a) SPLA: means S.P.L.A. - Portuguese Society of Car Auctions, SA, which uses the trademark BCA VEHICLE ReMarketing and organizes and conducts the auction, acting as agent of the seller.
b) Town Crier: employee or representative of the SPLA, which leads and directs the auction.
c) Participant means any person registered to bid in a given auction.
d) Buyer: author of the highest bid accepted by the auctioneer to the beat of the hammer, or through a special agreement of sale.
e) Vendor: owner or his representative, duly accredited to register the car to be auctioned.
f) Vehicle means any kind of motorized vehicle use, including cars and trucks, motorcycles, caravans, tractors or other.
g) car specs: document to be completed by the seller with a description of all information relating to the vehicle to present the auction, which includes the establishment of a mandate to sell in favor of the SPLA.
h) Application Form: document to be completed by all those interested in participating in the auctions of the SPLA.
i) Lot: one or more vehicles brought to auction with a number.
j) Lance: any price offered by the participants for a specific lot.
l) fee: remuneration owed by the seller to the SPLA, allowed for each car at auction.
m) Commission for sale: SPLA to the remuneration payable by the seller for each car sold in a given auction.
n) acquisition rate: remuneration owed by the buyer to the SPLA, for each vehicle purchased in a given auction.
o) Other services: all service requests to the SPLA in its activities, including transporting, washing, preparation, technical report, etc..
p) reserve price, minimum price required by the seller for the car to be auctioned.
q) Hammer Price: highest bid offered at auction for a particular lot, which represents its sale value.
r) V D. C. (Amount owed by the buyer) is the value to be delivered by the purchaser of the lots, as the sum of the purchase price, acquisition rate and price of other services required by this as well as all taxes or fees to the State or any other public entity.
s) V D. V. (Amount owed by the seller): corresponds to the value to be delivered by the seller of a particular batch, consisting of the admission fee, commission on sale price and other services required by this as well as all taxes or fees to the State or any other public entity.
t) Technical report: A document prepared by one or more technical experts from the SPLA, the result of an inspection and evaluation to the state of the car.
u) Release of: means the permission to leave the premises of a car of the SPLA, in writing issued by its competent services.
v) Car "as is" means a vehicle without information provided by the seller on your state.
2. Parties to the contract of sale
The parties to the contract of sale of a lot auctioned are the buyer and seller. The SPLA is acting as agent of the seller under the terms and conditions of the mandate conferred on it by the seller in the form of car or another valid document to that effect.
3.1. Obligations of the seller
The seller must present the vehicle at auction free and desonerada unless express reference is made to that effect.
The seller guarantees that the information contained in the safety car is correct and that there is no falsehood or omission.
The seller undertakes to deliver to the SPLA:
1. The vehicle;
2. The registration certificate of ownership, the booklet and the declaration of sale valid, or valid replacement documents;
3. The certificate of inspection valid, when legally required;
4. The keys of the vehicle;
5. The admission fee and the sales charge;
6. The car form duly completed and signed;
7. Any other document that the SPLA services deemed necessary for acceptance of the vehicle for auction.
The seller must fill out the car with all the information it requested, except for cases in which, by written agreement, the SPLA provides the service of their fulfillment.
With the filling up the car and its acceptance by the SPLA, the seller undertakes to submit to auction the said vehicle.
The seller is solely responsible for the falsehood, inaccuracy or omission of any components of the record car, or any other information or guarantees.
3.2 Obligations of the participant and the buyer
Just be participants / buyers individuals or legal entities, so principal or accessory, are engaged professionally in the marketing of vehicles. Expressly excludes the possibility of a consumer (within the meaning of Law No. 24/96, 31 July, or otherwise in lieu) to intervene as an auction participant / buyer.
The buyer undertakes to accept the state proves that a car auction through a visual check, particularly on the state of the bodywork, tires, exhaust system, coatings and motor.
The buyer is obliged to pick up the car after the issue of release of the SPLA if the buyer does not pick up the car within fifteen days from the date of issue of release by the SPLA, it is expressly mandated by the buyer, notwithstanding the amount owed by the parking, the releiloar the car, without any reserve price, to meet its claims against the buyer, delivering this value of the sale less the VDV
With the release of, given by the SPLA, the buyer (even before the person or entity whose name appears on the registration of ownership of the vehicle) all liability arising from any damages, losses, fines or any subsequent legal proceedings relating directly or indirectly with the possession or use of the vehicle.
The buyer is obliged to deliver on time the VDC if any check delivered by the buyer is not paid on its first presentation to the Bank, the seller, without prejudice to other rights, may repossess the car.
4. Operating conditions, organizing and conducting the auction
a) The power to direct and conduct the auction is up to the preacher, or a discretion to refuse any bid.
b) The seller may bid on their own vehicle, provided they are properly registered as a buyer.
c) The auctioneer or any employee of the SPLA may accept written instructions to bid on behalf of potential buyers, but are not obliged to accept such instructions.
d) The auctioneer has discretion to remove the vehicle from the auction, in his opinion, there are no conditions for its sale.
e) Without prejudice to the provisional sales situations, with the pounding of the hammer is completed the signing of the contract of sale of the auctioned lot.
f) The buyer is the author of the highest bid accepted by the auctioneer to the beat of the hammer, and the bid value of the sale price of the lot.
g) Immediately after hitting the hammer, the buyer of the lot must sign a document certifying the conclusion of the contract of sale referred to in paragraph e) of this clause.
h) If the buyer does not sign the document referred to in the preceding paragraph, the auctioneer will have discretion to disregard the bid than that offered.
i) The auctioneer has, without any justification, the power of final decision:
1. Any issue that occurred during the bidding for the lots;
2. Any matter occurring after hitting the hammer on the identification of the participant who made the bids and amount;
3. Any dispute occurred involving, in his opinion, need to cancel the auction of the lots, such lot may releiloar the same or any other auction.
j) The SPLA has the right to record, on magnetic media or any other, all occurrences of the auctions organized and conducted by themselves, reserving the right to display the contents of those recordings where this is necessary to clarify any questions or to defend their interests.
5. Provisional Sale and private treaty sales
a) If a consignment auction did not reach its reserve price, the sale is considered provisional, with the SPLA authorized to inform the seller, the value of the highest bid offered, which may represent the seller in negotiating with the author of the highest bid or any other party.
b) If the lot is sold under the preceding paragraph, shall apply all provisions of these general conditions.
c) A provisional sale of a particular batch will only be maintained as such within twenty-four hours after the end of the auction was announced.
6. Other conditions
6.1. Acceptance of vehicles
The SPLA reserves the right not to accept any vehicle for auction.
In the case of complete data sheet for the SPLA vehicle, this will not be liable for any inaccuracy caused by falsehood, inaccuracy or omission of information that has been provided by the seller.
In the case of being required to fill the form SPLA car, it needs no signature of the seller and will have its tacit acceptance without prejudice to the previous point.
The seller authorizes the SPLA to make public for purposes of the auction all items on the safety car.
6.2. Car auction "as is"
a) The seller may have to auction a car "as is", since that makes it appear that the car plug.
b) A vehicle presented for auction "as is" exempt the seller from any liability arising from the poor condition of the vehicle, including defects, deterioration or lack of any agencies or components.
c) The purchaser of a vehicle presented for auction with the reference "as is" plug in the car, takes the risk of buying the car under these conditions, are not entitled to any claim.
6.3. Reserve price
a) If the plug car has not expressed any reserve price, the SPLA believes is mandated by the seller to proceed to sell the car at auction for the price of the highest bid made.
b) When a vehicle is present at auction with reserve price, can only be sold if the value of the highest bid is less than that price unless, during the bidding, the seller may authorize the sale for less.
c) When the value of the highest bid made on a particular vehicle does not reach the reserve price, the sale shall be deemed provisional only, and the author of the highest bidder and the seller agree, through the SPLA and not by direct contact, acceptance of a purchase price equal to or greater than the value of that last shot.
d) are not allowed reservation prices net of commissions, fees or prices for other services due to the SPLA, as well as taxes or fees to the State or other public entities, allowing the auctioneer during the auction ignore this reference under the form car.
e) When a vehicle is present at auction with reserve price, the auctioneer is not required to advertise this fact or its value, or to start the auction at that price, without prejudice to the preceding paragraphs.
a) If the SPLA to accept a vehicle to be presented for auction without the documents referred to in clause 3.1 (3rd paragraph, paragraph 2), or whose validity has expired, the auctioneer shall inform the participants during the auction.
b) Where this paragraph, the SPLA from the seller will endeavor to obtain the missing documents, you may not however be relied upon as a result or failure in this investigation, except for instances where the auctioneer announces that the SPLA is obliged to obtain the missing documents.
8. Technical Report
a) The SPLA through its technical expertise, may prepare a technical report for each vehicle presented for auction, regarding the condition of the engine, gearbox, clutch, brakes, steering and transmission.
b) The technical expertise of the SPLA should prepare the report carefully and appropriate jurisdiction.
c) The SPLA may refuse the request of the seller to prepare a technical report if it considers unreasonable the time required to prepare the same.
d) In the light of this report for informational purposes only, the same not constitute any guarantee, the SPLA can not be responsible for any inaccuracies arising from same.
9. Prices of services SPLA
a) The SPLA has a list price of the service, upgradeable without notice, which will include the admission fee, the sales charge, the rate of acquisition as well as the price of all other services to make available.
b) The tariff for the services of the SPLA will be available on the auction site with a least 48 hours after the completion.
c) The SPLA will charge an admission fee when a vehicle is offered for auction, though not sold. This fee will be charged on each replay of the same car at auction.
d) The sales commission and acquisition rate will be payable:
1. When the vehicle is sold under the pounding of the hammer;
2. When the sale is not made with the beat of the hammer, but through a private contract of sale under clause 5.
3. When the vehicle is resold pursuant to clause 3.2 (third paragraph)
e) The SPLA will charge a new admission fee, sales commission and acquisition rate if the buyer sell the premises of the SPLA, the vehicle purchased.
f) The SPLA will charge a parking fee in accordance with clause 14.
g) the price of services provided in this clause shall be forever plus all taxes or fees to the State or any public entity.
1. Given that it comes to used car buyers and that will be exclusively natural or legal persons who, in a principal or accessory engaged professionally in the marketing of vehicles, time limits for claims against the car defects not covered in the course of the auction are:
a) One hour after the issue of release by the SPLA to the buyer for serious mechanical defects on the engine, gearbox, clutch, brakes, steering and transmission;
b) Twenty-four hours after the issue of release to the purchaser by the SPLA on the actual mileage or age of vehicle.
2. Any of the periods referred to in the preceding paragraph may not exceed the time limit of seven days following the date of the auction in which the vehicle was acquired.
11. Delivery V.D.C.
a) Without prejudice to clause 2., the VDC will be delivered by the buyer to the SPLA.
b) At the time of registration or at any time during the course of the auction, the SPLA will require participants to buyers or a security deposit or a signal (for purchase).
c) The VDC should be given to the SPLA within two hours after the end of the auction where the lot was sold.
d) The SPLA shall only release of the lot purchased after the effective collection VDC and delivery by the buyer, copy of document proving insurance holding valid and effective in Portugal.
e) The buyer loses the collateral and / or sign in case of failure to comply with the preceding paragraphs, as well as in the case referred to in clause 4, paragraph h).
12. Delivery of the deferred purchase price
The provisions in these general conditions regarding the delivery of the purchase price by the purchaser shall not apply if the seller has accepted, by express reference in the safety car, any other settlement conditions, observing however the following :
a) The payment of any sum payable by the purchaser under the SPLA stipulated in these general conditions shall be carried out by full and on time.
b) The SPLA shall receive and give the seller the means of payment of the purchase price of the lot that are entrusted by the purchaser, subject to any conditions stipulated by him.
c) The SPLA shall only release of each car sold after compliance with the provisions in the preceding paragraphs.
d) Having regard to the provisions of clause 2., the SPLA will not have any responsibility for default by the buyer of any of the conditions for payment under the contract of purchase and sale of the car.
13. Relationship between the SPLA and the seller
a) The SPLA is only obliged to deliver to the seller the value of the lot sold when the respective VDC been delivered, and upon receipt.
b) The SPLA may deduct the value given to the seller sold the lot for the VDV, except as provided in the next section.
c) When there is a sale with deferred payment pursuant to clause 12, the seller shall deliver to the SPLA VDV, being delivered to him only the means of payment stipulated that after the effective collection VDV.
d) The delivery to seller of the amounts stipulated in the preceding paragraphs shall not be less than twenty-four hours after the verification of subparagraph b) of this clause.
e) The SPLA will retain the values given to the seller if there are reasons to believe that false information regarding the property or rights of the seller about the vehicle sold.
f) The deduction provided in the preceding paragraph will continue until they are clarified the doubts raised, has not been proven ownership of the vehicle or has not been settled this issue by the competent court.
g) To guarantee any amount owed to the SPLA, it may exercise a lien on any vehicle belonging to the vendor parked on the premises of the SPLA.
14. Risk and parking fees
a) The risks arising from parking the car at the time of its sale at auction are the sole responsibility of the seller and, from the time of sale, are the sole responsibility of the purchaser, without prejudice to the SPLA be able to ensure coverage of these risks through the conclusion of insurance contract.
b) A car, even if not sold, it is not removed from the premises of the SPLA within 48 hours after the close of the auction or the issue of release, it will incur to pay a daily parking fee according to the table services in place, reserving the SPLA the right of lien on the vehicle to guarantee the payment of outstanding parking.
15. Rights reserved to the SPLA
The SPLA reserves the right to:
a) refuse entry to any person on its premises;
b) refuse entry to any vehicle on their premises;
c) Refuse entry or participation in the auction to any person (natural or legal) that has previously breached any of the rules provided for in these conditions.
d) request the seller to the buyer or the removal of a vehicle of its facilities, and may in case of refusal, carry out such removal charging you the cost thereof;
e) Provide any party to the contract of sale of a particular batch identification of the other;
f) provide, number and order lots of vehicles to submit a tender;
g) Hold a car until they are resolved any issues arising from their presentation at the auction and / or sale.
a) The SPLA, as agent of the seller has power to accept the termination of the contract of sale by the buyer provided you meet the conditions referred to in subparagraph b) of this clause and the buyer wants to terminate based on one or more of the following grounds:
1. The auctioneer, by falsehood, inaccuracy or omission in the form of vehicle, did not mention any serious mechanical defects on the engine, gearbox, clutch, brakes, steering, transmission or other material.
2. The auctioneer, by falsehood, inaccuracy or omission in the form of vehicle, did not mention the actual mileage of the car.
3. The auctioneer, by falsehood, inaccuracy or omission in the form of vehicle, did not mention the actual age of the vehicle.
b) the conditions for terminating the contract of sale are:
1. The buyer has not resold the vehicle purchased.
2. Let the buyer draw up a written complaint addressed to the SPLA within the deadlines set out in clause 10.
3. The buyer has fulfilled so far all obligations to the SPLA, including the payment of VDC
4. That in the opinion of the technicians of the SPLA, the grounds of the complaint are substantially correct.
c) The SPLA shall not be liable for the seller and the buyer for any termination made under this clause.
d) In the event of cancellation or termination of the contract of purchase and sale of a vehicle as defined in these general conditions, the SPLA will be entitled to retain the price or any deposit made and hand them over to the purchaser, without prejudice to the amounts which are owed the SPLA by the seller by the occurrence of sales and services.
a) The SPLA shall prepare a catalog for each auction with a brief description of the vehicles to be auctioned.
b) The existence of any inaccuracies in that catalog the SPLA will not incur any liability as long as the auctioneer at the time of the auction is advertised correctly the characteristics of the auctioned lot, or the inaccuracy of the course stated in the safety car.
18. Transmission of personal data
Vendors and attendees / buyers authorize the inclusion of their personal data, including identification details, address, affiliation, profession, and the data necessary for the proper completion of application forms and / or car in the database of the SPLA and treatment the same computer as well as its transmission to companies with the SPLA are in a controlling or group.
The SPLA is committed to maintaining confidentiality of data collected, do not use for any other purpose not provided for in these conditions.
The holder of personal data are entitled to access, correct, complete and cancel at any time, information about you contained in the databases mentioned through personal contact or by written communication to the SPLA.
19. Membership and acceptance of these terms and conditions
These conditions are attached to form a vehicle and the registration form, by the seller, the buyer and the participant adhere, by completing and signing the safety car and / or registration form, the system of selling cars auction organized and run by the SPLA, forcing himself to that fact to comply with these terms and conditions of sale.
Notwithstanding the preceding paragraph, these terms and conditions will be provided to all interested parties free of charge, and are posted in conspicuous places at the premises where the SPLA car auctions are conducted.
20. Applicable Law
In all matters not expressly regulated by these general conditions will apply the alternative provisions of Portuguese law.