The definitions in this clause shall apply to this User Agreement. Find out more

1. Words in the singular shall include the plural and vice versa.
2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3. A reference to a Party includes its personal representatives, successors and permitted assignees.
4. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
5. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
6. A reference to ‘writing’ or ‘written’ excludes fax.
   

1. The terms of this User Agreement shall govern the relationship between You and HKR to the exclusion of any other terms or conditions.
2. The terms of this User Agreement apply to the exclusion of any other terms which are implied by law, trade custom, practice or course of dealing, to the fullest extent permitted by English law.
3. This User Agreement supersedes all previous terms and conditions and shall replace any terms and conditions previously notified to You.
4. You will be deemed to have accepted this User Agreement when You select the following authorisation boxes when registering to become a User via the Website:
   1. “I have read these Terms and Conditions”; and
   2. “I accept”
5. You acknowledge that Your acceptance of the terms of this User Agreement in accordance with Clause 2.4 is an absolute pre-condition of You using HKR’s Site and Services. If You do not accept this User Agreement You will not be permitted to use the Website or the Services that HKR supply via the Website.
6. You acknowledge that HKR’s business is that of selling and making available a platform for Sellers to sell used, recovered stolen, accident-damaged and/or insurance write-off Vehicles and other used goods as Lots ‘Salvaged Goods’.
7. You acknowledge that these Lots are second hand ‘Salvaged Goods’ and may have faults, damage and impairments.
8. You acknowledge that Lots sold at HKR’s Auctions are ‘sold as seen’ and not sold by description. This means that it is the responsibility of the Bidder to inspect a Lot at the Site prior to bidding. HKR allow all Bidders to inspect items so far as it is possible to do so.The Bidder should only Bid on a Lot once They are satisfied that the price reflects the quality of the Salvaged Goods.
9. You acknowledge that as a registered User, You are a trader in such Vehicles and/or other goods ‘Salvaged Goods’ and, whether or not this is the first occasion that You are using HKR’s Services, You are purchasing all Lots with a view to Your trade and with a view to a profit.You acknowledge that You are not a consumer by definition under the Consumer Rights Act 2015 and that the Consumer Rights Act 2015 is therefore excluded from this User Agreement to the fullest extent permitted by Law.
10. Users acknowledge that use of the Website and all entries of Salvaged Goods into HKR’s Online Auction Services are subject to the terms of this User Agreement and Users hereby acknowledge and agree that the terms of this User Agreement are binding upon, in particular:
    1. a User or Bidder registering to use HKR’s Website;
    2. HKR; and
    3. a Seller registering to use HKR’s Website.
11. Users acknowledge that the subsequent sale and purchases of Salvaged Goods at HKR’s Auctions are also subject to the terms of Schedule 1 to this User Agreement which are binding upon, in particular:
    1. a Successful Bidder/Buyer at Auction; and
    2. a Seller taking part in an Auction and when any goods are accepted and sold at Auction (this may be HKR if HKR is the proprietary owner and Seller of the Salvaged Goods).
12. Users acknowledge that this User Agreement forms a binding contract between each User and HKR and that the terms of this User Agreement govern each User’s use of HKR’s Website and Services.
13. Each User warrants and represents that they are acting as a trader in the sole course of their business.
14. Each User acknowledges that HKR may be acting as agent on behalf of Sellers.
15. Each User acknowledges that they do not rely on any representation and/or warranty that has not been made in accordance with this User Agreement.
16. Each User acknowledges and accepts that all sales of Salvaged Goods via the Website are subject to the terms of Schedule 1 appended to this User Agreement and hereby irrevocably agree to the terms of Schedule 1.

1. HKR will provide each User with practical and reasonable help so that the User may access the Website, but HKR cannot accept responsibility if a User is unable to access the Website for any reason.
2. HKR do not guarantee that Users will have access to the Website at all times.
3. HKR do not guarantee that a User’s access of the Website will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in this User Agreement.
4. HKR reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to a User.
5. HKR will provide Users with access to the Website and Services on the basis set out in this User Agreement, however, HKR reserves the right at HKR’s sole discretion to terminate or suspend a User’s registration and/or access to the Website or Services without giving any reason or in the event of a User’s non-compliance with the terms of this User Agreement.
6. Each User agrees to act lawfully, diligently and honestly at all times when accessing and using the Website or Services and will comply with all laws and regulations applicable to the User’s use of the Website or Services.
7. Each User guarantees that the details supplied by that User on registration or at any time thereafter are and will remain true and accurate.
8. Each User agrees not to interfere with, jeopardise, disrupt or harm the Website or Services and not to intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to the User via the Website or Services.
9. Each User shall be solely liable for actions taken using their username and password to access the Website or Services, whether taken by them or third parties and/or with or without their consent or knowledge.
10. The User agrees to keep their username and password confidential. If a User believes that the confidentiality of their password has been compromised, they must inform HKR immediately. HKR will use reasonable endeavours to provide that User with an alternative password, although HKR may at its absolute discretion restrict or terminate that User’s use of the Website and Services as set out in Clause 13 of this User Agreement.

1. Each User (each of a User, Seller, Bidder, Buyer or HKR and collectively referred to as the ‘Parties’ and each a ‘Party’) agrees that in the performance of its respective obligations under this User Agreement it will comply with Data Protection Legislation in each case to the extent it applies to each Party.
2. Users should refer to the privacy policy available at for details of all processing activities undertaken by HKR.

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1. HKR act as agent for a Seller of Salvaged Goods using HKR’s Online Auction Services (except where HKR is stated specifically wholly or partly to own any Lot as principal and Seller). HKR do not act as agent for any Bidder or Buyer.
2. Each User accepts that HKR is not personally liable for any contract made directly between a Seller and a Buyer at or prior to any Auction.
3. HKR is not responsible for any default by Seller or Buyer.

1. HKR is not an auctioneer. HKR offers the Online Auction Services as a closed Bid weekly online Auction venue through the Website which allows Users to offer, sell and buy Salvaged Goods.
2. The Seller shall categorise the Salvaged Goods Vehicles for sale in accordance with the ABI Guidelines (see Clause 8.1). HKR shall not be liable to the Successful Bidder in the event that the Seller wrongly categorises or fails to categorise the Salvaged Goods Vehicles prior to or during the Auction.
3. All conditions, warranties or representations, either expressed or implied by statute, common law or otherwise in respect of a Vehicle or any parts comprising the Vehicle are expressly excluded and the Bidder shall have no claim for rescission or damages in respect of any defect in any one or more of the said parts.
4. HKR does not own or purport to own any of the Salvaged Goods (unless HKR is expressly stated to be the proprietor and Seller of the Salvaged Goods). The Salvaged Goods Vehicles made available through the Website are offered for Auction by a Seller or by a Seller as agent of a third party and are sold subject to this HKR Auction User Agreement.
5. The Bidder shall, prior to completing the Auction transaction, verify the condition of Salvaged Goods, including but not limited to the following: the paintwork, bodywork, chassis, tyres, battery, exhaust and all other electrical equipment, components and parts of the Salvaged Goods Vehicle. The Bidder shall also verify the odometer reading provided by the Seller. HKR does not warrant the mileages of any Salvaged Goods Vehicles offered for sale.HKR will not test the electrical appliances within the Salvaged Goods.
6. The Seller shall procure that V5 registration is complied with in accordance with ABI Guidelines. HKR cannot guarantee that the V5C documentation, MOT certification, service books or keys will be available for all Salvaged Goods Vehicles.
7. Prior to placing a Bid, the Bidder shall verify whether the Salvaged Goods Vehicle is registered on any statutory or voluntary register. Whilst some Salvaged Goods Vehicles may be offered for sale uncategorized, HKR will not be held responsible if a third party registers an ABI category against the Vehicle following Completion of the Auction transaction.
8. HKR reserves the right to suspend forthwith any User whose actions might harm or prejudice the integrity of HKR or its Seller’s.
9. Users agree that they will not use HKR’s Services if they are not able to form legally binding contracts (for example if you are under 18) or are temporarily or indefinitely suspended from using HKR’s Services.
10. Sellers agree that they will not post false, inaccurate, misleading, defamatory, or libellous content.
11. Sellers are responsible for the accuracy, content and legality of the item listed.
12. Unless otherwise specified by law, Users are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines or charges related to the sale and purchase of the Salvaged Goods) to the extent possible under English law, that Users shall pay to HKR as a debt on demand all costs incurred by HKR, including but not limited to tax, penalties and interest, levied by any competent tax authority due to a User’s failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest.

1. By making a Bid, the Bidder agrees to be bound by the terms and conditions of this User Agreement. A Bidder has a legal obligation to complete a transaction with the Seller if at the end of the Auction the Bidder is the highest Bidder and the Bid has been accepted by the Seller (a Successful Bid).
2. If the transaction does not progress to Completion the Bidder’s User account will be terminated.
3. Salvaged Goods may be offered by the Seller for sale subject to a reserve price (the “Reserve”) which may be higher than a starting Bid. The Seller agrees that the Successful Bid in any Auction will be the highest Bid which exceeds any Reserve and which meets the Seller’s listing conditions. The Seller agrees to be bound by the highest successful winning Bid that matches or exceeds the Reserve.
4. HKR is not a party to the Auction and is not responsible for ensuring that Sellers and Bidders complete an Auction transaction.
5. All Bids must be received by the sales coordinator on or before the Sale Deadline. Bids will only be accepted if they are submitted by secure login via the Website. HKR will notify the Successful Bidder that its Bid has been accepted via a system generated email notification. Bids which are submitted after the Sale Deadline are automatically deemed Unsuccessful Bids. A Seller may not submit a Bid in its own Auction and HKR may in its absolute discretion reject or cancel Bids.
6. HKR shall use its reasonable endeavours to process Bids which are placed in respect of Salvaged Goods offered by a Seller, but does not guarantee that any individual Bid shall be submitted.
7. Bidders must keep their login and access details secure at all times. Bidders must not disclose their password to any third party or permit third parties to access the Website using their login details. HKR accepts no liability for any loss or damage arising as a consequence of the Bidder disclosing its login details to third parties. HKR may in its absolute discretion refuse or remove Bids from the Website or remove from sale any Salvaged Goods in respect of which (i) there is a dispute (including disputes over ABI categorisation) (ii) the Vehicle is withdrawn by the Seller, or (iii) the Salvaged Goods fail to draw a Bid above the Reserve.
8. Some Sellers charge a service fee.The Bidder will be notified of the service fee after the Bid has been accepted.Details of the service fee will be included in the Bid acceptance confirmation e-mail which will be sent via the Website.
9. All Successful Bidders herby irrevocably agree to the conditions appended to this User Agreement in Schedule 1 the terms of which form a binding contract between the Buyer and Seller of a Lot. A Bidder should not make a Bid unless that Bidder has read and agreed to the terms of sale in Schedule 1.
10. A Seller should not offer Salvaged Goods for sale on the Website unless that Seller has read and agreed to the terms of sale in Schedule 1.

1. The Salvaged Goods Vehicles offered for sale on the Website shall be individually categorised in accordance with the Association of British Insurers (ABI) Code of Practice for the Disposal of Motor Vehicle Salvage.
2. The Salvaged Goods Vehicles shall be categorised as follows:
   1. Category B – a Vehicle which is structurally damaged or so devoid of parts that it is not possible to repair it economically or safely. Category B Vehicles must be broken for spare parts. All remaining parts, the bodyshell, frame and chassis from the Category B Vehicle shall be crushed or disposed of in accordance with ABI guidelines to ensure that the Category B Vehicle does not reappear on the road. All air bags, seat belt and seat components must be properly disposed of in accordance with manufacturer’s requirements and must never be resold.
   2. Category N – (NON-STRUCTURAL) a Vehicle which is deemed repairable. This Vehicle has been inspected by an appropriately qualified person and declared suitable for repair. The repairable Vehicle should not have sustained damage to the structural frame or chassis.and the insurer/self-insured Vehicle owner has decided not to repair the Vehicle. While the damage to the Vehicle has been noted as non-structural, there may still be some safety critical items that require replacement e.g. steering and suspension parts.
   3. Category S – (STRUCTURAL) a Vehicle which is deemed repairable. This Vehicle has been inspected by an appropriately qualified person and declared suitable for repair. The repairable Vehicle will have sustained damage to any part of the structural frame or chassis and the insurer/self-insured owner has decided not to repair the Vehicle.
3. Category B Vehicles may be purchased only by Users who comply with the appropriate provisions of the Environmental Protection Act 1990 and the Motor Salvage Operators Regulations 2002. Users purchasing Category B vehicles must produce on request an appropriate Motor Salvage Operator Licence and Environmental, Hazardous Waste and Waste Carrier Licences. Users must also be registered with their Local Authority as an Authorised Treatment Facility for End of Life Vehicles.
4. Users purchasing a Category B Vehicle hereby agree to the following:
   1. to be bound by and comply with the ABI Code of Practice for the Disposal of Motor Vehicle Salvage and all other laws and regulations relating to the removal of useable parts and the destruction of category B Vehicles.
   2. within 2 weeks of the purchase of the Category B Vehicle, to obtain a Certificate of Destruction pursuant to the End-of-Life Vehicles Regulations 2003.
   3. to provide HKR on request with a copy of a valid Certificate of Destruction for the Category B Vehicle.
   4. to provide HKR or its designated agent access to the User’s Vehicle storage location and to provide assistance in locating any Category B Vehicle in relation to which a valid Certificate of Destruction has not been provided.
   5. to retain a copy of the Certificate of Destruction for a period of at least 24 months from the date of purchase of the Category B Vehicle.
5. Pursuant to the ABI Code of Practice for the Disposal of Motor Vehicle Salvage, all registration plates must be removed and securely destroyed as soon as reasonably practicable. For the avoidance of any doubt, personalised number plates do not form part of and are not included in any Auction transaction.
6. The Bidder should undertake the relevant checks in order to satisfy itself of the categorisation of the Salvaged Goods Vehicle and should not rely upon the description provided by the Seller.HKR does not guarantee that the category description of the Salvaged Goods Vehicle is true and accurate. The Bidder is aware that an external third party (such as an insurer) may categorise the Salvaged Goods Vehicles.

1. Successful Bidders must transfer funds to the Seller via electronic bank transfer within 2 Business Days following notification of a Successful Bid. Failure to transmit funds will result in the Successful Bidders account being suspended from bidding on any Vehicles in any live sales.
2. If in contravention of Clause 9.1 a Bidder fails to proceed with a transaction, the Bidder’s membership of the Website shall be suspended until further notice.
3. If the Bidder fails to make payment in accordance with Clause 9.1 the Seller reserves the right to re-sell the Lot at Auction or by private sale.
4. The Buyer will be liable to pay a penalty charge of 5% of the value of the Lot to the Sellers for failing to make payments in accordance with Clause 9.1.

All Successful Bids are subject to the administration charges set out in HKR’s schedule of administrative charges which are available on the Website. The administration charge is payable to HKR prior to collection of the Salvaged Goods.

1. HKR(and its parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable under this User Agreement for any business losses such as loss of data or loss of actual or anticipated income, profits, good will, reputation or business interruption or loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
2. HKR’s maximum aggregate liability under or in connection with this User Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the amount of any sums paid or payable in accordance with HKR’s schedule of administrative charges, which can be found on the Website.
3. This User Agreement states the full extent of HKR’s obligations and liabilities in respect of the performance of the Online Auction Services. Each User agrees that any condition, warranty representation or other term concerning the Online Auction Services which might otherwise be implied into or incorporated into this User Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
4. Nothing in this User Agreement shall seek to exclude or limit any Parties liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability the exclusion or limitation of which is not permitted by English law.

1. Each User shall indemnify HKR and keep HKR indemnified from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by HKR resulting from a breach of this User Agreement by the User.
2. Each User shall indemnify HKR, its employees, agents and sub-contractors against loss or damage to any property or injury or death of any person caused by any negligent act or omission or wilful misconduct of that User, its employees, agents or sub-contractors.

1. Without limiting HKR’s other rights or remedies, HKR may suspend or terminate this User Agreement with immediate effect by giving written notice to the User if:
   1. it appears to HKR that the User commits a material breach of any term of this User Agreement (including without limitation, any misuse of the Online Auction Services) and (if such a breach is remediable) fails to remedy that breach within 5 days of that Party being notified in writing to do so;
   2. the User takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
   3. the User suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
   4. the User's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the User Agreement is in jeopardy.
2. Without limiting its other rights or remedies, the HKR may terminate this User Agreement with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due, on the due date for payment of a Lot. On termination of this User Agreement for any reason the Buyer shall immediately pay to the Seller all of the Seller’s outstanding unpaid invoices.
3. Termination of this User Agreement, however arising, shall not affect any of the Parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the User Agreement which existed at or before the date of termination.
4. Any provision of this User Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this User Agreement shall remain in full force and effect.
5. If a Party is required by law to disclose any Confidential Information, it must, subject to any legal restrictions:
   1. notify the Party who is the subject of the disclosure and provide the details of the proposed disclosure;
   2. give the Party who is the subject of the disclosure a reasonable opportunity to take any steps it considers necessary to protect the confidentiality of that information;
   3. provide any assistance reasonably required by the Party who is the subject of the disclosure to protect the confidentiality of that information;

1. Each Party undertakes that it shall not at any time during this User Agreement, and for a period of two years after termination or expiry of this User Agreement, disclose to any person any Confidential Information concerning the business, affairs, customers, clients or suppliers of the other Parties or of any member of the group of companies to which the other Parties belongs except as permitted by clause 15.2.
2. Each Party may disclose another Party’s Confidential Information:
   1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the Party’s rights or carrying out its obligations under or in connection with this User Agreement. Each Party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other Party’s Confidential Information comply with this Clause 15; and
   2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3. No Party shall use any other Party’s Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this User Agreement.
4. On termination or expiry of this User Agreement, or earlier on reasonable request by the Disclosing Party, the Recipient of the Confidential Information must promptly return to the Disclosing Party or destroy any or all copies of Confidential Information, in which case any right to use, copy and disclose that Confidential Information ceases.
5. Each Party’s obligations under this Clause 15continue indefinitely in relation to Confidential Information, even if that Confidential Information is returned to the Disclosing Party or destroyed, or this User Agreement expires or is terminated.

No Party shall be in breach of this User Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly.

1. This User Agreement (and any documents referred to in it) constitutes the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of this User Agreement.
2. Each Party acknowledges that in entering into the User Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the User Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the User Agreement.

1. HKR reserves the right to amend this User Agreement at any time by posting an amended version on it’s Website. Users will be notified via e-mail of any such changes. The amended User Agreement will be active from the date that it is posted on the Website. The User’s continued use of the Online Auction Services will amount to express acceptance of the revised terms. Each User acknowledges that they have the right to terminate their User account and this User Agreement if they do not agree to the updated terms of the User Agreement.
2. Other than in accordance with Clause 18.1 no other amendments to this User Agreement will be effective. Any waiver of any right under this User Agreement is only effective if it is in writing and it applies only to the Party to whom the waiver is addressed and to the circumstances for which it is given.
3. No failure to exercise or delay in exercising any right or remedy provided under this User Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
4. No single or partial exercise of any right or remedy under this User Agreement shall prevent or restrict the further exercise of that or any other right or remedy.

1. If any provision of this User Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, it shall be deemed to be deleted, but shall not affect the validity of the other provisions within this User Agreement which shall remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

1. Any notice given to a Party under or in connection with this User Agreement shall be in writing and shall be:
   1. sent to a User via the email address that User uses to log into the Website (or an address substituted in writing by the Party to be served);
   2. sent to HKR via the email address admin@hkr.co.uk (or an address substituted in writing by the Party to be served);
   3. sent to a User at the address that User has registered as its business or residential address for service on the Website; and
   4. sent to HKR at its registered office: Building 101 Thurleigh Airfield Business Park, Thurleigh, Bedfordshire, United Kingdom, MK44 2YP.
2. Any notice shall be deemed to have been received:
   1. if delivered by hand, at the time the notice is left at the proper address;
   2. if sent by pre-paid first-class post or other next Business Day delivery service, at 9.00 am on the second Business Day after posting; and
   3. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
3. This Clause 20 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Unless it is expressly stated otherwise, a person who is not a party to this agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. Any right or remedy of a third party which exists or is available apart from the Act is not affected.

1. This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
2. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation (including non-contractual disputes or claims).