Terms and Conditions - Donor

Terms and Conditions - Donor

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Platehunter.com Terms and Conditions of website use and acquisition of registration rights ‘Acquisition Terms’
 

1. Introduction and Definitions.

1.1 The Platehunter.com website sells the rights of entitlement to display vehicle registration marks. The Platehunter.com website, as at 1 March 2014 is owned by Supplied to You Ltd, a company registered in England & Wales, with the registered office at 9 The Foxes, Telford. TF7 4NH, United Kingdom, company registration number 08865745.
Correspondence should be sent to:
Plate Hunter, 9 The Foxes, Telford. TF7 4NH
email: sales@platehunter.com
Tel: 01952 588888
From 1 March 2014, management and legal contract fulfilment for Platehunter.com is undertaken by Supplied to You. In this document references to ‘we’, ‘us’, ’our’ and ‘Platehunter’ shall mean ‘Supplied to You trading as Platehunter.com’
1.2 Use of the Platehunter.com website and/or all online and offline services of Platehunter.com (including telesales services and our Internet social networking pages and channels) are subject to these Terms and Conditions (hereafter referred to as "the Acquisition Terms"), and by using the site or services you agree to be bound by the Acquisition Terms. If you do not agree to these then you may not use our website or services.
1.3 You may make a copy of these Acquisition Terms for your reference. The Acquisition Terms are a legal agreement between you and us and can only be modified with our consent. We may improve or revise these Acquisition Terms at our discretion by changing them on this website. The version of these Terms that is current, and thus displayed at the time of your visit, will apply whenever you use this website or our services.
1.4 The term ‘Donor’ refers to the owner of a registration - i.e. the party who owns the entitlement to display the registration upon his/her vehicle, and who will transfer that right to the purchaser upon completion of a registration sale. The term ‘Recipient’ refers to the party to whom entitlement to display the registration upon his/her vehicle is transferred upon completion of a registration sale.
1.5 In these Acquisition Terms ‘Vendor’ refers to the Donor as defined in paragraph 1.4 above or also referred to as ‘you’ and ‘your’ within these Terms. The term ‘Customer’ refers to the recipient again defined in paragraph 1.4 above.
1.6 These Terms are the whole agreement between you, the Donor, and us. If a court should decide that any part of these Terms is invalid and/or cannot be enforced, that particular element of these Acquisition Terms will not apply, but the rest of these Acquisition Terms will remain in force. Any waiver or exception made at Platehunter’s discretion shall be made without prejudice to these Acquisition Terms. It shall not be deemed a continuing waiver or exception, nor shall it be deemed to set a precedent.
1.7 English law shall apply to these Acquisition Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Acquisition Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
1.8 All contracts and their fulfilment are undertaken by, and will be with Supplied To You Ltd, a company registered in England & Wales, Number 08865745, with registered address at 9 The Foxes, Telford. TF7 4NH, VAT number 179000910

2. Acquiring Registrations

2.1 We sell registration marks owned by clients, government stock and our own stock, upon our Recipients agreement to purchase we will purchase the rights from the Donor and transfer them. We do not act as agents and the Donor’s recourse in a transaction is to Platehunter, there is no agency. All purchases of registrations are conditional and are subject to these Acquisition Terms.
2.2 When Platehunter conveys to the Donor an offer from a potential purchaser to buy a registration that is being advertised on behalf of Platehunter, the Donor by any verbal or written acceptance of that or any offer constitutes a contract to sell at the agreed price. Telephone calls are recorded in order to preserve evidence of verbal acceptance of an offer. This evidence may be used in legal proceedings if necessary.
2.3 Upon receipt of a confirmation letter the Donor must follow whichever of the following courses of action is applicable.
i) If the registration is currently held upon a Certificate of Entitlement or a Retention Document the Donor must send to Platehunter:
a) The relevant Certificate of Entitlement or Retention Document (which must be current and must not have expired); and
b) The completed and witnessed Power of Attorney form that will be supplied by Platehunter.
Or
ii) If the registration is currently assigned to a vehicle: the Donor must send to Platehunter:
a) The vehicle's (original, not copy) V5C Registration Document (AKA "log book");
b) A copy of the vehicle's current Road Fund License disc ("tax disc") unless the vehicle has been declared SORN (Statutory Off-Road Notification) with DVLA. (If SORN is declared after road tax has expired, or if SORN, which is valid for 12 months, has expired, then the donor will have to tax the vehicle in order to proceed with transfer of the registration); and
c) The completed and witnessed Power of Attorney form that will be supplied by Platehunter.
2.4 Should the transfer fail due to the default of the purchaser in any way, including failure to pay the balance or to supply the necessary documentation, Platehunter will not be liable for any payment to the Donor. However, Platehunters will, with the Donor's permission, re-advertise the registration mark concerned.
2.5 Should the Donor fail to fulfil his/her part of the contract established under 6.2 above without good reason, Platehunter will pursue legal action for Breach of Contract if necessary. What constitutes "good reason" shall be decided at Platehunters’ sole discretion. During the sale process, evidence of contract and agreement is recorded to such an extent that Breach of Contract may be clearly established and demonstrated in court.
2.6 Payment to the Donor will be made upon completion of the transfer. Completion is defined as follows:
i) For non-Northern Ireland private sales
a) Certificate to vehicle transfers are complete when Platehunter receives the recipient's new V5C Document.
b) Vehicle-to-vehicle transfers are complete when Platehunter receives a copy of the Donor's new V5C document.
c) Vehicle to certificate transfers are complete when receives the new V778 from DVLA showing Platehunter as the grantee.
d) Certificate to certificate transfers are complete when Platehunter receives the new V778/V750 from DVLA with nominee added and Platehunter’s address added as grantee.
2.7 Our standard form of payment to a Donor is by cheque. However in certain cases we may agree to make payment by bank transfer. When this is the case we pay by standard bank transfer direct to the account nominated by the Donor. Should the Donor request a same day bank transfer Platehunters reserves the right to pass on any relevant bank charges for this service. This transfer is subject to standard banking conditions. It is the responsibility of the Donor to give us their correct bank details. We accept no liability for payments that are lost as a result of the Donor giving incorrect bank details.

3. General Registration Transfer Acquisition Terms

3.1 It is illegal to display a new registration mark before its transfer is completed by The Department for Transport.
3.2 Vehicles to which registrations are to be transferred to must be taxed and have valid MOT or GVT (Goods Vehicle Test) certificates where applicable.
 
3.4 i) Platehunter will usually be the grantee or the original purchaser on the certificate for numbers that Platehunter supplies to Recipients on certificate. The Recipient will be the nominee. Changes must be made via Platehunter. The registered keeper will assume control over the registration when the registration is assigned to a vehicle.
ii) Where someone other than Platehunter is shown as grantee or original purchaser we will have Power of Attorney to act on their behalf. On these occasions we will supply the certificate with a Power of Attorney giving us authority to sign for changes to the certificate. The purchaser will need to supply the Power of Attorney with the certificate to DVLA with their vehicle documents when they assign the registration to a vehicle.

4. General Acquisition Terms

4.1 All personal data collected by us will be treated as confidential. We shall not share such data other than where we need to in order to execute our contractual obligations, where we are compelled by law, required by parties with authority to require it or where you have given us explicit permission. We do not sell personal data.
4.2No person other than the parties hereto shall have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999
4.3 The clause headings are included for convenience only and shall not affect the construction of this Agreement;
4.4 Words denoting the singular shall include the plural and vice versa;
4.5 References to person shall be deemed to include references to natural persons, to firms, to partnerships, to companies, to corporations, to associations, to organisations and to trusts (in each case whether or not having separate legal personality).
4.6 References in these Acquisition Terms to Recitals and Clauses are references to Recitals and Clauses in these Acquisition Terms
4.7 References in these Acquisition Terms to statutory provisions shall (unless the context otherwise requires and unless otherwise expressly provided) be construed as references to those provisions as respectively amended, consolidated, extended or re-enacted from time to time (whether before or after the date of these Acquisition Terms), and to any order regulations instruments or other supporting legislation made under the relevant statute.