CDX.IE TERMS AND CONDITIONS

Before selling, bidding for, or buying any vehicle, it is important that these Terms and Conditions must be read.

All parties agree to accept these Terms and Conditions as binding on them and vehicles are sold subject thereto unless otherwise expressly agreed in writing by CDX.

PLEASE NOTE: We at CDX.IE take data protection extremely seriously and insist that no user share, nor disclose to any third party their CDX.IE login / access details to our system as outlined within our T&C's. Failure to adhere to this will result in your CDX.IE account being deactivated without any notice and without any refund. All information provided and entered into our system is secure and protected with the latest security software available.

The following is a legally binding contract between you and Eastway Distribution Ltd. t/a CDX.IE, which determines your contractual relationship with CDX.IE and your behaviour on the site. These terms and conditions shall be referred to as "the Agreement". Please note that by pressing "accept" at the end of this Agreement you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit or to any item that you upload for Auction.

All rights, including copyright, in the content of these web pages and all database rights in our database content, are owned or controlled for these purposes by use.

All trademarks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website or system without the permission from an authorised CDX.IE personal.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website or system nor incorporate it into another website or system without our express written permission.

REGISTRATION

The website is operated by CDX.IE acting as agent on behalf of sellers of motor vehicles (“sellers”). In agreeing to be bound to these terms you acknowledge that:-

  1. Should your bid be successful you will be contracting directly with the seller and not with CDX.

  2. These Terms may be enforceable by the seller against you. Any claim by you in respect of any items purchased through the website will be made against the relevant seller and not against CDX. The seller will invoice you directly in respect of any sale of goods.


By using this website you have agreed to these Terms and Conditions.


If you do not register and agree to these Terms you may not access or otherwise use the website.

By accepting these Terms you acknowledge that you have been or will be given the opportunity to inspect the motor vehicle upon which you have bid, on site in advance of the auction and satisfy yourself as to the appearance, quality and description. It is not possible to test drive any vehicle in advance of the auction.


CHANGES TO THESE TERMS AND CONDITIONS

We may from time to time make changes to these Terms and Conditions. Any changes will be posted on our website on CDX and we will endeavour to notify you of same by means of a Notice and link to the revised terms on our website. Please review these Terms and Conditions regularly and ensure you are aware of any changes made by us. If you use this website after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any further use of the website

YOUR OBLIGATIONS

You agree to provide further information if required in relation to your registration. CDX reserves the right to block your access to use the website if there are reasonable grounds for suspecting that you do not fulfil the criteria for membership of the website or have otherwise breached Terms.

It is your responsibility to notify CDX immediately if any of your registration details change by sending an email to CDX. On registration you will be provided with a username and password and you are responsible for the use of same while using the website. You are responsible for all costs and charges associated with using the website and you shall not permit any person under the age of 18 or any other unauthorised persons to take part in any action on the website. You will endeavour to scan or remove any viruses before submitting any information to the website.

BIDDING PROCESS

Goods, meaning vehicles available as part of an auction on the website. Once you have successfully registered for online bidding, any seller will be eligible to bid online at that sale. A bid may not be withdrawn after it has been placed. To be the winning bid, the bid must be the highest bid of the auction and must meet any other condition which may be specific to each auction. If additional conditions apply, they will be published with the description of the goods prior to the commencement of the auction. When the auction closes the agreement for the purchased goods becomes binding on you. CDX reserves the right to refuse or remove bids and or suspend or extend auctions at their absolute discretion, including where there are or have been obvious typographical errors.

AFTER THE SALE

To find out if you have been successful in your bidding you may check the results which will be notified to you by email and text message.

All goods must be paid for by bank draft or electronic payment within 48 hours of receipt of invoice to the bank account of the relevant seller as set out in the invoice for the vehicle. Invoices shall be raised by the seller and these Terms shall apply to the payment of that invoice. Where payment is overdue, the seller reserves all right to seek enforcement of payment and/or treat the bid as having lapsed and offer the goods to other parties.

You agree to pay all taxes that may arise out of the sale. The goods shall not pass to you until the relevant seller is in receipt of payment of same and you shall at your own expense collect the goods purchased but not before payment has been discharged in accordance with the Terms outlined above. Once payment has been discharged Title and Risk in the goods pass to you. The vehicle must be collected within 24 hours of cleared funds unless otherwise agreed with the seller.

CONFLICT RESOLUTION

Having already agreed to the Terms & Conditions as set down by CDX you have already been made aware of the responsibility of both the buyer and seller when transacting through the CDX platform. These transactions will have been vehicleried out been two professional parties having both declared to be motor industry professional entities upon registering as CDX users.

However, in the event of a conflict that cannot be settled between the buyer and seller mediated by CDX then CDX will set out what are or are not acceptable parameters in any sale.

The seller must have reasonably

  1. Photographed the vehicle

  2. Represented any and all damage on the vehicle outside normal wear and tear

  3. Divulged any repainted, damaged or repaired areas if obvious

  4. Represented the actual tyre depths accurately

  5. Represented the service history accurately

  6. Represented any cracks on windscreens accurately

  7. Represented the vehicles interior accurately

  8. Represented any obvious mechanical issues accurately such as rattle, noises, leaks, excess smoke, warning lights, and obvious steering/suspension defects.

  9. Complete a vehicle history and finance report and represented the results.

  10. Made the vehicle immediately available on receipt of funds

  11. Made sure that they are legally entitled to sell the vehicle and that there is no lien or encumbrance on the vehicle that would stop them from doing so.

  12. Made sure that they have all the relevant registration documents before placing the vehicle for sale on CDX

The buyer

  1. Must accept that CDX provides a facility that represents purely trade salvage vehicles i.e. vehicles that are not ready for resale until repaired and /or reconditioned.

  2. Must accept normal wear and tear damages within reason

  3. Must accept that all trade vehicles will require repair and reconditioning at some level

  4. Must accept that previous paintwork/body repairs will from time to time have been carried out on particular vehicles.

  5. Must accept any vehicle that has had damage so long as the seller has taken all care to describe the vehicle and the repaired areas accurately if noticeably repaired and performed a Vehicle History report.

  6. Must accept that any mechanical issues can only be represented if obvious

  7. Must accept that you have 24hrs after collection to report a conflict to info@CDX.ie. No complaint will be accepted thereafter.

  8. Must accept that no costs whatsoever will be considered in the case of a conflict regardless of the outcome.

  9. Must accept that CDX or the seller retain the right to remove any buyer without notice or explanation in the event of a conflict

Both parties accept;

  1. In the event that a conflict has arisen due the sellers not having fulfilled the aforementioned commitments then CDX, or one of CDX’s engineers will inspect the vehicle in question and are given full rights to determine whether a vehicle was described accurately by the seller or otherwise.

  2. Normal wear and tear will be determined by CDX or it’s agents and the year, mileage and other factors will be considered to determine fairness

  3. That if CDX or it’s engineers find that the description was materially accurate then the buyer must accept the vehicle and revoke any claim

  4. That if CDX or it’s engineers find that the vehicle was not materially in the condition as described then the buyer will be entitled to a full refund

  5. That if conflicts have arisen more than once from either party then CDX reserve the right to remove either a buyer or a seller without notice or recompense.

  6. That all conflicts must be reported by email only to info@CDX.ie

Seller accepts

  1. That they must adhere to the 13 points as set out in the requirements above.

  2. That if a transaction is reversed pending an CDX finding then that dealer will be responsible for the lost fees to CDX resulting from a buyer refund.

CDX accepts;

  1. To use only industry professionals in inspecting a vehicle due to a conflict

  2. It will inspect the vehicle in conflict within 48hrs of report being received by email.

  3. That it will refund the buyer any fees for a vehicle in conflict if a seller has been found to have represented the vehicle inaccurately leading to a transaction reversal after CDX or it’s agents have inspected the vehicle and made a finding.

CHOICE OF LAW AND JURISDICTION SECTION


This Agreement is governed by and is to be construed in accordance with the law of the Republic of Ireland and is subject to the exclusive jurisdiction of the Irish courts

PRIVACY


We at CDX.IE respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Privacy Policy is to outline how we deal with any personal data you provide to us while you are using our system. Naturally, if you are not happy with this Privacy Policy you should not enter your details nor use our website or system.

By using our website and system, you are accepting the terms of this Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

TYPES OF INFORMATION COLLECTED

We retain two types of information:

PERSONAL DATA

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, and telephone number. Such information is only collected from you if you voluntarily submit it to us.

NON-PERSONAL DATA

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website and system. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website and system.

PURPOSES FOR WHICH WE HOLD YOUR INFORMATION

Cookies

The CDX.IE website and System does not use cookies. CDX.IE does not collect any personal data about you on this website, apart from information which you volunteer (for example by using our 'Register' button). Any information which you provide in this way is not made available to any third parties, and is used by CDX.IE only in line with the purpose for which you provided it. Your personal data may also be anonymised and used for statistical purposes.

Personal Data

We will process any Personal Data you provide to us for the following purposes:

  1. a) to provide you with information you have requested;

  2. b) to contact you if required in connection with your query or to respond to any communications you might send to us;

  3. c) to send you the CDX.IE Newsletter or Event Alerts.


Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please contact us. Any such data subject requests may be subject to the prescribed fee.

Changes to the Privacy Policy

Any changes to this Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Copyright

All rights, including copyright, in the content of these web pages and all database rights in our database of properties, are owned or controlled for these purposes by us.

All trademarks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

DISCLAIMER

The Content and Site is updated from time to time. However, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Content, the Services, the Site or any of its contents, including (but not limited) to any non-fraudulent representations contained within the Site, the Content or the Services.

Your use of the Site will be at your own risk and we will not be liable for any direct or indirect damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of the Content and Services, or from any action or omission taken as a result of using the Site or any such Content or Services. Furthermore, we will not be liable for any typographical or other error or omission within the material contained on the Site. We exclude any liability in respect of the Site, the Content and the Services to the fullest extent in this regard.

This Site contains material in the form of information or representations submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.

We make no warranty that the Content, the Site or the Services are free from infection by viruses or anything else which has contaminating or destructive properties and we hereby exclude all liability howsoever arising in respect thereof.

The Site, the Content and the Services are provided on an “as is” basis. Under no circumstances does the Service Provider warrant the accuracy of the information contained on its or any other database.

The Irish Vehicle Check and UK vehicle Check services do not relate to, contain information on or purport to comment on:

1 the physical condition of any vehicle;

2 the roadworthiness or safety of any vehicle;

3 whether or not a vehicle has been “written off”, unless such vehicle was reported to the Department of Transport as a write off or written off by an insurance company and such information has been provided to the Service Provider by such insurance company;

4 whether a vehicle or any of its components have been altered or replaced, unless notification of same has been provided to an insurance company or other body which provides information to us; or

5 whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number.

Accordingly, in addition to all other aspects, you must satisfy yourself in respect of the above mentioned aspects of any vehicle(s) you intend to or in fact purchase.

Irish Vehicle Check, UK Vehicle Check, Irish Finance Check, Irish Finance Check, Vehicle Valuation Check and Buying Advice services do not provide you with (and you shall not receive) any advice or recommendation from us in relation to a specific vehicle which you intend to or in fact purchase. Any part of the Services should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. The final decision will always rest with you and the Service Provider does not make any warranties or representations in respect of any information, report or statement generated by the Site or the Services.

All liability is excluded to the fullest extent permitted by applicable law including any implied terms as to the content of this Site. Such content is provided “as is”, without warranties of any kind. We reserve the right to change any and all content of the Site at any time.

LIMITATION OF LIABILITY


The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. You will use reasonable endeavours to verify the accuracy and information placed on the website. We make no warranties whether expressed or implied in relation to its accuracy. The website is provided on an as is and as available basis without any representation or endorsement made and we make no warranties of any kind whether expressed or implied in relation to the website or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement compatibility, security, accuracy and conditions of completeness or any implied warranty otherwise (in for course) of dealing or use of trade. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected or that the site of the server that makes it visible are free of viruses or bugs, represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether expressed or implied in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. In the conditions should exclude of liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

2 any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Notwithstanding the foregoing, nothing in these Terms is intended to limit your statutory rights as a consumer in the ROI, nor does this affect our liability for death or personal injury arising from our negligence (save as negligence induced by a member organisation), nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNITY

We disclaim all liability and responsibility arising from any reliance placed on the Content and Services by any User of the Site, or by anyone who may be informed by any of the same.

RELIANCE ON INFORMATION POSTED

You hereby agree to indemnify, to keep indemnified and to hold the Service Provider, its parent companies, subsidiaries, affiliates, officers and employees harmless to any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site, Content, Services, violation of the Terms, or the infringement by you, or any other user of the Site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off a copy, and may download extracts, of any page(s) from the Site for authorised purposes.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.

The Service Provider offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site, Content or Services. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorised manner.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

VIRUSES, HACKING, UNLAWFUL/UNAUTHORISED USE AND OTHER OFFENCES

You must not misuse the Site by using the searching facility for any other purpose than consulting vehicle records reports for reference purposes only.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

REPUBLIC OF IRELAND ONLY

This website is available for use by trade users of the ROI and Northern Ireland. In listing your place of residence you acknowledge, represent and warrant to us that you are a resident of the ROI or Northern Ireland. If you are not a resident of the ROI or Northern Ireland, please cease all usage of the Site, the Services and any other related services immediately.

JURISDICTION AND APPLICABLE LAW

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

SEVERANCE

If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable, such term or terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

WEBSITE ACCESSIBILITY


Where ever possible we have tried to build this site according to industry standards and have followed the latest accessibility and usability guidelines.

  1. All pages on this site use structured semantic markup. For example H1 tags are used for main article titles, H2 and H3 tags for sub titles and H4 for navigation titles and unordered lists for navigation items.

  2. The site has been built using cascading style sheets (CSS) and avoids using tables for layout.

  3. All content images used in this site include descriptive ALT attributes. Purely decorative graphics include null ALT attributes. This site uses cascading style sheets for visual layout.

  4. Users can resize text by using their browser, e.g. in IE8: View > Text size.

  5. If the browser or browsing device does not support style sheets the content of each page is still readable.

Resources and standards

Web Content Accessibility Guidelines 1.0 ( http://www.w3.org/TR/WCAG10/)

HTML5 - W3C Working Draft 25 May 2011 (http://www.w3.org/TR/html5/)