NOT APPLICABLE BY 01.03.2021
1.0 Liability of BCA Bilauktion A/S
1.1 BCA Bilauktion A/S is solely the auctioneer and thus the broker of the auction sales, and the vehicles are sold on the individual vendor’s behalf and at their risk. The buyer cannot therefore bring a claim for defects against BCA, except for defective title, cf. below.
1.2 Regardless of the fact that BCA Bilauktion A/S is the broker, BCA Bilauktion A/S provides a guarantee in the event of a defective title liability. This is a service for the buyer at the auction, as a simple guarantor for the buyer's possible claim for compensation based on a defective title liability. However, BCA Bilauktion A/S's guarantee can never exceed the valuation price of the vehicle purchased at the auction at the time of repossession, but always a maximum of the purchase price paid at the auction, including fees, regardless of whether the buyer may have performed improvements and/or maintenance on the vehicle in question. Defective title means that a third-party has a valid retention of title for an outstanding debt in the vehicle sold at the auction, that the vehicle is stolen, or that the vehicle is encumbered by a lack of availability in the form of a valid registered mortgage deed or chattel mortgage on the vehicle.
1.3 The vendor is obliged to indemnify BCA Bilauktion A/S for any claim, including interest and costs, made against BCA Bilauktion A/S.
1.4 The vendor is obliged to redeem and cancel all forms of liability, residual debt and notes that may be registered on the vehicle. BCA Bilauktion A/S may require external assistance at the expense of the vendor in order to speed up this case handling. The vendor will also be invoiced for internal costs that BCA Bilauktion A/S may have in connection with the processing of the matter. BCA Bilauktion A/S has the right to withhold settlement of a vehicle to the vendor until it is documented that liabilities, residual debt and notes have been cancelled from the Registration of Title.
1.5 BCA Bilauktion A/S reserves the right to refuse registration, presentation, re-registration or re-presentation of a vehicle. This also applies if BCA Bilauktion A/S assesses that the minimum price stated by the vendor is outside the market level.
1.6 The vendor is obliged to notify BCA Bilauktion A/S if changes occur in the vendor's VAT registration circumstances, etc. If the vendor receives a settlement document that is not in accordance with the facts, the vendor is obliged to notify BCA Bilauktion A/S of this so that BCA Bilauktion A/S can correct the error.
2.0 Vehicle classification
2.1 The vendor places each vehicle in one of the 3 following mechanical condition categories. If the vehicle is placed in category A, B, C the vendor must also state at the time of registration, whether the vehicle has been used for commercial vehicle, drive school, taxi, emergency, ambulance or track racing, whether the vehicle has been damaged resulting in deformation of two or more load-bearing parts of the vehicle construction, whether the vehicle has been damaged by water or fire, and whether the vehicle has been altered in relation to its original registration purpose, function or design at the time of first registration. Vehicles placed in category C may, by prior agreement between the vendor and BCA Bilauktion A/S, can be put into an auction both with or without a minimum price. The vendor thus accepts that a vehicle is sold for the highest bid, if the vehicle is put into the auction as agreed without a minimum price.
Cat. A: No mechanical defect (insignificant noise can occur due to the vehicle’s age and mileage). Vehicles that are sold under this category must not have mechanical defects, and control and safety lamps for airbags, ABS and the engine must not be illuminated when the vehicle is started. Any complaints in this category can only be made on the above-mentioned parts and always with an excess of EURO 500,- + VAT. Damages, that are in the inspection report, cannot be claimed. Service and wear parts cannot be complained about, such as e.g. oil, brakes, battery, suspension, undervehicleriage, exhaust.
Cat. B: The engine, gearbox and differential must be functional in view of the vehicle's age and mileage (minor noise may occur). Any complaints in this category can only be made on the above-mentioned parts and always with an excess of EURO 500,- + VAT. Damages, that are in the inspection report, cannot be claimed. Service and wear parts cannot be complained about, such as e.g. oil, brakes, battery, suspension, undervehicleriage, steering wheel, rack/power steering, exhaust, clutch, flywheel, traction shafts, drive shaft, luminous airbag/particle filter lamps and ESP.
Cat. C: Purchased as seen in the mechanical and cosmetic condition in which the vehicle is found. Inspection and description of vehicles in this category are always indicative only. Considering the condition of the vehicle, it may be subject to defects, deficiencies and/or flaws, that have not been expressed by inspection or photography. This falls upon the buyers own risk. Vehicles in this category are purchased as seen, without any form of right to complain.
2.2 Previous damage/undisclosed damage
The buyer accepts that paint and bodywork may have been authorized out on several parts of the vehicle, which may have been performed due to paint damage/excessive paint wear and collision damage. These repairs are made according to the craft standards of the relevant country from which the vehicle originated (1st registered country), which is considered acceptable.
The vehicles are not checked by either BCA Bilauktion A/S or the vendor for any previous damage/accidents/collisions that have been repaired/remedied. Often the vendor has no information about this. If the buyer determines that the vehicle has had previous damage/accident/collision, this is not to be considered as a deliberate act by BCA Bilauktion A/S or the vendor. The buyer accepts that it is unknown whether the vehicles offered have had damage/accident/collision.
For vehicles with an age below 36 months, calculated from the 1st registration date and until the auction day, and driven less than 80.000 km, the buyer accepts unknown and/or repaired damage/accidents/collisions of up to EURO 2.000,- + VAT or 10% of the vehicle's auction price.
For vehicles with an age exceeding 36 months, calculated from the 1st registration date and until the auction day, and driven more than 80.000 km, the buyer accepts that it is not possible to complain about previously repaired and/or undisclosed damage, regardless of the price for repairs.
2.3 Cosmetic classification
Vehicles are not inspected on lift, and the undercarriage will not be checked for any damage and complaints cannot be made in this regard.
If the vehicle's external condition is inspected, this is done from a standard angle at 2-metres’ distance and at a 90 and 45-degree angle. Damage that is not visible from this distance, as well as normal cosmetic wear due to the age, mileage and official use of the vehicle, as well as cosmetic damage that can be repaired by "smart repair" methods, will not be inspected.
Vehicles are marked by normal traces of wear, given the age and mileage of the vehicle, which is not taken into account during inspection. Preparation and “smart repair” of purchased vehicles must always be expected.
The cosmetic condition of the vehicles is described by calculating the number of external parts with damage, where repair is to be expected. This includes: Paintwork damage (deep scratches), dents (straightening). Interior damage is described by photo, and is not part of the cosmetic classification. There may be up to several damages to a part / panel - even if there may be only a single image of the part / panel - however, the part / panel will still be considered as one unit.
Classification 1: 0 – 2 parts/panels with damage
Classification 2: 3 – 4 parts/panels with damage
Classification 3: 5 – 6 parts/panels with damage
Classification 4: 7 or more parts/panels with damage
Classification 5: Damage to several parts and/or collision damage on 1 – 2 parts with possible effect on underlying structural and mechanical components
Classification "-" (minus): No classification: major damage/heavily damaged vehicle
Rims: Damage to rims is not eligible for complaint.
Tires: No checks are performed to determine whether the proper tire dimensions are fitted or the type of tires (winter, summer, all-year tires, etc.). Also, extra wheels will not be checked. The buyer should be aware that the regulation tire dimensions may vary from country to country. BCA Bilauktion A/S and the vendor are not liable for incorrectly fitted tire dimension and damaged tire - no complaints can be made in this regard.
Windscreens/glass: There is no guarantee that there is information provided about damaged or cracked windscreens - no complaints can be made in this regard.
Odour problems: Odour problems may occur, and BCA Bilauktion A/S will try its best to provide information about this - no complaints can be made in this regard.
If there are items in the vehicle, e.g. extra wheels, the cabin is not inspected for any consequential damage they may have caused. The buyer accepts that such damage may occur and that they are not included in the vehicle description (inspection/pictures) and the classification of the vehicle.
It is incumbent on online buyers to inform themselves about the condition of the vehicle based on texts, links and photographs on the auction webpages.
2.4 Technical components:
Mechanical: Right of complaint about unknown defects in the engine, gearbox or differential. The vehicle's classification always applies.
Technical/other mechanical components: Depending on the defect, this is always evaluated based on the vehicles first registration year and mileage (assessed on a case by case basis).
Electronics: Depending on the type of defect, but this is always evaluated based on the vehicles first registration year and mileage (assessed on a case by case basis).
Service and wear parts: No right of complaint concerning e.g. brakes, suspension, undercarriage, exhaust, clutch, flywheel, axle shafts, transmission etc.
Setting/adjustment (tracking, axles, etc.): No right of complaint (Buyer’s risk).
Equipment: Equipment is not tested for functionality - no complaints can be made in this regard. Similarly, no inspection is performed to determine whether the vehicle has retrofitted equipment - no complaints can be made in this regard.
Loose items: There is no guarantee that loose items in the vehicle will be delivered or are present, (such as tire repair kit, warning triangle, spare wheel, SD card, locking bolt(s), lock tops, key for tow bar, pull ball, tools, boot tire, floor mats …) - no complaints can be made in this regard.
Charging Cables: It is not guaranteed that charging cables for electric or hybrid vehicles are included. If a picture of a charging cable is present, it will be included. If a picture is not present, the charging cable will not be included and can not be obtained from BCA Bilauktion A/S
2.6 Other accessories:
Regarding service/warranty booklet, extra key and COC document: This will be forwarded in cases where they are listed for the vehicle in the catalogue.
Regarding service book/keys: If they are visible on the pictures, the buyer will find them in the vehicle.
2.7 Age and mileage:
The bidder is obliged, before bidding, to check that the vehicle’s data such as chassis number, the vehicles first registration year, model year and production date are correct. BCA Bilauktion A/S always states the chassis number or registration number of all vehicles at all auctions, both on the website and in the auction catalogue.
All vehicles are sold on behalf of the seller with corresponding mileage guarantee. The mileage can deviate by +/- 2000 km from the number of kilometers specified in the catalog.
2.8 Other comments:
Online bidders have a duty to review all the available photos and condition reports before bidding. Photos and condition reports will always be prioritised ahead of text descriptions.
Bidders in the hall have a duty to inspect the vehicle, both internally and externally, before bidding.
Changes to the vehicle may occur up to the day before the auction.
Changes during the auction will be announced by the auctioneer and by a "popup" message.
3.0 The auction item
3.1 Neither the vendor nor BCA Bilauktion A/S are liable for performed maintenance, whether by authorised or independent workshops. The vendor or BCA Bilauktion A/S are also not liable for any maintenance not performed.
3.2 Except for classification cf. section 2, the vehicles are sold in the condition in which they are found on the fall of the auctioneer's hammer, as seen by the buyer, and without any warranty of any kind.
3.3 Unless otherwise stated, every vehicle is registered for auction in accordance with BCA Bilauktion A/S's regular registration conditions, which are available from the office on request and can also be found on www.bca.com .
3.4 In connection with an auction of a non-registered vehicle, BCA Bilauktion A/S may have obtained an indication of the expected size of the registration fee as guidance for the vendors. This indication is for guidance only, and does not obligate BCA Bilauktion A/S or the vendor in the event that the information provided is not correct.
3.5 A vehicle's registration certificate is always included, unless otherwise is stated. However, the aforementioned does not apply to a vehicle's insurance, since these are never included. If it is stated that the registration certificate will be forwarded afterwards, this will normally occur within 21 working days. In such cases, this is always disclosed on the vehicle in question. A somewhat longer processing time should be expected for sales from bailiffs, lawyers and finance companies, and it will normally take 2-3 months and sometimes longer, before any lien/mortgage is removed. For further information, please contact the office.
3.6 In the event of a loss occurrence on a vehicle stored at BCA Bilauktion A/S's storage area, and in the event that this loss occurrence may be covered by BCA Bilauktion A/S's insurance policy, BCA Bilauktion A/S will offset a customer excess of up to EURO 4.000,- + VAT per loss occurrence in any compensation sum. A loss occurrence means theft/loss of all types of accessories/detachable parts from vehicles, including, e.g. radio fronts, navigation and infotainment software/hardware, extra wheels, hat shelves, removable tow bars, code cards and the like.
3.7 The buyer has a responsibility after delivery/receipt of the vehicle and the related registration certificate´s, to verify that the following is in accordance with the information in the catalogue/online catalogue:
- Vehicle chassis number
- VAT and tax status
- Remarks (e.g. cancellation, leasing/rental clause, which entail regulatory requirements for inspection or other requirements)
- 1st registration date
3.8 If a vehicle purchased from BCA Bilauktion A/S is to be registered in another country, the buyer is required at all times to get bearings about the rules and regulations for this. BCA Bilauktion A/S cannot help with this - nor can additional documents / effects, that were not supplied with the vehicle, be obtained from BCA Bilauktion A/S
4.0 Auction proceedings
4.1 Bids are legally binding and cannot be reduced or cancelled after submission.
4.2 An auction catalogue is prepared for the auction. The auction catalogue is for guidance only and the right is reserved to announce changes during the auction.
4.3 If more than one bid is received at the same time, the auctioneer will decide who gets the bid.
4.4 The auctioneer is entitled to change the order in which the vehicles are auctioned.
4.5 Only data displayed on the screens and announced by the auctioneer is valid. Number and data signs in the vehicles are only indicative and do not constitute grounds for liability for BCA Bilauktion A/S.
4.6 The size of the minimum bid and the minimum size of a higher bid is determined by the auctioneer.
4.7 The individual sales occur by hammer stroke being given to the highest bidder after three repeated calls without a higher bid, subject to section 4.13.
4.8 If, after a hammer stroke, there is any doubt about who is the highest bidder, a new call will be made. This is always decided by the auctioneer.
4.9 The bidder may be requested to provide a bid bond, both during and after the auction. The size of the bond will be determined by BCA Bilauktion A/S.
4.10 Anyone bidding on behalf of someone else thereby obligates themselves as a guarantor.
4.11 If several parties purchase together, they are jointly and severally liable.
4.12 If the minimum price is not reached, the vendor/auctioneer may decide that no hammer stroke may be given, whereby the vehicle is withdrawn.
4.13 If the auctioneer considers that the highest bid is outside the market level, the auctioneer may choose not to make a hammer stroke and to withdraw the vehicle.
4.14 The buyer must, immediately after the hammer stroke, indicate their bidder number (possibly name & address) to the auctioneer. If the buyer does not provide the completely correct bidder number, the auctioneer will decide whether the vehicle should be presented for auction again. This provision does not relieve the buyer from liability for damages with respect to both the vendor and the auctioneer.
4.15 Any transaction on BCA Bilauktion A/S's premises must be registered on the auctioneer's forms and otherwise comply with these auction terms and conditions.
4.16 If BCA Bilauktion A/S accidentally auctions off an incorrect vehicle, or with incorrectly stated VAT or registration tax status, the buyer and vendor are obliged to allow the transaction to be reversed, without the buyer thereby being entitled to invoke remedies for non-compliance against the vendor or bring a claim for damages against BCA Bilauktion A/S. Notwithstanding the above, BCA Bilauktion A/S will be liable for damages for the immediate documentable expenses that the buyer has had on the vehicle in question, e.g. outlay for fuel and transport costs.
4.17 In vehicles descriptions where it is explicitly stated, that the seller has applied for a luxury tax return, BCA Bilauktion A S undertakes as intermediary, the obligation to the seller, of exporting the vehicle, and obtaining export documentation, according to the seller's obligations, cf. corresponding guidelines from SKAT. Accordingly, the vehicle cannot be purchased by a Danish company with Danish VAT number.
4.18 BCA Bilauktion A/S records the auctions on video and audio, and video and audio are broadcast in real time via the internet to the registered online users. BCA Bilauktion A/S's premises are video monitored. The recordings are kept for 30 days.
5.0 Purchase price and fees
5.1 The auction fee plus VAT is added to the amount bid in accordance with the applicable list of fees, which is printed at the end of the present auction terms and conditions and on www.bca.com. If the vehicle is subject to VAT, the VAT rate applicable at any given time will also be added. Fees are invoiced with the same VAT status as the vehicle's bid amount.
5.2 The buyer receives an email containing an invoice stating the bid amount, fee and transport – cf. section 6.3. The invoice must be paid immediately upon receipt. Payment must be made by transfer from the buyer's bank. BCA Bilauktion A/S is at the earliest obliged to hand over the vehicle for transport when the payment is visible and irrevocably received by BCA Bilauktion A/S. Cash, checks and card payments are not accepted.
5.3 The ownership of the purchased vehicle will only be transferred to the buyer when the purchase price with any interest and costs is fully paid to BCA Bilauktion A/S and duly documented. Until the full purchase price is paid, including interest and costs, and the vehicle has been handed over to the buyer, the buyer has no right of disposal over the vehicle in any respect, including reselling the vehicle, registering the vehicle, borrowing on the vehicle, reporting the vehicle for export, having a new registration certificate issued, etc.
5.4 If the purchase price is not paid on time cf. section 5.2, the auctioneer will decide whether the vehicle should be presented for auction again, and whether the purchase by the buyer must therefore be cancelled. This provision does not relieve the buyer from liability for damages with respect to both the vendor and the auctioneer. The auctioneer determines the amount of compensation for which the buyer is liable in each case. If the buyer does not comply with the payment deadline or liability for damages, the buyer may risk exclusion from the auction as well as legal consequences.
5.5 Payment to the vendor takes place when satisfying access is documented, usually in the form of a registration certificate from a previous owner, and when the buyer has paid the full purchase price to BCA Bilauktion A/S. Payment to the vendor occurs by bank transfer.
5.6 If the purchase price is not paid correctly, cf. section 5.2, interest is added per commenced month calculated from the date of the hammer stroke until payment is made. The interest rate is + 7% + compound interest according to the rate of the National Bank of Denmark.
5.7 There is a lien on the purchase price and fees pursuant to the Auctions Act, and claims can be recovered by statutory debt collection. The rules and claims of the Administration of Justice Act can therefore directly form the basis for enforcement.
5.8 In accordance with the applicable industry standard, an agreement on "self-billing" is considered to be concluded, unless otherwise agreed in writing, and BCA Bilauktion A/S issues a payment voucher in connection with any sale.
All vehicles purchased at BCA Bilauktion A/S are subject to mandatory transport arranged by BCA Bilauktion A/S. It is not possible to pick up on your own, or order transport via a third party.Purchased vehicles cannot be transported until valid payment has been received and confirmed by BCA Bilauktion A/S.
For vehicles that cannot drive or are otherwise faulty to move, as well as caravans, trucks and other large vehicles, BCA Bilauktion A/S may have to ask the buyer to arrange their own transport. This must always be agreed on forehand with BCA via [email protected]
6.2 Foreign dealers inside EU with a valid international VAT number within the vehicle industry have following options:
- Mandatory transport through BCA Bilauktion A/S. The vehicles must be delivered to the foreign company’s address to which the vehicles are invoiced or at an address that is legally linked directly to the buyer and in the same country. Contact [email protected] for price information.
- In cases where vehicles cannot drive or vehicles don’t fall under the standard size category, may have to ask the buyer to arrange their own transport. In such cases, the buyer can collect the vehicle by paying the Danish VAT of 25%, which will be assigned to the purchase price. In advance this must be cleared by and approved in writing by BCA Bilauktion A/S. Valid export documentation must be received within 3 months of the purchase, in the form of a copy of the registration certificate from the country to which the vehicle is invoiced. If the documentation is approved by BCA Bilauktion A/S as legitimate export documentation, the amount paid of 25% will be refunded. If the documentation is not presented within 3 months of the date of purchase, BCA Bilauktion A/S cannot guarantee that the amount of VAT paid can be refunded to the buyer, since the amount must be paid to SKAT within this period. This must be arranged and approved by contacting [email protected]
6.3 Foreign dealers outside EU with a valid international VAT number in the vehicle industry have the following options:
- The buyer arranges the transport of the vehicle. The buyer can collect the vehicle by paying Danish VAT of 25%, which will be assigned to the purchase price. In advance this must be cleared by and approved in writing by BCA Bilauktion A/S. Export documentation must be received within 3 months of the purchase, in the form of a copy of the registration certificate from the country to which the vehicle is invoiced or an EUR1 customs document. If the documentation is approved by BCA Bilauktion A/S as legitimate export documentation, the amount paid of 25% will be refunded. If the documentation is not presented within 3 months of the date of purchase, BCA Bilauktion A/S cannot guarantee that the amount of VAT paid can be refunded to the buyer, since the amount must be paid to SKAT within this period.
- 2. Transport is arranged by BCA Bilauktion A/S, but the delivery time can be up to 4-6 weeks. The vehicle must be delivered at the foreign business address to which the vehicles are invoiced or at an address legally linked directly to the buyer and always in the same country. In cases where vehicles cannot drive or vehicles don’t fall under the standard size category, BCA Bilauktion A/S may have to ask the buyer to take care of the transport. Contact [email protected] for further information.
6.4 Full loads depend on the size, type and number of the vehicles and will be determined by BCA DK.
Cars are booked for transport after each concluded auction regardless of single cars or full loads.
Cars purchased in different auctions or different occasions will be booked separately.
BCA Bilauktion A/S cannot be held liable for late delivery if the buyer incurs unforeseen costs as a result.
7.0 The vendor's responsibility for defects and omissions
7.1 For a vehicle placed in the category C, the buyer will not be entitled to invoke remedies for non-conformance, including claims for compensation against BCA Bilauktion A/S, cf. section 2.1. The only exception to this is defective title, cf. section 8.2. The same applies to vehicles classified in categories A and B if the bid price, excluding fees and VAT, is EURO 2.000,- or less.
7.2 The buyer can only cancel an auction purchase if:
- a vehicle is presented in too high a category, provided that the vehicle is returned immediately and without delay, taking into account sections 8.2 and 8.3, and that the buyer has not had the vehicle registered or re-registered.
- a vehicle's chassis number does not correspond to the vehicle's registration certificates, or if the information provided does not correspond to the vehicle's registration certificates or its actual data, and if this difference is significant for the buyer. The same applies if the vehicle's registration certificates are stamped with remarks, such as deregistration, which entails regulatory requirements and inspections, if this is not disclosed during the auction, cf. section 8.
- if there is defective title, i.e. there are third-party rights to the purchased vehicle in violation of the buyer's rights (residual debt under a retention of title contract, an owner’s mortgage or chattel mortgage in the vehicle, or if the vehicle is stolen).
- the reported mileage for a vehicle differs significantly from the actual mileage, cf. section 2.7 and cf. section 8.
8.0 Complaints and deadlines
8.1 Any complaints contains an excess of EURO 500,- + VAT and objections from the buyer must be made in writing and in a timely manner via the claim form on the website. https://www.bca.com/da-DK/dk/Kontakt/Reklamation/
8.2 If a vehicle is registered, the rights to complain are forfeited.
8.3 BCA Bilauktion A/S reserves the right to ask the buyer, at his own expense, to obtain quotations for repairs from a 3-party workshop, or to attach tests (e.g. for activated engine lamp) if this is found necessary.
8.4 The deadline for timely complaints is maximum 24 hours after the vehicle has been delivered to the buyer, cf.section 5.2.
8.5 The complaint will not be processed if the complaint deadline is exceeded. A complaint of a cosmetic nature must be noted on the carrier's copy of the consignment note. A complaint of a mechanical/technical nature must be explained in writing and documented, if necessary, in the form of pictures or video recordings. Complaints must be submitted to BCA cf. section 8.1.
8.6 If the buyer presents objections to the vehicle's classification, BCA Bilauktion A/S will decide whether the buyer's objections are justified. The buyer can cancel the purchase if the vehicle has been placed in too high a category.
8.7 If a vehicle is returned:
- The buyer is not entitled to claim compensation for any improvements made to the purchased vehicle, such as maintenance costs incurred or fuel charges/transport.
- The transport costs to the buyer are always regarded as the buyer's excess. The excess of EURO 500,- + VAT will always be deducted from the transport costs to the buyer. If the transport costs are higher than the excess, this will be compensated.
- The cost of return transport will always be borne by the seller.
- Refund of the receivable will be repaid to the buyer when BCA Bilauktion A/S has received the vehicle and the associated registration certificate.
8.8 Legal venue: All disputes, disagreements and claims arising directly or indirectly from an auction at or through BCA, must be settled at the Court of Kolding as the first instance and settled according to Danish law. The CISG (The United Nations Convention on Contracts for the International Sale of Goods) shall not apply, and international civil law rules of Danish law will also not apply if these would lead to the application of legislation from a country other than Denmark.