impose a lifetime ban on you from our Services and/or cancel any Contract of Sale in respect of a Dismantler lot that you bought if (i) such vehicle is found to be being (or is intended to be) used (whether by you or a third party) in breach of any part of clauses 9.1 to 9.7 whatsoever (whether or not you have provided us with a Certificate of Destruction). No refund will be payable to you (or any subsequent purchaser). You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.
Purchase of Conditional Repair Lots
9.9 Lots advertised as ‘conditional repair’ (a “Conditional Repair Lot”) require certain repairs to be carried out (to the required standard) after purchase. The list of inspection terms required (the “Conditions”) will be shown on the advert and will also be transferred to the Finnish Transport Safety Agency, Traficom (“Traficom”) and listed in our internal records (our “Records”). Where the Conditions are transferred to Traficom, the Lot will not be able to be re-registered in Finland without a successful registration inspection.
9.10 Conditional Repair Lots are sold on the basis, and you agree, that they will never be returned to the road anywhere in the world without the Conditions being satisfied in accordance with these Terms and Conditions and removed from Traficom’s system/marked as satisfied in our Records (as applicable) (“Satisfied”). You acknowledge and agree that if you purchase a Conditional Repair Lot you will not use, or allow to be used, such vehicle on the public highway or as a means of transportation anywhere in the world before the Conditions are Satisfied. It is solely your responsibility to ensure that you are fully aware of the implications of purchasing a Conditional Repair Lot and the steps you are required to take (including any associated costs payable) in order to have the Conditions Satisfied, prior to allowing to be used, such vehicle on the public highway or as a means of transportation.
Complying with Control requirements
9.11 In order to meet the conditional repair control requirements, a Conditional Repair Lot that has been deregistered as damages will need to be inspected according to local requirements. If the lot has not been deregistered you must otherwise ensure that the repairs have been performed and that they have been carried out to the required standard. The number and type of inspections required will be determined by the Inspection Authority and will depend on each Auction Lot and its Inspection Conditions.
Such details will be shown on the lot details. Where we are required to carry out the Inspection or any part thereof, our lot details will also provide if there is a inspection fee. If the Lot is required to be inspected, you are responsible for the inspection fee payable to the inspector.
9.12 Where we are required to carry out an Inspection or part thereof, you must give us reasonable access to your premises (or any other premises where any Conditional Repair Lot purchased from us has been stored) during normal business hours to allow us to audit the repair process and carry out any Inspection.
9.13 Time is not of the essence for any Inspections that we are required to carry out and we reserve the right to refuse to (i) mark the conditions as satisfied in our Records or (ii) recommend that such Conditions are removed by inspector if, in our sole discretion, we are of the opinion that the Conditions have not been met our sole satisfaction.
9.14 We reserve the right to impose a lifetime ban on you from our Services and/or cancel any Contract of Sale in respect of a Conditional Repair Lot that you bought if (i) such Lot is found to be being (or is intended to be) used (whether by you or a third party) in breach of any part of clauses 9.9 to 9.13 and/or (ii) you fail to provide to us, on demand, evidence that the Conditions have been Satisfied. No refund will be payable to you (or any subsequent purchaser). You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.
10. FEES, PAYMENTS AND DELIVERIES
10.1 The buyer, membership, virtual bid, vehicle ownership transfer, late removal, lot retrieval, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our Premises and in respect of each of our Lots may vary by location and are subject to change without notice. Current Fees are displayed at our Premises and on our Website. You are solely responsible for ascertaining the Fees applicable to each of our Premises and the Fees (if any) applicable to each purchase.
10.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your offer (the “Price”) and any other Fees and taxes due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
10.3 We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within payment term of conclusion of that Contract of Sale (“Date of Sale”). We do not accept cash payments. It is your sole responsibility to ensure that payment in cleared funds reaches our account according to payment terms of conclusion of the Contract of Sale; for the avoidance of doubt, where you have obtained Finance to cover the Price and all Fees or part thereof under a Contract of Sale, it is also your responsibility to ensure that such monies (or alternative funds) reach our account in cleared funds within this time frame. Where payment has not been made in accordance with this clause, we reserve the right to levy statutory late payment interest and/or fees.
10.4 Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
10.5 Except where expressly stated otherwise herein, such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
10.6 If you have elected and paid for delivery, we will automatically make arrangements to deliver the Lot to your nominated address (provided your nominated address is in a location to which we deliver) without further request from you. Details of the locations to which we deliver are available from our Member services. Copart shall not be liable for any delay in the delivery of the Lot if the delay is due to a circumstance on your part or if the delivery of the Lot is delayed by an unforeseen circumstance beyond Copart's control. In no event shall Copart be liable for any financial or consequential loss caused by the delay. If the transaction is subject to consumer protection law, the consumer is entitled to compensation under consumer protection law. Where you have not entered into the Contract of Sale in your capacity as a consumer, while we will use our reasonable skill and care in loading and/or delivering Lots to you, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. You accept that we will not be liable for any further damage done to Lots you have purchased during their loading, unloading and/or while they are in transit. We will not load and/or deliver any Lot to you and our obligation to load and/or deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.
10.7 Alternatively you may elect to collect each Lot you have purchased, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so. Our ability to provide a loading service at each of our Premises will vary by location and/or Lot. If you or anyone collecting on your behalf will be unable to load a Lot onto your transportation vehicle, we suggest you enquire prior to placing a bid as to whether we offer a loading service (and whether any fees are payable in respect of such service) for such Lot at the Premises at which it is stored.
10.8 You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, then you shall not use that vehicle on the public highway and you shall not remove it from our Premises under its own power.
10.9 Once such right and title as we have (or the Seller has) has transferred to you in respect of any Lot (except a Dismantler lot), we will update the records held by Traficom to register you as the new owner and a mandatory vehicle ownership transfer fee is payable by you in respect of such Lots to cover our administration. Dismantler lots will be marked as end of life vehicles on the records held by Traficom for which fee is charged according to Traficom price list. All fixed penalty notices and/or other legal demands, fees and charges relating to each Lot you purchase will be your sole responsibility from the conclusion of the Contract of Sale of that Lot.
10.10 If a Lot remains uncollected on our Premises after the Date of Sale, then you shall pay to us a late removal fee for each day or part day thereafter, subject to any free period of storage applicable at the material time (details of which are displayed at our Premises and/or on our Website). Where either a late removal fee has been incurred, or you owe us relist fees or money in respect of any liability to us, we will not release that Lot until you pay us the late removal fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding fees. Except where you have entered into the Contract of Sale in your capacity as a consumer, you agree that we may at any time after seven calendar days from the Date of Sale, without further notice to you, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all late removal fees, relist fees and any other outstanding fees owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.
10.11 If you make payments to us via bank transfer, those payments must originate from a bank account in the same name as your membership account. If you make payments to us using debit, credit card or other accepted form of payment, any payment method you use to make a payment to us must be registered in the same name as your membership account. If payments are found to have been made from a bank account,card or other accepted payment method in a different name, we reserve the right to suspend or close your account immediately.
11. CONTACT WITH PREVIOUS OWNERS
11.1 You agree that you shall not contact the previous owner of a Lot, unless we have given you written confirmation that such previous owner is the Seller of such Lot and we have authorised you to contact such Seller.
12. MISCELLANEOUS PROVISIONS
12.1 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason, such as a business acquisition or outsourcing of some business activities.
12.2 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
12.3 These Terms and Conditions (and any other documents and/or website incorporated herein by reference) contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.
12.4 The laws of Finland govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of Finland in respect of any disputes arising from the same.
12.5 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
12.6 Notices and reminders may be served by email, delivered personally or sent by post. In the case of notices sent by email, a party will be deemed served at the time and date of successful transmission; in relation to notices delivered personally, a party will be deemed served at the time of delivery; in relation to notices sent by post, a party will be deemed served seven calendar days after posting. Notices and reminders must be served upon us using our contact details set out in clause 14 below.
12.7 No person other than you has any right to rely upon or enforce any terms of these Terms and Conditions.
12.8 Unless otherwise stated, all Prices, Fees and other payments are quoted and payable in Euros.
12.9 If any provision of these Terms and Conditions is prohibited by law or judged by a court of competent jurisdiction to be unlawful, void or unenforceable, but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable. If such modification is not possible the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances or the validity or enforcement of these Terms and Conditions.
12.10 We may at any time, set off any liability you owe us against any liability we owe you under these Terms and Conditions or not, and irrespective of the currency of its denomination. We will serve a notice to you when set off has taken place. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.11 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law).
12.12 These Terms and Conditions have been produced in both Finnish and English and whilst both versions are authentic, the text in the Finnish version shall be given priority of interpretation for legal purposes.
13. YARD RULES
13.1 You must not undertake any repairs or alterations to Lots on our Premises.
13.2 If you have told us the date on which you are going to collect a Lot you have purchased (if our Premises offer collection time booking service), any such Lot not collected and removed from our Premises one hour prior to the applicable closing time of such Premises will be returned to the secured storage area; we will not release it to you until you have paid us an additional lot retrieval fee and late removal fee in cleared funds.
13.3 Any person caught stealing, damaging, vandalising or intimidating , lots, parts, keys, property, equipment or person will be reported to the authorities.
14. CONTACTS
14.1 We are Copart Suomi Oy, registered in Finland with business ID number 0116163-1. Our registered office is at Pieni Teollisuuskatu 7, 02920 Espoo, Finland. Our contact telephone number is +358401776000 (local network /mobile call/international call charge). Our contact email address is info@copart.fi. Our VAT number is FI01161631.
Appendix 1: Link to cancellation form
