Terms & Conditions

PADDLUP LIMITED Terms & Conditions Version 1.0 2021 

ALL RIGHTS ARE RESERVED FOR PADDLUP LIMITED TO UPDATE, AMEND AND/OR VARY THESE TERMS  AND CONDITIONS FROM TIME TO TIME AT ANY TIME AS IT DEEMS FIT. NO AMENDMENT TO THE TERMS AND  CONDITIONS WILL BE BINDING UNLESS AGREED IN WRITING BY PADDLUP. 

THESE TERMS AND CONDITIONS SHALL GOVERN ANY ENTRY OF A VEHICLE FOR SALE BY AUCTION OR  OTHERWISE WITH PADDLUP AND THE PURCHASE OF ANY VEHICLES USING THE PADDLUP PLATFORM. 

BY ACCEPTING THESE TERMS AND CONDITIONS ANY BUYER AND/OR SELLER AGREES THAT THESE  TERMS AND CONIIONS ARE BINDING UPON THEM. 

A COPY OF THESE TERMS AND CONDITIONS CAN BE FOUND ON THE PADDLUP WEBSITE AT  WWW.PADDLUP.COM OR CAN BE OBTAINED ON REQUEST BY CONTACTING PADDLUP OR ATTENDING THE  PADDLUP PREMISES. 

CONDITIONS 10, 14, 15 AND 16 CONTAIN CERTAIN TIME LIMITS THAT MAY ONLY BE EXERCISED IN SET TIME  LIMITS. YOU ARE ENCOURAGED TO DRAW YOUR ATTENTION TO THESE SPECIFIC CONDITIONS. 

  1. DEFINITIONS AND INTERPRETATION  

1.1 In these Terms and Conditions the following words  and phrases shall, unless the context otherwise  requires, have the following meanings:  

Applicable Law: shall mean any all laws, statutes,  regulations, orders and rules in each case having the  force of law that apply to the operation of these  Conditions. 

Appraisal: means the appraisal performed and  produced by Paddlup and signed by the Seller in respect  of a Vehicle upon Collection or Delivery from the Seller  appraising the Vehicle’s physical condition at that point  in time. 

As Is: (also referred to in the vehicle remarketing sector  as “as seen”) in relation to a Vehicle sale means that the  Vehicle is sold and purchased where it is in its actual  state and condition as at the Point of Sale, including with  any faults and defects affecting the vehicle (if any) and,  except for that term, the Contract for Sale shall not  contain any condition, warranty or other term (whether  express or implied and whether implied by statute,  common law, custom or otherwise) as to the age,  description, suitability, fitness for purpose, satisfactory  quality or roadworthiness of the Vehicle. All such  conditions, warranties and other terms are excluded in  respect of any Vehicle sold “As Is” to the extent  permitted by Applicable Law. The fact that the Buyer has  not had the opportunity physically to inspect the Vehicle  shall not prevent the Vehicle from being sold “As Is”. 

Auction: means any auction (of any format or type) of  a Vehicle operated by Paddlup (whether physical or  online or both), including for the avoidance of doubt the  screening of the Auction by means of Paddlup TV and  including any sale of a Vehicle where a Buyer may  submit a bid for specified Hammer Price to purchase the relevant Vehicle. 

Auctioneer: shall mean Paddlup (including any  employee or agent of Paddlup) who conducts the  relevant Auction. 

Authorised Introducer: means a member of Paddlup’s  authorised introducer programme for the introduction of  Vehicles to Paddlup for sale by Auction as detailed on  the Paddlup Website. 

Buyer: means any participant in an Auction who may  bid on a Vehicle and the ultimate buyer of a Vehicle  offered for sale by a Seller following the highest bid  accepted by the Auctioneer (including, in the case of  online Auctions, by or through the Paddlup Website) at  the Point of Sale or by Private Treaty Sale and reference  to the Buyer shall, where the context so requires,  include any authorised registrant on the Buyer’s account  with Paddlup. 

Buyer’s Fee: means the additional fee payable by the  Buyer to Paddlup which shall be equivalent to 5% of the  Hammer Price on the completion of an Auction. 

Buyer’s Sign Off: means the completion of the  Paddlup’s sign off process completing delivery of a  Vehicle to the Buyer and releasing the proceeds of a  Contract for Sale from the Paddlup Escrow Account to  the Seller and the subsequent release of the Buyer’s  Fee to Paddlup. 

Buyer Sign Up Application: means the application  process which all prospective Buyers must complete  before obtaining an account with Paddlup and being  able to bid at Auction. 

Collection: means the collection of obtaining of a  Vehicle either by Paddlup, the Seller, the Buyer or any  other third party courier as the case may be. 

Consignment Request: a request in the form required  by Paddlup to be completed by the Seller (whether or not introduced to Paddlup by an Authorised Introducer)  requesting Paddlup to submit a Vehicle to Auction. 

Contract for Sale: means the contract for sale of a  Vehicle entered into between the Seller and the Buyer.  

Deposit: means a part payment of the Price in relation  to a Vehicle which at all times must not be less than  100% of the Price. 

Delivery: means the transportation and deliverance of  a Vehicle to a location either by Paddlup, the Seller, the  Buyer or any other third party courier as the case may  be. 

Finance: means any funding arrangement (other than  cash) obtain and used for the purposed of purchasing a  Vehicle. 

Group: means in relation to a company its ultimate  holding company and each of its ultimate holding  company’s other subsidiaries from time to time (a  “holding company” and “a subsidiary” being as defined  in section 1159 of the Companies Act 2006). 

Hammer Price: means, in respect of a Vehicle, the  highest bid accepted by the Auctioneer for the sale of  that Vehicle or, in the case of any fixed-Hammer Price  Vehicle sale, the required Hammer Price in order to  purchase the relevant Vehicle. 

Intellectual Property Rights: patents, utility models,  rights to inventions, copyright and neighbouring and  related rights, moral rights, trade marks and service  marks, business names and domain names, rights in  get-up and trade dress, goodwill and the right to sue for  passing off or unfair competition, rights in designs, rights  in computer software, database rights, rights to use, and  protect the confidentiality of, confidential information  (including know-how and trade secrets) and all other  intellectual property rights, in each case whether  registered or unregistered and including all applications  and rights to apply for and be granted, renewals or  extensions of, and rights to claim priority from, such  rights and all similar or equivalent rights or forms of  protection which subsist or will subsist now or in the  future in any part of the world. 

Paddlup: means Paddlup Limited (registered in  England and Wales with company number: 12154651)  whose registered office is at The Paddlup Rooms  Callow Park, Brinkworth, Chippenham, Wiltshire,  England, SN15 5FD or any other company in Paddlup’s  Group which at the relevant time and place has the  conduct of an Auction. 

Paddlup Concierge Team: means the team appointed  by Paddlup attend to the needs of all potential and  actual Sellers and Buyers using the Paddlup Platforms. 

Paddlup Escrow Account: means the account to be  advised by Paddlup to a Buyer, operated by Paddlup for  the purpose of acceptance, holding and release of the  Hammer Price and Buyer’s Fee from the Buyer on the  purchase of a Vehicle to be released upon the Buyer’s  Sign Off in respect of a relevant Vehicle. 

Paddlup Fees: means any costs or expenses properly  incurred on behalf of the Seller or the Buyer in  accordance with these Conditions including, but not  exclusive to, any costs for Delivery, Collection, storage,  legal action against the Buyer or Seller, photography of  the Vehicle, repairs to the Vehicle and detailing of the  Vehicle. 

Paddlup Platform(s): means the Paddlup Website, or  any other systems, platforms or electronic means of  communication made available by Paddlup to Sellers  and/or Buyers in connection with the sale and purchase  of the Vehicles. 

Paddlup Premises: means the premises located at The  Paddlup Rooms Callow Park, Brinkworth, Chippenham,  Wiltshire, England, SN15 5FD. 

Paddlup Social(s): means any social media platform,  including but not exclusive to: Instagram, Facebook,  Twitter, Pinterest, LinkedIn, which is owned and  operated by Paddlup. 

Paddlup Website means the website located at  https://www.paddlup.com, or any replacement website  from time to time. 

Paddlup TV: shall mean the channel hosted by Paddlup both online and at the Paddlup Premises for the screening of the final part of an Auction for a Vehicle. 

Point of Sale: means when the Auctioneer announces  completion of sale of the Vehicle by the fall of the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another customary manner. 

Pre-Consignment Checks: any and all due diligence, checks and verification of the Vehicle and the Seller as Paddlup in its absolute discretion sees fit to perform  before Collection or Delivery of the Vehicle to the Paddlup Premises. 

Pre-Sale Vehicle Information: means, in respect of a  Vehicle, the information relating to it made available to  the Buyer (whether online or otherwise) prior to the  Auction in which that Vehicle is sold.

Price: means in relation to a Vehicle the aggregate of  the Hammer Price and the Buyer’s Fee. 

Private Treaty Sale: shall have the meaning given in  Condition 25.2. 

Reserve Price: means the minimum Hammer Price that  the Seller is willing to accept for the Vehicle being sold  at an Auction previously agreed prior to Auction  between the Seller and Paddlup. 

Seller: means the seller or prospective seller of a  Vehicle at an Auction on whose behalf the Auctioneer is  auctioning the Vehicle. Reference to the Seller shall,  where the context so requires, include any authorised  registrant on the Seller’s account with Paddlup; 

Serious Accident Damage: means any previous or  existing structural damage to the Vehicle so extensive  that the repair included (or should have included) a body  alignment check as part of the repair process. 

Vehicle: means any kind of motor car, supercar, motor  cycle or motorised caravan, every kind of commercial,  agricultural and other self-propelled vehicle, together  with mechanical and electrical plant and equipment. 

Vehicle Consignment Data: means, in respect of a  Vehicle, the information (whether in hard copy or  electronic form) containing details of the Vehicle, which  is completed by the Seller or by Paddlup on the Seller’s  behalf including, for the avoidance of doubt, any  information uncovered by means of the Pre Consignment Checks and/or the Appraisal undertaken by Paddlup; 

Write Off: means structural or other damage to the  Vehicle that results in the Vehicle being categorised as  a write-off for insurance purposes, and/or previously  categorised in any context as salvage or otherwise  beyond economic repair. 

1.2 Illustrations and photographs of a Vehicle  published by Paddlup on the Paddlup Website or  elsewhere are for identification purposes only. A photograph or illustration may not reflect an  accurate reproduction of the colour(s) or true state  and condition of the Vehicle. 

1.3 The age of a Vehicle shall be calculated by  reference to the year in which the Vehicle was first  registered in the United Kingdom. Every reference  in these Conditions, in any Vehicle Consignment  Data or other document or by the Auctioneer to “the  age” of a Vehicle shall be construed accordingly. If  such year cannot be determined, then the Vehicle will be offered for sale as “date of registration  unknown”.

1.4 A person includes a natural person, corporate or  unincorporated body (whether or not having  separate legal personality).  

1.5 A reference to a party includes its successors and  permitted assigns.  

1.6 A reference to a statute or statutory provision is a  reference to it as it is in force from time to time,  taking account of any amendment, extension or re enactment and includes any subordinate legislation  from time to time in force made under it.  

1.7 Any words following the terms “including”,  “include”, “in particular”, “for example” or any  similar expression shall be construed as illustrative  and shall not limit the sense of the words,  description, definition, phrase or term preceding those terms.  

1.8 A reference to writing or written excludes fax but  includes email unless expressly provided otherwise  in these Conditions.  

1.9 Headings are for convenience only and shall not affect the interpretation of these Conditions.  

1.10 Words in the singular include the plural and vice  versa and reference to any gender includes all  genders.  

  1. ACCEPTANCE OF VEHICLES BY PADDLUP 

2.1 Following the submission of a Consignment  Request by the Seller, so that Paddlup may  perform all of the Appropriate Pre-Consignment  Check and submit the Vehicle to Auction, the Seller  shall provide to Paddlup: 

2.1.1 the Vehicle available for Auction (whether  through Collection or Delivery to the Paddlup  Premises, or otherwise); 

2.1.2 the Vehicle registration document (Form V5) or  any substitute for that document approved in  writing by Paddlup (if any); 

2.1.3 provide any subsisting test or plating or other  document relating to the Vehicle;  

2.1.4 all keys (whether physical or digital), locking  wheel nut, codes, fobs, passwords or other devices, data or items necessary to unlock  and/or operate the Vehicle; and  

2.1.5 subject to Condition 4, provide to Paddlup the  Vehicle Consignment Data fully completed and  signed or otherwise validated by the Seller.  Where the Seller provides the Vehicle  Consignment Data to Paddlup online via the  Paddlup Website, the Seller’s email address will  be recorded by Paddlup. Any and all Vehicle  Consignment Data and other information  relating to a Vehicle received by Paddlup from  the Seller’s recorded email address shall be  deemed to be provided by or on behalf of the  Seller.  

2.2 Paddlup may (in its absolute discretion): 

2.2.1 enter a Vehicle into an Auction even where the  Seller fails to comply with one or more of the  Conditions at 2.1.1 - 2.1.5; or 

2.2.2 refuse to enter a Vehicle into an Auction if the  Seller has failed to comply with any of the  Conditions at 2.1.1 - 2.1.5.  

2.3 Any Vehicle entered into an Auction may have  been used for business purposes and/or by  multiple users. Previous ownership, whilst  indicative of use, is not conclusive evidence of the  state of the Vehicle. Paddlup shall not be liable to  the Buyer as a result of any Vehicle having been  used by the Seller or any previous registered  keeper for business purposes and/or such Vehicle  having been used by multiple users. 

2.4 The Seller acknowledges that Paddlup may use the  Seller’s details, and may share the Seller’s details,  in each case for legitimate business purposes,  including (but not limited to) the Pre-Consignment  Checks, due diligence screening and the  prevention, detection and investigation of possible or actual crime. Such due diligence screening may  include (but is not limited to) identification checks,  anti-money laundering checks, credit checks and  sanctions screening. In addition, Paddlup shall  have the right to provide either party to a Contract  for Sale in respect of a Vehicle with the name,  address, telephone number and email address of  the other party to such contract.  

  1. SELLER’S WARRANTIES AND VEHICLE  CONSIGNMENT DATA 

3.1 In the case of each Vehicle accepted for Auction in  accordance with Condition 2, the Seller warrants  and represents to Paddlup and the Buyer that,  unless specifically disclosed otherwise by the  Seller in the Vehicle Consignment Data:  

3.1.1 the Seller has the absolute right and title to sell  the unencumbered legal and beneficial interest  in the Vehicle free from all liens, charges,  encumbrances and third party claims; 

3.1.2 if Paddlup sells the Vehicle at the Auction or by  Private Treaty Sale, the sale of the Vehicle will  conform in every respect with the terms implied  by the Sale of Goods Act 1979, Sections 12(1)  and 12(2); 

3.1.3 the Vehicle bears its proper registration mark  and vehicle identification number; 

3.1.4 the Vehicle has not been treated by an  insurance company as a Write Off;  

3.1.5 the Vehicle has not sustained Serious Accident  Damage;  

3.1.6 the Vehicle has not been used by the police and  has not been used as a licensed hackney  carriage/taxi or private hire vehicle;  

3.1.7 the Vehicle has not been re-registered or  imported;  

3.1.8 the Vehicle has not sustained flood damage;  

3.1.9 the Vehicle has not been stolen and  subsequently recovered;  

3.1.10 the odometer reading is not warranted;  

3.1.11 there are no known inaccuracies in relation to  the Vehicle’s mileage; 

3.1.12 all keys (whether physical or digital), locking  wheel nuts, codes, fobs, passwords or other  devices, data or items necessary to unlock  and/or operate the Vehicle are in full working  order or are valid (as the case may be);  

3.1.13 if the Vehicle carries a registration plate which  is to remain assigned to the Vehicle, the Seller  has the absolute right to sell the right to use that  plate along with the Vehicle; 

3.1.14 the Vehicle is in such a condition as will allow it  to be lawfully used upon the road immediately  on its sale in an Auction. 

3.2 If the Vehicle carries a registration plate which is  not to be sold with the Vehicle, the Seller shall  confirm that fact in the Vehicle Consignment Data and shall be responsible for making any and all the  necessary arrangements validly to retain the plate. 

3.3 The Seller further warrants and represents to  Paddlup and the Buyer that the Vehicle  Consignment Data is entirely accurate and  contains details of any known major mechanical  faults. The Seller shall use his best endeavours to  assist Paddlup and make any and all amendments  or updates to the Vehicle Consignment Data as  necessary to ensure that the Vehicle Consignment  Data is accurate as at the Point of Sale. 

3.4 The Seller agrees that Paddlup may (but is not  obliged to) publish before the Auction (whether by  the Paddlup Website or by whatever means  necessary) and announce at the Auction any  information contained in the Vehicle Consignment  Data or supplied by the Seller, any fair summary of  any such information, and any fair description of the  quality, appearance and mechanical wellbeing of  the Vehicle.  

3.5 Where a Seller offers a Vehicle for sale via online  Auction the Seller warrants that: 

3.5.1 it shall not enter into a contract (“Third Party  Contract”) for the sale of the Vehicle otherwise  than via the Auction by Paddlup whilst it is being  so offered; and  

3.5.2 acknowledges that, if they breach Condition  3.5.1, they may be liable to one or more Buyers,  Paddlup and any purchaser under the Third  Party Contract. 

  1. COMPLETION OR UPDATING OF VEHICLE CONSIGNMENT DATA BY PADDLUP ON THE  SELLER’S BEHALF  

4.1 This Condition 4 shall apply if the Seller requests  Paddlup to complete all or any part of the Vehicle  Consignment Data on the Seller’s behalf and  Paddlup agrees to do so and upon completion of  Paddlup’s Appraisal of the Vehicle. 

4.2 Paddlup may agree with the Seller that Paddlup  will, on behalf of the Seller, complete or update all  

or part of the Seller’s Vehicle Consignment Data in  respect of a specified Vehicle. No such agreement  shall be implied by reason only of the fact that  Paddlup has accepted a Vehicle into the Auction  without any Vehicle Consignment Data or with  incomplete Vehicle Consignment Data.  

4.3 Notwithstanding the agreement between Paddlup and the Seller for Paddlup to complete all or part of  the Seller’s Vehicle Consignment Data in respect  of a Vehicle in accordance with Condition 4.2:  

4.3.1 the Seller at all times remain liable for the  accuracy of the Vehicle Consignment Data; 

4.3.2 unless the Seller has notified Paddlup in writing  (including email) to the contrary (either  generally or in respect of any particular  Vehicle), Paddlup shall complete the relevant  Vehicle Consignment Data and the Seller shall  be deemed to give all of the warranties and  representations set out in Condition 3.1 in  relation to the Vehicle;  

4.3.3 if the Seller cannot give any of the warranties  and representations set out in Condition 3.1, the  Seller must notify Paddlup promptly in writing  (including email) prior to Paddlup completing  the Vehicle Consignment Data on behalf of the  Seller and, in any event, prior to the Vehicle  being entered into the Auction. The Seller shall  indemnify Paddlup against all costs, liabilities,  expenses, damages and losses (including but  not limited to any direct, indirect or  consequential losses, loss of profit, loss of  reputation and all interest, penalties and legal  costs (calculated on a full indemnity basis) and  all other professional costs and expenses)  suffered or incurred by Paddlup arising out of or  in connection with the Seller’s failure to notify Paddlup in accordance with this Condition  

4.3.4 that it cannot give any of the warranties and  representations set out in Condition 3.1;  

4.3.5 the Seller may request Paddlup to enter all or  any Vehicle(s) in the Auction “As Is” or may  advise Paddlup as to the mechanical condition  of a Vehicle, in which event Paddlup shall be  entitled complete the Vehicle Consignment  Data relating to that Vehicle in reliance of such  advice. The Seller shall be responsible for the  accuracy of such advice and shall indemnify  Paddlup against all costs, liabilities, expenses, damages and losses (including but not limited  to any direct, indirect or consequential losses,  loss of profit, loss of reputation and all interest,  penalties and legal costs (calculated on a full  indemnity basis) and all other professional  costs and expenses) suffered or incurred by  Paddlup arising out of or in connection with the  accuracy of such advice and/or information  provided by the Seller; 

4.3.6 where no advice, directions or instructions have  been given by the Seller in relation to any  particular Vehicle’s mechanical condition,  Paddlup may (but is not obliged to): 

  1. a) insert and/or update details of the Vehicle’s  mechanical condition in the Vehicle  Consignment Data provided that it has first  satisfied itself as to the mechanical  condition of the Vehicle and as to whether  it can be used lawfully upon the road; or  
  2. b) enter the Vehicle into the Auction “As Is”;  and  

4.3.7 Paddlup has no liability to the Seller or the  Buyer as a result of any inaccuracy in the  Vehicle Consignment Data or in any publication  or announcement based on the Vehicle  Consignment Data unless and to the extent that  Paddlup has made an error when following the  Seller’s advice in relation to the Vehicle  Consignment Data or announcement. In that  event, the Seller’s and the Buyer’s sole remedy  against Paddlup shall be a contractual claim for  breach of these Conditions. Any claim shall be  subject always to the limitations on Paddlup’s  liability set out in Condition 10.  

  1. VEHICLE DOCUMENTS  

5.1 If Paddlup accepts a Vehicle into an Auction  despite the failure of the Seller to deliver to Paddlup either the Vehicle registration document or a  substitute for that document approved by Paddlup  in accordance with Condition 2.1.2, the fact that no  such document has been delivered to Paddlup  shall be disclosed in the relevant Pre-Sale Vehicle  Information and/or announced by the Auctioneer.  

5.2 If Paddlup accepts a Vehicle into Auction and the  Seller informs Paddlup that there are subsisting  test or plating documents relating to the Vehicle  which have not been delivered by the Seller to  Paddlup in accordance with Condition 2.1.3, the  fact that such document or documents have not  been delivered shall be disclosed in the relevant  Pre-Sale Vehicle Information and/or announced by the Auctioneer.  

5.3 In the event of a disclosure in the relevant Pre-Sale  Vehicle Information and/or an announcement by  the Auctioneer under Condition 5.1 or 5.2: 

5.3.1 neither the Seller nor Paddlup shall be under  any obligation to procure, deliver or produce  any document to which the disclosure in the  Pre-Sale Vehicle Information and/or the  announcement relates; and  

5.3.2 if any document to which the disclosure in the  Pre-Sale Vehicle Information and/or the  announcement relates subsequently comes  into the possession of Paddlup, the only  obligation on Paddlup shall be to post it to the  Buyer at the address recorded for the Buyer on  the purchase invoice for the Vehicle.  

  1. RESERVE PRICES  

6.1 Paddlup may (in its absolute discretion) enter the  Vehicle into the Auction without a Reserve Price if:  

6.1.1 the Vehicle Consignment Data relating to the  Vehicle does not contain a Reserve Price; and  

6.1.2 in reasonable time before the relevant Auction  commences, the Seller has not otherwise  notified Paddlup in writing of any Reserve Price (email, receipt and acceptance of which has  been notified by Paddlup to the Seller, shall be  sufficient for this purpose).  

6.2 Where the Seller specifies a Reserve Price, this  shall be deemed to be inclusive of VAT (where  applicable) unless the Seller otherwise notifies  Paddlup in writing (email, receipt and acceptance  of which has been notified by Paddlup to the Seller,  shall be sufficient for this purpose). 

6.3 The Reserve Price specified in the Vehicle  Consignment Data may not be qualified in any way,  and the Auctioneer may (in their absolute  discretion) disregard anything in the Vehicle  Consignment Data (or any other instruction from  the Seller, whether in writing or otherwise) which  purports to qualify a Reserve Price.  

6.4 When a Vehicle is entered into an Auction with a  Reserve Price:

6.4.1 the Vehicle will not be sold unless the highest  bid meets or exceeds the Reserve Price (except  if the Seller authorises a sale during the  bidding); and 

6.4.2 the Auctioneer shall not be obliged to announce  that Reserve Price unless they withdraw the  Vehicle because it has not reached its Reserve  Price.  

  1. THE CONDUCT OF THE AUCTION  

7.1 Paddlup, without giving any reasons, may refuse to  accept any bid from a prospective Buyer and may  regulate the bidding generally as they see fit. 

7.2 A Contract for Sale between the Buyer and the  Seller for the Vehicle is formed at the Point of Sale.  Ownership of the Vehicle shall pass in accordance  with Condition 18. Risk in the Vehicle shall pass in  accordance with Condition 19.1. 

7.3 If any dispute arises during the bidding or a dispute  arises after the Point of Sale as to what bids were  made or by whom, such dispute shall be referred to  the Auctioneer for their decision. The Auctioneer’s  decision (for which no reason need be given) shall  be final, and the Auctioneer shall have absolute  discretion to cancel the Contract for Sale and to  offer the Vehicle for sale either during the same  Auction, or in a subsequent Auction or other sale  process.  

7.4 If the Auctioneer exercises their discretion to  cancel a Contract for Sale in accordance with  Condition 7.3, neither the Buyer nor the Seller shall  be entitled to rely on the original Contract for Sale  for any purpose whatsoever, except that the Buyer  shall be entitled to the return of any money which  they may have paid in connection with such original  Contract for Sale.  

7.5 The Seller may:  

7.5.1 withdraw a Vehicle from the Auction at any time  before the Point of Sale; or 

7.5.2 bid for a Vehicle themselves up to the Reserve  Price for the Vehicle.  

7.6 The Auctioneer and other employees of Paddlup  may accept written (but not oral) or online  instructions to bid on behalf of prospective Buyers  but are not obliged to accept such instructions. Any such instructions which are accepted are at the  prospective Buyer’s risk. 

7.7 The Auctioneer shall have absolute discretion to  withdraw a Vehicle from an Auction if in their  opinion: 

7.7.1 the bidding does not reach a reasonable level;  or 

7.7.2 there are other reasonable grounds for  withdrawing the Vehicle.  

7.8 The Buyer acknowledges that Paddlup may use  the Buyer’s details, and may share the Buyer’s  details, in each case for legitimate business  purposes, including (but not limited to) due  diligence screening and the prevention, detection  and investigation of possible or actual crime. Such  due diligence screening may include (but is not  limited to) identification checks, anti-money  laundering checks, credit checks and sanctions  screening. In addition, Paddlup shall have the right  to provide either party to a Contract for Sale in  respect of a Vehicle with the name, address,  telephone number and email address of the other  party to such contract.  

7.9 Save as otherwise expressly provided in these  Conditions, the Auctioneer shall have absolute  discretion in relation to offering the Vehicle for sale,  including in relation to:  

7.9.1 the place and date of the Auction at which the  Vehicle is offered for sale, including cancelling  or rescheduling the Auction at which the Vehicle  is offered for sale; 

7.9.2 the format and the type of the Auction at which  the Vehicle is offered for sale; and  

7.9.3 the manner in which the Auction is conducted.

8. “AS IS” VEHICLES  

8.1 Subject to Conditions 9.2 and 11, each Vehicle  shall be sold “As Is” unless specifically stated  otherwise in the Vehicle Consignment Data and/or  the Pre-Sale Vehicle Information. The Auctioneer  may, but is not obliged to, announce that a Vehicle  is being sold “As Is.”  

  1. THE CONTRACT FOR SALE  

9.1 The parties to the Contract for Sale are the Buyer  and the Seller. Paddlup is not a party to the Contract for Sale and is not liable for any breach of  such contract by either the Buyer or the Seller.  

9.2 It shall be a term of the Contract for Sale that: 

9.2.1 unless otherwise disclosed in the relevant Pre Sale Vehicle Information or indicated otherwise  by the Auctioneer, the Seller represents and  warrants to the Buyer that the Vehicle: 

  1. a) has not been treated by an insurance company  as a Write Off; 
  2. b) has not sustained Serious Accident Damage; 
  3. c) has not been used by the police or as a licensed  hackney carriage/taxi or private hire vehicle;  
  4. d) has not been re-registered or imported; e) has not sustained flood damage;  
  5. f) has not been stolen and subsequently  recovered;  
  6. g) is in such a condition as will allow it to be  lawfully used upon the road immediately on its  sale in an Auction; and  
  7. h) unless provided otherwise in these Conditions,  any description applied to the Vehicle by the  Auctioneer or disclosed in the relevant Pre-Sale  Vehicle Information (subject to any  qualifications or corrections to such Pre-Sale  Vehicle Information announced by the  Auctioneer) shall be reasonably accurate. 

9.3 When a Vehicle is described as having no major  mechanical defects, that description shall be  construed as meaning that there is no major  mechanical defect in (but only in) the engine,  gearbox, clutch, brakes, steering and transmission  of the Vehicle. The parties agree that, in  determining the accuracy of the description “no  major mechanical defects”, the age and, if  warranted by the Seller, the mileage of the Vehicle  shall be taken into account.  

9.4 Other than as set out in this Condition 9 and as set  out in Condition 11 (Paddlup Warranties), all  conditions, warranties and other terms (whether  express or implied and whether implied by statute,  common law, custom or otherwise) are excluded from the Contract for Sale to the extent permitted  by Applicable Law. 

  1. LIMITS ON LIABILITY  

10.1 Nothing in these Conditions shall limit or exclude  the liability or remedy of any party for:  

10.1.1 death or personal injury caused by its  negligence, or that of its employees, agents or  sub-contractors; or 

10.1.2 fraud or fraudulent misrepresentation; or 

10.1.3 any act, omission or matter, liability for which  may not be excluded or limited under Applicable  Law.  

10.2 Nothing in these Conditions shall limit or exclude  the liability of the Seller or remedy of any other  party for breach of any obligation as to title implied  by section 12 of the Sale of Goods Act 1979 or  section 2 of the Supply of Goods and Services Act  1982.  

10.3 Subject to Condition 10.1: 

10.3.1 Paddlup shall not be liable to the Buyer or Seller  whether in contract, tort (including negligence),  breach of statutory duty, misrepresentation, or  otherwise, for: 

  1. a) loss of profits; 
  2. b) loss of sales or business; 
  3. c) loss of agreements or contracts;  
  4. d) loss of anticipated savings;  
  5. e) loss of use or corruption of software, data or  information;  
  6. f) loss of or damage to goodwill; 
  7. g) pure economic loss; and/or  
  8. h) indirect or consequential loss.  

10.3.2 Paddlup’s total liability to the Buyer and the  Seller arising under or in connection with the  sale and purchase of any Vehicle, and the  provision of the Auction and related services,  whether arising in contract, tort (including  negligence), breach of statutory duty,  misrepresentation or otherwise, shall in all circumstances be limited to the Hammer Price paid for the Vehicle by the Buyer and shall be  subject to the Buyer and/or the Seller notifying  Paddlup of a claim in writing (and email shall be  sufficient) within the applicable time limits  specified in these Conditions, or if no such time  limit is specified, within 6 months after the date  of the Contract for Sale. 

10.4 The Buyer agrees and acknowledges that the  exclusions of liability contained in these Conditions  (whether for the benefit of the Seller and/or  Paddlup) are fair and reasonable. 

10.5 The Seller agrees and acknowledges that the  exclusions of liability contained in these Conditions  are fair and reasonable.  

  1. PADDLUP WARRANTIES  

11.1 In relation to each Vehicle entered into an Auction  and by Paddlup as Auctioneer, Paddlup warrants  to the Buyer that: 

11.1.1 the Vehicle has been accepted by Paddlup into  the Auction in good faith; 

11.1.2 the Seller has the absolute right to sell the  unencumbered legal and beneficial interest in  the Vehicle; 

11.1.3 if and to the extent announced by the  Auctioneer or disclosed in the Pre-Sale Vehicle  Information that a Vehicle’s mileage is  warranted, the Vehicle’s mileage indicated by  the odometer can be considered accurate.  Otherwise, Paddlup gives no warranty as to the  Vehicle’s mileage and the Vehicle is sold on the  basis that any indication of the Vehicle’s  mileage given by the Vehicle’s odometer may  be inaccurate. If the Buyer discovers any  mileage discrepancies after sale of a Vehicle  without warranted mileage, then it is the Buyer’s  responsibility to investigate and resolve these,  and neither Paddlup nor the Seller accepts any  liability in respect of any such discrepancies; 

11.1.4 unless the Vehicle is sold and purchased “As  Is,” the Auctioneer will announce, and/or the  relevant Pre-Sale Vehicle Information will  disclose, (if applicable) that the Vehicle: 

  1. a) has been treated by an insurance company  as a Write Off; 
  2. b) has sustained Serious Accident Damage; 
  3. c) has been used by the police or as a  licensed hackney carriage/taxi or private  hire vehicle; 
  4. d) has been re-registered or imported; 
  5. e) has sustained flood damage; 
  6. f) has been stolen and subsequently  recovered; and/or 
  7. g) is not in a condition as would allow it to be  lawfully used upon the road immediately on  its sale in an Auction; and  

11.1.5 unless the Vehicle is sold and purchased “As  Is”, the Auctioneer will announce, or the  relevant Pre-Sale Vehicle Information will  disclose, details of any major mechanical defect  declared in the Vehicle Consignment Data. 

11.2 In the event of any breach of the warranties set out  in Conditions 11.1.1 to 11.1.5, the Buyer’s sole  remedy against Paddlup shall be a contractual  claim for breach of these Conditions. Any such  claim shall be subject always to the limitations on 

Paddlup’s liability set out in Condition 10. 

11.3 Except as expressly stated in these Conditions,  Paddlup gives or makes no undertaking,  representation or warranty with regard to any  Vehicle. 

  1. SELLER INDEMNITY  

12.1 If any undertaking, representation or warranty is  found to have been given or made by Paddlup in  good faith and as a result of: 

12.1.1 anything which Paddlup or the Auctioneer is  authorised to publish or announce under  Condition 3.4 (Vehicle Consignment Data); or 

12.1.2 a fair and reasonable description based on the  appearance of the Vehicle; then such  undertaking, representation or warranty shall be  deemed to be given or made by the Seller. The  Seller shall indemnify Paddlup against all costs,  liabilities, expenses, damages and losses  (including but not limited to any direct, indirect  or consequential losses, loss of profit, loss of  reputation and all interest, penalties and legal  costs (calculated on a full indemnity basis) and all other professional costs and expenses)  suffered or incurred by Paddlup arising out of or  in connection with any undertaking,  representation or warranty given or made by  Paddlup on behalf of the Seller in accordance  with this Condition 12.1 

  1. BUYER WARRANTIES AND ACKNOWLEDGMENTS 

13.1 The Buyer warrants and represents to Paddlup  that, if it participates in any Auction, it does so entirely at its own risk.  

13.2 The Buyer shall, before bidding on any Vehicle at  the Auction, satisfy themselves regarding the value  and condition of the Vehicle by inspecting it (if  applicable) and/or making such other background  checks as a reasonable Buyer would make. 

13.3 If a cherished plate is assigned to the Vehicle at the  date of the Auction but is not to be purchased with  the Vehicle:  

13.3.1 this fact will be disclosed in the Pre-Sale Vehicle  Information and/or announced by the  Auctioneer; and 

13.3.2 the Buyer will be obliged to co-operate in the  retention of the cherished registration plate by  the Seller. 

13.4 The Buyer warrants and represents to Paddlup that  all information provided by them to Paddlup  (whether as part of the Buyer Sign Up Application or otherwise, and including, but not limited to, proof  of identity) shall be true, accurate and complete.  The Buyer shall notify Paddlup of any changes or  updates to such information as soon as reasonably  practicable after any such change or update  occurs. 

13.5 Paddlup reserves the right to suspend or withdraw  the Buyer’s account with Paddlup at any time and  for any reason, and without being obliged to give  any reasons for any such suspension or withdrawal  to the Buyer.  

  1. UNROADWORTHY AND DEFECTIVE VEHICLES

14.1 The Buyer agrees that if a Vehicle: 

14.1.1 is in such a condition (whether by reason of its  construction, the state of its brakes, steering,  tyres, lighting equipment, reflectors or other parts) that it is unroadworthy or cannot  otherwise be used lawfully on a road; and/or 

14.1.2 does not have a valid Driver and Vehicle  Standards Agency MOT test certificate or  plating document or any other document  required by law, then the Buyer will not use the  Vehicle on any road or remove it under its own  power from the place at which it is located at the  time of the Auction until it is roadworthy, can be  used lawfully on the road and has all necessary  documents.  

14.2 The Buyer shall, on Paddlup’s request, provide a  written undertaking (in a form acceptable to  Paddlup) to comply with all duties and obligations  imposed on them in respect of the Vehicle by the  Road Traffic Act 1972, the Health and Safety at  Work etc. Act 1974, any subsequent modification  of or re-enactment of either Act or by any other  legislation affecting the use of the Vehicle. If the  Buyer fails to provide such an undertaking upon  request, Paddlup shall be entitled absolutely to  cancel the Contract for Sale. The Vehicle shall then  be offered for sale either during the same Auction,  or a subsequent Auction or other sale process. 

  1. BUYERS RIGHT TO RESCIND 

15.1 The Seller and the Buyer agree that, without  prejudice to any other rights or remedies which the  Buyer may have against the Seller, Paddlup shall  be entitled to, and shall accept a request made by  the Buyer to, rescind a Contract for Sale  (“Rescission Request”), provided that the  conditions set out at Condition 15.2 are met and  that the Buyer’s Rescission Request is based on  one or more of the following grounds: 

15.1.1 the Vehicle has been treated by an insurance  company as a Write Off but this fact was neither  disclosed in the Vehicle Pre-Sale Vehicle  Information nor announced by the Auctioneer;  or 

15.1.2 the Vehicle was not sold and purchased “As Is”  and: 

a) the Vehicle has sustained Serious Accident  Damage but this fact was neither disclosed  in the relevant Pre-Sale Vehicle Information  nor announced by the Auctioneer; or  

b) the Vehicle was used by the police or was  used as a licensed hackney carriage/taxi or private hire Vehicle but this fact was neither  disclosed in the relevant Pre-Sale Vehicle  Information nor announced by the  Auctioneer; or  

c) the Vehicle was re-registered or imported  but this fact was neither disclosed in the  relevant Pre-Sale Vehicle Information nor  announced by the Auctioneer; or  

d) the Vehicle has sustained flood damage but  this fact was neither disclosed in the  relevant Pre-Sale Vehicle Information nor  announced by the Auctioneer; or 

e) the Vehicle was stolen and recovered prior  to sale at Auction but this fact was neither  disclosed in the relevant Pre-Sale Vehicle  Information nor announced by the  Auctioneer; or  

f) the Vehicle was not in such a condition as  would allow it to be lawfully used upon the  road but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information  nor announced by the Auctioneer; or 

g) the relevant Pre-Sale Vehicle Information  did not disclose, or the Auctioneer did not  refer to, a major mechanical defect in the  engine, the gearbox, the clutch, the brakes,  the steering or the transmission, of the  Vehicle but such major mechanical defect  exists; or  

h) the relevant Pre-Sale Vehicle Information or  the Auctioneer materially misrepresented  the mechanical condition of the engine, the  gearbox, the clutch, the brakes, the steering  or the transmission, of the Vehicle; or  

i) it was announced by the Auctioneer or  disclosed in the relevant Pre-Sale Vehicle  Information that a Vehicle’s mileage was  warranted but such mileage was not  reasonably accurate; or  

j) the age of the Vehicle was misrepresented  either in the relevant Pre-Sale Vehicle  Information or by the Auctioneer. 

15.2 The conditions that must be met under Condition  15.1 for Paddlup to be obliged to accept a  Rescission Request are: 

15.2.1 the Buyer has not made any onward sale of the  Vehicle;  

15.2.2 the Buyer has returned the Vehicle (if  applicable) and submitted written notice of their  claim to the Paddlup Customer Claims Team  (details of which can be found on the Paddlup 

Website) within the time specified at Condition  15.3, time being of the essence; 

15.2.3 when written notice of a claim is given under  Condition 15.2.2, the Buyer is not in breach of  any obligation as to payment which has by then  arisen under Condition 18 (Passing of  Ownership of the Vehicle); and 

15.2.4 in the opinion of Paddlup, the grounds for  rescission, or any of them, specified by the  Buyer are substantially correct.  

15.3 The applicable time limits for any claim under this  Condition 15 are as follows: 

15.3.1 for claims under Conditions 15.1.1 (undisclosed  Write Off), 15.1.2a) (undisclosed Serious  Accident Damage, 15.1.2b) (undisclosed use  as a police vehicle or licensed hackney  carriage/taxi or private hire Vehicle), 15.1.2c)  (undisclosed re-registration or import), 15.1.2d)  (undisclosed flood damage), 15.1.2e)  (undisclosed theft and recovery prior to sale) or  15.1.2f) (unroadworthy Vehicles), the Buyer  must submit notice of their Rescission Request  to the Paddlup Customer Claims Team within  forty-eight (48) hours after delivery of the  Vehicle if the delivery was made by or through  Paddlup or within forty-eight (48) hours after  collection of the Vehicle in any other case; 

15.3.2 for claims under Conditions 15.1.2g)  (undisclosed major mechanical defect) or  15.1.2h) (material misrepresentation of  mechanical condition), the Buyer must submit  notice of their Rescission Request to the  Paddlup Customer Claims Team within forty eight (48) hours after delivery of the Vehicle if  the delivery was made by or through Paddlup or  within forty-eight (48) hours after collection of  the Vehicle in any other case; or  

15.3.3 for claims under Conditions 15.1.2i) (inaccuracy  of warranted mileage) or 15.1.2j) (inaccurate  age), the Buyer must submit notice of their Rescission Request to the Paddlup Customer  Claims Team within five (5) 12 days after  delivery of the Vehicle if the delivery was made  by or through Paddlup or within five (5) days  after collection of the Vehicle in any other case,  and details of how to contact the Paddlup Customer Claims Team can be found on the  Paddlup Website. 

15.4 Paddlup shall have absolute discretion to waive all  or any of the conditions set out at Condition 15.2. 

15.5 Paddlup shall have no liability to the Seller by  reason of the fact that a Contract for Sale has been  rescinded pursuant to this Condition 15, except  where liability cannot be excluded by Applicable  Law.  

  1. PADDLUP APPRAISAL 

16.1 Where Paddlup (or a third party on Paddlup’s  behalf) has provided an Appraisal on the Vehicle in  respect of, and assigned a body condition grade to,  a Vehicle, then Paddlup shall not be liable to the  Buyer or the Seller for any omission from, or  inaccuracy in the information presented in, the  Paddlup’s Appraisal unless any such omission or  inaccuracy is of such magnitude that, had it been  taken into account when assigning the condition  grade to the Vehicle, the condition grade assigned  would have been inferior to that actually assigned  to the Vehicle.  

16.2 In that event, the Seller’s and the Buyer’s sole  remedy against Paddlup shall be a contractual  claim for breach of these Conditions. Any such  claim shall be subject always to the limitations on  Paddlup’s liability set out in Condition 10, and  Paddlup’s total liability for such omission from, or  inaccuracy in the information presented in, the  Vehicle appraisal report shall in all circumstances  be limited to the reasonable cost of rectifying the  defect omitted from, or inaccurately described in,  the Vehicle appraisal report. 

16.3 All claims in respect of the Vehicle appraisal report  and assigned condition grade must be made in  accordance with the Customer Claims process set  out on the Paddlup Website and must be made  within twenty-four (24) hours after delivery of the  Vehicle if the delivery was made by or through  Paddlup or at the time of collection of the Vehicle  in any other case. 

  1. PADDLUP CHARGES  

17.1 The Paddlup shall charge to the Buyer the Buyer’s  Fee on all purchases made using a Paddlup  Platform. 

17.2 All Paddlup Fees shall be charged in pounds  sterling. 

17.3 Paddlup shall maintain a list of charges which is  available on request from Paddlup. 

17.4 Paddlup reserves the right to vary its charges from  time to time.  

17.5 Any variation in the charges shall be reported on  the Paddlup Website. 

17.6 Any variation in the charges shall not apply to sales  of Vehicles that have already been completed  before the date the changes to charges are  implemented and (if applicable) published on the  Paddlup Website. 

17.7 All charges payable to Paddlup by the Seller and  the Buyer are exclusive of amounts in respect of  value added tax chargeable from time to time  (“VAT”). Where any taxable supply for VAT  purposes is made by Paddlup to the Seller or the  Buyer, the Seller or the Buyer shall, on receipt of a  valid VAT invoice from Paddlup, pay to Paddlup  such additional amounts in respect of VAT as are  chargeable on the supply of Paddlup’s services or  the Vehicle at the same time as payment is due for  the supply of the services or the Vehicle. 

17.8 Paddlup may charge the Buyer’s Fee: 

17.8.1 at the Point of Sale, whether or not the Contract  for Sale is later rescinded; 

17.8.2 when the Seller is also the Buyer; 

17.8.3 when the Vehicle is sold by way of Private  Treaty Sale; or 

17.8.4 when the Vehicle is re-sold pursuant to  Conditions 22 (Re-Sale when Seller at Fault) or  23 (Default by the Buyer).  

17.9 Paddlup may charge the Buyer an entry fee and  commission and the Buyer’s fee on any sub-sale  effected by the Buyer at the Paddlup Premises. 

17.10 The Seller shall be liable to pay to Paddlup upon  demand any relevant charges or other sums due to Paddlup whether or not payment is received from  the Buyer. 

17.11 Paddlup shall be entitled to charge storage fees  in accordance with Condition 19.  

  1. PASSING OF TITLE OF THE VEHICLE 

Title of the Vehicle shall not pass to the Buyer, and the  Contract for Sale shall not be completed, until the Buyer  has paid to Paddlup the Hammer Price, the Buyer’s Fee,  and any other applicable charges in full in cleared funds.  Until ownership passes, the Vehicle shall remain the  property of the Seller, and the Seller reserves the right  to dispose of the Vehicle.  

  1. RISK AND STORAGE FEES  

19.1 At all times from the Collection or Delivery (as the  case may be) of a Vehicle to Paddlup (whether at  the Paddlup Premises or elsewhere) until risk in the  Vehicle passes to the Buyer, or the Vehicle is  removed by the Seller, the Vehicle is at the risk of  the Seller. From the time when a Contract for Sale  is formed under Condition 7.2 (and regardless of  the terms of Condition 18), the Vehicle is at the risk of the Buyer.  

19.2 Any Vehicle which is not removed from its location  upon expiry of the seventh day after the Point of  Sale of that Vehicle shall, from that time, incur a  storage fee at the then applicable daily rate, and  Paddlup shall have a lien on the Vehicle in respect  of any unpaid storage fees.  

19.3 The Seller shall be liable for storage fees in respect  of any Vehicle at the Seller’s risk and the Buyer  shall be liable for such storage fees in respect of  any Vehicle at the Buyer’s risk.  

  1. PAYMENT BY THE BUYER  

20.1 The Buyer is responsible for ensuring they have the  necessary funds to purchase a Vehicle before  bidding in an Auction. 

20.2 The Price (and any other associated fees) must be  paid by the Buyer to the Paddlup Escrow Account  in full in cleared funds before the Vehicle is  released to the Buyer. 

20.3 Details of acceptable forms of payment can be  found on the Paddlup Website. 

20.4 The Price shall be immediately payable and due  from the Buyer at the Point of Sale. 

20.5 A Deposit in respect of Vehicle must be received in  cleared funds not more than 24 hours after the  Point of Sale. 

20.6 In the event that: 

20.6.1 the Buyer is obtaining Finance to facilitate the  purchase of a Vehicle at a Price; and/or 

20.6.2 the Price is required to be paid in Increments, in each case agreed in advance between the  Buyer and Paddlup, the full balance of the Price  must be received from the Buyer in the Paddlup  Escrow Account before the expiry of 5 days  from the Point of Sale. 

  1. PAYMENT BY PADDLUP TO THE SELLER  

21.1 Paddlup shall not be obliged to pay the Seller  unless and until Paddlup has received payment of  the Price in full in cleared funds from the Buyer. 

21.2 Paddlup may (without notice to the Seller) deduct  from, or set off against, any payment made to the  Seller: 

21.2.1 any unpaid claim which Paddlup may have  against the Seller; or  

21.2.2 any debt or other liability owed by the Seller to  Paddlup (or any other company in the same  Group as Paddlup) whether owed under these  Conditions or any other agreement between the  Seller and Paddlup (or any other company in  the same Group as Paddlup), in each case  whether present or future, actual or contingent,  liquidated or unliquidated, disputed or  undisputed and whether owed jointly or  severally or in any other capacity and  irrespective of the currency of its denomination.  Any exercise by Paddlup (or any other company  in the same Group as Paddlup) of the rights  under this Condition shall not limit or affect any  other rights or remedies available to them under  these Conditions or otherwise. 

21.3 Regardless of any other provisions in these  Conditions, the Seller agrees that, if Paddlup pays  to the Seller the Hammer Price less any deductions  authorised by Condition 21.2 in circumstances  where ownership of the Vehicle has not passed to  a Buyer at Auction, then the Seller’s title to the  Vehicle and all the Seller’s rights arising under and in connection with the Contract for Sale shall  immediately be transferred to Paddlup. In such  circumstances, and promptly on Paddlup’s request,  the Seller shall execute a legal assignment to  Paddlup of the Seller’s title to the Vehicle and rights  arising under and in connection with the Contract  for Sale as necessary to effect the transfer of such  rights and title. 

21.4 If the Contract for Sale is cancelled under Condition  7 or rescinded under Condition 15, Paddlup shall  be entitled to withhold the Hammer Price from the  Seller and to refund the Hammer Price to the  Buyer. 

21.5 If Paddlup has reasonable grounds to believe: 

21.5.1 that the Seller was not entitled to sell the  Vehicle; or  

21.5.2 that the Seller should have notified Paddlup in  the Vehicle Consignment Data or otherwise that  they were not the owner of the Vehicle but failed  to do so; or  

21.5.3 that any facts which the Seller notified to  Paddlup in the Vehicle Consignment Data or  otherwise concerning the ownership of the  Vehicle were inaccurate; then Paddlup shall be  entitled to withhold any sum which would  otherwise be payable by Paddlup to the Seller  until the Seller establishes (to the satisfaction of  Paddlup) that the Seller was not in breach of  any express or implied term of the Contract for  Sale and, if that is not established within a  reasonable time (as determined by Paddlup),  then Paddlup shall have the right:  

  1. a) to retain any such sums until all questions  of title have been resolved; 
  2. b) to pay any such sums to anyone who, to the  reasonable satisfaction of Paddlup,  establishes title to the Vehicle; and 
  3. c) to interplead and to pay any such sums to  Court. 

21.6 The Seller shall indemnify Paddlup against all  costs, liabilities, expenses, damages and losses  (including but not limited to any direct, indirect or  consequential losses, loss of profit, loss of  reputation and all interest, penalties and legal costs  (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or  incurred by Paddlup arising out of or in connection  with Paddlup retaining any sums in accordance  with Condition 21.5.  

21.7 The Seller irrevocably acknowledges and agrees  to Paddlup’s absolute entitlement to the Buyer’s  Fee in relation to any Vehicle. 

22 RE-SALE WHEN SELLER AT FAULT  22.1 In the event that: 

22.1.1 the Contract for Sale has been rescinded under  Condition 15; or 

22.1.2 the Vehicle was not sold after being entered into  Auction, Paddlup shall notify the Seller of that  circumstance (as applicable). If the Seller has  failed by the end of the next working day  following the date of Paddlup’s notice to instruct  Paddlup as to the action which the Seller  requires Paddlup to take, then the Seller shall  be deemed to have authorised Paddlup to enter  that Vehicle into an Auction “As Is” as soon as  reasonably practicable (and timing shall be at  the sole discretion of Paddlup). The subsequent  Auction may be at the Paddlup Premises, online, or any other location.  

22.2 For the purposes of Condition 22.1, Paddlup may  give notice by email or verbally to the Seller, at the  email address or telephone number recorded for  the Seller in the Vehicle Consignment Data.  

  1. DEFAULT BY THE BUYER  

23.1 If the Buyer has in any way failed to comply with  their obligations to pay for the Vehicle (including but  not limited to the Buyer claiming a payment card  charge back), Paddlup shall be entitled, but not  obliged, to do any one or more of the following: 

23.1.1 to sue in Paddlup’s own name for the Hammer  Price plus any applicable Auction charges;  

23.1.2 without prejudice to any other rights which the  Seller may have against the Buyer for breach of  contract or otherwise, immediately as agent for  the Seller to treat the Contract for Sale as  having been discharged (i.e. brought to an end)  by the Buyer’s breach; 

23.1.3 to exercise, in Paddlup’s own name, all the  Seller’s rights to end or avoid the Contract for  Sale and/or to recover the Vehicle from the Buyer or from anyone to whom the Buyer may  have disposed of the Vehicle and/or to claim the  Hammer Price or damages from the Buyer; and 

23.1.4 to re-enter the Vehicle into an Auction, or  otherwise offer the Vehicle for sale, and, in all  cases, Paddlup shall be entitled to charge an  administration fee to the Buyer in respect of  Paddlup’s handling of the Buyer’s default.  Details of the administration fee can be found  on the Paddlup Website.  

23.2 If Paddlup is required to give notice to the Buyer to  end, avoid or rescind the Contract for Sale, such  notice shall be deemed to be given effectively if  successfully sent by email to the email address  recorded for the Buyer in the Vehicle Consignment  Data or invoice. Successful transmission of the  notice shall be deemed to have occurred provided  that Paddlup does not receive an automated email  delivery failure notice. If the Contract for Sale is  avoided on grounds of fraud, such notice shall also  be deemed to have been given effectively if  Paddlup gives notice of the Buyer’s fraud to the  police.  

23.3 If, through no fault of Paddlup, the Buyer fails to  remove the Vehicle from its location for release  after 14 days from the date when the Buyer first  became entitled to remove the Vehicle, Paddlup  shall be entitled to re-enter the Vehicle into an  Auction or otherwise offer the Vehicle for sale.  

23.4 If Paddlup re-enters a Vehicle into an Auction under  Conditions 23.1.4 or 23.3, Paddlup will have  absolute discretion to sell the Vehicle on the basis  of the original Vehicle Consignment Data or “As Is”  and in either case without a Reserve Price.  

23.5 Paddlup shall apply the Hammer Price received on  any Vehicle re-entered into an Auction (“Re-Sale  Hammer Price”) under Conditions 23.1.4 or 23.3 to  discharge the following debts in the following order:  

23.5.1 any sum due to the Seller and/or Paddlup under  the original Contract for Sale; 

23.5.2 the entry fee, commission and Buyer’s fee due  to Paddlup on the re-sale;  

23.5.3 storage fees, if any, owed to Paddlup; and  

23.5.4 Paddlup’s reasonable charges incurred in  connection with re-entering the Vehicle into an Auction or otherwise offering the Vehicle for  sale.  

23.6 If ownership of the Vehicle has passed to the Buyer  before the date of any re-sale of the Vehicle, the  balance of the Re-Sale Hammer Price, if any, shall  be paid to the Buyer. The balance of the Re-Sale  Hammer Price, if any, shall, otherwise, be paid to  the Seller, unless the Seller’s rights have  transferred to Paddlup under Condition 21  (Payment by Paddlup to the Seller), in which case  the balance of the Re-Sale Hammer Price, if any,  shall be retained by Paddlup. Except to the extent  that the application of the Re-Sale Hammer Price has discharged their liability, the original Buyer  shall remain liable in respect of any sum owed to  Paddlup or to the original Seller under the original  Contract for Sale or otherwise. 

  1. RIGHTS RESERVED TO PADDLUP 

24.1 At all times, Paddlup reserves to itself the following  rights, which it may exercise without any reason  being given:  

24.1.1 to refuse to allow any person to enter the  Paddlup Premises or participate in an Auction; 

24.1.2 to refuse to allow any Vehicle to be brought onto  the Paddlup Premises or to be entered into an  Auction; 

24.1.3 to require the Seller immediately to remove a  Vehicle from the Paddlup Premises and, if the  Seller fails to do so, to carry out such removal  and to recover the cost of such removal as a  debt due from the Seller;  

24.1.4 to allocate such lot numbers to Vehicles as  Paddlup sees fit and, despite the lot numbers  which are allocated, to enter Vehicles into the  Auction in such order and at such times as  Paddlup sees fit; 

24.1.5 to charge interest on any overdue payments  owed to it by either the Seller or the Buyer at the  then applicable rate under the Late Payment of  Commercial Debts (Interest) Act 1998; and 

24.1.6 to withdraw or suspend any facility made  available by Paddlup to the Seller or the Buyer,  including (but not limited to) account-holder  rights. 

24.2 If, before Paddlup has parted with possession of a  Vehicle, a claim is made against Paddlup arising  out of, or connected in any way with, the title of the  Seller to that Vehicle or their authority to sell or  authorise its sale, Paddlup shall be entitled but not  obliged to retain the Vehicle and/or withhold  payment from the Seller pending the resolution of  such claim and/or to refund any money paid to  Paddlup by the Buyer. 

  1. PRIVATE TREATY SALES  

25.1 If a Vehicle fails to meet its Reserve Price, Paddlup  shall be entitled but not obliged to inform the Seller  of the highest bid and to provide facilities and  services which the Seller may utilise to make a  contract for the sale of the Vehicle to the highest  bidder or to any other person interested in the  Vehicle.  

25.2 For the purposes of these Conditions, a “Private  Treaty Sale” means:  

25.2.1 any sale resulting from the provision of the  above information, facilities or services; or 

25.2.2 any other sale of the Vehicle which is agreed as  a direct result of the Auction process but is not  a sale effected by the fall of the hammer during  the Auction.  

25.3 When a Private Treaty Sale occurs, Paddlup shall  be entitled to, the Buyer’s Fee and any other  applicable fees and, in the case of a Private Treaty  Sale described at Condition 25.2.2. 

25.4 A Private Treaty Sale shall be on such terms as are  expressly or by implication agreed by or on behalf  of the parties to the Private Treaty Sale, which the  Buyer and the Seller acknowledge shall (unless  otherwise agreed) reflect the terms offered at the  Auction. 

25.5 Paddlup is not, and shall not be deemed to be, a  party to or liable upon a Private Treaty Sale and  shall not incur any liability to any party to the Private  Treaty Sale by reason only of the fact that Paddlup has done one or more of the following, namely: 

25.5.1 transmitted information or said anything which  the Auctioneer could properly have said; 

25.5.2 communicated any offer or acceptance;  

25.5.3 negotiated a contract without disclosing the  name or address of any party;  

25.5.4 agreed to reduce its charges;  

25.5.5 issued an invoice;  

25.5.6 supervised the payment of, or received, the  purchase Hammer Price; or  

25.5.7 supervised the release of a Vehicle.  

25.6 Conditions 12, 14, 16, 19 to 24 (inclusive), and 26  shall apply to Private Treaty Sales with the  following alterations: 

25.6.1 references (however expressed) to things  disclosed in the Pre-Sale Vehicle Information or  said by the Auctioneer shall be taken as  references to things so disclosed or said by the  Auctioneer when, prior to the Private Treaty  Sale, the Vehicle was entered into an Auction;  and 

25.6.2 references (however expressed) to the Auction  at which a Contract for Sale was formed shall  be taken as references to the Auction during  which the Vehicle was last offered for sale.  

25.7 If there is a dispute between the parties to a Private  Treaty Sale, Paddlup shall only be obliged to  provide each party with the name and address of  the other party (to the exclusion of all other  information).  

  1. BUYER’S FEE  

26.1 Paddlup shall charge the Buyer and the Buyer shall  pay to Paddlup a Buyer’s Fee, which will be  charged on the Hammer Price, in respect of  services provided by Paddlup to the Buyer. 

26.2 It is a condition of the Contract for Sale and the  Private Treaty Sale that when the Buyer pays the  Hammer Price of the Vehicle pursuant to Condition  20, they shall also pay to Paddlup the Buyer’s Fee  then applicable, details of which are available on  the Paddlup Website.  

26.3 It is a condition of the Contract for Sale or the  Private Treaty Sale (as applicable) that, if the  Buyer’s Fee is not paid as above, the Buyer: 

26.3.1 shall not be entitled to have the Vehicle  released to them; 

26.3.2 shall be deemed for all purposes to have failed  to pay the Hammer Price in full; and 

26.3.3 shall be liable to Paddlup and the Seller to pay  the Price in full.  

  1. COLLECTION AND DELIVERY 

27.1 Paddlup shall make available to a Seller upon  completion of the Pre-Consignment Checks on a  Vehicle a Vehicle Consignment Agreement for Sale  by Auction which details the terms and conditions  for the Collection and/or Delivery of a Vehicle to the  Paddlup Premises. 

27.2 A Buyer shall have the option at the Point of Sale  to: 

27.2.1 arrange for the Collection of a Vehicle itself; or  

27.2.2 elect to sign a Vehicle Delivery Agreement for  Delivery of the Vehicle to the Buyer. 

27.3 The Buyer shall be required to arrange for  Collection or Delivery of the Vehicle no later than 7  days after the Point of Sale of the Vehicle. 

27.4 Failure on the part of the Buyer to arrange for  Collection or Delivery of the Vehicle within the  timeframe specified in Condition 27.3 shall entitle  Paddlup to charge storage fees in respect of the  vehicle in accordance with Condition 19. 

  1. SPECIAL AUCTIONS  

29.1 For the purposes of this Condition 28, “Special  Auction” means: 

29.1.1 the Auction of a lot which is not a Vehicle; or 

29.1.2 an Auction at premises which are not the  Paddlup Premises; or  

29.1.3 an Auction which is not open to members of the  public; or  

29.1.4 any section of an Auction into which a Vehicle  can only be entered if either or both of the  following conditions apply:  

  1. a) the Vehicle has a likely selling Hammer Price in  excess of a sum specified by Paddlup; and/or 
  2. b) the Vehicle, according to the Vehicle  Consignment Data or to information otherwise  

provided by the Seller, meets certain  requirements specified by Paddlup; or  

29.1.5 the Auction of one or more Vehicles to which  special conditions published by Paddlup apply. 

29.2 In the case of a Special Auction of the type  described at Condition 28.1.1, these Conditions  shall apply with the following modifications: 

29.2.1 the word “Vehicle” shall be replaced with the  word “Lot” throughout and shall mean an item,  which is not a Vehicle, or group of items offered  for sale as one unit; 

29.2.2 any part of any Condition which can only apply  in the case of a Vehicle shall be disregarded,  but the remainder, if any, of the Condition shall  continue to have effect;  

29.2.3 the Seller may specify a Reserve Price in any  manner acceptable to Paddlup;  

29.2.4 each Lot shall be sold “As Is” unless the  relevant Pre-Sale Lot Information or an  announcement made by the Auctioneer states  otherwise; and 

29.2.5 Paddlup’s charges shall be a matter for  negotiation, and Paddlup shall be entitled to  charge a storage fee at the same rate and in the  same circumstances as the parking fee referred  to in Condition 19. 

29.3 These Conditions shall apply to all other types of  Special Auctions described at Conditions 28.1.2 to  28.1.5 (inclusive), except to the extent that they are  modified by or are inconsistent with any special  conditions published by Paddlup with reference to  the Special Auction in question. 

  1. GENERAL  

30.1 Where Vehicles are sold or purchased, or where  Paddlup provides any services under these  Conditions, Paddlup may require certain  information from a Seller or Buyer (as applicable)  which may include personal data (within the  meaning of the Data Protection Act 2018). Any/all  personal data collected by Paddlup for such  purposes shall be processed by Paddlup in  accordance with Paddlup’s Privacy Policy, which  can be accessed on the Paddlup Website at  https://www.Paddlup.co.uk/legal/privacy-policy.

30.2 The Seller and the Buyer each agrees and  undertakes to keep secure, and not share, any  login details which provide them with access to  Paddlup’s systems and online platforms. Paddlup shall be entitled to treat all transactions carried out  on the Seller’s or the Buyer’s account (as  applicable) as legitimate transactions of the Seller  or the Buyer (as applicable) and accordingly the  Seller or the Buyer (as applicable) shall be liable to  Paddlup and (in the case of the Seller) to the Buyer  and (in the case of the Buyer) to the Seller in  respect of them.  

30.3 The Seller and the Buyer agree and acknowledge  that the Driver Vehicle and Licencing Agency  (“DVLA”) is the controller in respect of any personal  data present on the V5 for any Vehicle. The  applicable privacy notice of the DVLA governs the  processing of any such data. The terms controller,  personal data and processing referenced in this  Condition 29.3 shall have the meanings given to  them by the Data Protection Act 2018. 

30.4 Unless there is a specific agreement in writing to  the contrary between Paddlup and the Seller,  Paddlup shall have no obligation to perform a  factory reset on a Vehicle’s system in case  personal data (within the meaning of the Data  Protection Act 2018) remains present or to remove,  or otherwise deal with, personal effects found in a  Vehicle. 

30.5 Use of the Paddlup Platforms shall be subject to  the applicable Paddlup’s terms and conditions as  set out on the Paddlup Website. Paddlup makes no  promises or representations regarding the  availability of any Paddlup Platform.  

30.6 Any third party content included in the Paddlup Website, any Paddlup Platform or any Paddlup  Socials (including, but not limited to, CAP data or  HPI data) is provided on an “as is” basis at the time  of publication and is not vetted by Paddlup.  Accordingly, Paddlup does not accept any liability  in respect of such third party content. In particular,  HPI Spec Check data is provided by CAPhpi, with  all rights reserved to CAPhpi. Paddlup shall not be  liable for any errors or omissions in the HPI Spec  Check data or for any liability or loss suffered by  any person as a result of that person’s use of such  data. Paddlup does not warrant that any original  specification equipment listed in the HPI Spec  Check for any Vehicle still remains fitted to that  Vehicle.  

30.7 The Seller and the Buyer each agrees that all  copyright (including rights in software), trademarks,  database rights and any other intellectual property  rights in the Paddlup Platforms, or any  documentation produced or compiled by Paddlup in connection with the sale and purchase of the  Vehicles, shall be the property of and belong to  Paddlup (and/or its licensors). No rights in any of  Paddlup’s intellectual property rights (including  trademarks, copyright and logos) are granted to a  Seller or a Buyer, other than such limited rights as  are strictly necessary for use of the Paddlup  Platforms, or any documentation produced or  compiled by Paddlup in connection with the sale  and purchase of the Vehicles. 

30.8 Neither the Seller nor the Buyer may copy,  reproduce, republish, reverse engineer,  commercially exploit or otherwise make use of  Paddlup’s intellectual property other than for the  strict purpose of using the Paddlup Platforms or  any documentation produced or compiled by  Paddlup in connection with the sale and purchase  of the Vehicles. 

30.9 These Conditions and the other documents  referred to in these Conditions set out the entire  agreement between (1) Paddlup and a Seller; (2)  Paddlup and a Buyer; and (3) the Seller and the  Buyer in relation to the subject-matter of these  Conditions.  

30.10 These Conditions supersede and extinguish all  previous agreements, promises, assurances,  warranties, representations and understandings  between the parties, whether written or oral,  relating to the subject matter of these Conditions.  No other person except for the parties to these  Conditions shall have any right under the  Contracts (Rights of Third Parties) Act 1999 or  otherwise to rely upon, or enforce, any term of  these Conditions except for Condition 21.2, which  can be enforced by any company in the same  Group as Paddlup.  

30.11 Paddlup may at any time assign, mortgage,  charge, subcontract, delegate, declare a trust  over or deal in any other manner with any or all  of its rights and obligations under these  Conditions. The Seller and Buyer shall not  assign, transfer, mortgage, charge,  subcontract, delegate, declare a trust over or deal in any other manner with their rights and  obligations under these Conditions.  

30.12 Nothing in these Conditions is intended to, or  shall be deemed to, establish any partnership or  joint venture, employee-employer, or  franchisor-franchisee relationship between  Paddlup and either the Seller or the Buyer. 

30.13 No failure or delay by a party to exercise any  right or remedy provided under these  Conditions or by law shall constitute a waiver of  that or any other right or remedy, nor shall it  prevent or restrict the further exercise of that or  any other right or remedy. No single or partial  exercise of such right or remedy shall prevent  or restrict the further exercise of that or any  other right or remedy. 

30.14 Any notice or other communication given to a  party under or in connection with these  Conditions shall be in writing and shall be:  

  1. a) delivered by hand or by pre-paid first-class  post or other next working day delivery  service at its registered office (if a  company) or its principal place of business  (in any other case); or  
  2. b) sent by email to the applicable address  specified: on the Paddlup Website in the  case of Paddlup;  
  3. c) on the Seller’s account record with Paddlup in the case of the Seller; and  
  4. d) on the Buyer’s account record with Paddlup in the case of the Buyer.  

30.15 Any notice or communication shall be deemed  to have been received: 

30.15.1 if delivered by hand, at the time the notice is left  at the proper address;  

30.15.2 if sent by pre-paid first-class post or other next  working day delivery service, at 9.00 am on the  second business day after posting; or  

30.15.3 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.  

30.16 In Condition 29.15, business hours means  9.00am to 5.00pm Monday to Friday on a day  that is not a public holiday in the place of receipt  and business days means Monday to Friday on  a day that is not a public holiday in the place of  receipt. Condition 29.14 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.  A notice given under these Conditions is not  valid if sent by email, unless expressly provided  to the contrary.  

30.17 These Conditions and any dispute or claim  (including non-contractual disputes or claims)  arising out of or in connection with these  Conditions or their subject matter or formation  of the contracts to which they apply shall be  governed by and construed in accordance with  English Law.  

30.18 Each party irrevocably agrees that the courts of  England and Wales shall have exclusive  jurisdiction to settle any dispute, disagreement  or claim (including non-contractual disputes or  claims) arising out of or in connection with these  Conditions, their subject matter or formation of  the contracts to which they apply. 

  1. INTELLECTUAL PROPERTY RIGHTS 

31.1 The Seller and the Buyer acknowledge and  agree that Paddlup (and any of Paddlup’s  licensors or permitted licensees) own all of the  Intellectual Property Rights relating to the  Paddlup Website, the Brand, the Paddlup  Socials and products or content arising thereon  or during the course of performance of the  Paddlup Services. 

31.2 The Seller and the Buyer acknowledge and  agree that any use by it of the Paddlup Website,  interaction with the Paddlup Socials and  products or content arising thereon or during the  course of performance of the Paddlup Services  does not constitute the granting of any  Intellectual Property Rights rightfully owned by  Paddlup (and any of Paddlup’s licensors or  permitted licensees). 

31.3 Other than with the prior written consent of  Paddlup, in relation to the Intellectual Property  Rights identified in Conditions 31.1 and 31.2,  the Seller and/or the Buyer is/are not permitted  at any time to copy, reproduce, download, publish, re-publish, post, broadcast, record,  print, commercially exploit, transmit, edit,  communicate to the public or distribute in any  way any of the products or content that arises by virtue of an Auction or their use of the  Paddlup Website or Paddlup Platforms. 

31.4 Other than as permitted in writing by Paddlup,  the Seller and/or the Buyer (as the case may be) is not permitted to use any Intellectual Property  Rights without the consent of Paddlup. 

31.5 The Seller and/or the Buyer (as the case may  be) shall indemnify the Paddlup against all  liabilities, costs, expenses, damages and losses  (including but not limited to any direct, indirect  or consequential losses, loss of profit, loss of  reputation and all interest, penalties and legal  costs (calculated on a full indemnity basis) and  all and other professional costs and expenses)  suffered or incurred by the Paddlup arising out  of or in connection with any claim made against  the Paddlup for actual or alleged infringement of  a third party's Intellectual Property Rights  arising out of or in connection with the supply or  use of the Paddlup Services or the Paddlup  Website. 

31.6 The Seller’s and/ or the Buyer’s (as the case  may be) liability under this indemnity is  conditional on the Paddlup discharging the  following obligations. If any third party makes a  claim, or notifies an intention to make a claim,  against the Paddlup that may reasonably be  considered likely to give rise to a liability under  this indemnity (Claim), the Paddlup shall: 

31.6.1 as soon as reasonably practicable, give written  notice of the Claim to the Seller and/or the  Buyer, specifying the nature of the Claim in  reasonable detail; 

31.6.2 not make any admission of liability, agreement  or compromise in relation to the Claim without  the prior written consent of the Seller and/or  Buyer; and 

31.6.3 give the Seller and/or the Buyer and its  professional advisers access at reasonable  times (on reasonable prior notice) to its  premises and its officers, directors, employees,  agents, representatives or advisers, and to any  relevant assets, accounts, documents and  records within the power or control of Paddlup, to enable the Seller and/or the Buyer and its  professional advisers to examine them and to  take copies (at the Seller 's expense to assess  the Claim). 

31.7 Nothing in this Condition 31 shall restrict or limit  the Paddlup's general obligation at law to  mitigate a loss it may suffer or incur as a result  of an event that may give rise to a claim under  this indemnity. 

  1. LOSS, DAMAGE AND INJURY 

32.1 To the extent it is lawfully able, Paddlup shall have  no liability for any damage, loss or injury sustained  by any person on the Paddlup Premises, or (as the  case may be) any other premises where an Auction  conducted by Paddlup may take place, with the  exception of any death, personal injury, loss or  damage caused by a breach of duty or negligence  on the part of Paddlup or its employees or agents  in the performance of their ordinary duties to  Paddlup. 

  1. INFORMATION PRESENTED BY PADDLUP 

33.1 Any description, Vehicle Consignment Data, or  other information presented (in whatever form or by  whatever means) by Paddlup in relation to a  Vehicle for Auction shall be given on behalf of the  Seller from information duly obtained and approved  by the Seller and Paddlup shall not be responsible. 

33.2 Buyers are responsible for verifying and satisfying  the state, condition and ownership of any Vehicle  and may do so by means of its own due diligence  or by booking an appointment for viewing the  Vehicle with the Paddlup Concierge Team. 

33.3 Any photographs, illustrations, diagrams,  recordings or other indications as to the quality and  appearance of the Vehicle are for identification  purposes only and may be inaccurate as to true  condition and colour. 

33.4 Paddlup shall not be liable for any omission from  the description of the Vehicle or presentation of the  Vehicles appearance or any part of the Vehicle. 

33.5 Any media content presented by Paddlup on the  Paddlup Website, the Paddlup Platforms or on an  Paddlup Socials, including but not exclusive to any  posts, podcasts, articles, blogs, news, videos or  any other related media are for information  purposes only and shall not in any circumstance  constitute advice by Paddlup or any of its employees or agents as to technical, legal,  financial or other matters and no Buyer, Seller or  other Third Party shall be entitled rely upon such  content. 

33.6 Any reliance placed upon the content produced by  Paddlup in accordance with clause 33.5 is done so  entirely at the party’s own risk. 

  1. BIDDING ON A VEHICLE AND BUYER’S  ELIGIBILITY 

34.1 All prospective Buyers must complete a Buyer’s  Sign-Up Application and accept these Terms and  Conditions before being authorised to bid on any  Vehicle at any Auction. 

34.2 Paddlup will not accept and will be entitled to refuse  any bids from a prospective Buyer that does not  meet, in Paddlup’s sole discretion, the  requirements and criteria of an eligible bidder at  Auction for the purchase of a Vehicle. Buyers are  pointed to the Paddlup Website for more  information about the eligibility criteria of a Buyer. 

34.3 A Buyer must satisfy themselves and is at all times  responsible of ensuring that they can satisfy all of  the obligations expected of a Buyer in accordance  with these Terms and Conditions, particular  attention of the Buyer should be paid to the obligations set out in Conditions, 13, 15, 18, 20, 23 and 33. 

34.4 An Auction of a Vehicle will be conducted in the  manner set out in Condition 7, the Buyer shall  ensure at all times during its participation in an  Auction it adheres and abides by the Auctioneers  rules and request in the ordinary course of  business.

Paddlup Ltd is a credit broker and not a lender, we are authorised and regulated by the Financial Conduct Authority. Registered No: 947454 

Registered in England & Wales with company number: 12154651 | Data Protection No: ZB024138 | VAT No: 367 9853 30 Registered Office: The Paddlup Rooms Callow Park, Brinkworth, Chippenham, Wiltshire, England, SN15 5FD