BCA Vehicle Remarketing AB, Sweden
BCA Direct – Terms and Conditions of Use
• Schedule 1
• Schedule 2
• BCA Direct – Vehicle Description
BCA Direct Sweden- Terms and Conditions of Use
Notice: The Swedish language version of these Terms & Conditions is valid above all translations.
In these terms and conditions 'BCA Direct' shall mean, BCA Direct c/o BCA Vehicle Remarketing AB, Regementsgatan Byggnad 411, Almnäs, Box 5208, S-15113 Södertälje Sweden and the 'Buyer' shall mean any person or body corporate using the BCA Direct service for any of the purposes set out in Schedule 1.
• A) BCA has established an electronic system for the sale and purchase of motor vehicles from The Seller (hereafter called the BCA Direct service), the particulars of which are set out in Schedule 1 .
• B) BCA intends to promote the BCA Direct service by offering the facility to a selected number of its customers who will be required to enter into an agreement on these terms and conditions.
• C) BCA wishes to offer the BCA Direct service to the Buyer. The bidders/auction buyers who are authorised to attend the BCA Direct service will be exclusively car dealers. An access authorisation comprising user name and password will be issued to the registered dealers. BCA has the right to refuse persons access to the system without specification of reasons
D) The Buyer wishes to use the BCA Direct service.
NOW IT IS AGREED:
1. Terms and Conditions
1.1 BCA will provide the BCA Direct service to the Buyer on the terms and conditions contained within this Agreement.
2.1. The Buyer agrees to use the BCA Direct service for the purchase of vehicles and further agrees that it will do so on the terms and conditions contained herein either through acceptance using registration data, or through provision of information on the internet platform.
All offered vehicles, accessories and other items offered in the BCA Direct service are sold in the name of The Seller but invoiced in own name. BCA Direct/BCA is entitled to collect the purchase price plus the auction fee in its own name and, if necessary, to pursue the payment claim through legal channels and/or cancel the purchase contract.
2.2 Any purchase made by the Buyer using the BCA Direct service shall be an absolute purchase and the Buyer is contractually committed to complete the transaction save where the vehicle is proven to
2.2.1. Have a defective title
2.2.2 Have been, or have been treated as, an insurance total loss and such fact was not disclosed on the BCA Direct service.
2.2.3 Has higher mileage than displayed on the BCA Direct Service, due to false odometer reading. Have had its odometer altered provided that the mileage reading is stated to have been warranted on the BCA Direct service.
2.2.4 Have serious exterior and/or interior condition defects not disclosed on the BCA Direct service.
The specifications of the vehicles, accessories and other items offered in BCA Direct service are based on the information from The Seller and minor discrepancies are acceptable. BCA Direct/BCA does not warrant the information from The Seller.
The offered vehicles and other offered items are sold in the state they are in at the time of sale. Used vehicles, as well as used accessories and other used items are offered in the BCA Direct system without mechanical warranty. Malicious non-disclosure of defects are excluded.
The Parties hereby agree that externally visible traces of use are acceptable, e.g. missing or defective wheel caps, minor cracks in windows and lamp glasses, scratches, small abrasions through collision with stones, and dents caused by careless opening of doors. The same applies to small scratches penetrating to the sheet metal. The Buyer cannot require that the agent undertake the costs for repairing these items of damage. A total damage indemnity of SEK 2.800,00 exclusive VAT (SEK 4.700,00 exclusive VAT for light commercial vehicles up to 3,5 tonnes) is contained in the vehicle purchase price for minor damages and defects exceeding the damage specifications or damage report. This also includes missing (small) parts, e.g. replacement keys, ashtrays, fuel-tank caps etc. or the particular features of fittings. No costs will be accepted for preparing these vehicles for sale (fx inspection, oilservice, replacement of parts for normal maintenance, body-/paint-repair, smart-repairs, reconditioning etc.)
Any claims under the purchase contract can be asserted only against The Seller , who is represented by BCA Direct/BCA. Existing manufacturers’ guarantees shall not be affected hereby.
For each bidding round, the purchase contract shall be concluded as soon as BCA Direct/BCA confirms the bid of the Buyer, and inform the Buyer of his successful bid. Upon purchase, all risk for the vehicle purchased, or for any other item(s) purchased, shall be transferred to the Buyer.
For each bidding round, BCA Direct/BCA will check the bids received at its conclusion and release vehicles on attainment of the minimum price to the highest bidding Buyer. BCA Direct/BCA reserves the right to reject bids without giving a reason.
Upon sale or acceptance of bid in the system, risk for the vehicle purchased, or for any other item(s) purchased, shall be transferred to the Buyer, who shall be both required and entitled to collect the vehicle immediately, subject to BCA Direct/BCA’s statutory right of retention, and as set out in these Terms & Conditions. The Buyer will be reminded that he will be in arrears of acceptance if he delays taking the vehicle. A storage fee of SEK 50,00 excl. VAT per vehicle per day will be charged to the buyer, if he delays taking the vehicle.
The purchase price stated is ex current location and is strictly net. Swedish VAT will be calculated on the bid (hammerprice) and charged separately in the buyers invoice. The Buyer shall pay any transfer costs, unless otherwise agreed.
The item purchased shall remain the property of The Seller until all claims due to BCA Direct/BCA under the purchase contract have been met. Should the buyer be a professional, for whom the contract is part of his business, this proviso of ownership shall also apply to receivables due to BCA Direct or BCA from its current business relationship with the buyer. Should the Buyer fall into arrears of payment, BCA Direct or BCA may require the Buyer to surrender the item purchased.
The Buyer shall not be entitled to dispose of the item purchased during the period of reservation of ownership; in particular he shall not sell it to another party, transfer it as a security, pledge it, or take any other measures to diminish the Buyer’s security. Nor shall he take the vehicle abroad.
Should payment be in arrears, SEK 40,00 exclusive VAT shall be charged for each reminder. Arrears interest shall be applied at 8% over the reference rate of the Swedish National Bank (Riksbanken), unless the law allows higher interest charges.
3. Responsibilities of Buyer
3.1 The Buyer must provide BCA Direct/BCA with
3.1.1 Its registered company address
3.1.2 Its VAT registration number
3.1.3 Bankconnection, Clear number and Account number
3.1.4 Buyers from EC countries outside Sweden (I/C) are required accept special supplementary BCA car auction conditions, designed for secure and proper inter-community transactions and transfer of used vehicles.
3.1.5 Buyers from countries outside the European Union (EXPORT) are required to accept special supplementary BCA car auction conditions for export.
The buyer gets from BCA Direct/BCA an user name, a password and a PIN Code, to get access into the BCA Direct System.
The buyer must keep user name, password and PIN-Code confidential and to ensure that no unauthorised third party can make use these.
Should the Buyer suspect that an unauthorised person has obtained illicit knowledge of user names, passwords and/or PIN codes, the former must inform BCA thereof immediately. Until receipt of this warning by BCA Direct/BCA, the Buyer shall be responsible for all transactions made in his name using user names, password and PIN code.
3.2 The Buyer must ensure that it has sufficient funds available to complete the payment of a purchase made by the Buyer. Payment will be made by electronic transfer no later than one day following date of invoice, without deduction for costs of funds transfer. Payment details will be provided on the invoice.
3.3 Has the Buyer submitted a bid and has BCA Direct/BCA confirmed this bid as beeing the highest bid, this shall bind the Buyer to acceptance and to pay BCA Direct/BCA. The purchase price (the level of the successful bid, if appropriate) shall be composed of the total purchase price, plus the auction buyers fee valid at the respective time of sale and set by BCA Direct/BCA. The purchase price is payable on effectuation of contract. The Seller reserves the right of ownership to the vehicle sold, its accessories, and any other items sold, until full payment of the purchase price. The Seller or BCA Direct/BCA shall retain the vehicle’s log book until full payment of the purchase price. All items purchased must be collected immediately, and in any case within 3 working days from the auction or following purchase.
Has the Buyer submitted a bid and has BCA Direct/BCA confirmed this bid as beeing the highest bid, this shall bind the Buyer to collection and payment to BCA Direct/BCA. Should the Buyer refuse to make collection, or should he withdraw for justified reasons, damages shall amount to an all-inclusive sum of 10% of the gross purchase price including VAT, unless the buyer can demonstrate that the damages were less or the agent can demonstrate that they were more.
The purchase price, the prices for ancillary services, and all costs disbursed shall be payable by irrevocable bank confirmation prior to release of the item purchased. Payment must be made no later than 1 day following purchase in the system.
Other payment methods will only be accepted following particular written agreement and only by way of payment, including all collection and discount fees.
By way of business, BCA Direct/BCA will arrange transport of the vehicle to the buyer. The Buyer shall reimburse BCA Direct/BCA for all costs arising from such transport which are added to the purchase price, such costs to be previously stated.
4. Responsibilities of BCA Direct/BCA
4.1 Once sold, the risk in the vehicle meaning any theft of, or from, the vehicle and/or for any damage to the vehicle, passes to the Buyer save for damage occurring whilst the vehicle is in the custody and control of BCA Direct/BCA, which is proven to be the legal liability of BCA Direct/BCA.
4.2 BCA Direct/BCA will use its reasonable endeavours to ensure that any vehicle, details of which have been placed on the BCA Direct service, will be available to the Buyer whilst the vehicle is on the BCA Direct service.
4.3 BCA Direct/BCA will also ensure that the vehicle details are removed from the BCA Direct service upon the sale of the vehicle.
4.4 BCA Direct/BCA will accept the rescission of a purchase contract subject to the arbitration procedure, if the Buyer can prove its claim made under any of the provisions of clause 2.2, and provided that the Buyer makes its complaint, in writing, by fax or e-mail, within the time shown below, and to commence at the time of delivery of the vehicle to the Buyer's premises.
Section Description Timescale
2.2.1 Defective title 30 days
2.2.2 Total insurance loss 7 days
2.2.3 Has higher mileage than displayed on the BCA Direct Service, due to false odometer reading. Have had its odometer altered provided that the mileage reading is stated to have been warranted on the BCA Direct service. 7 days
2.2.4 Serious exterior/interior defect 4 hours
4.5 BCA Direct/BCA undertakes to use it best endeavours to resolve any complaints arising under clause 4.4 with the The Seller and will reimburse the Buyer with the purchase price if the complaint is accepted by the The Seller. Such reimbursement shall be paid to the bank connection registered upon application to BCA Direct/BCA.
5. Arbitration Procedure
5.1 In the event of a dispute arising over a complaint made under clause 4.4 or where the Buyer claims the vehicle was damaged in transit to premises the matter will be dealt with in accordance with the arbitration procedure (set out in schedule 2).
6. Buyer's Fee
6.1 All purchases made by the Buyer shall be subject to the addition of a Buyer's Fee. As per the 1st of January 2018 the buyers fees was SEK 3980,00 exklusive VAT, per vehicle bought plus an additional SEK 1 900,00 cross border administration fee, exklusive of VAT, per vehicle bought.
6.2 The Buyer's Fee shall form part of the purchase price and will be paid by the Buyer at the same time as the payment of the purchase price.
7.1 The Buyer will provide at its own cost a PC to operate BCA Direct System. Such a PC shall have a minimum specification to meet the following requirements:
• · PC with Pentium / MD Processor
• · 64 MB RAM
• · Internet Access via Internet Explorer 5.5 or above
8. Value Added Tax
o 8.1 All charges levied by BCA Direct/BCA herein are subject to the addition of Value Added Tax (VAT) at the rate prevailing at the time.
o 8.2 EU buyers arranging their own transport may be required to lodge a VAT deposit at the rate applicable in the country of sale. This deposit will be refundable on production of evidence of the vehicle(s) being imported into another EU country.
o 8.3 Non-EU buyers will be required to lodge a VAT deposit at the rate applicable in the country of sale. This deposit will be refundable on production of evidence of export.
o 9.1 All prices and charges hereunder are in Swedish Krones and must be paid in Swedish Krones.
10.1 This agreement shall be governed by and construed in accordance with Swedish Law and the parties hereto agree to submit to the exclusive jurisdiction of the Swedish Courts.
The place of fulfilment and jurisdiction is Stockholm.
If one of the afore stated provisions is invalid, this will not affect the validity of the other clauses contained in the afore provisions. A valid regulation, which corresponds as far as possible with the economic purpose of the invalid clause, shall replace the invalid clause.
No transfer of rights or duties under the purchase contract shall be allowed without the written permission of the supplier.
Agreements and subsequent contractual changes are only binding when they are confirmed in writing
SCHEDULE 1 - The BCA Direct service
BCA Vehicle Remarketing has developed an electronic used vehicle transactional system called the BCA Direct service which will be operated by its BCA Vehicle Remarketing AB. It is designed primarily as a vehicle wholesale system for The Seller Corporation enabling The Seller to offer vehicles for sale to professional car dealers (buyers) on a full "locate and transact" basis. The BCA Direct service uses the Internet as the method of communication and as such customers will be required to use technology which allows access to the Internet via the appropriate software on PC's provided by them and located at their own premises. All customers of the BCA Direct service will be selected by BCA Vehicle Remarketing AB and will need to satisfy certain entry qualifications. BCA Vehicle Remarketing AB has the right to determine final customer selection.
Access to the BCA Direct service is via the web-site and appropriate security (Passwords, User Identification Codes and Personal Identification Numbers) will be issued to all customers, prior to being set-up to use the service.
The main features of the BCA Direct service are as follows:
Methods of sale • · Fixed Price Purchase at Price Displayed
• · Electronic Real Time Auction
• · Electronic Tender Bid
Stock Locator • · By Make, Model, Derivative, Engine Size, Body Type, Transmission Type, Fuel Type, Age and/or Price
• · By Sales or Vehicle Type Grouping and/or the Seller category
• · Vehicle Condition Descriptions including Images
On-line Transaction • · On-screen sales advice reporting
Retail Showroom Use • · Buyer's Ability to Pre-Programme Profit Mark-Ups
• · Functionality to Switch Between Wholesale and Retail Price
• · Print Screen Details
Charges • · The Sellers Fee as detailed in agreement
• · Buyer's payment to include:
• · Purchase Price
• · VAT (as appropriate)
• · Buyer's Fees (as appropriate)
• · Transport Fees as displayed on the BCA Direct website, at the time of purchase
Customer Support • · To be provided by BCA Direct during normal working hours.
SCHEDULE 2 - The BCA Direct service Arbitration Procedure
1. In the event of a vehicle complaint, the Buyer must inform the BCA Direct office by fax within 4 hours of receipt of the vehicle. The fax/e-mail must be marked for the attention of the BCA Direct Sales Coordinator.
2. The faxed complaint must include:
• · full details of the complaint
• · a copy of the signed and dated Proof of Delivery document (POD) applicable to the vehicle with damage/fault/missing item clearly marked
• · No claim will be processed without an endorsed POD.
3. BCA Direct will acknowledge receipt of the claim within one working day and provide a claim reference number.
4. Every effort will be made to resolve the complaint by telephone within one working day of the notification of the complaint.
5. Subject to the nature of the complaint an arbitration inspection may be arranged.
6. If required, an inspection of the vehicle will be arranged and completed within 5 working days of receipt of the complaint.
7. BCA Direct will advise the buyer of the outcome of the inspection within 2 working days.
8. If the complaint is validated, BCA Direct will rescind the contract in accordance with clause 4.4 of this Agreement.
9. Should the vehicle comply with the standards and description at the time of purchase, the claim will not be validated. The purchaser will be liable for the cost of the arbitration.
10. If either party shall dispute the finding of the BCA Direct arbitration it shall have the right to refer the matter to the arbitration of an external and independent arbitrator to be appointed by BCA.
BCA Direct - Vehicle Description
The buyer accept that vehicle faults and defects, which has not been displayed in the BCA Direct System in a vehicle damage description report, can only be processed, if the total repair costs of such defects exceed SEK 2.800,00 exclusive VAT for passenger cars and SEK 4.700,00 for light commercial vehicles up to 3,5 tonnes. Defects with total repair costs lower than this amount are at the buyers own risk.
Body work is viewed from a standard viewing angle, 2 metres at 90 degrees from the vehicle and / or from an angle of 45 degrees each way. Dents or paint work defects deemed unacceptable must be visible from the standard viewing angle. Unacceptable defects visible from this view will be displayed for each single vehicle in BCA Direct in a vehicle damage description report.
Acceptable and normal tear and wear, for instance as described in the sections below, will not be displayed in the vehicle damage description reports in BCA Direct and the buyer accept that he can not claim such defects. The perception of acceptable tear and wear must always be put into context, with the actual milage of the vehicle.
Up to 4 stone chips per panel on forward facing panels are acceptable
Scuffing or any scratches or where the metal is not exposed and/or rusty and which can be polished out are acceptable.
Touch in repairs are acceptable provided there is good colour match and they are not easily visible from the standard viewing angle.
Scratches to paintwork less than than 10mm in length are acceptable.
Light scratches and scuffing around door apertures, key holes and fuel filler caps are acceptable.
Paint repairs are acceptable, provided there is no mismatch between panels or preparation marks or visible overspray or dirt in the paint.
Small dents on lower panels, which can only been seen by a ‘body line check’ are acceptable
Minor body dents (supermarket dents) are acceptable, provided that:
They are less than 20mm in length
They have not caused paint cracking or flaking
Previous repair damage should not be noticeable under normal scrutiny
Bumper Section and Rubber Strips
Scratches and/or abrasions to painted bumpers and side rubbing strips are acceptable provided they do not penetrate through to the base material and are less than 100mm in length.
Bumps or dents on bumpers or rubbings strips are acceptable if they are less than 20 mm in diameter.
Paint damages which are normal tear & wear, taking vehicle age and milage into consideration, are acceptable.
Discolouring through external impacts e.g. weather condition, grit, is acceptable, unless caused by wrong usage of chemicals or reinforced detergents.
Window Glass and Lamp Glass
Stone chips to windscreen up to 2mm are acceptable, providing they do not obscure the drivers vision in the left side wiper area, and have not caused cracks.
Stone chips or scratches to headlights, fog lights or indicators not breaking the glass and not harming the function are acceptable.
Scuffing or scratches with a length of 50 mm, not penetrating the paint material or the basic material in case of unpainted mirrors, are acceptable.
Wheels and Wheel Trims
Scratches or scuffing to wheel caps, which do not break the material or deform the wheel cap are acceptable.
Rim damage is acceptable up to the point of flange distortion extending to 25mm.
A profile of 2mm on tyres is acceptable.
Seats showing traces of use, threadbare upholstery and typical abrasion on seats are acceptable.
Upholstery which has given way to weight and resulted in wavy sides of the seat is acceptable.
Wear, traces of typical abrasion and soiling through normal use is acceptable, given that the fabric is not torn.
Fittings from additionally built-in accessories left in the vehicle are acceptable.
Holes from de-installed telephones and hands-free devices are acceptable, provided that they are at the sides of the consoles, or not easily visible from the drivers seat position.
Floor carpets showing signs of usage, discolouring and scuffing are acceptable.
Surface scoring and light blemishes on plastic and trim panels in the luggage area, backside tailgate, on doorsteps and lower inner door area, are acceptable.
Worn out steering wheel, gear lever, handbrake lever etc. with signs of usage are acceptable, provided the material is not torn.
The vehicles have not been subject to a under body control.
Dents, scuffing and scratches to the under body and parts mounted under the body are acceptable.
Rust on parts mounted under the body are acceptable.
All vehicles have passed a short test drive, but have not been subject to a detailed inspection of mechanical components.
The vehicles will be offered without major mechanical defects on engine, clutch, transmission, differencial, driving shafts and steering gear.
Minor defects to other mechanical components, as for instance wheel bearings, are acceptable
Ignition system, aircondition, cabine heater/ventilator units, power windows, sunroof, side mirror engines, wiper engines, will be tested for proper function. Defects to other electrical components, as for instance lights, are acceptable.
Engine control lamps, airbag lamps, ABS lamps and generator lamps, will be checked. Errors on other control lamps are acceptable.
Repaired pre-damages, repaired accident damages, carbench chassis calibrations, chassis cut through and weld repairs, are acceptable. The Buyer is under obligation to, on his own behalf, to check the vehicle for eventual pre-damage and BCA Direct/BCA has no responsibilities of any kind in this context.