Terms & Conditions

1. Definitions and Interpretation

  1. In these Conditions, the following words have the following meanings:
    Bid: the sum offered by a Bike Buying Partner to purchase a Motorcycle;
    Conditions: these Bike Bidder Ltd Motorcycle Buying Partner Terms & Conditions as agreed to by each prospective Motorcycle Buying Partner;
    Confidential Information: has the meaning given to it in Condition 6;
    Data Protection Legislation: the EU General Data Protection Regulation 2016/679, including as it forms part of the laws of England, Wales, Scotland and Northern Ireland by virtue of the European Union (Withdrawal) Agreement 2018 (UK GDPR), the Data Protection Act 2018 and any other applicable laws, regulations and secondary legislation relating to the protection of personal data having effect in Europe or England and Wales.
    Motorcycle Buying Partner: a potential purchaser of vehicles who wishes to receive introductions from Bike Bidder to Sellers, and who is agreeing to these Conditions;
    Fee: the sum due to Bike Bidder in consideration of the services provided by Bike Bidder and calculated in accordance with the Fee Schedule;
    Bike Bidder: Bike Bidder Ltd a company registered in England and Wales with company number 14327172 and registered office at Unit 48 Centerprise House, The Enterprise Centre, Greenham Business Park, RG19 6HP
    Outstanding Finance: any finance due in respect of the motorcycle from any previous or current owner of the motorcycle to a third party such as a motorcycle finance company or bank;
    Personal Data: any information that relates to an identified or identifiable person and relates only to personal data which: (i) Bike Bidder shares with the Motorcycle Buying Partner or (ii) the Motorcycle Buying Partner processes, in each case in connection with these Conditions;
    Purchase Price: the price paid by the Motorcycle Buying Partner under a Motorcycle Sales Contract and/or any valuable consideration payable by the Motorcycle Buying Partner to a Seller under a Motorcycle Sales Contract less applicable taxes;
    Seller: a seller (usually the owner) of a Motorcycle introduced or referred to the Motorcycle Buying Partner by Bike Bidder
    Seller Motorcycle Data: the information provided by the Seller in respect of the Motorcycle;
    Motorcycle: any Motorcycle offered for sale by the Seller;
    Motorcycle Sales Contract: an agreement or arrangement entered into by the Motorcycle Buying Partner and a Seller for the sale of a Motorcycle;
    Website: The Bike Bidder website available at www.bikebidder.co.uk or such other URL as Bike Bidder may determine; and
    Working Day: a day other than a Saturday, Sunday or public holiday in England.
  2. Words in the singular include the plural and, in the plural, include the singular.
  3. Headings shall not affect the interpretation of these Conditions.
  4. References to Conditions are, unless otherwise provided, references to the provisions of these Conditions.
  5. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
  6. Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

2. Appointment

  1. The Motorcycle Buying Partner acknowledges that from time-to-time Bike Bidder may provide to the Motorcycle Buying Partner the Seller Vehicle Data. If, in the Motorcycle Buying Partner’s reasonable opinion, further information is required, the Motorcycle Buying Partner shall request such information from Bike Bidder, and Bike Bidder shall provide such further information as is available to Bike Bidder from the Seller.
  2. If the Motorcycle Buying Partner wishes to make a Bid for the Vehicle, it shall notify Bike Bidder accordingly. The Motorcycle Buying Partner acknowledges and agrees that by making a Bid, the Motorcycle Buying Partner is making an offer capable of acceptance to purchase the Motorcycle for the Bid. If the Bid is accepted by the Seller, then a legally binding contract comes into existence and subject to Condition 2.2, the Motorcycle Buying Partner shall purchase the Motorcycle from the Seller and the Bid shall be the Purchase Price due to the Seller.
  3. Each party acknowledges and agrees that it has no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind the other party in any way.

3. Purchase and Transport of the Vehicle

  1. Once the Seller has accepted the Bid, Bike Bidder shall contact the Motorcycle Buying Partner and the Seller. Within one (1) Working Day of receipt of that contact, the Motorcycle Buying Partner must contact the Seller to arrange a collection date and if the Motorcycle Buying Partner wishes to use a written Vehicle Sales Contract, provide to the Seller a copy of such Vehicle Sales Contract. 
  2. The Motorcycle Buying Partner shall only be entitled to withdraw its Bid if on collecting the Motorcycle:
    1. the Seller refuses to sell the Motorcycle;
    2. there is any undisclosed Outstanding Finance on the Motorcycle; and/or
    3. the Motorcycle Buying Partner can demonstrate that the Seller Vehicle Data is incorrect or incomplete, including if there is undisclosed damage to and/or faults with the Vehicle and the Seller refuses to agree to an amended Bid which is fairly calculated to account for the undisclosed damage and/or faults.
  3. The Motorcycle Buying Partner agrees that the Motorcycle is sold only on the basis of the Seller Vehicle Data and following an inspection by the Motorcycle Buying Partner. The Motorcycle Buying Partner acknowledges and agrees that it is responsible for carrying out the necessary checks both prior to and on collection of the Motorcycle. If the Motorcycle. Buying Partner engages a third-party agent to collect the Motorcycle, it is the Motorcycle Buying Partner’s responsibility to ensure that the agent inspects the Motorcycle. The Motorcycle Buying Partner shall notify Bike Bidder that it has collected the Vehicle within one (1) Working Day of collection.
  4. The Motorcycle Buying Partner undertakes and agrees with Bike Bidder to act at all times in its relations with Bike Bidder and Sellers dutifully and in good faith.
  5. If the Seller Motorcycle Data states that there is Outstanding Finance, then the Motorcycle Buying Partner shall pay the sum due to the finance company, and the Purchase Price paid to the Customer shall be reduced by the amount of the Outstanding Finance. If requested to do so, the Motorcycle Buying Partner shall provide the Seller and Bike Bidder with evidence that the Outstanding Finance has been paid in full. 
  6. The Motorcycle Buying Partner may request that the Transport Company provides the Transport Services. In such circumstances, the Motorcycle Buying Partner acknowledges and agrees that:

4. Vehicle Sales Contract

  1. If the Motorcycle Buying Partner uses a Vehicle Sales Contract, the Motorcycle Buying Partner warrants that the Vehicle Sales Contract shall:
    1. comply with all provisions of applicable laws, including consumer law and Data Protection Legislation; 
    2. not permit either the Seller or the Motorcycle Buying Partner to cancel or terminate the Vehicle Sales Contract without cause, except in accordance with applicable laws that may not lawfully be excluded; and
    3. not include Bike Bidder as a party to the Vehicle Sales Contract and/or include any representations, warranties or conditions purported to be made by Bike Bidder
  2. At the request of Bike Bidder, the Motorcycle Buying Partner shall provide to Bike Bidder a copy of its Vehicle Sales Contracts.
  3. The Motorcycle Buying Partner shall pay all sums due under the Vehicle Sales Contract.

5. Fee

  1. For the avoidance of doubt, the Fee is due in addition to the Purchase Price. Bike Bidder shall invoice the Motorcycle Buying Partner for the Fee on the earlier of:
    1. notification from either the Motorcycle Buying Partner or the Seller that the Motorcycle Buying Partner has collected a Vehicle from a Seller; and
    2. 14 (fourteen) days after the date of the Bid being accepted by the Seller.
  2. The Motorcycle Buying Partner agrees that if the Seller notifies Bike Bidder that the Motorcycle Buying Partner has withdrawn or reduced the Bid except in accordance with Condition 3.2, then the Fee shall remain due and payable based on the Bid made by the Motorcycle Buying Partner. 
  3. If the Motorcycle Buying Partner fails at any time to pay any sum on the due date for payment, Bike Bidder shall be entitled to charge interest on any outstanding sum at the rate of 5% per annum above the base rate from time to time of Anna Bank plc for the period from and including the due date to and including the date of receipt (whether before or after judgment).
  4. All sums payable is exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question. 
  5. During the term of these Conditions and for 3 years thereafter, the Motorcycle Buying Partner shall keep separate accounts and records in relation to its obligations under this Condition 5, which shall be sufficient to enable Bike Bidder to check the accuracy of the information contained in the statements submitted under Condition 5.1. Bike Bidder and/or its authorised nominee shall be entitled to inspect and audit such books and records on 5 Working Days’ notice during business hours during the term of these Conditions and for 3 years thereafter and to take copies of or extracts from such books and records. The Bike Bidder Buying Partner shall cooperate fully with any such inspection or audit at all times. 
  6. If any inspection carried out under Condition 5.7 demonstrates that any monies are owing to Bike Bidder, the Motorcycle Buying Partner shall ensure that such monies are paid within 7 days of notification. Where any such inspection or audit is made necessary by the failure of the Motorcycle Buying Partner to supply a statement, or if the shortfall due to Bike Bidder is greater than 2% of the monies due in respect of the [month] in question, the Motorcycle Buying Partner shall reimburse Bike Bidder for the reasonable costs of any such inspection or audit.
  7. The Motorcycle Buying Partner acknowledges that Bike Bidder shall be entitled to amend the calculation of the Fee at any time on written notice to the Motorcycle Buying Partner but any amendment shall not affect any Bid already received by a Motorcycle Buying Partner.

6. Confidential Information

  1. Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, Motorcycle Buying Partners, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).
  2. The Receiving Party shall not, and shall ensure that its employees shall not, use, copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.
  3. The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.
  4. The provisions of Conditions 6.1, 6.2 and 6.3 shall not apply to any Confidential Information which:
    1. is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party; 
    2. is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or 
    3. is required to be disclosed by any court, government or administrative authority competent to require disclosure.

7. Data Protection

  1. For the purposes of this Condition 7, and “appropriate technical and organisational measures”, “controller”, “data subject”, “personal data breach”, “processing and process”, “processor” and “supervisory authority” shall have the meanings given to them in the Data Protection Legislation.
  2. The parties acknowledge and agree that in order to facilitate the Motorcycle Buying Partner’s purchase of any Vehicle, Bike Bidder is required to send Personal Data relating to the relevant Seller to the Motorcycle Buying Partner. With respect to such Personal Data, the parties agree:
    1. that the data specification at Condition 7.4 shall apply; 
    2. that each of the parties shall be an independent controller of the Personal Data and shall comply with, and be separately responsible for complying with, their obligations under Data Protection Legislation with respect to the Personal Data; 
    3. that the Personal Data will be shared using secure methods as agreed in writing; 
    4. in the event of a notice, request, dispute or claim brought by a data subject, supervisory authority, or other third party concerning the processing of the Personal Data against either or both parties, the parties will inform each other about such notice, dispute or claim, and will cooperate with each other to resolve the matter; 
    5. to appoint a single point of contact for communications relating to the processing of Personal Data, and to inform the other party of such point of contact promptly upon entering into these Conditions; and 
    6. the Personal Data is provided by Bike Bidder “as is” to the fullest extent permissible pursuant to applicable law. Bike Bidder disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Personal Data, its use and the results of such use. Bike Bidder specifically disclaims any warranty regarding correctness, quality, accuracy, or reliability 
  3. The Motorcycle Buying Partner agrees:
    1. that it shall only process the Personal Data in accordance with the principles of the UK GDPR (article 5), where it has a legal basis to do so under UK GDPR (article 6), and for the purpose more particularly described in the data specification at Condition 7.4.3 (“Agreed Purpose”);
    2. to take reasonable steps to ensure the reliability of any employee who may have access to the Personal Data, ensuring in each case that: (i) access is strictly limited to those individuals who need to know and/or access the relevant Personal Data and (ii) all such individuals are subject to confidentiality undertakings, whether contractual or statutory; 
    3. not to share the Personal Data with any third party other than with Bike Bidder’s express written consent;
    4. that it shall implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss or destruction, alteration or disclosure of, or damage; 
    5. in relation to a personal data breach affecting the Personal Data: (i) to notify Bike Bidder without undue delay in the event of such personal data breach, setting out reasonable particulars, and to provide Bike Bidder with any other information Bike Bidder may reasonably request in relation to such personal data breach and (ii) to take immediate steps to mitigate and remediate such personal data breach, and to take such reasonable commercial steps as are directed by Bike Bidder to assist in the mitigation and remediation of the personal data breach; 
    6. not to transfer the Personal Data outside of the UK unless in compliance with Data Protection Legislation; and
    7. to: (i) retain the Personal Data for no longer than is reasonably necessary for the Agreed Purpose, (ii) securely delete the Personal Data thereafter, and (iii) provide written confirmation of such secure deletion at Bike Bidder request. 
  4. Personal Data Specification:
    1. Categories of data subject: Sellers. 
    2. Categories of Personal Data: name, email address, address, phone number, date of birth, signature, photograph (on driving licence), bank account information, Seller Vehicle Data and photographs or scans of documents containing the foregoing. 
    3. Purpose of sharing Personal Data: in order to facilitate the Motorcycle Buying Partner’s purchase of a Vehicle from a Seller. 

8. Warranties

  1. Each of the parties represents, warrants and undertakes that:
    1. it has the right, power and authority to enter into these Conditions and to perform fully all of its obligations under these Conditions; and 
    2. the performance of these Conditions shall not breach any other agreement entered into by it.
  2. Bike Bidder makes no warranty or guarantee that a Seller will comply with the provisions of a Vehicle Sales Contract. Accordingly, Bike Bidder shall not be liable for any costs, claims, losses, expenses or damages incurred by the Motorcycle Buying Partner as a result of any act or omission of a Seller.
  3. Bike Bidder makes no warranty, representation, endorsement or recommendation in respect of any of the Seller Vehicle Data or any Vehicle the Motorcycle Buying Partner agrees to satisfy itself that the Vehicle complies with the Seller Vehicle Data on inspection of the Vehicle and before purchasing it from the Seller. Accordingly, the Motorcycle Buying Partner acknowledges and agrees that Bike Bidder shall not be liable for any costs, claims, losses, expenses, liabilities or damages incurred by the Motorcycle Buying Partner or any third party for the Seller Vehicle Data and/or the Vehicle itself.
  4. Bike Bidder makes no warranty, representation, endorsement or recommendation in respect of the Transport Company or the Transport Services. The Motorcycle Buying Partner agrees to make all appropriate enquiries to satisfy itself that the Transport Company is suitable to provide the Transport Services and that the Transport Services are suitable for the Motorcycle Buying Partner’s needs. Accordingly, the Motorcycle Buying Partner acknowledges and agrees that Bike Bidder shall not be liable for any costs, claims, losses, expenses, liabilities or damages incurred by the Motorcycle Buying Partner or any third party as a result of any act or omission of the Transport Company including any loss or damage to the Vehicle which arise in respect of the Transport Services or otherwise.

9. Limit of Liability

  1. Neither party shall be liable to the other party under these Conditions, in contract, tort (including negligence), under statute or otherwise, in relation to its acts or omissions under these Conditions for any:
    1. economic loss (including loss of revenues, profits, contracts, business or anticipated savings); 
    2. loss of reputation or goodwill; 
    3. wasted expenditure;
    4. loss of data or content; and/or 
    5. special, indirect or consequential loss even if advised of the possibility of such losses.
  2. Bike Bidder’s total liability arising out of or relating to these Conditions or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to:
    1. the Fee paid by the Motorcycle Buying Partner relating to the Vehicle that is the subject of the claim; or 
    2. if the claim does not relate to a Vehicle, the Fee paid by the Motorcycle Buying Partner in the 6 (six) months preceding the date of the claim.
  3. Nothing in these Conditions shall limit or exclude a party’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.

10. Termination

  1. Without prejudice to any other rights or remedies which may be available to it, either party shall be entitled to give notice in writing to the other party terminating the Conditions immediately on written notice.
  2. On termination of these Conditions:
    1. the Fee shall remain due in respect of any Bid made by the Motorcycle Buying Partner that is accepted by a Seller; and
    2. all outstanding sums due to Bike Bidder shall immediately become payable.
    3. For the avoidance of doubt, termination of these Conditions shall not affect either parties’ rights or remedies accruing before the date of termination and the following Conditions shall remain in force notwithstanding termination: Conditions 5 (Fee), 6 (Confidential Information), 8 (Warranties), 9 (Limit of Liability), 10 (Termination) and 13 (General).

11. Force Majeure

  1. For the purposes of this Condition 11 an event of “Force Majeure” means any event beyond the reasonable control of either party, including war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, (but excluding strikes, lockouts and labour disputes involving employees of the party affected) riot, civil commotion, accident, act of God, fire, flood and storm.
  2. If a party is prevented, hindered or delayed from or in performing any of its obligations under these Conditions by an event of Force Majeure, the affected party’s obligations under these Conditions are suspended while the event continues and to the extent that it is prevented, hindered or delayed and these Conditions may be terminated by the other party on written notice.
  3. A party may not rely on this Condition 11 for any failure to pay any sums due.

12. Use of the Website

  1. Bike Bidder or its licensors own all intellectual property rights in the Website, information and content available on the Website, any associated database, any proprietary software used within the Website and the underlying source code (the Bike Bidder IP). All rights are reserved.
  2. Bike Bidder grants you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use Bike Bidder IP only to the extent necessary to retrieve, display and print content pages for your own personal, non-commercial use of the Website, subject always to compliance with these Conditions. 
  3. You shall access the Website in accordance with all applicable laws. In particular, but without limitation, you agree not to:
    1. try to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website; 
    2. use the Website in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Website; and/or 
    3. except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website. 
  4. There may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. 
  5. Bike Bidder uses reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code, but Bike Bidder cannot guarantee that the Website will be free from bugs, viruses or malicious code and Bike Bidder is not liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs or data due to your use of our website.

13. General

  1. These Conditions contain the entire agreement of the parties with respect to their subject matter and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions. Bike Bidder may update these Conditions at any time, and shall provide written notice to the Motorcycle Buying Partner at the email address provided to Bike Bidder if the change to these Conditions is in Bike Bidder’s reasonable view a substantial change.
  2. The Motorcycle Buying Partner shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise, without the prior written consent of Bike Bidder. Any attempted assignment or delegation that does not comply with this Condition 13.2 shall be of no effect. 
  3. Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision. 
  4. If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties. 
  5. Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other. In providing payment processing services Bike Bidder does not act as agent of the Motorcycle Buying Partner or the Transport Company.
  6. These Conditions are governed by and will be construed in accordance with the laws of England and Wales.
  7. The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Conditions.