Terms and Conditions - Claim Policy

Terms and Conditions

Claims Policy

General Terms of SALE-PURCHASE in an Auction.

(This is a translation of the Spanish General Terms and Conditions, this translation is not valid for legal claims or requeriments. Only the Spanish text is valid for this purpose)

THE BUYER/VENDOR, by means of this document DECLARES TO KNOW AND ACCEPT the General Terms of SALE-PURCHASE in an Auction of the Corporation BCA ESPAÑA AUTOSUBASTAS DE VEHÍCULOS, S.L., with corporate registered office in Madrid, calle Sagasta n° 15, and Corporate Tax Number (C.I.F.): B-92091404 (henceforth, BCA).

 

All persons, individuals and/or legal entities, which intervene in the auctions as buyer/vendor acknowledge and accept each and all the clauses of these General Terms, understanding that said terms are of mandatory fulfilment. The infringement of all or any of these clauses will empower BCA to hinder the access to the BUYER/VENDOR to participate in their auctions regardless in a physical or on-line way.

All the vehicles bought/sold in the auctions system of BCA España Autosubastas de Vehículos S.L. shall be subject to the these General Terms.

These General Terms will be facilitated to all the interested parties when they request it, free of charge. Likewise, they will be exhibited in visible locations of the BCA facilities and in their web page: www.bca-europa.es

1.            Definitions and interpretation of concepts

a)            BCA markets used Vehicles to professionals of automobile sector, mainly by means of physical and electronic auctions

b)           BCA is BCA España Autosubastas de vehículos S.L., which uses the registered trademark of BCA, which organizes and supervises the auctions of vehicles and offers other services related to their marketing.

c)            Auctioneer: employee or representative of BCA, who operates and supervises the auction.

d)           Bidder: person who makes an offer for a vehicle at any moment of its auction.

e)           Reserve price: minimum price intended by THE VENDOR.

f)            Vendor: owner or his representative, properly accredited, who registers his vehicle in order to be auctioned.

g)            Buyer: awardee of the vehicle.

h)           Auctioned lot: any type of asset presented in an auction, including the light or heavy motor vehicles, the motorcycles, campers, tractors or other vehicles. Presented to the auction with a specific number.

i)             Vehicle file: form which THE VENDOR must complete and sign which describes all the data related to the vehicle which he wishes to auction.

j)             Registration file: form which all the customers must complete, regardless whether they are vendors or buyers interested in participating in a specific auction.

k)            Bid: any price offered by the bidders for a specific lot.

l)             Acquisition fee or purchase commission: amount owed to BCA by THE BUYER, in reference to each vehicle purchased in an auction and according to the rates in force.

m)          Admission fee: amount owed to BCA by THE VENDOR corresponding to each vehicle admitted in the auction.

n)           Sales commission: amount owed to BCA by THE VENDOR corresponding to each vehicle sold in an auction.

o)           Award value: amount owed to BCA by THE BUYER corresponding to each vehicle acquired in a specific auction. Highest bid reached in an auction once the reserve price has been reached or it is accepted by THE VENDOR.

p)           Sales price at hammer: highest bid offered in an auction for a specific lot, which represents its award value and consequently, it constitutes a definitive sale.

q)           Provisional sale: the sale of a vehicle shall be considered provisional when its value in an auction fails to reach the reserve price.

r)            Value Owed by Buyer: this corresponds to the value which the buyer must pay for a specific lot, comprised by the sum of the award value, the acquisition fee and the price of the other services contracted from BCA, as well as all the taxes and fees owed to the State or to any other public entity as the consequence of the sale-purchase of a lot.

s)            Value Owed by the Vendor: this corresponds to the value which THE VENDOR of a specific lot must pay to BCA, comprised by the admission fee, the sales commission and the price of the other services contracted from BCA, as well as all the taxes and fees owed to the State or to any other public entity.

t)            Departure Authorization: permission granted by BCA which indicates that all the conditions have been fulfilled so that the buyer may remove the awarded lot frm the BCA facilities or where the vehicle is located, or the vendor may remove an unsold vehicle from the BCA facilities.

u)           Sale in "Venta en Estado" condition: A vehicle is a Sale in "Sold as seen" condition if it complies with at least one of these conditions:

a.            If it is over 10 years old.

b.            If it has more than 250,000 km.

c.            If its award value is below 1,500€.

d.            If due to the uncertain condition of the vehicle at the time of preparing the mechanical features or damages description, the BCA personnel consider that it must be classified as such.

Both vendor and buyer understand that a vehicle auctioned in these conditions reaches a lower market price. It is possible to view more information about these types of vehicles in the Claims Policy in force published in the web site and exhibited in the auction centres. See annex.

2.            Considerations of the sales system in an auction

BCA shall not be responsible for the errors which could take place in the communications, including the deletion, incomplete transmission or delays in the sending of data, and also said party does not promise that the web page is operational at all times. Said party shall also not be responsible when a third party infringes the security rules by inserting a computer virus or which causes any other type of damage which could have a repercussion on the user. BCA reserves the right to modify the applications of their web page, block or delete users and/or offers at any time without the need to indicate the reasons.

BCA may record, in a magnetic medium or any other method, the sessions of the organized auctions, reserving the right to exhibit the contents of these recordings, always when required, in order to clarify or resolve any conflict in defence of their interests, in or out of court. In any case, BCA shall act in accordance with the Organic Act 15/1999 of the Protection of Data of a Personal Nature and the Act 34/2002, of the Services of Information Society and Electronic Commerce.

3.            Rights reserved to BCA.

BCA reserves the right:

a)            Whether or not to authorize the entry of any person to their facilities.

b)           To accept or refuse the request for codes to a person or company for purchase(s) by means of Internet in their on-line auctions.

c)            Whether or not to accept the entry of any vehicle to their facilities.

d)           To request any person external to the organization of the auctions to leave the facilities.

e)           To request that the vendor remove a vehicle from the BCA facilities, once the fees corresponding to the provided services have been paid.

f)            In exceptional cases and in conformity with the Law, to provide any of the parties of the sale-purchase contract of a specific lot with the identification of the other party.

g)            To decide on the position and number of the lot for a vehicle in the auction, both physically and electronically.

h)           Not to present a vehicle in an auction if it does not comply with the minimum requirements in relation to the complete information of the vehicle and its ownership.

i)             To collaborate with the police and/or judicial authorities against fraud due to the manipulation of kilometers.

4.            Documentation required to register.

In order to register as a BCA Customer as a buyer or vendor, it is necessary to previously supply the documentation required for their registration. The list of requested documents can be be found in the web page and in the auction centres. The lack of any document or its non-validity shall result that BCA cannot accept a buyer/vendor as a participant in the auctions.

Query further details in our web page in the Purchase/Register section in BCA.

5.            Sale in an auction

a)            Definitive sale: A vehicle shall be considered as sold when the value of the bid is equal to or exceeds the reserve price.

b)           Provisional sale: When the value of the highest bid made for a specific vehicle fails to reach the reserve price, the sale shall be considered as a provisional sale. BCA shall inform the bidder and the vendor of this situation with the aim to reach an agreement for the price which permits the formalization of the sale-purchase.

c)            Based on its criteria, BCA shall establish the initial bid price, with the aim to obtain the best market price at all times.

6.            Terms which apply to the vendor in the sale of vehicles

6.1. Considerations of the sales system in an auction

In good faith, BCA has accepted each vehicle presented to the auction, assuming that:

a)            THE VENDOR presents each vehicle to the auction free of charges, unless reference is made in this regard both in the entry and in its publication at the time of the sale.

b)           The data compiled in the vehicle file are correct and there is not any known falsity or omission at the time of the sale.

c)            The vendor shall be responsible for what occurs as consequence of the errors in the supplied information.

6.2. Acceptance of the vehicles to the auction

BCA shall not accept any vehicle for its sale in the auction without the delivery of the following items by the vendor:

a)            The vehicle and its keys (except the vehicles marketed by means of the auctions in which they are located outside the BCA facilities).

b)           The auctioneer has a discriminatory power to remove the vehicle from the auction, if based on his criteria, the conditions do not exist for its sale.

c)            Requested documentation.

In order to accept a vehicle in the auction, it is necessary that the vendor supply the original documentation required for its entry.      The list of requested documents can be found in the web page in the ‘Sell’ section and in the auction centres. In said documentation, it is necessary to verify that the vendor is the owner of the vehicle. In the case that said party is not the owner, BCA reserves the right to auction the vehicle and shall require the additional information indicated in the BCA web page in the ‘Vendor’ section or in the BCA centres.

The vendor is obliged to notify any charge or any other fact which can hinder or delay the transfer of the vehicle to a third party.

For the vehicles derived from customers with a registered tax office abroad, in the Canary Islands, Ceuta and Melilla, they must also be presented as up-to-date in the payment of the corresponding taxes and any other document required to finalize its transfer in Spain.

The lack of any document, its non-validity or the existence of charges shall result that BCA shall not authorize the entry of this vehicle in the auction. In the case that BCA decides to auction it, the vendor is obliged to supply the missing documentation in a period not exceeding 30 days. If this period is exceeded, this shall give rise to the cancellation of the sale-purchase contract (Cancellation of the sale) and claim the expenses derived by this cancellation.

d)           Vehicle entry file (physical or electronic)

The vendor must complete and sign it, or send it by telematic channel by any other medium so that BCA can provide it to its customers. In this file, the requested information must be supplied, except in the cases in which this is expressly agreed otherwise.

The vendor authorizes BCA to make public all the data compiled in the vehicle file for the purposes of the auction.

When completing this file and once it is accepted by BCA, the vendor is obliged to present the aforementioned vehicle to the auction.

In the case of an expired Technical Vehicle Inspection (ITV), this must be recorded in the Entry File and it would be auctioned announcing this incident.

Any falsity, inaccuracy or omission of any data in the vehicle file shall be the exclusive responsibility of the vendor, who shall be the sole responsible party before BCA and/or the buyer of the vehicle, for the detriments caused by this falsity, inaccuracy or omission.

6.3. Mechanical features and damages description

In the case that cancellation of the contract takes place due to discrepancies in the mechanical features or damages description, BCA is authorized by the vendor to modify the information about the vehicle and auction it in conformity with the new description.

6.4. Validity of the provisional sale

The provisional sale of a specific lot will be maintained as such during a workday period of 24 hours after the conclusion of the auction in which the lot was auctioned.

6.5. Responsibility in the information to BCA in the case of penalty

If once the vehicle has been sold in BCA, the vendor receives the notification of a penalty or the start of a disciplinary proceeding, it shall be the vendor's responsibility to notify this to BCA so that the latter can carry out the processes focused on communicating the data of the driver and/or the new owner to the competent Organization.

BCA shall be exempt from any responsibility if:

a)            This communication does not take place.

b)           If the same has been carried out once the period provided by the Organization has concluded.

c)            If it is carried out without sufficient time (50% of the time assigned by the Organization) in order to make any allegation.

6.6. Price of BCA services

a)            BCA shall collect an admission fee from the vendor whenever a vehicle is presented in the auction, even when it is not sold. BCA may collect this fee each time that the vehicle is once again presented in the auction.

b)           BCA shall collect the sales commission from the vendor when the vehicle is awarded in an auction and according to the rates in force. Query the rates and potential discounts and promotions in the web page in the ‘Sell’ section or in the auction centres.

c)            In some cases, BCA may offer one or several services in relation to a vehicle or vehicles. In this case, the vendor must pay the applicable prices for the provided services, based on the official BCA rates in force.

d)           To the price of the services foreseen in this clause, it is always necessary to add all the taxes and fees owed to the State or to any other public entity.

6.7. Vehicle payments

a)            The vendor must invoice the Sale Value in the auction to BCA when informed by the latter and BCA must pay the vendor for this Sale Value in the terms and periods agreed in each case, not being obliged to deliver the price of the sold lot to the vendor if previously the respective value owed by the buyer has not been paid.

b)           BCA shall deduct the cost of the services plus taxes which correspond in each case from the price owed to the vendor for each auctioned lot

BCA shall issue the corresponding invoice for the provided services immediately after each auction.

c)            In the case of an open claim or cancellation of the sale of a vehicle, according to that stipulated in these General Terms and in their Claims Policy, BCA shall have the right to withhold the payment until the situation of the sale is clarified. BCA may also withhold the amounts corresponding to the vendor if they have reasons to consider that there is false information about the vehicle description or condition, about its ownership or its rights.

d)           The withholding foreseen in the above section shall be maintained while the pending doubts are not clarified, the ownership of the vehicle has not been demonstrated or the competent Court or Organization has not made a ruling about this issue. The vendor cannot demand any responsibility to BCA or the buyer as consequence of this withholding.

e)           In the case that a sale is cancelled in conformity with the BCA Claims Policy, the vendor having received payment by said party, the vendor promises to immediately reimburse the paid amount for its subsequent refund to the buyer.

f)            In the case of an embargo requirement, proceeding from any official organization, BCA shall not pay the price owed to the vendor until said party has justified that they have settled it or in the case of paying it, the amount of this summons shall be deducted from it.

6.8. Cancellation of the sale-purchase contract (Cancellation of the sale)

a)            The sale-purchase contract can be cancelled due to diverse reasons, previously approved by BCA and according to their Claims Policy in force published in the web page and exhibited in the auction centres. See annex.

b)           BCA may cancel any sale-purchase due to the infringement of the Considerations of the sales system in an auction section of this document by the vendor.

c)            The vendor accepts that this sale-purchase can be cancelled due to the payment infringement by the buyer, in which case, the vehicle will be included once more in the auction.

6.9. Delivery of UNSOLD vehicles

In the case of the removal in the BCA facilities, the vehicle shall only be delivered to the properly authorized person/transport company, according to the “Removal Document” provided for this purpose and available in the BCA web page. The driver must accredit their identity to the BCA personnel who carry out the delivery.

7.            Terms which apply to the BUYER in the purchase of the vehicles

7.1. Considerations of the sales system in an auction

a)            BCA has accepted each registered bidder in the auction supposing that said party is interested in bidding, in good faith, in order to acquire one or more vehicles in the terms of fees, services and payment periods stipulated in this contract.

b)           The BCA auctions are solely and exclusively addressed to the professionals of the automobile sector.

c)            All the bidders shall possess sufficient information in order to participate in the BCA auctions, both if they are physically present or by means of the web page. This information may vary based on the vendor of the vehicle.

·              In the case of a physical auction and always when the vehicles are located in the centre, they will be available prior to the celebration of the auction for their verification by the interested bidder.

·              In the auctions by means of the web page, the latest information which is displayed in the catalogue prior to the auction shall be considered as definitive for all effects, except in the case of the Live On-line Auctions (physical auctions and simultaneously with video and sound rebroadcast by internet), in which case, the information facilitated by the auctioneer will be the data which prevails.

·              BCA markets used vehicles to professionals of the automobile sector. The published information is a guideline and is provided with the aim to assist their decision making for the purchase.

·              In the vehicles which are located in the BCA facilities, BCA provides photographs and information related to the data, description and damages of the vehicle, as well as its mechanical condition. On occasions, BCA auctions vehicles which are located outside of its facilities. In this case, BCA facilitate the information and photographs provided by the vendor.

7.2. Mechanical Check and damages description

a)            By means of its own personnel or an external company, BCA can offer information about the mechanical condition or damage assessment for each vehicle presented to the auction. This information will be related to the motor condition, the gearbox, the clutch, the brakes, the steering, the transmission or other data which is considered of interest at the time of assessing the vehicle. This information will be available at the time of the auctions, both for the physical and electronic formats.

b)           The announced mechanical evaluation has been contemplated for the sale to a professional of the automobile sector and is a guideline. In the case of discrepancies, it is possible find more information in the Claims Policy in force published in the web site and exhibited in the auction centres. See annex.

7.3. Implementation of the auction

a)            It solely corresponds to the auctioneer to carry out, perform and supervise the auction, where he may discretionally reject any bid.

b)           The auctioneer or any other BCA employee, can accept written instructions to bid in representation of potential buyers, although he is not obliged to accept these instructions.

c)            The auctioneer has a discriminatory power to remove the vehicle from the auction, if based on his criteria, the conditions do not exist for its sale.

d)           All the vehicles auctioned at BCA, unless expressly indicated otherwise, are auctioned with the VAT included in the price (in the case of General Regime). Each lot indicates the VAT regime which corresponds to it.

e)           Every bid is a purchase commitment by the bidder who performs it, both if it is a Definitive Sale at the closing time of the lot in the auction, and if it is a Provisional Sale and the vendor accepts the amount that has been bid by the bidder.

f)            The sales price of the lot will be:

·              The maximum bid received for the same, in the case of direct award.

·              The maximum bid received, in the case that the vendor accepts this amount after the negotiation of the Provisional Sale.

·              The new price agreed and accepted by both parties after the negotiation of the Provisional Sale.

g)            BCA will send the invoice in the hours soon after the close of the auction and the buyer is obliged to perform the payment of the vehicle and the BCA services in the periods stipulated in the ‘Vehicle payment’ section. The failure to receive the invoice shall not be a pretext for its default, where it is the buyer's responsibility to claim it if he does not have record of having received it once the vehicle has been awarded.

h)           In the physical bids, BCA will deliver their bid number to the customer, which said party must show so that the acquired vehicles will be invoiced to the company which corresponds to this bidder number.

i)             In relation to the bids performed by means of the BCA web page, the accredited buyer participant in the auction shall be the sole party responsible for the use of their passwords, and cannot allege ignorance or error as an argument to cancel a sale.

j)             In the physical and Live On-line auctions (physical and electronic auction simultaneously or electronic auction with auctioneer), the auctioneer is the sole person authorized to decide about:

·              Any incident which took place during the bid for a specific lot.

·              Any incident which took place after the hammer blow.

·              Any incident which involves the necessity to cancel the auction of a specific lot, which can be auctioned again in this same session or in any other.

k)            Either at the time of the registration or at any other time during the course of the auction, BCA can require the deposit of a surety or a guarantee deposit (in the case of a purchase), in order to ensure the fulfilment of their obligations before BCA.

7.4. Price of BCA services

a)            BCA shall facilitate their service fees to their customers both in the auction centres as well as by means of their web page. They can be updated without prior notice, in this case, BCA promises to publish the new rates with at least 24 hours advance notice prior to the celebration of the auction in which they will be applied.

b)           BCA shall collect an acquisition fee or sales commission to the awardee of each vehicle purchased in the auction and according to the rates in force. Query the rates and potential discounts and promotions in the web page in the ‘Buy’ section or in the auction centres.

c)            The change of ownership of the vehicles acquired by the national buyers shall be the transfer.

d)           When the buyer resells a vehicle acquired in BCA, an admission fee as the vendor and the commission of this new sale will be collected.

e)           In some cases, BCA may offer one or several services in relation to a vehicle or vehicles of an auction, for example, with the transportation included. In this case, the buyer must pay the applicable prices for the provided services, based on the official BCA rates in force.

f)            BCA will collect a parking fee in the terms of the ‘Responsibilities and parking fees’ section.

g)            To the price of the services foreseen in this clause, it is always necessary to add all the taxes and fees owed to the State or to any other public entity.

7.5. Payment, transfer of ownership and delivery of the vehicle to the buyer

7.5.1. Vehicle payment:

a)            BCA will only authorize the departure of the vehicles after the effective collection of the value owed by the buyer and all the expenses related to the services performed by BCA related to the vehicle and other pending items and according to the General Terms of the Sale-Purchase in the auction.

b)           The value owed by the buyer must be paid to BCA in a maximum period of 48 hours subsequent to the conclusion of the auction. The payment of the owed amounts must be performed in the account numbers indicated by BCA.

c)            The proof of payment must be sent to the e-mail address: sp.retiradas@bca.com, indicating the vehicle's registration and the name of the company which makes the payment.

7.5.2. Transfer of Ownership.

a)            The ownership of the vehicle shall be transferred to the buyer until the value owed by the buyer has been settled and has been effectively collected by BCA without detriment of that stipulated in the Responsibilities and Parking fees clause.

b)           Without detriment of that set forth in the above section, the documentation and keys which are in possession of BCA, which belong to the sold vehicle, shall only be delivered or sent to the buyer or authorized person/company after the effective payment of all the amounts owed for the services provided by BCA.

c)            At some point, the vehicles marketed by BCA in the transfer process to the buyer customer can be involved in a Temporary Cancellation in the Traffic Authority. It is the buyer customer's responsibility to know the status of the vehicle's documentation prior to circulating with it.

d)           After formalizing the sale, during the processing of the documentation, the vehicle may have an expired ITV status or “cancellation due to community transit or exportation” (in the case of foreign customers). In this case, it shall be the buyer's responsibility to know the status of the vehicle's documentation prior to circulating with it and what occurs in relation to the vehicle until the final processing of the documentation.

7.5.3. Vehicle delivery.

a)            In the case of the removal in the BCA facilities, the vehicle shall only be delivered to the properly authorized person/transport company, according to the “Removal Document” provided for this purpose and available in the BCA web page. The driver must deliver a copy of the National Identity Document (DNI) to the BCA person who performs the delivery.

b)           The vehicles sold in the auction do not possess insurance in force since the time of the removal and it is the buyer's responsibility for what occurs in relation to the vehicle once it has left the facilities in which it was located; except when BCA performs the transport service, in which case, BCA shall have the responsibility until the vehicle is delivered to the buyer.

c)            Since the time of the vehicle's removal by the buyer or the vehicle's delivery when it is transported by BCA, it shall be the responsibility of the buyer for everything which occurs in relation to said vehicle, including the penalties due to infringement of the Traffic regulations. The buyer expressly authorizes BCA to inform the competent authority in the case that this is required by the latter as consequence of such infringements.

d)           BCA does not guarantee that the vehicle removed from its facilities or external sites, is found in optimum conditions to circulate, where this is the responsibility of the party who removes the vehicle to carry out the suitable verifications. THE BUYER shall assume the responsibilities which are derived from the failure to carry out said verifications.

7.6. Responsibilities and parking fees

a)            The risks derived from the vehicle's parking until the time of its sale shall be covered by the BCA insurance policies.

b)           The risks derived from the vehicle's parking up to 7 calendar days after the purchase invoice is produced, shall be covered by the BCA insurance policies Starting from that time, BCA shall not be responsible for potential missing parts or damages in the vehicle. In the case that it involves a buyer with registered tax office outside of Spain, the period of 7 days shall be extended to 30 calendar days.

c)            BCA shall charge the parking service (stays) per vehicle and day, based on the periods and rates in force published in the `Buy` section in the web page. This charge must be paid prior to the removal of the vehicle.

d)           The buyers who have contracted the transport service with BCA, shall be clear from the payment of the parking fees mentioned in the above section.

7.7. Invoicing exempt from VAT

A vehicle shall be invoiced exempt from VAT when the buyer accredits that their company has its registered tax office outside the Spanish fiscal territory and it complies with the requirements mentioned in the VAT Exemption Procedures available in the BCA web page and in all the auction centres.

7.8. Cancellation of the sale-purchase contract (Cancellation of the purchase)

a)            The sale-purchase contract can be cancelled due to diverse reasons, previously approved by BCA and according to their Claims Policy in force published in the web page and exhibited in the auction centres. See annex.

b)           BCA may cancel any sale-purchase due to the infringement of the Considerations of the sales system in an auction section of this document.

c)            BCA shall admit claims in reference to the vehicle or services, always in the agreed form and periods and in accordance with the Claims Policy in force. See annex.

7.9. Infringement by the purchaser

If the buyer does not comply with their payment obligation, BCA is hereby empowered:

a)            To consider as cancelled, in the name of the buyer, the sale-purchase contract (cancellation of the purchase).

b)           To enforce against the buyer all legal actions deemed necessary for the fulfilment of their contractual obligations.

c)            To block the buyer's account in the entire BCA organization at the international level. In order to be accredited as a customer again, this shall require that BCA accepts the readmission and that the buyer deposits the amount of the surety stipulated for this item. In the case of a new infringement, BCA shall be empowered to make this amount effective as compensation for the incurred expenses. The buyer shall possess the right to recover this surety if they have not incurred new infringements, expressly stating their intention for their cancellation as a buyer of BCA Europe.

8.            Data processing

In fulfilment of the Organic Act 15/1999 of the Protection of Data of a Personal Nature and the Act 34/2002, of  Services of Information Society and Electronic Commerce, the buyer/vendor is hereby informed that their data shall be included in the computer/IT files owned by BCA Autosubastas de Vehículos, S.L. with the aim to carry out the business relation and keep said parties informed about the company's activities. The buyer/vendor provides their consent for the receipt of the information by means of electronic mediums (SMS and e-mails). In the cases in which BCA has knowledge (through the vendor himself) that the vehicle has been object of a fine if the change of ownership in the Traffic Authority still has not occurred, BCA shall notify, under vendor's requirement, the buyer's data in order to comply with the traffic regulation which obliges the identification of the driver of the infringing vehicle. Said parties may exercise the rights covered in the legislation for the access, rectification, cancellation and opposition to the sending of the information by electronic mediums by a written notification to the BCA Customer Relations Department or by means of: info.es@bca.com.

9.            Confidentiality.

The Buyer/Vendor and BCA hereby promise and are obliged, both during the validity of this contract, and subsequent to its termination due to any cause, to maintain secret all data or personal circumstances or materials which they know as consequence of this relation and which affect the activity of both parties or the persons and activities or businesses of their customers.

Likewise, they hereby promise and are obliged to conserve and maintain with due diligence the documentation which they must use, adopting the precautionary measures required to prevent any type of reproduction, knowledge or communication by other unauthorized persons, where this reserve obligation is extended to all data which are entered, conserved or are obtained in the use of the computer/IT system of the parties.

This obligation extends to the employees of both parties, or to any third party who may have a relation with this contract.

10.          Applicable legislation

For everything not expressly agreed in this contract, the corporate and civil legislation in force shall apply.

11.          Exclusion

Since the relation between the parties is merely mercantile, the legislation of consumption and/or protection of consumers or users is hereby excluded from their application to this contract.

12.          Validity of the clauses

Although the  invalidity or unenforceability of any clause of this contract or one of its parts is ruled, the remaining clauses or their parts shall continue to be valid and remain in force.

13.          Annexes.

The annexes which follow are an integral part of this contract: Claims Policy of BCA Spain

 

Claims Policy of BCA Spain

 

All persons, individuals and/or legal entities, which intervene in the auctions as buyers/vendors acknowledge and accept all and every one of the clauses of this Claims Policy applicable to all the sold vehicles, in either physical or on-line form.

All the vehicles bought/sold in the auctions system of BCA España Autosubastas de Vehículos S.L. shall be subject to the General Terms of the Sale-Purchase in the Auction.

BCA markets used Vehicles to professionals of the automobile sector, mainly by means of physical and electronic auctions

1. Preliminary considerations:

a)            The published mechanical evaluation has been contemplated to facilitate the sale to a professional of the automobile sector. It refers to the technical condition of the essential elements of the vehicle.

b)           BCA sells vehicles located in its own sites or vehicles located in the vendor's facilities.

c)            BCA does not carry out any maintenance or repair task in any vehicle, unless expressly agreed in this regard.

d)           The professional buyer is responsible for verifying the information and the condition of the awarded vehicle immediately after it is delivered to him by BCA, as well as carry out the improvements required for its proper circulation and marketing to the final customer in the terms established by law.

e)           The buyer shall be responsible for any breakdown which occurs in a vehicle once it is retired from the BCA or other vendors facilities.

f)            A hidden defect shall be considered as the serious discrepancy of the motor, steering or transmission which affects the value of a vehicle in a major way, when this has not be informed by BCA prior to the auction.

g)            It shall be considered that a vehicle has structural damage when there is evidence that it has undergone a collision which has damaged the structure levels of the vehicle, including the longitudinal and cross sections.

h)           BCA offers vehicles in auction with the information about the mileage provided by the transferor, acting in good faith, guaranteeing the information in those cases in which the vendor accredits the same or declares to be in conditions to accredit. BCA shall inform the “guaranteed kilometers” for the vehicles which comply with one of these two conditions:

·              When the vendor accredits the travelled kilometers with documents.

·              When the origin of the vehicles provides BCA with the required guarantees. Otherwise, BCA shall not be obliged to accredit this.

i)             BCA shall collaborate against fraud due to manipulation of kilometers, by providing the police and/or judicial authorities with all data which are required for these effects.

j)             BCA can offer vehicles, informing the buyer that this involves a “Sale in “Sold as Seen” condition”. The information provided in relation to the vehicle condition will be a guideline and the buyer must take this into account at the time of the bid. In these vehicles, claims shall not be accepted in relation to their condition. Consequently, in these cases, the information must be verified before the bid, assuming the risks which they consider suitable, since both the vendor and the buyer understand that an auctioned vehicle in these conditions can reach a lower market price. In this case, claims shall not be admitted based on hidden defects.

k)            Damage grade: BCA classifies the condition of each of the vehicles located in the BCA facilities, by scoring them from 1 to 5 according to their internal and external damage. There are several vehicles which cannot be economically valued and they are reported as Non-Classified Score. For more information about the BCA Damage Classifications, visit their web page in the Buy/Useful Information/Damage Classification section.

2.            Conditions in order for a claim to proceed

In order for a claim to proceed, the following conditions must take place:

a)            To have made a claim in the time period and form according to that established in this document based on each claim type.

b)           That the vehicle is in the same conditions as those in which it was sold in BCA.

c)            That it does not involve the wear-and-tear elements of the vehicle, such as batteries, tires, shock-absorbers, ball-bearings, rubber components, brakes, etc.

3.            Claim procedure

3.1. Form: They can be presented by web page form or printed form, available in all the auction centres. Also by telephone, through the Claims Department of BCA Spain. In the case of filing a claim by the web page form, the period is considered from the time of sending the form. For physical forms, the claim time shall be dated as soon as the form is delivered and the centre delivers a copy to interested party. When the claim is by telephone, the claim time is when the BCA personnel have responded to their call and have assigned interested party an incident number. The missed calls and e-mails without the case number are not considered valid for the aperture registration of a claim.

3.2. Period: The periods are established for each case and classified in the following sections based on the claim type.

3.3. Claim receipt notification

BCA shall notify by e-mail the receipt of a claim in a maximum workday period of 24 hours assigning it a case number, regardless of its type. This e-mail shall notify if the claim has been made within the established periods and the steps to be followed, or it has been done outside the period, in which case, it shall not be accepted.

3.4. Requested documentation and proof:

When required, BCA shall request the customer to provide additional information or the documents which prove the reason for the claim. Likewise in this request, the maximum workday period of 48 hours shall be indicated in order to supply the requested information or documentation, unless the diagnosis or opinion of an expert is required, in which case the maximum workday period shall be 72 hours. Having elapsed this period, it shall be understood that the customer has waived his right to claim and BCA shall consider the claim as closed.

3.5. Receipt of the requested claim and documentation:

It shall be the buyer's responsibility to ensure the receipt by BCA, of the claim or requested proof and to conserve the acknowledgement of receipt, given that it shall be certified proof that the claim or the proof have been carried out and delivered within the established periods.

4.            Discrepancies in the vehicle description.

BCA promises to respond in a diligent way when the information supplied at the time of sale is not correct and the discrepancy supposes a change of the vehicle's price. In the case there is an error in this information, BCA shall provide the option to cancel the vehicle purchase under the following criteria. without giving rise to compensations of any type:

a)            Differences in the data in relation to the vehicle: Brand, model, version, fuel, colour, type of gearbox, registration date, vehicle origin, guaranteed mileage, incorrect mileage, and differences in the equipment. These claims are equipped with a workday period of 48 hours calculated starting from the vehicle delivery always when it has not travelled more than 80 kilometers, including the return route to BCA.

b)           Error in the data about the external or internal assessment, or in the data which describe the mechanical condition. These claims rely on a period of 2 hours calculated from the vehicle delivery always when the vehicle has not travelled more than 80 kilometers including the  return route to BCA.BCA shall only admit claims when a second evaluation determines that the Damage Grade has changed.

·              In the vehicles which the buyer removes in the BCA facilities, either personally or by means of authorized persons or companies subcontracted by him, they must be returned so that the BCA personnel verify the detected differences. For the exterior and interior damages noticed at the time of delivery, the period of 2 hours and 80 kilometers shall not apply and the claim must be registered at the same time of delivery.

·              For the vehicles transported by BCA or collected in external sites, the discrepancy must be noted in the delivery note about the announced condition prior to its signing (either of the transport agent or the external sites). The BCA transport agents shall wait during 15 minutes when the buyer or the accredited person to receive the vehicle thus indicate.

·              Remember that in both cases, the vehicle must not have undergone modifications nor have travelled more than 80 km including the return route to the BCA facilities so that the personnel verify the indicated discrepancies.

5.            Missing elements in the vehicle:

For the case of missing elements of the vehicle and announced in the auction or previously published by photograph in the web page, BCA shall decide the cancellation of the purchase or the replacement or credit of the missing element. Within the missing elements, they also include the vehicle books, as well as the documentation, if this has been shown in the photographic report.

For these types of claims, the periods shall be as follows:

·              In the vehicles which the buyer removes in the BCA facilities personally or by means of authorized persons or companies by him, the claim must be made at the time of the removal and noted in the vehicle delivery sheet.

·              For the vehicles transported by BCA or collected in external sites, the period to file the claim shall be 48 hours since the delivery, always when the missing element has been noted in the delivery note prior to its signature (either from the transport agent or the external sites).

6.            Claims about the transport service

BCA shall compensate their customers when the final delivery period does not coincide with the estimated delivery time published in the web page. The terms for the allowance are:

a)            The vehicle must have been purchased in BCA.

b)           The maximum amount to be paid shall be equal to the amount paid by the customer for the transport service.

c)            There is a non-allowance delay depending on the distance to be travelled by the transport service. This can be queried in the BCA web page in the Services/Transports/National Transport section.

d)           In a maximum workday period of 48 hours after the vehicle delivery, the customer must request their discount by means of the web page form in the Services/Claims section or by telephoning the Claims Department of BCA Spain.

7.            Billing Changes

Once the purchase invoice has been paid, no changes are admitted of the bidder (company or individual person in whose name the invoice has been issued).

8.            Documentation processing:

BCA shall carry out, without exception, the processing of the new documentation for the vehicles sold in their auctions. Given the different origins of the auctioned vehicles, BCA cannot guarantee a uniform period for the documentation transfer.

Based on the document management type which we carry out, BCA has three types of vehicles:

a)            Those announced as “Documentation ready for transfer” or “Doc ready”: in this type of claim, the customer can claim the cancellation of the sale-purchase contract (cancel the purchase) starting from 30 calendar days calculated from the payment date of the vehicle by the buyer, where the transfer has not been carried out.

b)           Vehicles with reported incidents: the customer may cancel the sale-purchase contract (cancel the purchase) if the vehicle has not been transferred in 120 calendar days calculated from the payment date by the buyer.

c)            For the remaining vehicles, the customer may cancel the sale-purchase contract (cancel the purchase) if in a period of 60 calendar days since the payment date by the buyer, said party does not possess the vehicle transferred to their name.

In the claims due to delay in the documentation, BCA shall offer the cancellation of the payment. In the case that the buyer accepts, BCA shall proceed to refund the amounts paid by the buyer and in addition up to a maximum of 800 euros when the improvements made in the vehicle have been justified and BCA has verified said improvements.

In the case that the delay or part of the same is due to the delivery of any document by the buyer, these days shall not be taken into account for the effects of the calculation of the delay in the ownership change management of the vehicle.

Other considerations about the documentation:

a)            The vehicles marketed by BCA in the transfer process to the buyer customer can be involved in a Temporary Cancellation in the Traffic Authority. It is the buyer customer's responsibility to know the status of the vehicle documentation before said party circulates with it and the penalties which can take place shall be at their charge where required.

b)           If there is any vehicle with any documentation incident (reservation of ownership, leasing, etc.), this would be announced in the vehicle description or during the auction in such way that every bidder is informed at the time of making a purchase decision.

c)            If once the vehicle is sold, the Technical Data Sheet or the Circulation Permit of the vehicle is missing and this has not been announced in the vehicle description, BCA shall assume the expenses paid by the buyer for the Technical Vehicle Inspection (ITV) or another official organization which issues a duplication for the missing document. It is essential that the customer bill the expenses to BCA attaching a copy of the invoice paid by the customer to the official Organization which issued the missing document in a period of 20 workdays from the communication of the loss. The vehicle preparation expenses in order to pass the inspection shall not be handled by BCA.

9.            Cancellation of the sale-purchase contract (Cancellation of the purchase):

9.1. In the case that the claim proceeds and it is decided to cancel the sale-purchase contract of the vehicle, BCA shall accept the refund of the amount paid by the buyer in the purchase invoice of the vehicle including the purchase commission of the vehicle and the change of ownership.

9.2. In no circumstances, the expenses incurred by the buyer shall not be accepted without the express authorization of BCA (except in the claims classified as documentation delays). The buyer, as a professional from the automobile sector, is responsible to verify all the information and vehicle condition prior to any intervention on the same.

9.3. Expressly excluded from the scope of the claim are the expenses for other items such as loss of profits or amounts which may eventually be promised with a customer in relation to a vehicle object of a claim.

9.4. The transport service of the return to the BCA facilities shall be carried out and on account of the party who transported it to the buyer facility. In the case of vehicles sold with removal in sites external to BCA, said party shall be responsible for collecting the vehicle in the buyer's facilities.

9.5. Once the claim has been accepted, a maximum workday period is established for the vehicle delivery in the BCA centre nearest to their facilities, documentation and other required items for the refund or the repair according to that agreed, of 48 hours and always with a maximum of 80 kilometers from its removal in BCA. Having elapsed this period, it shall be understood that the customer has waived his right to claim and BCA shall consider the claim as closed.

10.          Payments for the claim item

When due to the claim, the payment of a compensation is agreed for the refurbishment of a vehicle, the value calculated for the payment of these repairs shall take into account a labour price of 29€/hour.

The payment of the vehicle or any other amount agreed with the customers as a result of a claim shall comply with the following two requirements: