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Breakeryard Terms and Conditions of Use PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. Breakeryard.com is a car parts search engine for UK advertising Car Breakers. Scope of Terms and Conditions These terms and conditions apply to your use of all of the sites and services owned or operated by Breakeryard and affiliated companies (collectively "Breaker Yard" or "we," "us," or "our"), including Breakeryard.com and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "Breakeryard Sites"). Unless we say otherwise, all references to the Breakeryard Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Breakeryard Sites only links. Restrictions on Use of Materials The contents of this site are protected by copyright and trademark laws, and are the property of Breakeryard.com and any other owners. Unless we say otherwise, you may access the materials located within the Breakeryard Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Breakeryard Sites. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Breakeryard Sites. To seek our permission, you may e-mail info @Breakeryard. com (subject: Permission). If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained in any of the Breakeryard Sites. General Terms and Conditions of Use 1. General 1.1 The online facility offered by Breaker Yard is an information service that enables direct communication between customers and suppliers of used vehicle parts. If you use any service (either as a customer or supplier or in any other capacity) offered on the website located at www.breakeryard.com (‘the Site’) you agree to these Terms and Conditions of Use. If you do not agree with any of these Terms please do not use the Site because by using the Site you will be deemed to have irrevocably agreed to these Terms. 1.2 Breaker Yard does not make any representation whatsoever about any part advertised on this Site. You acknowledge that in compiling the Site, Breaker Yard relies on information provided to it by third parties. The third party suppliers are seperate to Breakeryard, and therefore any transactions both purchases and refunds of parts are to be dealt with directly from the supplier(s). 1.3 We advise all users to make their own enquiries and to verify any information posted or quoted by a supplier through the Site, or communicated before making a purchase. 1.4 These Terms may be revised and reissued by Breaker Yard at its sole discretion without notice at any time by updating this posting. Any such revisions may include extending the Terms to include other terms and conditions applicable to other products or services offered by us from time to time. You should visit this page regularly to review the current Terms, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. 1.5 We will assume, and by using the Site you warrant, that either you have legal capacity to enter into the agreement set out in these Terms i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract. 2. SMS 2.1 When you select to receive your part quotes via SMS(text message) to your mobile phone you will incure a fee of £1.50 each for the first 3 quotes for that part request. subsequent quotes for that part request are free of charge. 2.2 Each part request you make will have the first 3 messages billed at £1.50 per SMS(text message). 2.3 To stop SMS texts being sent to your phone text the word 'stop' to 87070. 2.4 Breakeryard.com may contact you at a later date with marketing messages direct to your mobile, though this will be a free service and you will incurr no charge. 3. Intellectual Property 3.1 Breaker Yard respects the intellectual property rights of others and asks users of the Site to do the same. The copyright in the material contained in the Site and all materials, characters, logos or other images and any trademarks and brands included in that material belongs to Breaker Yard or its licensors. 3.2 You may download or copy the content and other down loadable items displayed on the Site subject to the condition that the material may only be used for personal non commercial purposes. Copying or storing the contents of the Site for other than personal use is expressly prohibited. 4. Our obligations and the limits on our liability 4.1 Breaker Yard will use reasonable endeavours to ensure that the information available on the Site at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Should you notice an error please call us on 0871 875 0750. 4.2 We may change, suspend or discontinue any aspect of the Site, including the availability of any features, information, database or content or restrict access to parts or all of the Site without notice or liability. 4.3 Breaker Yard cannot guarantee that the Site will always be fully operational or error free and it does not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Site. 4.4 Whilst Breaker Yard takes reasonable precautions to ensure that any downloads it makes available will be virus free, Breaker Yard does not warrant that any downloads will be virus free and will not cause interruptions with your computer systems. 4.5 Breaker Yard excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the use of the Site or its unavailability. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of the Site, even if Breaker Yard has been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise. 5. Indemnity 5.1 You agree to indemnify and keep indemnified Breakeryard and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims loss damage or liability (whether criminal or civil) suffered and fees and costs incurred, including reasonable legal fees, resulting from any act of neglect or default or breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms and/or from your placement or transmission of any content onto Breakeryard's servers, and/or from any and all use of your account. 6. System Abuse 6.1 Any Site users found to be attempting or suspected of attempting to hack into any servers or systems run by Breaker Yard will be immediately removed from the system, any subscriptions or payments due to them will be cancelled and all monies due from them to Breaker Yard are due immediately in full. Such users will have no right to any refunds and Breaker Yard reserves the right to report the matter to the relevant authorities. 6.2 Without limitation, you agree not to send, create or reply to so-called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Site by any other person. 6.3 Breaker Yard reserves the right to refuse to post any information which in its sole opinion it considers to be inappropriate or offensive. Non-exhaustive examples of inappropriate or offensive material are material which is obscene, pornographic, racist, abusive, harassing, threatening or offensive. 6.4 You undertake to ensure that all information you send to us, via the Site, is accurate and does not breach or infringe the right of any third party. 7. Privacy 7.1 Breaker Yard uses your information in accordance with its Privacy Policy and you acknowledge and agree to be bound by these Terms and consent to the use of your information in such manner. 8. Queries and Complaints 8.1 We uphold a complaints procedure as follows. Should you have a complaint with our service, or a 3rd party Supplier, then we require details of the complaint in writing to service @ breakeryard .com. You could also call our Complaints Handling Unit on 0871 875 0750. We aim to respond to e mail, faxed and written queries within 24 hours. 8.2 Should your complaint be relating to a 3rd party supplier, then upon receipt of the complaint in writing, we will forward this to the supplier in question. If deemed necessary we will switch off the suppliers advertising until the complaint is resolved. 8.3 In respect of complaints, we will consider the nature of the complaint and will use reasonable endeavours to contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done to resolve such a query or complaint. 9. Miscellaneous 9.1 These Terms shall be governed by and construed in accordance with English law. 9.2 If any dispute or difference arises out of or in connection with these Terms the parties shall with the assistance of the Centre for Dispute Resolution (CEDR) seek to resolve the dispute or difference amicably by using an alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them. 9.3 If any dispute or difference is not settled by means of ADR you irrevocably submit to the exclusive jurisdiction of the English courts. 9.4 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. 10. Breakeryard Scope Breakeryard.com act only as an introducer between customer and part supplier, breakeryard.com will not be held responsible for any error with parts ordered or parts supplied. The customer is solely responsible in checking that all parts quotes requested contain the correct information, that all part quotes supplied by the supplier (part supplier not breakeryard.com) conform and are consistent with the part quote requested. The customer is solely responsible for keeping appropriate records of all conversation with the supplier be it by phone or email. Parts ordered are covered by the specific supplier’s warranties and breakeryard.com will not be held responsible for any problems or discrepancies. No refunds will be given by breakeryard.com to any customer for parts incorrectly ordered or any parts supplied incorrectly. The customer is responsible for checking that parts ordered are the correct part, any problems with any ordered part/parts the customer should take the issue up with the supplier. Breakeryard.com will do their very best to assist in issues but do not guarantee any refunds to a customer. 11. Contacting the Supplier of the provided 0701... Number
Callers who phone the suppliers contact number supplied with a part quote need to
be 18 years old or above and have the full permission of the person who pays the
bill. We will not be held responsible for any unauthorized use of your telephone
to access our services as this is out of our control. 12. Links 12.1 These terms and conditions apply only to the Breakeryard Sites, and not to the sites of any other companies or organisations, including those to which any of the Breakeryard Sites may link. We are not responsible for the availability of any other site to which any of the Breakeryard Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. 12.2 Other sites may link to any of the Breakeryard Sites only through a plain-text link. Permission must be granted by us for any other type of link to the Breakeryard Sites. To seek our permission, you may e-mail Info @Breakeryard. com (subject: Permission). We reserve the right, however, to withdraw any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Breakeryard Sites, at our discretion at any time. 13. Submissions 13.1 We welcome your comments about any of the Breakeryard Sites. However, unless a site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. 13.2 If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission. 13.3 If you are submitting something to a site that has set up a submissions policy, please consult that site for its specific requirements. 14. Forums 14.1 A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Breakeryard Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Breakeryard Sites in order to contribute to any forum. 14.2 You may not post on any forum, or send to any other forum user or Breakeryard employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. 14.3 We are not responsible for material appearing in any forum on the Breakeryard Sites, except for material signed by an identified representative of Breakeryard and/or relevant affiliated companies. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. 14.4 By posting on the Breakeryard Sites, you grant (or warrant that the owner of such rights has expressly granted) Breakeryard and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by Breakeryard will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use. 14.5 We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that Breakeryard in its discretion believes is inappropriate. Note: We are not responsible for users postings within this forum, by using the forum you agree to this and agree to make Breakeryard aware of any misuse or these rules. Any violation should be reported immediately to violation @ Breakeryard.com (stating the forum, thread, post and user concerned), we will remove any material not conforming to these rules when notified and take action against the perpetrator / perpetrators. 15. Copyright Complaints 15.1 We respect the intellectual property rights of others, and require that the people who use the Breakeryard Sites do the same. In appropriate circumstances, we will terminate the registration of any forum user who is responsible for copyright infringement. 16. Disclaimers 16.1 THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 16.2 NEITHER BREAKERYARD NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE BREAKERYARD SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BREAKERYARD SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 16.3 NEITHER BREAKERYARD NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BREAKERYARD OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16.4 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 16.5 We do not endorse, warrant or guarantee any products or services offered on the Breakeryard Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. 17. Limitation of Liability 17.1 UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL BREAKERYARD OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE BREAKERYARD SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE BREAKERYARD SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY BREAKERYARD OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO BREAKERYARD, IF ANY, FOR ACCESSING THE BREAKERYARD SITES. 18. No Personal Advice 18.1 The information contained in or made available through the Breakeryard Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial or legal matters. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. 19. Jurisdictional Issues 19.1 We control and operate this site from our offices in the UK. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 20. Conduct 20.1 Please note customers will only be contacted by third party suppliers if their required part is held in stock, and ready for dispatch within 24 hours(48 hours OVER the weekend ). 20.2 Any changes in expected delivery times etc, will be notified by the third party supplier to the customer as soon as possible. 20.3 Any parts purchased from the third party supplier will comply with the Sale & amp; Supply of Goods Act 1994 and be of & quot; Satisfactory Quality & quot; unless specified at the time of sale. 20.4 Any parts purchased will carry a minimum guarantee of 30 days given by the third party supplier. 20.5 Only parts listed ON your invoice / receipt are covered by the guarantee / warranty from the third party supplier. 20.6 Please note all parts supplied, are marked with the supplying dismantlers stamp / initials, (you will also be given an invoice from the third party supplier) removal of these marks will invalidate your guarantee / warranty. 20.7 No parts must be altered, modified or dismantled in anyway without prior permission from the seller ie. third party supplier. Failure to comply with these terms will invalidate your guarantee / warranty. 20.8 In the event that a part/parts is/are supplied and prove to be incorrect or faulty upon fitting, the third party supplier must be notified within 48 hours. Collection can be arranged, if a replacement is not available THEN a FULL refund should be offered by the supplying member. Some third party suppliers may charge up to 25% of the part price if there is a customer error leading to the part cancelled or returned. This fee is normally levied by the supplier to account for time taken to dismantle, pack and deliver the part. Breakeryard.com cannot be held responsible for any problems that occur between customer and third party suppliers. 20.9 All engines purchased must be fitted with a new timing belt / cam belt / chain and filled with new oil upon installation. Failure to follow this PROCEDURE will result in the guarantee / warranty being rendered NULL and void. 20.10 Please ensure all gearboxes are filled with new oil upon installation. 20.11 Due to the un-insurability by the large majority of couriers, glass is supplied and sent at the customers own risk, refunds for breakages may not be possible by third party suppliers. 20.12 Upon completion of a transaction between customer and supplier the customer (buyer) is bound by the trader’s (supplier) terms and conditions of trade – terms and conditions need to comply with the Consumer Protection (Distance Selling) Regulations 2000 (DSRs) available at www.oft.gov.uk 20.13 All parts purchased are supplied ON a part(s) only basis. Breakeryard.com and members of its network are unable to accept any responsibility for labour charges incurred in the fitting or removal of parts purchased from suppliers via the network, neither associated Garage charges. Nor do we accept any responsibility for vehicle hire charges, or any other consequential loss. 20.14 Please note all members of the network are independent from ourselves, therefore we do recommend that you make a note of the telephone numbers, addresses and names of the company(s) that you receive quotations from. As we will not be aware which members have made contact, in relation to your enquiry. We do however recommend that you contact us to CONFIRM, that any supplier that has made contact with you, is a registered Breakeryard.com network member. 20.14 Finally Breakeryard.com are unable to accept any responsibility or liability whatsoever for any parts purchased via this network, or for any damage or loss that may result from their subsequent USE. |
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