Terms & Conditions

TERMS & CONDITIONS – WE BUY TRUCKS LTD

1-Interpretation
1.1 The definitions in this clause apply in these Terms:

• “Auction“ means the process of offering a Vehicle for sale to Bidders, resulting in a sale at the highest price, whether on-site, off-site (including at the Seller’s premises), online, or by telephone, and is limited to auctions held by WBT (We Buy Trucks Limited) or its authorized representative.
• “Auctioneer” is the person from or on behalf of WBT who oversees the bidding process during the Auction.
• “Bidder” shall mean any natural or legal person (or anyone acting on their behalf) who participates in an Auction by making a bid for a sum of money payable in the event that they become a Purchaser.
• WBT means We Buy Trucks Limited Registered office- Unit A, Mildenhall Industrial Estate, 82 James Carter Rd, Mildenhall, Bury Saint Edmunds IP28 7DE. Company Number: 15096289
• “Contract” or “Contract of Sale” refers to the agreement for sale and purchase of the Vehicle and Lot entered into between the Seller and the Purchaser upon the fall of the hammer and includes a Sale by Private Treaty and a Paper Sale.
• “Entry Form” means the form by which a Seller registers the Vehicle or Lot to participate in the Auction. From time to time, the Entry Form may be completed by WBT on the Seller’s behalf.
• “Lot” refers to the Vehicles to be sold in one sequence in the Auction.
• “Paper Sale” shall have the meaning in clause 7.4.
• “Price” is the price at which the Vehicle is sold to the highest Bidder participating in the Auction. Unless otherwise specified, all purchases are subject to VAT and any other customs tariff.
• “Purchaser” shall mean the maker of the highest bid accepted in an Auction or by Sale by Private Treaty.
• “Purchaser’s Premium” refers to the amount payable by the Purchaser in addition to the Price and is set out at Schedule One.
• “Privacy Policy” means the policy as defined in Article 13 of the GDPR available from WBT.
• “Sale by Private Treaty” shall have the meaning in clause 7.2.
• “Seller” includes any prospective Seller of a Vehicle or a Lot who participates in the offer for or sale of Vehicle or Lot in the Auction on these Terms.
• “Seller’s Commission” means the amount payable by a Seller in the event of a Contract for Sale or a Sale by Private Treaty of a Vehicle or a Lot. Information about the Commission is available upon request.
• “Site” means the location of the Auction at WBT’s premises including sites  Unit A, 82 James Carter Road, Mildenhall Industrial Estate Suffolk IP28 7DE or otherwise as designated by WBT from time to time and as set out on the Website.
• “VAT” means Value Added Tax.
• “Vehicle” includes lorries, vans, cars, taxis, motorcycles, trailers, buses, motorised caravans, commercial, agricultural and self-propelled vehicles, plant, construction vehicles, refuse collection vehicles, boats, mechanical and electrical equipment, and any items related to the vehicle. WBT has sole discretion to determine if something qualifies as a Vehicle.
• “Website” refers to the WBT site at [https://webuytrucks.co.uk/].
• “Working Day” means Monday to Friday, excluding Bank Holidays in England or Scotland.

1. Application of these Terms and Conditions
   2.1 (1) By submitting a Vehicle for sale as a Seller including using an Entry Form,
   or (2) by registering as a Bidder,
   or (3) by entering into a Contract for Sale, these Terms shall apply to Sellers, Bidders, and Purchasers as set out below. WBT reserves the right to update these Terms at any time.
2. Conditions that Apply to Sellers 

   3.1 Before participation in the Auction, the Seller must (1) provide the keys of the Vehicle and (2) all requested documentation, including:

• (a) a completed Entry Form; and
• (b) the registration book, V5, and (where applicable) the MOT certificate of the Vehicles; and
• (c) their name, address, and proof of identity or other information which may be required including for the purposes of the Money Laundering Regulations 2007.3.2 WBT may refuse Auction participation and withhold payment to Sellers until all requested documentation is provided.

  3.3 The Seller may deliver Vehicles and Lots to the WBT Site during business hours 9am-5pm with at least 24 hours’ notice. Deliveries more than (14) Working Days before the Auction require prior arrangement. If delivered more than 14 Working Days early, a discretionary fee of £20 per Vehicle or Lot (whichever is greater) applies.

  3.4 If WBT requests removal of the Vehicle or Lot, the Seller must arrange for immediate removal. If not removed, WBT will remove it at the Seller’s expense. A discretionary fee of £50 Vehicle or Lot (whichever is greater) will apply until removal.

  3.5 The Seller warrants to WBT, Bidders, and Purchasers that:

• (a) They are the legal owner of, or have permission from the legal owner to enter, the Vehicle or Lots into the Auction.
• (b) All information provided about the Vehicles and Lots is true, accurate, and may be used by WBT, its Auctioneer, and agents before and during the Auction.
• (c) The Vehicle has its correct registration plate and chassis number.3.6 The Seller represents, undertakes, and warrants to WBT, the Bidders, and the Purchasers that unless expressly stated on the Entry Form:
• (a) The Vehicle or Lots have not been severely damaged in an accident or deemed a total loss by an insurance company;
• (b) The Vehicle or Lots have not been previously owned or used by the police or as a licensed hackney carriage;
• (c) The Vehicle or Lots have not been re-registered or imported.
• (d) The Vehicle or Lots are not intended for, nor classified for, export.
• (e) The DVLA has no record of, nor has it ever been informed that, the Vehicle or Lots are intended for or classified for export.
• (f) that the odometer reading is accurate.3.7 The Seller acknowledges that the Vehicles and Lots are sold as seen and that they are solely responsible for disclosing any defects, history, origin, ownership, or relevant information that may affect the decision to bid or purchase, using the Entry Form.

  3.8 The Seller shall indemnify WBT for any damages resulting from a breach of obligations in clauses 3.5 to 3.7, as per clause 14.

  3.9 The Seller shall pay a Seller’s Commission to be determined or calculated by WBT.

  3.10 If the Seller withdraws a Lot before it is offered for sale, a discretionary £250 administration fee will be payable to WBT.

1. Methods of Payment4.1 All payments are to be made to WBT using the following methods:

• (a) bank transfer to the Account “We Buy Trucks Limited”
• (b) Account number: 15873562. Sort code: 30-99-50.

4.2 All payments to WBT must be made promptly, as time is of the essence.
4.3 All payments by WBT will be made by bank transfer to the account on the Entry Form    within a reasonable period after the Auction.

1. Terms that Apply to Bidding for Lots5.1 Each Lot shall be put up for sale without reserve unless WBT are notified to the contrary by the Seller on the Entry Form before the Auction.
   5.2 An Entry Form bearing the words NET or CLEAR will be construed to indicate authority for the Auctioneer to sell the Lot at the price stated on the Entry Form.
   5.3 WBT reserves the right to set or refuse a reserve price, withdraw a Vehicle or Lot if the reserve price is not met, and bid as an agent for a Bidder.
   5.4 WBT and its Auctioneer shall have the right to regulate the bidding including incremental increases and to conduct the Auction in their absolute discretion. Their decision on all matters affecting the Auction shall be final and binding.
   5.5 WBT may accept or refuse any bid without providing a reason. In case of a bid dispute, WBT will decide the accepted Bidder, re-auction the Lot at the last undisputed bid, or withdraw the Lot.
   5.6 Bids below a minimum amount set by the Auctioneer will not be accepted. The highest Bidder, at the Auctioneer’s discretion, will be the Purchaser of the Lot.
   5.7 The Seller may bid on other Lots but cannot bid on a Lot in which they have entered a Vehicle for sale, either directly or through WBT or others.
   5.8 A Bidder cannot retract a bid. Deposits are non-refundable if the Purchaser fails to complete the Contract of Sale. If the successful Bidder fails to provide the required details, the Seller is responsible for relisting the Vehicle or Lot.
   5.9 Telephone or online bids are accepted at the Seller’s risk, must be confirmed in writing before the sale, and the deposit must be cleared prior to bidding.

6. Terms that Apply to the Sale of Lots

6.1 On the sale of a Lot, a Contract for Sale is entered into between the Seller and the Purchaser of the Lot. WBT only acts as agent in respect of the sale process. WBT is not liable in any way with the commissioning of its staff by Bidders to bid for any Lots.

6.2 A Contract of Sale is formed when the hammer falls, and the Purchaser is the highest bidder accepted by the Auctioneer. The Price is the amount of the highest bid.

6.3 The Purchaser must provide WBT or their Auctioneers with their name, address, and proof of identity (or other required information for Money Laundering Regulations) immediately after the sale. Failure to do so allows WBT to terminate the Contract of Sale.

6.4 Any disclosure of Personal Data or other information is subject to the Privacy Policy.

6.5 Where any Lots sold are found to be subject to a hire purchase or leasing agreement, WBT reserves the right to discharge the existing liability to the finance company concerned remitting any balance, less Seller’s Commission and any applicable storage costs, to the Seller, on receipt of a clearance note from the finance company. In the event any shortfall arises, the Seller shall be liable to pay the amount of shortfall and any other costs to the finance company.

6.6 Each Lot becomes the Purchaser’s responsibility and liability upon the fall of the hammer or other sale, including private treaty.

6.7 From the fall of the hammer, Lots are stored at the Purchaser’s own risk on WBT’s Site, and WBT is not under any circumstances responsible for any loss or damage.

6.8 Vehicles are sold with the benefit of any unexpired Vehicle excise licences attached thereto and current MOT certificates relating thereto. It is the Purchaser’s sole responsibility to check these.

7. Sales by Private Treaty

7.1 The Seller cannot remove a Vehicle from the Auction to enter into a Private Treaty Sale to bypass the Auction. If the Vehicle does not meet its reserve or sell, WBT may, but is not obligated to, inform the Seller of the highest bid.

7.2 A Sale by Private Treaty shall occur in any of the following situations:

• (a) Any sale arising from the Auction, including information, facilities, Site, Vehicles, or services provided by WBT or its Auctioneer, directly or indirectly.
  (b) any other sale of the Vehicle which is agreed at the Auction Site but is not a sale that is concluded by the fall of the hammer in the Auction.

7.3 For any Sale by Private Treaty, WBT is entitled to charge the Seller a Seller’s Commission and the Purchaser a Purchaser’s Premium.

7.4 WBT may facilitate the sale or purchase of a Vehicle outside of an Auction or Private Treaty, referred to as a “Paper Sale,” which is subject to these Terms and Conditions to the fullest extent possible.

7.5 WBT is not and shall not be deemed to be a party to, or liable upon, a Sale by Private Treaty or a Paper Sale. There shall be no complaint or claim against WBT as a result, and WBT shall not incur any liability to any party because WBT has facilitated and/or negotiated a sale and thereafter released the Vehicle to a Purchaser.

8. Payments by the Purchaser and Removal of Vehicles

8.1 All Purchasers must pay a Purchaser’s Premium to WBT, as specified in Schedule One, along with VAT and any applicable import/export tariffs, before removing the Lot from WBT’s Site.

8.2 Additional fees may apply and will be notified to Purchasers by the Auctioneer and/or WBT at the start of the Auction.

8.3 Once the hammer falls, the Purchaser must immediately pay WBT, as agent for the Seller, the full purchase price and Purchaser’s Premium.

8.4 If the Purchaser buys more than one Vehicle or Lot, they must pay in cleared funds for all Vehicles and Lots purchased before any of them are removed from the Site.

8.5 All purchases are subject to VAT and any applicable customs tariffs, payable at the prevailing rate in addition to the purchase value, unless stated otherwise.

8.6 Lots purchased for export shall also be charged VAT and other applicable tariffs, which shall be repayable on production of clear written evidence that the Lot has been exported, in accordance with applicable HMRC regulations.

8.7 WBT reserves the right to determine what constitutes the correct proof of export of a Lot. This evidence must be received by WBT within 3 months from the date of the sale (or 13 weeks from the date of sale).

8.8 The Purchaser must immediately pay the full purchase price plus VAT (minus any deposit) and the Purchaser’s Premium to WBT’s cashier.

8.9 The Purchaser shall not remove any Vehicle or Lot until the full purchase price and Purchaser’s Premium and any additional fees have been paid. Provided that full payment has occurred, Vehicles and Lots must be removed by the Purchaser from WBT’s Site / sellers site  within 5 Working Days of the Auction date. The Lot will not be released until the Auction has concluded.

8.10 WBT shall not be liable to the Seller for any default by the Purchaser. WBT gives no guarantee that the winning Bidder for a Lot, or any other person with whom the sale of the Lot is agreed, will make full payment to WBT or to the Seller for the Lot.

9. Consequences of Non-Payment by the Purchaser

9.1 If any Lot is not paid for in full and cleared funds and removed by the Purchaser from WBT’s Site or the sellers site within 5 working days, or if the Purchaser is otherwise in breach of these Terms, WBT (as agents of the Seller) in its absolute discretion and without prejudice to any other rights that it and/or its Sellers may have, shall be entitled to exercise one or more of the following rights or remedies:

(a) retain the deposit and deem it forfeited by the defaulting Purchaser;
(b) proceed against the defaulting Purchaser for damages and expenses (including legal costs). WBT shall have the right to sue for the price of any Lot or any expenses incurred by them in connection with any Lot without the consent of the Seller of the Lot;
(c) withdraw the sale of the Lot;
(d) withdraw the sale of any other Lot sold to the defaulting Purchaser at the same or any other Auction and which has also not been paid for in full in cleared funds;
(e) terminate the defaulting Purchaser’s account and prevent the defaulting Purchaser from attending any further Auctions run by WBT or on its behalf;
(f) resell the Lot, or cause it to be resold, by public Auction or private sale. The defaulting Purchaser shall then be liable to pay to WBT the costs incurred in connection with the resale plus the value of any shortfall between the amount of the purchase price agreed by the defaulting Purchaser for purchase of the Lot and the price paid upon actual sale of the Lot to a third party, to the extent that any deposit paid by the Purchaser is less than the shortfall;
(g) remove, store (either at WBT’s Site or elsewhere) and insure the Lot at the expense of the defaulting Purchaser;
(h) charge interest at the rate of 2% above the base rate of HSBC plc on all sums due, such interest shall accrue on a daily basis and be compounded quarterly from the expiry of 5 days after the date of the Auction to the date of payment in full for the Lot;
(i) retain possession of the Lot and all other Lots from time to time sold to the Purchaser pending payment in full of the Lot;
(j) apply any proceeds of sale then due or at any time afterwards becoming due to the defaulting Purchaser on its own sale of goods at a WBT Auction towards settlement of the purchase price of the Lot and exercise a lien on any property of the defaulting Purchaser which is in WBT’s possession for any purpose.

9.2 If the Vehicle or Lot is not removed within 5 Working Days of the Auction, the Seller shall pay a storage fee of £50 per working day If the purchase price remains unpaid, the Seller authorizes WBT to sell the Vehicle or Lot, deduct storage and Seller’s Commission, with any remaining balance payable to the Seller.
9.3 WBT is not liable to the Seller for any difference in sales value between the Auction and any subsequent sale.

10. Terms that Apply to the State and Condition of Vehicles and Lots

10.1 WBT does not act as a bailee or reseller for the Seller, the Bidder nor the Purchaser and does not have title to the Vehicles before the Auction.

10.2 All Vehicles and Lots are sold “as seen” and with any faults and imperfections.

10.3 WBT has no authority to, and makes no warranty or guarantee about any aspect of the Vehicles or the Lots including, without limitation as follows:

(a) their description or the information provided by the Seller. Their inclusion in the Auction does not imply that they are marketable or of satisfactory quality;
(b) title to the Vehicle, its history, age, authenticity, origin or ownership;
(c) the accuracy of any odometer reading on any Vehicle;
(d) whether the Vehicle is subject to an outstanding hire purchase agreement.

10.4 Purchasers must assess the quality and condition of the Vehicles and Lots, including remote purchases.

10.5 Photographs and descriptions are for identification purposes only. Purchasers should assess the condition of each Lot before the Auction.

10.6 Any reference to the age of a Vehicle in the particulars relating to it is intended to be a reference to the year of first registration of the Vehicle in the United Kingdom.

10.7 Any statement made by the Auctioneer during the Auction is an opinion and should not be relied upon by the Bidder or Purchaser, who must use their own judgement regarding the Vehicle or Lot.

10.8 The Auctioneer acts on behalf of WBT and is not personally liable.

11. Title, Risk and Removal of Vehicles

11.1 Title to a Vehicle or Lot transfers to the Purchaser only upon full payment, including the purchase price and Purchaser’s Premium. The Seller retains ownership until full payment is received by WBT.

11.2 Risk remains with the Seller until the fall of the hammer, at which point it passes to the Purchaser. WBT bears no risk in any Contract for Sale of a Vehicle or Lot.

11.3 All Lots must be removed at the Purchaser’s expense once the full purchase price and Purchaser’s Premium are paid. If any Vehicle or Lot remains, WBT may charge a fee of £50 per Working Day, per Vehicle or Lot, whichever is greater.

11.4 Except in cases of fraudulent misrepresentation, Purchasers buy Lots at their own risk and have no rights to return, reject, or claim damages from WBT regarding the Vehicles or Lots.

11.5 The Purchaser is responsible for complying with all legal requirements for the Vehicle’s construction, use, and for obtaining necessary certificates, permits, and authorizations to use it on public highways.

11.6 From the fall of the hammer or sale of the Lot, the Purchaser is responsible for any road traffic offences, fines, or legal breaches related to the Vehicle’s use.

11.7 All Vehicles sold at the Auction are subject to the Purchaser’s agreement not to use them on public highways in the UK until they meet the necessary legal requirements. If a Vehicle does not comply with the Road Traffic Acts, Motor Vehicle Regulations, or other relevant laws, it cannot be driven off WBT’s Site under its own power. The Purchaser is also responsible for ensuring the Vehicle complies with the Health and Safety at Work Act 1974 or any applicable legislation if used in a workplace.

12. Safety During the Auction

12.1 All persons attending WBT’s Site (before, during, or after the Auction) do so at their own risk and must take necessary precautions to ensure their safety, as there will be moving vehicles on site.

12.2 Minors (under 18) may only be on the Auction Site if closely supervised by an adult. The adult is responsible for ensuring the minor only accesses the main Auction Centre and stays clear of the Vehicle Compound and moving vehicles.

12.3 If Vehicles are demonstrated to Bidders, it is at the Seller’s own risk.

13. Limitations of Liability

13.1 WBT includes its Auctioneers, employees, and sub-contractors in this Clause 13.

13.2 WBT is not responsible for any errors of description of the Lot, or for the authenticity of any Lot, or for any misstatement as to any matter affecting the Lot.

13.3 WBT shall not be responsible for the theft, loss of, or damage to any Vehicle or Lot during the demonstration of the Vehicle and before, during, and after the Auction process. Storage is at Seller’s or Purchaser’s own risk and WBT shall not be liable for any theft, loss of, or damage to any Lots whilst on its Site (or off Site). The Seller or Purchaser is advised to take out their own insurance to cover this possibility.

13.4 All implied conditions and/or warranties in respect of the Vehicles and the Lots are excluded to the maximum extent permitted by law.

13.5 WBT shall not be liable as a party to an Auction or Sale by Private Treaty between the Seller and the Purchaser. Neither the Seller nor the Purchaser of the Lot has any legal right of action against WBT, its Auctioneer, or its employees and agents in respect of any cause or matter arising out of the sale of the Lot and/or its Contract of Sale. In the event of a dispute, the remedy of a Purchaser shall be against the Seller only.

13.6 In the event that any warranty is given with any Lot at the time of the sale, it is provided by WBT solely as agent for and on behalf of the Seller. WBT shall not be liable for such warranty.

13.7 Any undertaking by WBT or their employees to take charge of any Lot or Lots after the sale or to dispatch them to their destination on the instruction of the Seller shall be solely at the risk and cost of a Seller and shall impose no legal obligation or liability on WBT.

13.8 Any undertaking by WBT or their employees to take charge of any Lot or Lots after the sale or to dispatch them to their destination on the instruction of the Purchaser shall be solely at the risk and cost of a Purchaser and shall impose no legal obligation or liability on WBT.

13.9 These Terms do not exclude or limit WBT’s liability for death, personal injury, fraud, or fraudulent misrepresentation.

13.10 WBT is not liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, to any Seller, Bidder, or Purchaser for any:

(a) loss of profit;
(b) loss of revenue;
(c) loss of business;
(d) loss of anticipated savings;
(e) wasted costs and expenditure incurred in relation to the Auction or their business.

13.11 WBT, including the Auctioneer, is not liable for any indirect or consequential loss or damage, however arising.

13.12 Subject to Clause 13.9, WBT’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise in connection with these Terms shall not exceed the amount paid or payable for the Vehicle or Lots.
13.13 The Seller, Bidder, and Purchaser acknowledge that these Terms are based on WBT excluding and/or limiting its liability, and that such exclusions and limitations are fair and reasonable given the circumstances at the time of application.
13.14 Each of the limitations and exclusions set out above is to be interpreted as a separate limitation or exclusion, applying where other limitations or exclusions are held unenforceable.

14. Indemnity

The Seller, Purchaser, and Bidder shall indemnify and hold WBT, its Auctioneer, employees, subcontractors, and agents harmless from any expenses, losses, legal fees, fines, penalties, claims, or damages related to any Vehicle or Lot, including those with outstanding Hire Purchase agreements, in the Auction, Private Treaty Sale, Paper Sale, or stored on a WBT Site.

15. Compliance with Legislation

15.1 The Seller, Bidder, and Purchaser shall comply with the Bribery Act 2010 and:

(a) shall not, and shall procure that no one associated with them shall commit any bribery offence or any act which would constitute a bribery offence (as defined in the Bribery Act 2010); and
(b) shall not do anything that could cause WBT, its Auctioneer, employees, subcontractors, or agents to commit a bribery offence or incur liability under the Bribery Act.

15.2  WBT will provide information only in compliance with current Data Protection Law.

15.3 The Seller, Bidder, and Purchaser must comply with Data Protection legislation and take measures to prevent unauthorized processing, loss, or damage to Personal Data under the Data Protection Act 2018 and GDPR.

16. Unforeseen Events

16.1 WBT shall not be liable for any delay or failure to fulfill its obligations due to causes beyond its control, including but not limited to acts of God, war, civil disorder, epidemics (e.g., Covid-19), strikes, government restrictions, or any other unforeseen events. If WBT is unable to fulfill its role, the Seller, Bidder, or Purchaser may make alternative arrangements. WBT shall not be liable in these circumstances.

16.2 The Purchaser must make all payments due before or after the event of force majeure, where the Contract for Sale or private treaty has occurred.

17. General Terms

17.1 WBT may assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Contract. The Seller, Bidder, or Purchaser cannot assign or otherwise transfer this Contract without the prior written consent of WBT.

17.2 Any variation to this Contract is only valid if in writing and signed by WBT and the affected party.

17.3 The Contracts (Rights of Third Parties) Act 1999 does not apply to this contract, and no third party can enforce or rely on any provision of this Contract.

17.4 WBT’s failure at any time to require strict performance of any provision of the Contract shall not waive or diminish WBT’s rights to demand strict performance of any part of the Contract.

17.5 Provisions intended to survive termination of the Contract will remain in effect.

17.6 If any court or capable authority finds that any provision of this Contract (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract will not be affected.

17.7 Notices under this Contract must be in writing and sent by pre-paid first-class post, hand delivery, or email to the recipient’s registered address or authorised representative. Notices by post are deemed received two business days after posting, hand-delivered notices upon receipt, and email notices the next business day after transmission, with proof of transmission.

18. The Whole Contract

18.1 The Terms and the documents referred to, contain the whole contract between the parties relating to the Auction and transactions contemplated by the Terms and supersede all previous agreements relating to the Auction.

18.2 The Seller, Bidder, and Purchaser acknowledge that in agreeing to accept these Terms, they have not relied on any representation, promise, statement or warranty, or other assurance except those set out in these Terms and the documents referred to in it.

18.3 Nothing in these Terms shall prejudice either party’s right to pursue a cause of action for fraudulent misrepresentation.

19. Applicable Law and Jurisdiction

This Contract is governed by the laws of England and Wales, and all parties submit to the exclusive jurisdiction of the English Courts.