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:
3. What You Must Do
4. What You Must Not Do
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.
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).
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.
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
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.
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.
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.