Terms and Conditions

24 HOUR CASH OFFER AGREEMENT

1. What is the Effect of This Agreement?

This Agreement applies to 24-Hour Cash Offer (Cash Offer) made available by HK Car Trader Limited (hkcartrader) to You via hkcartrader.com or any website owned or operated by hkcartrader.

2. Eligibility for use of the 24 Hour Cash Offer

In order to be eligible for use of the Cash Offer, You must:

  • a. Be 18 years or over;
  • b. Create a account with hkcartrader;
  • c. Complete and submit the online form; and
  • d. Have the Car inspected by one of our authorised centres

3. What You Must Do

You must:

  • a. Comply with the terms and conditions set out in this Agreement;
  • b. Provide all information requested by hkcartrader in the form required by hkcartrader and it’s authorised agents;
  • c. Describe Your vehicle accurately; and
  • d. Maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password.

4. What You Must Not Do

  • a. You must not submit any vehicle for sale via the Service:
    i. that is not located in Hong Kong;
    ii. that is not immediately available for sale
    iii. that You are not the registered owner of; or
    iv. in all other cases, which You do not have the right to sell.
  • b. You must not submit any material via hkcartrader regarding a vehicle which does not comply with all relevant laws or is misleading or deceptive or likely to mislead or deceive.
  • c. You must not utilise the Service, including any data, information, pricing or other material made available via hkcartrader.com for a commercial purpose including that you must not use any process of any sort (automated or otherwise) to query, access, retrieve, scrape, data-mine or copy or generate or compile any document, index or database based on the any material made available by hkcartrader.

5. Specific terms for Your use of the Service

The Service enables Sellers to receive a bid for the purchase of their vehicle from a third party motor vehicle wholesale dealer (Buyer). The price set out in the offer (The Offer) will be provided subject to Your vehicle meeting the Offer Conditions as set out in item (e) below, including that the vehicle is in Good Condition (as defined in 5(e)(i) below).

  • a. The Offer price has been determined based on information supplied by You in relation to Your vehicle and other information which is supplied by motor vehicle dealers, motor vehicle manufacturers and other private sellers including sales data of similar vehicles. You should undertake Your own investigations and enquiries to determine whether The Offer provided to You is a fair and reasonable price for the sale of Your vehicle in the circumstances. You acknowledge that hkcartrader and the Buyer are not making any recommendation to You to take any action regarding the sale of Your vehicle.
  • b. The Offer will be valid for 24 hours from time of issue and will expire at the time notified to You. If You accept The Offer, You must then arrange to have Your vehicle delivered along with the required documents within 24 hours.
  • c. hkcartrader will undertake the inspection of Your vehicle at the location indicated to You. The inspection is undertaken independently of hkcartrader and hkcartrader has no responsibility for the conduct and results of any assessment.
  • d. Following inspection of Your vehicle, Buyer will agree to purchase Your vehicle for The Offer unless Buyer determines (in its absolute discretion) that it has not satisfied the following "Offer Conditions"
    i. Your vehicle is not in Good Condition. "Good Condition" means that the vehicle is: (1) free of mechanical issues; (2) is free of rust; (3) the vehicle would pass a MOT; and (4) the vehicle is free of existing damage (interior and exterior); or
    ii. (1) there are issues with the Vehicle Registration Document to Your vehicle; (2) Your vehicle has been written off; (3) Your vehicle is not a manufacturer import to Hong Kong; (4) the vehicle is not of standard specifications and has modifications; or (5) the vehicle is unregistered; (6) the vehicle odometer is not accurate (7) Your vehicle is not as described by You in any material submitted to hkcartrader or its agents.
  • e. If Buyer determines that Your vehicle has not met The Offer Conditions, then Buyer may elect to withdraw its offer for the purchase at The Offer price and may (but is not obliged to) provide You with a revised offer to purchase Your vehicle at a new price based on either the cost of repairs (if Your vehicle is not in Good Condition) or the accurate details of the vehicle (if the vehicle has not satisfied the conditions set out in item (e)(ii)) or any other failure to satisfy any condition in (e)(ii) which is likely to have a material impact on the value of the vehicle to a purchaser (Revised Price).
  • f. No contract of sale is formed between You and Buyer through Your use of the Service. You must separately enter into an agreement with Buyer for the sale of Your vehicle. You acknowledge and agree that any contract or agreement for the sale of Your vehicle that may occur as a result of Your use of the Service is between You and Buyer, and hkcartrader is not a party to, nor bears any responsibility for such transaction. You agree that You will act in good faith towards Buyer in negotiating and finalising the sale of Your vehicle upon Your acceptance of The Offer.
  • g. You acknowledge that hkcartrader may send You communications in relation to Your use of the Service, to provide You with further Offers for the purchase of Your vehicle and to conduct surveys in relation to Your use of the Service.

6. Payment

Once the sale of your car has been finalised, our agent will arrange a bank transfer into your account or cheque, which will be processed upon completion of the sale. If your car is currently under finance, please allow time for the transactions to be finalised with your lending financial institution.

7. Cancellation of a Offer

  • a. hkcartrader reserves the right to cancel a Offer for any reason and at any time prior to You concluding Your sale with the Buyer.
  • b. hkcartrader will notify You in writing if your Offer is cancelled. In the event Your Offer is cancelled:
    i. you are not able to offer to sell Your vehicle to the Buyer for the The Offer price using the 24 Hour Cash Offer Service, and
    ii. You will be invited to create an Ad.

8. Intellectual Property Rights

You hereby grant to hkcartrader in respect of all materials submitted by You to hkcartrader, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

9. Your warranties to hkcartrader

You represent and warrant to hkcartrader that:

  • a. You are the owner of all Items which You have submitted for sale via the Service and You have the authority to sell those Items;
  • b. You have the authority to grant to hkcartrader the licence contained in clause 9 of these Terms and Conditions;
  • c. All contact and other details You have provided to hkcartrader are accurate; and
  • d. Your use of the hkcartrader network will comply with the terms and conditions set out in this Agreement, the hkcartrader Terms and Conditions of Use and any other requirements or directions issued by hkcartrader from time to time.

10. You Indemnify hkcartrader

You indemnify hkcartrader against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against hkcartrader arising out of:

  • a. A breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
  • b. Any wilful, unlawful or negligent act or omission by You; and
  • c. The sale or offering for sale of any vehicle.

11. hkcartrader Liability to You is Limited

  • a. Other than as set out in this clause 11, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by hkcartrader are HEREBY EXCLUDED.
  • b. To the full extent permitted by law, hkcartrader will only be liable to You:
    i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of hkcartrader is limited, at hkcartrader’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
    ii. subject always to clause 11(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by hkcartrader.
  • c. To the full extent permitted by law, hkcartrader will not be liable to You:
    i. for claims arising out of or in connection with this Agreement whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
    ii. for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
    iii. For the purposes of clauses 10 and 11, the term hkcartrader will mean hkcartrader, its officers, employees, contractors and agents, whether individually or collectively.
    iv. This clause will survive the expiration or termination of this agreement.

12. Privacy

To read how hkcartrader collects, uses and discloses Your personal information click here. Where hkcartrader provides any of Your personal information to Buyer as part Your use of the Service, that information will be stored, used and disclosed in accordance with Buyer’s Privacy Policy. Please be aware that as a user of the Services, You may receive correspondence (including electronic correspondence) regarding Your account and Your use of the Service. This correspondence forms part of this Service and is necessary for the management of Your account and Your use of the Service. If You do not wish to receive this correspondence please do not use the Service.

13. What Law Governs this Agreement

This Agreement is governed by and construed in accordance with the laws of Hong Kong.

14. Entire Agreement

These Terms and Conditions, the Application, hkcartrader Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the hkcartrader Terms and Conditions of Use.

15. General

hkcartrader may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site. All rights not expressly granted are reserved. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply. Any delay or failure by hkcartrader to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice hkcartrader' rights in any way. No waiver by hkcartrader will be effective unless it is in writing and signed by hkcartrader.