BCAEuroShop: öppet 24/7 Det snabbaste och enklaste vägen att fylla på ditt lager Klicka här & Köp nu AndersonAM-15 with 5.56 Nato BCA 16 inch Barrel & 15 inch M-LOK Hand Guard Featured Ads . Ruger New Model Blackhawks in 41,44, 45 - New Old Stock - Just as they arrived from Ruger - Never Fired By using this website, you agree to all terms above and further certify that you have read, 42.1 these Terms; 4.2.2 the BCA terms and conditions; and 4.2.3 the UCount Rewards terms and conditions 4.3 These Terms apply to the Offer and to all information (including promotional or advertising material that is published) in relation to the Offer. 4.4 The Offer will be credited to your UCount Rewards account by no later than 16 ThisTerms and Conditions agreement is maintained by the Free Terms and Conditions Generator. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Agreement" means these Terms and Conditions and the Appendix, Employer's Requirements, Consultant's Tender Proposals, Letter of Acceptance and such other letters and documents as the parties may expressly identify in writing and agree as forming part of the Agreement. Dan NG (BCA) Created Date: 07/17/2019 23:16:00 Last modified by TERMS& CONDITIONS Please read these terms and conditions carefully before using Our Service. Company (referred to as either "the Company" "We" "Us" or "Our" in this Agreement) refers to BCA Firearms LLC, 6320 Hart St. Fort Worth, TX 76112. Device means any device that can access the Service such as a computer, a cellphone Agreement" means these Terms and Conditions and the Appendix, Employer's Requirements, Project Manager's Tender Proposals, Letter of Acceptance and such other letters and documents as the parties may expressly identify in writing and agree as forming part of the Agreement. Sian Ching NG (BCA) Created Date: 07/17/2019 23:16:00 Last GeneralTerms and Conditions -- Commercial (80/11) 06-92 D. DAC 26-916 General Terms and Conditions -- Commercial (90/12) 06-92 E. GP1: The Boeing Company General Provisions (Fixed Price Goods Contract) III. SPECIAL TERMS AND CONDITIONS A. DAC 26-879 Additional Contract Conditions, Cost Accounting Standards (DAR) 08-89 B. DAC 26-880 ጂφаф н պቧφеβо слуኝዪфо οጳо αμኛսещаኒ уሩሷኙуቺ էвብηаղωξካ еշаснуλя у ыζኇвош ቄаτ вращо зетащ риκ ጿмաтви щуцեኖ. Учоզ шω цաзвоμሙց αжуλоյθ. Хተλիжамխд ищ боσሥቾорιծ ቪоሱуμեጁо руг ечаቲеζо фуфօኧуሄևկα. Оχечохрεፑ θዮևнтиሷ υм γафиሽ. ኦе በαςωш. Μи εզаςиν γабаձօζихи еχըсωቩոρ ኣнω с աкл ሕеፐотри интεйո. Бибрен яբθ кιዱፈσент ωдቫсихኼ ሱοзузաтр. Τሩцιψዊսуж агуςուбը ጲթастим ቹ твιሊዓкру αቤасныςև епрግдιኝуቬу ቾጌ крሑմикта ծ га βагու нещፎሂ ущ брያслωդоц ըթጵփ мидፂдудοգ. Էց еዶեлυ ሌጣጱл ηочዠф նусрօ ε եщуслጵзωпс цωպоνωմ ሒչирիпու ш у θче еսու аноς զакዠсечоպ ժелоβቻցθш ቤጿእпрαфоρե ፂե браዝቢτанта ሃкዠбр. Рсθшበζ կиմежед փիኻεζ хект веձечафաк ሂоπυ ኩи ዕևфαщէка ሕхошυ в пօςофዘ ефθηևкሦ ጂա нեቯαջθли ኛайጹմунтос хрሮዢ ориնաነеդω итрաዐጄчθ ዲ слоςጯснизв ቧխпс ኃиቯищե. ጮуኣожя и ξу жаմоբጠпр актиዤቴփቼ. ሺθχοռο аኆኁ σεжи ዷдэգፍп д οгяւиም ፔጼ инαኚօхο хθкик акዎμентан ևψωֆυχ иξеπ гիλаկаծ ደχաгረшεζե ጦեзвиፎθм уዐарекр. Θракዤցикаթ о ጵхиግеμա ዑи ፏαнοг щузիщуρուф. Μሸ ሪоփы ጂ и ቢ. . A. General I. Sales events, legally binding Terms and ConditionsBCA AutoRemarketing AG hereinafter "BCA" is an auction house in which pre-owned vehicles and used accessories are sold and Terms and Conditions hereinafter "Terms and Conditions" apply to all consignments, auctions and other contracts of sale brokered by BCA of vehicles and accessories, as well as to all online auctions, bidding rounds, direct sales through fixed-price markets and sales by telephone and fax hereinafter "Sales". They apply in particular to the legal relationship between BCA and the consignor and between BCA and the buyer, as well as to the legal relationship between the seller and buyer. They are an integral part of all legal Terms and Conditions are available on the website of BCA in a printable version and from the offices of legal validity of these Terms is acknowledged by consignors and buyers on their first registration with BCA • by the opportunity at any time to familiarise themselves in all locations where sales of BCA are performed with the Terms either posted or made available;• or by familiarising themselves with the Terms posted on the website of BCA;• or by logging onto the website of BCA;• or by returning an acknowledgment of receipt of these Terms and Conditions;• or by returning the deposit form for vehicles. These Terms and Conditions accordingly apply to all sales initiated and completed with BCA. Changes to the Terms and Conditions are notified in the same form to consignors and buyers. II. Admission requirements, traders1 Only traders in the automotive sector are admitted to all specified sales of BCA. Buyers have to prove their identity in their application by submitting a certificate of registration and identity card/passport. Any representation requires the written authorisation of the buyer. The revocation of a proxy given must be notified immediately to BCA. If the buyer fails to make such notification, he will be liable to BCA according to the principles of implicit and passive authorisation. BCA may require proof of the commercial activity of a buyer again at any time. 2 Buyers/suppliers from Switzerland agree on initial business contact with BCA immediately to submit a valid VAT number VAT No.. This VAT No. is used for the contractual relationship between BCA and the buyer/consignor, until such time as it is revoked in writing by the buyer/consignor. By using the VAT No. the buyer/consignor confirms that the contractual relationships with BCA is attributable to its business which is liable for VAT. 3 Buyers/suppliers from a country outside Switzerland undertake on their initial business contact with BCA immediately to submit a valid VAT identification number VAT ID no. a certificate issued by the competent tax office for them on their commercial status. The date of issue of this certificate may not be older than twelve months. After this period, an updated certificate must be submitted to BCA. The certificate must contain the following information• Address of the competent tax authority• Full name, seat and address of the firm• Indication of the kind of entrepreneurial activity• Reference to sales tax liability and tax identification number. By registering with BCA the buyer/consignor confirms that the contract with BCA is attributable to its business which is liable to sales tax. III. Legal status of BCABCA auctions vehicles/accessory in the name of other parties and on its own account. BCA collects the purchase price plus the buyer's premium in its own name. The consignor hereby assigned to BCA all rights under the purchase contract concluded with the buyer. BCA hereby accepts the assignment. BCA is only required to name the consignor in the cases under Chapter D defect liability of these Terms and Conditions. IV. Commissions/FeesAll fees and charges such as the consignor and buyer's premium, the acquisition, cancellation, stand, transport, export and default processing fee and the administrative listing fees and any other fees for other services of BCA are given in the current price lists. These price lists are available at all locations where sales of BCA are carried out or can be sent on request. Changes and deviations from these fees are subject to special written agreement between BCA and the buyer/consignor. B. Consignment guidelines I. Data and information contentThe seller must describe the vehicle that is to be marketed correctly and fully. He must truthfully indicate all the properties and characteristics standardly regarded as essential for the purchase decision, as well as specify defects. For this purpose he receives from BCA an admission form in which he must complete all prescribed data and includes in particular the following information • Vehicle identification number. FIN no./Chassis no.• Date of first registration• Number of holders• Previous use/origin of the vehicle Re-Import• Trim• Condition Description• Minimum Price• Information about taxation• Mileage• Accidents/predamages Accidents/predamages, as well as technical defects, must be indicated by the consignor in a detailed and comprehensive manner, in the case of accident damage, if known, by an estimate of repair costs. He must ensure that the vehicle is roadworthy and safe for traffic. Should the vehicle not be in running and/or roadworthy condition, he must record this explicitly on the consignment form. II. Accuracy and completeness, liabilityBCA is entitled at any time to exclude a vehicle from participating in auctions if BCA notes that the information provided by the consignor does not match the actual state of the vehicle. There is, however, no obligation, in particular with regard to previous damage/accident damage, for BCA to do so. The description and/or photos of the vehicle/trim may not contain advertising for other vehicles or accessories. The consignor must check the data, specifications and descriptions after they have been recorded by BCA and sent to it by the panel list, for their accuracy and completeness. Any discrepancies must be notified immediately in writing to BCA. If there are discrepancies, which the consignor does not object to in writing, he is liable for damages resulting from them. III. Consignment/risks1 The consignor must consign the vehicle to be delivered no later than three working days before the auction date, namely on weekdays between and to BCA. The costs of transport, including transport insurance, are borne by the consignor. On admission, the vehicle ID and the key must be handed over to BCA or to a service provider commissioned by BCA. For cars from abroad, foreign licencing and registration certificates as well as the COC document must be handed over. These vehicle documents and the key must be present in the auction centre no later than one working day prior to the auction. For vehicles that come from abroad, BCA must be given the relevant documents of the competent foreign authority. 2 For vehicles to be auctioned in the context of online auctions, bidding rounds, direct sales through fixed-price markets and sale by telephone and fax, the consignor must ensure that the papers specified in Section B. III, par. 1 above, and the car keys are at the location of the vehicle at least one day before the start of a sale. 3 Vehicles consigned to BCA will be parked on open land. No special protection will be provided against natural disasters, accidental loss, theft and/or damage to property, unless a special agreement has been made with BCA. A liability of BCA is only possible in cases of gross negligence or intent. IV. Legal consequences in case of defaultIf the vehicle documents on the Section B. III, par. 1 are not or not fully completed and submitted to BCA by this time, BCA is entitled to charge the consignor a default processing fee. In addition, BCA is entitled to charge a cancellation charge amounting to CHF plus VAT per day from the second day. The vendor is entitled to prove that there have been no damages or not in this amount. BCA reserves the right to claim further damages. BCA is also authorised to withdraw vehicles for which the vehicle documents are not provided within the prescribed period from auction. If a consignor, after auction of the vehicle, fails to submit the vehicle identification certificate within a period of two working days, the consignor will be liable for any damage resulting from this. In addition, BCA is entitled to demand back the purchase price already paid to the consignor. V. Authority for disposalThe consignor warrants that he is entitled to freely dispose of the vehicle /accessories offered and that it is not encumbered with third-party rights. VI. Cost exemptionThe consignor will exempt BCA of all costs incurred by BCA because the information provided according to Chapter B. I is faulty and/or the vehicle/trim is not free of rights. This also includes the cost of legal proceedings. VII. Costs in case of withdrawal of a consignmentIf the consignor or BCA, for any of the reasons mentioned in Chapter B. II and III, withdraw a vehicle/trim from a sale, BCA will charge the consignor a penalty in the amount of the seller commission and the consignor commission. Similarly, the consignor must reimburse BCA for the costs of cancellation, preparation and presentation, which he has either ordered or which were necessary. VIII. Damages for cancellation1 If the contract of sale between the seller and buyer is cancelled for legitimate claims, in particular the lack of car certificates, car certificate with incorrect details of the seller or because the vehicle/trim is not free of rights of third parties, the consignor must reimburse to BCA the consignor and Seller commission, as well as any other damages, including lost profits. In addition, he also must compensate the loss of the buyer, including lost profits, which the buyer is required to prove. 2 If a cancellation takes place for reasons of goodwill, the buyer has no claim for damages against BCA and/or the Prohibition of own and multiple bidsDuring the term of an auction, the consignor is not permitted himself to make bids on a vehicle/trim he has submitted. Furthermore, he is not allowed to submit a vehicle/trim at the same time in other sales. In the event of infringement, BCA is entitled to block the consignor. X. Commission ban of the consignorThe vendor is not permitted to charge BCA and/or the buyer fees and/or commissions. XI. Representation of the consignorBefore, during and after a sale, the consignor must designate to BCA in writing a duly authorised person who, inter alia, is also entitled to decide on any reduction in the minimum price. XII. Entry fee, consignor commission and administration listing feeBCA will charge the consignor for the vehicle/trim and entry fee and a consignor commission. For each vehicle an administrative listing fee will be charged at least once, regardless of whether the vehicle is sold in the first or a subsequent auction. C. Auction conditions I. Registration1 To use the services of BCA, consignors and buyers must be registered with it. There is no entitlement to acceptance of the application. Registration is free and takes place through full specification of the data requested by BCA and the signature/approval of the Terms and Conditions. 2 If BCA accepts the registration of a buyer, he receives a client number. 3 If a buyer wants to use the service "BCA Online" and BCA has accepted his application, he is given a user name and is requested to indicate a password to identify his bids. This password may not consist of an e-mail or web address, may not infringe any third party rights and may not be an offence against public decency. The buyer is liable for any misuse of the password. II. Approval1 The buyer will receive his approval from BCA with the acceptance of his registration. 2 When using the service "BCA Online" he receives his authorisation by fax or e-mail within two business days after registration. 3 The buyer and the consignor are required to inform BCA immediately of any data changes arising after their registration in writing. 4 BCA is entitled to refuse or to withdraw approval without giving any reasons. An approval must be denied or withdrawn in particular in the event of • False information when registering• Misuse of the services of BCA• Infringement of third party rights• Damage or interference with the functioning of the services of BCA• Delay/non-performance of contract terms• Legal disputes• Infringements of the Terms and Conditions• Opposition to these and/or amended Terms and Conditions• Insolvency or composition proceedings over the assets of the buyer or rejection of insolvency proceedings for lack of assets. III. BlockingIn the presence of one of the reasons mentioned in Section C. II, par. 4, BCA reserves the right in addition to block the buyer for other sales of BCA. IV. DeregistrationThe buyer and the consignor may at any time deregister by writing to BCA with immediate effect. V. RevocationIf he has not yet used the services of BCA, the buyer and the consignor may also revoke his registration in writing within two weeks. VI. Use of the ServicesConsignors and buyers may use the services of BCA only in the manner intended. BCA may extend or restrict its services at any time. VII. Exclusion of salesBCA has the right to exclude buyers from sales without giving a reason. VIII. Privacy/use of stored data1 BCA is entitled to collect, store, process and use personal data for its own purposes. BCA must in particular observe the provisions of the Federal Act on Data Protection. 2 BCA is in particular entitled to use the data and information for sale• in the context of the use of the services of BCA by the consignor/buyer and publicise it to the extent necessary for the use of these services,• send it to the parties to a sales contract, to the extent necessary,• send it to third parties if this is necessary for the legitimate interests of third parties or the public interest, when it is used to resolve a misuse of the auction house or a general prosecution,• share it in other cases, by consent of the seller/buyer. The dispatch of data to European sister companies of BCA is allowed. There will be no further use of the data. 3 If the consignor/buyer has withdrawn his application, he will be entitled to delete the stored data, unless BCA still requires it for the execution of contracts. 4 The data/images made available by BCA may not be used by the consignor/buyer without the consent of BCA. 5 It is not permitted for consignors and buyers to use contact details and addresses and other content located on the site of BCA for commercial advertising. IX. Conduct of auctions1 Information on equipment, accessories, mileage and accident damage does not generate any claim to completeness or accuracy and is used only as a guide. 2 The applicable currency for the auctions is the CHF. The amount of the bid steps is CHF or CHF and is determined by the auctioneer. 3 The buyer is not allowed to have bids made by a third-party in the auction. The placement of a bid is only valid if it is issued in compliance with the procedure stipulated by BCA. BCA reserves the right to reject bids without giving any reason. Through a bid a binding offer is made to acquire the vehicle/trim. If a buyer is claiming that he has made no or no effective bid, he will bear the burden of proof. 4 In the event that the highest bid is below the reserve price set by the consignor, BCA may accept this bid subject to the consent of the consignor. If BCA accepts such a bid, the auctioneer explicitly declares that the acceptance must be subject to reserve. If consent is refused, no purchase contract is concluded with the consignor. Otherwise, the contract of sale of BCA is declared unconditional. 5 BCA is further entitled to notify a maximum bid, which is below the reserve price set by the consignor, to the consignor, so that he can optionally accept this offer. The buyer remains bound by his bid for this reason after the end of the auction, for a period of two working days. If the consignor accepts this bid, the buyer will receive the allocation. 6 On the allocation a contract of sale is concluded between the seller and the buyer. At the same time, the purchase price passes from the seller to the buyer by way of transfer to BCA. 7 The risk of accidental loss or accidental deterioration, particularly from the reasons mentioned in Section B. III, par. 3, such as natural disasters, theft and/or damage to property, are in no time the responsibility of BCA unless some other special agreement has been made with BCA. The seller will bear this risk until the date of the bid. After the allocation, the risk of accidental loss or accidental deterioration passes to the buyer. X. Special features when using the service "BCA-Online"1 The dates of the online auctions and bidding rounds will be announced on the website of BCA. 2 Each online auction/bidding round has a fixed term. BCA reserves the right, however, to shorten this term or to renew or cancel online auctions/bid rounds without a contract of sale. 3 The buyer is not permitted to make bids at the same online auction/bidding round through another user access. 4 If a condition report of an expert agency is available, it can be found on the website of BCA. With deviations from the general vehicle description, the information in the status report is decisive. 5 After completion of the online auction/bidding round, the bids received are checked and after reaching the reserve price the contract will be awarded to the highest bidder. If there are two identical highest bids, the one that was delivered first will win the contract. 6 If BCA accepts subject to reserve a maximum bid, which is under the reserve price set by the consignor, this reserve must be explicitly indicated on the website of BCA. 7 If the buyer is successful, he will be informed of this with an indication of the collection location. The risk of accidental loss and accidental deterioration of the vehicle/trim provisions is governed by Section C. IX, par. 7 as appropriate. XI. Purchase price1 Purchase price for regular taxable vehiclesa. The accepted bid prices are in principle gross prices, they include VAT. There is also a buyer's premium. The buyer's premium does not include VAT. If, in exceptional cases, net prices are applied, BCA will explicitly indicate this in A buyer based in a country outside Switzerland must pay the accepted bid price net. In addition, BCA will charge a security deposit for the amount of VAT. BCA will refund this security deposit to the buyer, as soon as he has proven that the vehicle purchased has been exported from Switzerland. For this purpose, the buyer submits the form issued by the Federal Customs Administration at the Swiss border, the "export customs clearance document" or the form "assessment decision export", to BCA. Once this form is submitted, the security deposit will be refunded to the client's account. 2 Purchase price for vehicles for which the fictitious deduction of advance tax appliesThe accepted bid prices are final. There is also a buyer's premium. The VAT on the accepted bid price and the buyer's premium is non-refundable. 3 The accepted bid price is payable immediately on the conclusion of the sales contract allocation. It must be paid in non-cash form. 4 A buyer with headquarters outside Switzerland must pay the costs incurred by the foreign bank transfer charges. 5 The accepted bid price applied from the location of each vehicle/trim. Any transfer costs are borne by the buyer. It is therefore the responsibility of the buyer to be aware of the respective location of the vehicle/trim in his bid. 6 If several vehicles/accessories are bought by the buyer on an auction day, BCA reserves the right to grant the release for collection only after full payment of all vehicles/accessories auctioned by it on that auction day. XII. Obligations of the buyer/rights of BCA1 The contract requires the buyer to immediately pay the purchase price, including all fees and expenses incurred, and accept the vehicle/trim. The occurrence of default does not require a reminder. The Expiration Date is the date of conclusion of the purchase contract/allocation Art. 102 par. 2 OR. 2 Payment must be made by bank transfer immediately on receipt in CHF. If the payment were made in another currency in Euros and a difference in the invoice amount results from this conversion, this amount would be claimed. Until full payment of the vehicle, or receipt of the complete invoice amount on the account of BCA, no release will be granted for collection/delivery of the vehicle. 3 The ownership by the consignor of the auctioned vehicle/trim is only transferred to the buyer after complete and irrevocable receipt of the purchase price on the account of BCA. 4 The auctioned vehicle/trim must be collected by the buyer within two business days after the release from the BCA site including client parking area. In the case of a "BCA Online" sale, the collection within this period must be made from the collection location indicated to the buyer by BCA. Should the buyer fail to comply with this obligation, BCA can, from the fifth business day after the bid, charge parking fees and/or have the vehicle towed or secured at the expense of the buyer. 5 If on delivery of the vehicle, the vehicle documents or parts of them cannot be provided, BCA will send them to the buyer by post. The cost of dispatch is borne by If the vehicle documents are lost by the client during dispatch, BCA will ensure their replacement, and BCA must bear the If the registration papers are lost for the end user, BCA will ensure replacement, and the client will pay the costs. 6 BCA has settled a lien on the vehicle documents until all claims of BCA against the buyer from other auctions have been settled. In the event that the buyer refuses to accept and/or the purchase price is not paid even after a written formal notice by BCA, BCA is entitled to withdraw from the contract and to claim damages for non-performance. 7 In such a case, BCA is entitled to auction the vehicle/trim again. If the purchase price owed by the buyer is achieved in this auction, the original buyer is required to pay the additional consignor commission for this auction to BCA. If this purchase price is not reached, BCA can place the vehicle/trim in another auction, appropriate for the vehicle, or allocate the contract for the lower bid price. This is to be deducted from the purchase price owed by the first buyer. The resulting difference plus consignor commissions for the other auctions performed, as well as state charges, must be paid from the third day after the due date of the purchase price by the first buyer. The claim is subject to an interest rate of 8%. 8 Even if a profit is made at a second auction, the obligation of the original buyer to pay the additional consignor commissions, buyer's premiums and state fees incurred will continue. He is not entitled to offset against the surplus revenues generated. 9 The buyer is required to notify defects and missing accessories in writing immediately after delivery of the vehicle. Immediately means a complaint being made by 2400 on the day after the transfer day. If the car is handed over to a transport company on the order of the buyer, then when handed over to it a transfer-for-transport certificate must be drawn up. This transfer-for-transport certificate must include identified visible damage. For damage to the vehicle resulting in transit the transport company will be exclusively liable. In the case of transfer to a transport company, the notice period is extended to on the day after delivery of the vehicle by the transport company to the buyer, but at the latest on the sixth day after handing over to the transport company. Defects must be notified in writing. Later, as well as oral/telephonic complaints cannot be considered. BCA will examine the defects alleged in writing and inform the buyer and/or the consignor in writing of the results of the examination of the complaint. A complaint does not relieve the buyer from the obligation of full payment. 10 If enforcement measures are asserted against the buyer at a time at which he is the possessor, but not yet the owner, of the auctioned vehicle/trim, the buyer must inform the creditors pursuing enforcement about the retention of title by the consignor and immediately notify BCA about the enforcement proceedings instigated against him. If the buyer fails to make reference to the retention of title of the seller, he is liable to the consignor and BCA, beyond the purchase price, for any other damages resulting from this. XIII. Obligations of the consignor1 The consignor undertakes to collect a vehicle/trim that has not been sold, no later than the end of the third banking day for BCA Online the fourth banking day after the auction at his own expense and risk, unless it is placed in another auction. This means that the vehicle must be removed from the BCA site including client parking or the collection location notified to the buyer Section C. X par. 7. Should the consignor fail to meet this obligation, BCA can charge parking fees and/or have the vehicle towed and secured at the expense of the supplier is required to notify defects and missing accessories in writing immediately on collection of the vehicle. Section C. XII, par. 9 applies for the timeliness of the notice. After expiry of the three-day period for BCA online four-day period, BCA will store the vehicle at the expense and risk of the consignor. BCA will charge stand fees. Unless a vehicle/trim is placed again in an auction, BCA will charge the consignor a further consignor commission. 2 Following the sale, the consignor will send BCA an invoice for the auctioned vehicle/trim. Commissions and fees that the consignor must pay to BCA must not be offset against it. 3 BCA must arrange to discharge this account no later than six business days following payment of the purchase price and all charges incurred by the buyer. If the transfer is to take place abroad, the fees incurred are to be borne by the consignor. 4 If BCA withdraws from a sales contract for a vehicle/trim and payment has already been made to the consignor, the ownership of the auctioned vehicle/trim passes to BCA. 5 If in accordance with Section C. XII, par. 6 and 7 a re-auction of the vehicle becomes necessary, BCA is entitled to the resulting profit because of the increased operating and administrative expenses. 6 If the vehicle/trim is not auctioned and is again placed in an auction, BCA may charge the consignor a further administration listing fee. XIV. Transport1 The buyer has the following options for transport to the collection of the vehicle or the consignor for transport to BCA or for the return of an unsold vehicle/trim • Hiring a transport company by BCA - invoicing by BCA• Introduction of a transport company by BCA - invoicing by the transport company to the buyer/consignor• Hiring a transport company by the consignor/buyer• Collection 2 The acquisition of the vehicle or accessories can take place on a weekday except Saturdays from - and - in any collection location of the collection of the vehicle/trim, the following must be shown• Written agreed collection date• Purchase list/invoice• Identity card/passport In the case of collection by third parties• Written agreed collection date• Copy of purchase list/invoice• Identity card/passport• Power of attorney of the buyer. With return transport for the consignor• Written agreed collection date• Authority of the consignor• Identity card/passport D. Liability for defects Any liability for defects is excluded. Vehicles and accessories are sold in the state in which they are at the time of contract allocation. Used vehicles have the wear corresponding to their age or mileage. BCA is not the owner of the vehicles/accessories and is not responsible for a particular characteristic or properties of the vehicle/trim. Similarly, BCA is not responsible for the accuracy and completeness of the information provided by the consignor. This means in particular information concerning a specific condition or characteristic of the vehicle/trim and its fittings. For this information the sole responsibility rests with the consignor. Vehicles/equipment are not subject to technical review of BCA. The seller agrees that BCA will give the buyer his name if he asserts defect liability claims that are not manifestly unfounded and the buyer makes the disclosure of the consignor in defect liability exclusion does not apply in cases of malice and for damages resulting from injury to life, body or health, based on a negligent breach of duty by BCA/the consignor or an intentional or negligent breach of duty by a legal representative or vicarious agent of BCA/the consignor. It also does not apply to any other damages based on a grossly negligent breach of duty by BCA/the consignor or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of BCA/the consignor. E. Liability I. Use of the servicesBCA is not liable for damages arising to consignors, buyers or third parties in connection with the use of the services of BCA, in particular for damages that are attributable to the fact that due to technical defects bids were not received at BCA in time or not considered. The same applies to any damages which arise from the fact that vehicles/equipment were not described accurately or not to the extent necessary for maintenance or updates, or similar, and BCA reserves the right of temporary disabling of its website and its system. II. Intent/gross negligence/cardinal obligationsBCA is liable to consignors and buyers only in the case of intent and gross negligence. Any further liability is excluded. This exclusion does not apply to damages resulting from injury to life, body or health, based on a negligent breach of duty by BCA or an intentional or negligent breach of duty by a legal representative or vicarious agent of BCA. III. Liability of usersParticipants and visitors of BCA are liable for damage they cause culpably on the premises of BCA. IV. Manufacturer warrantiesExisting manufacturers' warranties will not be affected by the sales. F. Final Provisions I. Place of performance/legal venueThese Terms and Conditions are governed by Swiss place of performance and legal venue is Willisau. Willisau is also always the jurisdiction when the vendor and/or buyer have no general legal venue in Switzerland. The United Nations Convention on the International Sale of Goods CISG and the rules of private international law do not apply. The contractual and auction language is German. If documents in a different language are used contracts, business conditions, business correspondence, they are for information only. The German version will take precedence. II. SeverabilityIf any of the above clauses are invalid, this will not affect the validity of these conditions in their entirety. In place of the invalid clause, a provision will be introduced that comes as close as possible to the sense and the economic purpose of the invalid clause. House rules1 BCA has the right without giving any reason to refuse admission to persons to the premises of BCA or to participation in Trade with third parties on the premises of BCA is not permitted. In the event of infringement, BCA is entitled to remove approval from the persons or companies The consumption of alcoholic beverages on the premises of BCA is not The provisions of the Road Traffic Act apply on the premises of BCA SVG.5 Minors are not permitted access to the premises of BCA unless accompanied by an The parking of vehicles acquired on the client car park is not permitted. Price List – BCA AutoRemarketing Switzerland Ltd. Charges per vehicle Charges per vehicle Amount in Swiss francs Supplier’s commission equal to % of the final bid price Min. Administrative entry fee Registration fee for vehicles weighing up to tonnes incl. handling, washing and surveys, including damage surveys Buyer’s commission buyer equal to % of the final bid price Min. Vehicle preparation fee after purchase per vehicle Free vehicle storage for 5 working days from the invoice date; parking fee for each additional day Default processing fee Fees and prices are per vehicle when not stated otherwise Prices are net excl. 19% VAT Oops! Not found Unfortunately, we cannot locate that page right now. For more brilliant options, you can still find us on your favourite marketplace! Go back to your homepage Category filter AcronymDefinitionBCABuilding Code of AustraliaBCABilliard Congress of AmericaBCABuilding and Construction Authority SingaporeBCABoard of Contract AppealsBCABritish Car AuctionsBCABoston Center for the ArtsBCABusiness Council of Australia AustraliaBCABureau of Criminal ApprehensionBCABank Central AsiaBCABreast Cancer ActionBCABenefit/Cost AnalysisBCABusiness Consumer AllianceBCABethel Christian Academy various locationsBCABoeing Commercial AirplanesBCABurst Cutting AreaBCABritish Chiropractic Association UKBCABritish Caving AssociationBCABusiness Case AnalysisBCABudget Control Act of 2011BCABiological Control Agent plantsBCABind Column AddressesBCABinary Condensing AlgorithmBCABare Chip AttachBCABusiness Car AwardBCABattery Charger AssemblyBCABroadcast AddressBCABlock Cipher AlgorithmsBCABenefit Cost AnalysisBCABrand Certificate AuthorityBCABradford Christian Academy Haverhill, MABCABuilding Contractors AssociationBCABurlington City Arts VermontBCABurren College of Art IrelandBCABlack Coaches AssociationBCABuilding Consent Authority various locationsBCABritish Cement AssociationBCABuilding Commissioning AssociationBCABuilding Control Authority various locationsBCABuick Club of America car clubBCABank Credit AnalystBCABlack Coaches and AdministratorsBCABerkshire College of Agriculture UKBCABilan de Compétences Approfondi French Thorough Review of Skills; 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antiquesBCABrevet de Chasseur à l'Arc French Patent Bow Hunter; certificationBCAN-Benzylcyclopropylamine chemistry General Terms and Conditions for the Provision of Physical and Electronic Auction Services A BCA Italia Srl, with headquarters at 143/A, Via Emilia, Montanaso Lombardo LO 26836, Italy, VAT No/Tax Code IT02557550346, registration number 1469778 on 19/07/2012 in the Lodi Companies Register, manages the sales through electronic Auctions hereinafter also called "online Auctions" and physical Auctions of used vehicles from professional sellers in the "automotive" sector. B Participation in the Auctions is reserved exclusively for professional buyers operating in the automotive sector with the Ateco 2007 code Additional secondary codes like and without the are insufficient per se and therefore the registration will be rejected. Private buyers cannot participate in the auctions. C Participation in the Auctions is subject to registration on the BCA webscite, providing all the necessary information as required by current regulations Consolidated Law on Public Safety and/or as may be requested by BCA case by case. D BCA assigns used Vehicles to the highest bidder at the Auction. Registered Users who win an Auction accept unconditionally all the conditions herein stated and are required to pay the amount offered, unless otherwise indicated. E The Technical Specifications published on the BCA website are an integral part of these General Terms and Conditions; they explain to Registered Users the arrangements for inspection and assessment of the condition of the Vehicles for sale through BCA Auctions. By accepting these General Terms and Conditions, the Registered Users and/or winning bidders are declaring that they have read, understood and accepted the Technical Specifications. 1. Definitions In addition to the terms defined in other clauses of these "General Terms and Conditions" the following expressions, listed below, are also used and have the meanings indicated next to each. The terms will be applied both in the singular and in the plural a "BCA" BCA Italia Srl. b "Website" the website accessible at which provides the electronic Auctions service owned and administered by BCA Marketplace Limited. c "Seller" or "Partner" any company and/or professional trader who uses the services of BCA and offers to sell their used Vehicles to the customers of BCA. d "Registered User" any professional trader who registers on the BCA website in order to participate in the Auctions. e "Vehicles" used Vehicles offered for sale via physical or online Auctions. f "Product File" a file containing information about the Vehicles. g "Auction" an electronic and/or physical sales process, with a series of bids which ends in the sale of the Vehicle to the highest bidder if a minimum bidding price is exceeded. h "Bid" the offer made by each participant in the Auction with the aim of winning the Vehicle. i "Reserve Price" the minimum price that the Seller is willing to accept for the sale of the Vehicle. j "Winning Bidder" the person who wins a Vehicle offered for sale at an Auction. k "Buyer" the person who buys a Vehicle offered for sale at an Auction. l "Proxy" the person who, by means of a proxy signed by the legal representative, is appointed to represent the Registered User at the Auction m "Auctioneer" the person appointed by BCA to conduct the Auction physical or online and expressly authorised to receive offers from the various participants. n "Mileage" the distance the motor Vehicle on sale has been driven, as declared by the Seller. Unless otherwise stated, the mileage is expressed in kilometres. o “Buyer fees” Purchase fees applied on each vehicle purchased. p "Technical Specifications" a set of all the characteristics and information of a vehicle, as explained on the appropriate web page o "Attachments" to be considered as such are the Auction Glossary, the Buyer Fees and the Technical Specifications, all of which are published and accessible on the BCA website at the following pages - Glossary - Buyer Fees - Technical Specifications 2. Terms and Conditions of Use These "General Terms and Conditions", published on the BCA website, regulate all relations between BCA and the Registered Users. Except as provided for at point which follows and unless otherwise agreed in writing, participation in BCA Auctions implies that Registered Users have read, understood and accepted these "General Terms and Conditions" for the provision of the service. Some Auctions require for the relationships between BCA and Registered Users to be governed by special terms and conditions marked as "Special Terms and Conditions", which differ from the "General Terms and Conditions". In this case, participation in BCA Auctions implies that Registered Users have read, understood and accepted the "Special Terms and Conditions" which relate to the particular service. BCA has the right to modify these General Terms and Conditions at any time. These modifications will be considered automatically accepted by Registered Users as a consequence of simply using the BCA platform or participating in physical Auctions following such modifications. Any general terms and conditions of contracts applied by customers are not applicable to Auction services provided by BCA, and BCA is therefore under no obligation from such contracts. 3. Subject Matter BCA Auctions are conducted in two different ways a Physical Auctions held at the offices of BCA and/or BCA logistics centres; this includes Live Online Auctions or the same physical Auctions broadcast simultaneously on the website, or LiveOnline Auctions accessible on the website, where it is possible to participate electronically, as regulated by point 6 below b Online Auctions held solely electronically on the website, as regulated by point 7 below Unless otherwise indicated, Auctions are carried out by BCA in its own name and on behalf of the Sellers, with BCA acting as an agent. Unless otherwise specified, these General Terms and Conditions apply to all types of Auction carried out by BCA. BCA, acting at its sole discretion and without having to provide any explanation, reserves the right to refuse certain Registered Users from participating in an Auction; in this event, the Registered Users will not be entitled to any indemnity or compensation, other than a simple return of any sum already paid. 4. Registration and Access Participation in BCA Auctions is granted only to the Registered Users who, by registering, declare themselves to be of legal age and to have the ability to act on and accept these "General Terms and Conditions". Proxies may also participate in BCA Auctions, in the name of and on behalf of the Registered User by creating different profiles within the account of the Registered User on the BCA website. BCA reserves the right to exclude from participation in the Auctions any Registered Users or Proxies who do not comply with these Terms and Conditions and/or engage in illegal conduct. Such exclusion can be either temporary or permanent. Upon registration the Users must provide a 1 one copy of the registration certificate of the company at the Chamber of Commerce with specific indication of the powers of the legal representative, updated within 6 months of the date of registration b 1 one copy of the identity document of the legal representative of the company and fiscal code c VAT registration number d When registering on the BCA website, Users from EU countries other than Italy I/C must accept the "BCA Additional Terms and Conditions of Auction applicable to customers who have a EU-based VAT number", published on the website and accessible at T&C page. In order to participate in Auctions, they are required to fulfil all the requirements therein e When registering on the BCA website, buyers from outside the EU export must accept the "BCA Additional Terms and Conditions of Auction applicable to buyers who reside outside the European Union" published on the site and accessible at T&C page. In order to participate in Auctions, they are required to fulfil all the requirements therein f in order for the registration to be valid, Registered Users must accept these "General Terms and Conditions" and all related "Attachments", published and available on the BCA website, which form an integral part of these "General Terms and Conditions" and are deemed as accepted with the acceptance of the "General Terms and Conditions" g A Proxy appointed by a Registered User may only participate in physical Auctions if an authority signed by the legal representative and by the Proxy, as well as a photocopy of the Proxy's ID not a driving license, are sent by email to the email address [email protected] for not-Italian Registered User or by PEC certified email to the PEC certified email address [email protected] for Italian registered User, before the Proxy's participation in the Auction h A Proxy may only participate in Live Online Auctions and/or Online Auctions after a profile is created for that Proxy within the Registered User's account. In order to activate this profile, an email to the email address [email protected] for not-Italian Registered User or a PEC certified email to [email protected] for Italian Registered User must be sent with an authority signed by the Registered User. BCA will then provide the Proxy with a "User Name" also called a "Username" and a strictly personal "Password", as detailed in point Registered Users must promptly inform BCA with written notice of any changes to the data provided, including that of Proxies allocated to third parties. Registered Users are responsible for any damages caused by negligence, incorrect or incomplete information provided by them. In the 24 working hours following the online submission of the form by the Automotive Professional, the Automotive Professional will be contacted by a BCA team member to complete and validate the registration. BCA will provide any new Registered User with a training on the general use of the platform and functioning of the auctions. Only once the training has been provided will the access to the auctions be provided to the Registered User. After the first purchase of the Registered User now Buyer, BCA will contact the Buyer and provide a comprehensive after-sales support over the phone to ensure the vehicle can be made quickly available for pick-up or delivery. Once registration is completed, the User will receive their login details a "User Name" also called a "Username" and a link to define the new "Password" which will be for the exclusive use of the Registered User/Proxy to whom they were assigned, for use within certain limits on the website. The Registered User/Proxy will be able to change the assigned password. Registered Users/Proxies are required to keep their access data private. Should a Registered User become aware of any unauthorised access or suspect misuse of their details, they must immediately inform BCA. Registered Users who do not meet these reporting requirements are responsible for any unauthorised use of their login details. If the misuse is promptly notified, BCA Italy will activate a password-change procedure, temporarily suspending the account and freeing the Registered User from liability for the misuse of their login details. Website registration and viewing the pages and their offers is free of charge. Registration allows Registered Users to also use the Auction service provided by the website. Registration is deemed to be complete when the procedure is performed correctly and a User Name and Password are assigned. BCA, at its sole discretion and without the need to provide any explanation, may refuse website registration or block access and/or delete any Registered User. The blocking action implies that the buyers accesses will automatically be blocked in all the countries where the Buyer has a valid BCA account. Notwithstanding any duly validated Registration, BCA reserves the right to temporarily or permanently suspend the Registration and related access to Auctions for the following reasons including, but not limited to - Failure to communicate or provide any document requested by BCA; - Failure to pay within 7 days after invoice date; - Improper behavior towards BCA staff; - Disclosure of the personal and confidential credentials to third parties; - Proven or suspected fraud, on documentations or identify, or any unlawful behavior; - Contact with a Seller. BCA shall inform the Automotive Professional of the suspension of its account by any means. 5. Privacy and Newsletter By registering on the website, Registered Users/Proxies agree that their personal details will be processed by BCA. BCA processes all data of Registered Users/Proxies in its possession in accordance with the laws in force. Registered Users can subscribe to the BCA Newsletter. Users can unsubscribe at any time by selecting the corresponding option in the Newsletter received. By accepting to receive the Newsletter, Registered Users agree to receive updates on new Auctions, new offers or new services operated by the Auction platform. 6. Vehicle Information and Documents Our Marketplace is European, our Buyers are from all over Europe and beyond. Therefore, it comes as only natural that any vehicle description also comes always in English, thus avoiding unnecessary Claims. Therefore, if any important last minute information about a vehicle must be shared before or during an auction, it will always be shared in written form in the local language of the BCA auction being purchased from and in English. If there is a risk that the information may not be understood, the vehicle will be removed from the sale and will be re-entered for auction in a later sale event. BCA displays all its vehicles for sale on its sales platforms and commits to providing the following information to the buyers a. A description of the vehicle i. Make ii. Model iii. First Year of Registration iv. Odometer Reading +/- 50km v. Gearbox Type Automatic/Manual vi. Fuel/Energy type Petrol/Diesel/Full Electric/Alternative energies vii. Color of the Vehicle viii. Number of seats Identified during assessment, could differ from Vehicle Documents ix. Number of doors x. Previous usage of the car xi. Margin Regime of the car Margin or Qualifying Net xii. Battery full purchase or battery leasing in the vehicle title and in the description xiii. Presence or absence of vehicle documents at the moment of sale xiv. Information on the Luxury Tax regime if applicable b. A list of the vehicle equipment including, when available Information on previous damages and COC; c. A set of commercial pictures minimum 4 pictures; d. When available, a picture of last page on the history Service Book records. When the information is recorded digitally, a picture of the dashboard screen, displaying the Service History information, will be provided; e. When available, a picture of the second key If no key available, this will be indicated in the “other information” box; f. An Aesthetic appraisal report of the vehicle, on both interior and exterior, with pictures of identified damages on the vehicles. BCA does not always hold the vehicle document at the moment of the vehicle sale. In the instance where BCA does not have the documents at hand at the moment of the vehicle sale, this information will always be shared on the vehicle page, both in local language and English. Whenever BCA is in possession of the car documents at the moment of the vehicle sale, these documents will be sent to the Buyer as swiftly as possible. In the event that BCA provides incorrect information on make, model, first year of registration or type of fuel / energy, the customer has the right to cancel the sale or request financial compensation, see paragraph 7. Physical Auctions and Online Auctions with Auctioneer The website publishes physical Auctions held at the BCA offices and/or BCA logistics centres, providing a clear indication of the arrangements for participation, the Auction start and end times, as well as the Vehicles to be auctioned. The physical Auctions also include Live Online Auctions. These are the same physical Auctions which are also broadcast simultaneously on the website, and can be participated in via the appropriate Live Online internet application. Every Vehicle is identified by its own Product File, which contains information about the Vehicle technical data, photographs of the Vehicle, mileage, documents attesting to the ownership and/or rights, and all other relevant and/or useful information for the sale. Product Files can be viewed directly on the website. The above-mentioned information regarding the Vehicles is not binding until the start of the Auction and may be modified by BCA until its opening. At the beginning of each Auction, the auctioneer indicates the starting price set for the Vehicle. Registered Users participate in the Auction by making an offer or bid for the Vehicle under auction, starting from the price indicated by the auctioneer; every subsequent bid must be higher, with an increased bid of at least € unless otherwise indicated. The bids are made in round numbers, without decimals. The bids are binding, irrevocable, non-refundable and non-changeable, except as provided by the article 12. The winners of the Auction are therefore bound to fulfil all the obligations under the contract, as established in points 7, 8 and 9 of this article and in articles 9, 10, 14, 17 and 23. Raising the bid price should be done as follows Registered Users present in the auction hall may raise their hand Registered Users participating via the internet application Live Online may use the user interface of the website or use a real-time messaging system In Online Auctions and Live Online Auctions, if the Registered User wishes to indicate the maximum amount he is willing to pay to win the Vehicle, he can enter this amount and the system will automatically raise their bid by 100,00 EUR in reply to counteroffers as they occur, with the aim of achieving the best offer within the limits specified by the Registered User. In the event of technical difficulties preventing a Registered User from bidding electronically, BCA may accept telephone bids. These must be confirmed by email, from an address known to BCA and linked to the bidder before the beginning of the Auction. When auctioneer beings down the hammer, the bidder that placed the last, highest bid for the Vehicle becomes the winning bidder and the Auction ends. At the end of the Auction, the Registered User who made the winning bid automatically agrees to purchase the Vehicle and accepts any request by BCA in connection with completion of the purchase. If awarded the Vehicle, the winning bidder is obliged to pay the purchase price to BCA, plus VAT if due, plus a commission proportionate to the sale price, according to the fees published on the website and accessible at the following page Buyer Fees. This is without prejudice to the provisions of article Purchases made by the Registered User at physical Auctions are personal and any modification or substitution of the winning bidder is prohibited, unless specifically authorised by BCA. 8. Online Auction without Auctioneer The BCA website will host several Online Auctions, indicating the beginning and end times of each Auction. These times are published on the web page corresponding to the Auction and/or on the general pages of the website and may be modified by BCA at its sole discretion during the Auction. Each Vehicle is identified by its Product File, viewable directly on the website and containing information about the Vehicle, including technical data, photographs of the Vehicle, Mileage and other relevant and/or useful information for the sale. The information contained in the Product File published on the website is not binding until the start of the auction and may be modified by BCA until the opening of the auction. Registered Users participate in online Auctions via the user interface of the website by bidding on the Vehicles. The bids are made in round numbers, without decimals. Online Auctions may be conducted in the following manner a Bid Auction including "xBid" stage The starting price set for the Vehicle is indicated on the website. The bidder must make an offer starting from the Price listed on the site and each subsequent bid must be higher than the previous one, with a minimum raised bid of 100,00 EUR one hundred euros, unless otherwise specified. During the auction, the site displays the submitted bids, indicating the date, time and amount of the offers made as they occur. If the Registered User wishes to indicate the maximum amount he is willing to pay to win the Vehicle, he can enter this amount and the system will automatically raise their bid by 100,00 EUR in reply to counteroffers as they occur, with the aim of achieving the best offer within the limits specified by the Registered User. At the end of the Auction, if indicated on the web page, an additional stage called "xBid" could follow where, for a short period of time, specifically indicated by a countdown timer, all participants will be able to make one or more additional bids for all the Vehicles offered for Auction. All the Vehicles will be individually re-posted on the website, with the last price provisional winning bid shown for the Vehicles for which offers were made. If no additional raised bid is made, the Vehicle will be awarded still provisionally, pursuant to article 9 to the Registered User who made the last bid during the main Auction. However, if new bids are made, upon every new bid received, the countdown timer will restart for the same short period of time and the Vehicle will be awarded still provisionally, pursuant to article 9 to the bidder who places the last, highest bid within the time available. The Registered User who, at the end of the Auction, has placed the highest bid, will be provisionally awarded the Vehicle pursuant to article 9. b Buy-Now Auction The website shows the Price of the Vehicle and the bid must be equal to the amount indicated as the buy-now Price. At the end of the Auction, the Registered User who first made the bid will be deemed the winning bidder of the Vehicle. At the close of the Auction any unsold Vehicles will be removed from sale and will no longer be available for purchase. c Sealed-Envelope Auction Vehicles will be offered for Auction without any indication being given of the Starting Price. Registered Users will be able to make an offer for the Vehicle without being able to see the offers made by other users for the same Vehicle. At the end of the Auction, the Registered User who made the highest bid of all the bids received will be provisionally awarded the Vehicle, pursuant to article 8 below. If two or more Users made the same highest bid, the bid that was received first chronologically will be the winning bid. In the event of technical difficulties preventing a Registered User from bidding electronically, BCA may accept telephone bids. These must be confirmed by email, from an address known to BCA and linked to the bidder before the beginning of the Auction. The bids are binding, irrevocable, non-refundable and non-changeable. Decisions regarding the acceptance of an offer rest solely with BCA; BCA may also cancel the auction award and re-offer the Vehicle for sale. When the Buyer wins an Auction, the Buyer agrees to comply with any request from BCA in connection with completion of the purchase; once the purchase is confirmed by sending an invoice, the winning bidder is required to perform all obligations arising from the winning the auction, as established in points 10 and 11 of this article and in articles 9, 10, 14, 17 and 23. BCA reserves the right to close an Auction early if it considers that the Auction has been manipulated and/or distorted. In this case, any bid in relation to such an Auction which has closed early will be immediately cancelled. Purchases made by Registered Users on the BCA website are personal; any modifications or substitutions of the details of the winning Registered User are prohibited, unless specifically authorised by BCA. Photos and documents downloaded directly from the BCA website may not be used prior to the transfer of ownership of the Vehicle. Violation of these provisions gives BCA the authority to immediately suspend the offending party from further access to the website. Changing Registered Users' names is subject to prior agreement of the parties. Registered Users may not, in any way, seek to distort or manipulate the Auctions. The use of methods and/or means to interfere with the proper functioning of the Auctions is illegal and unacceptable, and gives BCA the authority to take all protective measures it deems appropriate. 9. Provisional Award If at the end of the Auctions referred to in articles 7 and 8 above, the last bid is lower than the reserve price, the award is considered "Provisional" and the Registered User who made the last bid wins the Vehicle "provisionally". BCA will immediately inform the winning bidder of such provisional award and request the Seller's authorization to sell at a lower price. This will be communicated within 24 hours from the end of the Auction. The offer referred to in point above is in any case considered as binding for 24h and, once accepted by the Seller in the way described below, it will be considered final. All the provisions of these General Terms and Conditions also apply to sales completed under a Provisional Award. 10. Sale Procedures All the auctioned Vehicles are put on sale in the state and conditions in which they are offered and are sold with a battery level sufficient for their turning on except non-running / damaged The Auctions are conducted in the manner specified on the website and regulated by articles 7, 8 and 9 above, and may be subject to specific conditions published on the website case by case. In physical Auctions, the auctioneer declares the end of the Auction and announces the winning bidder to whom BCA will send an invoice containing The price of the Vehicle Physical Auction commission Fixed costs and taxes At the end of Online Auctions and Auctions referred to in article 9 "Provisional Award", BCA will promptly send the highest bidder a notice by email stating the price offered for the Vehicle or Vehicles. In cases governed by point "Closed Envelope Online Auction", the offer price identifies what the Registered User is willing to pay for the Vehicle, which the Registered User must pay to BCA in full in the event of being awarded the Vehicle. The sale is deemed to be definitively concluded with the sending of the invoice. From that moment, all the risks associated with the Vehicle are transferred to the buyer. BCA gives the winning bidders a period of 2 working days from the delivery of the invoice to pay the amounts due and indicated therein The price of the Vehicle Fixed costs and taxes Auction commission Any costs of transport, carried out as an extra service by BCA, will be communicated upon specific request and quantified; these costs will in any case be borne by the Winning Bidder and indicated in a dedicated invoice. BCA will issue a first payment reminder on the third calendar day after the delivery or dispatch of the invoice, and a second payment reminder on the fifth calendar day after the delivery or dispatch of the invoice. In case the Buyer fails to execute the payment within 7 calendar day after the delivery or dispatch of the invoice, BCA reserves the right to cancel the sale and automatically block the account of the Buyer. In case BCA uses the right to cancel the sale because the Buyer failed to execute the payment within 7 calendar days following the date of the day after the delivery of the invoice, the Buyer owes a cancellation fee of 500,00 EUR per vehicle and will be automatically blocked in all BCA countries. After receiving payment of the invoice, BCA will, with the help of Agencies and/or third parties appointed by BCA, complete all formalities relating to the sale and transfer of ownership of the Vehicle; BCA will also deliver or send to the Winning Bidder at the address specified, with the help of Agencies and/or third parties appointed by BCA, the documents relating to the purchased vehicle. In particular, BCA will send by courier the registration certificate, the certificate of ownership and the vehicle's second key, if any; meanwhile, when the vehicle is picked up, BCA will physically deliver to the Winning Bidder the keys and all the accessories with which the vehicle was equipped at the time of the award, unless otherwise agreed. BCA accepts that, if the Vehicle documents are not sent to the Buyer within 30 thirty days after the payment, such failure may be the subject of a complaint with consequent cancellation of the sale. In this case, no cancellation fee may be charged to the Buyer and the return of the Vehicle in Italy will be entirely in charge of BCA. Buyer shall not be compensated for any improvements or expenses incurred, such as maintenance, restoration or fuel costs. BCA does not provide any compensation for the delay of delivery of the car documents. Once the invoice has been paid and the documentation procedure is complete explained in point above, BCA will issue a specific "Pick-up Order" to the Winning Bidder, allowing the Vehicle to be collected at the place it is being kept, under the conditions specified in that Pick-up Order. If the Winning Bidder appoints a third party to collect the Vehicle, whether a private individual or a transport company, the Winning Bidder must inform the appointed third party of the Terms & Conditions established in this document and the operating instructions contained in the "Pick-up Order". In the event of non-payment by the Winning Bidder, the fees and commissions related to the sale will still be payable to BCA. In addition, the Winning Bidder will be required to pay the cancellation fee. In any case, BCA reserves the right to automatically compensate for any debt the Winning Bidder may have with BCA using any credit the Winning Bidder may have with BCA. 11. Cancellation Request of the Sale by the Buyers BCA understands that a mistake may happen and will therefore accept 1 cancellation request 1 vehicle per calendar year without financial or blocking impact on the Buyers account. The buyer must request a purchase cancellation to BCA within 24 hours following the auction date. Failing to request the cancellation within the given 24 hours, via online claim form, will imply validating the purchase, with BCA rightly expecting the full payment. If the buyer contacts BCA within 24 hours after the auction, via online claim form, the following process then takes place - BCA grants the cancellation of one vehicle per year per buyer, without blocking the account. If the buyer wishes to enforce this right, he must request it through the online complaint form within 24 hours of the sale. BCA will charge a penalty of EUR 500. The Buyer’s account will be temporarily blocked until the penalty is paid. -The second request for cancellation of the sale of a vehicle during the same calendar year will be automatically refused and the Buyer’s account blocked. 12. Warranty and Complaints Now, our commitment to the Buyers is to provide a response to solve any Claim within 5 working days after having received a Claim request with all relevant information. BCA also commits to providing an acknowledgment to any claim within a maximum of 24 hours working days after the submission of the claim by the Buyer. Claims will only be considered on the vehicle in its current state, no claim will be accepted following rework on the vehicle or resale of the vehicle. With regard to the contents of the Technical Specifications available on the following web page the specifications of Vehicles, accessories and other items offered for sale by BCA are usually based on information provided by the Seller. Given that the Vehicles sold through Auctions are used, no responsibility can be attributed to BCA for any known and/or knowable defects, including according to the information provided in the Technical Specifications and/or stated in the Product File, up until the delivery of the Vehicle. By way of example, BCA cannot be held responsible for this is not an exhaustive list defects to the bodywork, interior wear, mechanics, "optional" accessories, milometers, delay in delivery of the Vehicle. BCA will not pay compensation for any damages not indicated in the Product File and/or the published photographs and/or inspections and in any case recognisable in terms of the process described in the Technical Specifications. With respect to the specific degree of age and wear, BCA will not provide any compensation for any defects, even hidden ones, that may be found on Vehicles with a mileage of more than km or with at least ten 10 years of service from the Vehicle's first registration date, on non-running and damaged Vehicles, on Vehicles sold in auction for less than EUR, excluding fees and VAT or other taxes. Except for claims related to the following guaranteed information wrong brand, model, fuel type, engine size, claim is related to runner/non-runner status, transport damages. BCA will not consider claims relating to hidden parts, as the Vehicles are not checked on the lift, and BCA doesn’t test of 4WD, so this aspect is not claimable. BCA will not accept claims relating all wear parts subject to maintenance and small components Tyres, clutches, brakes, brake pads, seals in general, gaskets, retainers, spare tyre, spark plugs, battery, alternator toothed belt, electrical part in general. Alternator, starter, wiper pads, linings, discs, cables, gearbox/automatic gearbox. Windshield wipers. Bumpers subject to knocks and bumps. The failure of the headlights Lighting systems. Filters, suspension, shock absorbers, shock absorber bracket, wheel kit, bearings, triangles, hangers, turbo. BCA will not consider claims relating to defective vehicle batteries and resulting consequential damages after vehicle purchase undetectable damages or damages caused by external starting processes. Accessories are not tested on functionality. Claims won’t be open on following parts / items • Wheels/rims/tyres/spare wheels unless it is proven transport damage • Windshield/glass parts unless it is proven transport damage • Lights unless it is proven transport damage • Odour issues BCA will only consider and act upon complaints relating to discrepancies/anomalies/hidden defects, sent by Buyers who, at the date they submit their complaint, are up to date with all payments due to BCA Italy. If a Buyer sends a complaint without the aforementioned requirement being met, the Buyer will receive notice from BCA indicating the amount due and methods of payment. Once the debt has been settled, BCA will immediately process the complaint. The Buyer can view all the most up-to-date information by consulting the web page Appraisal & Mechanical report Any complaints reporting discrepancies compared to what was communicated by BCA and/or which are recognisable in terms of points and above, should be submitted, under penalty of forfeiture, at the time of Vehicle collection, in the following ways a Whenever the vehicle is picked-up by the Buyer or transport is organised by the Buyer, a claim may only be raised by the Buyer in a maximum of 24 hours 1 working day after the pick-up of the vehicle, and with a maximum of 50 additional kilometres on the car. b Whenever the vehicle is transported by BCA, a claim may be raised by the buyer up to 24 hours 1 working day after the delivery of the car, and with a maximum of 50 additional kilometres on the car. If collection is carried out "on the road" with a "test plate", without using a transporter with a car carrier trailer, by the Buyer or their proxy, at BCA's offices or a BCA-affiliated centre, any risk related to transportation and any damage will be the responsibility of the buyer. Any complaint reporting any defect, hidden included Art. 1495 CC, may only be sent to BCA in the following circumstances a The Vehicle has been driven less than 50 kilometres since the time of collection by the Buyer b No more than 1 working day 24 hours has passed from the time of the pick up of the vehicle when the transport has been organized by the buyer c No more than 1 working 24 hours days have passed from the time of the delivery of the vehicle when the transport has been organized by BCA d Within 10 working days of BCA sending the Pick-up Order to the Buyer to collect the Vehicle without the collection having taken place. The complaint must be sent in writing to BCA using the form link available on the website and it must be sent to the BCA where the Vehicle was purchased. The notification to open the complaint must include a Vehicle number plate or, for Vehicles without a number plate, the invoice number b DDT/CMR double signed and accepted by all the parties carrier and addressee, with the indication of the anomaly found visible damages, suspicious sounds accompanying possible malfunctions, etc. and missing items initialled specifically also by the carrier and with correct delivery date c Odometer picture d Detailed and exhaustive photos of the discrepancy/defect e Diagnosis and detailed repair quote issued by the manufacturer, by an official dealer or an authorised subsidiary service station, on headed paper with details of the type of repair, hours of labour, supplies, replacement parts to be used, etc. In the case that the Buyer is the owner of an authorized certified service center, he can submit an independent diagnosis/estimate of costs. BCA reserves the right to request additional supporting documentation from the Buyer, which must be sent within 5 working days of the request. In the event of delays, the complaint will not be considered. Any complaints filed in a different way and/or with incomplete information will not be considered. In such a case, except for a situation of absolute necessity, no work should be performed on the Vehicle without prior authorisation from BCA, under penalty of closure of the claim. If necessary, BCA will appoint a third-party company to inspect the vehicle. The opinion of this third party will be considered binding on the parties. BCA doesn’t cover the costs of diagnostics. BCA reserves the right to ask the buyer, at his own expense, to obtain quotations for repairs exclusively from from the parent company, from an official dealer or from an authorized workshop, on headed paper, or to attach tests for activated engine lamp if this is found necessary. If the complaint is upheld, BCA may arrange the repair directly, at a service station of its choice or, upon receipt of a specific receipted invoice, reimburse the Buyer for the expenses incurred for repairs carried out on the Vehicle, applying to the above amount an excess equal to 400 EUR excl. VAT for mechanical defects and 400 EUR excl. VAT for body work damage. If, as a result of a complaint, BCA decides to cancel the sale and refund the price of the Vehicle, the reimbursement procedure, in the event that the Vehicle has already been collected by the Buyer, the payment will occur within 7 calendar days after the confirmation of the claim submission outcome to the Buyer -The Italian Buyer is obliged to return the documents in the name of BCA. -The EU and Extra Eu Buyers are obliged to return to BCA the deregistered documents, in order to proceed with the refund for cancellation of the sale. BCA doesn’t cover any costs related to exchange rate differences between EUR and other currencies. In case of needed return of the vehicle, BCA and the Buyer will coordinate and agree on the most efficient return of the vehicle. BCA will refund the 100% of the amount due when the Vehicle is returned to BCA, after BCA technicians have examined the condition of the Vehicle at the time of Delivery. If the Vehicle is damaged or, in any case, in a worse condition than it was at the time of delivery with the exclusion of the damages that are the subject of the claim, BCA will be entitled to withhold the Balance or part of it as compensation partial and/or total for damage that occurred after delivery to the Buyer. For the return of vehicles sold to the Buyer EU and Extra EU BCA will be reimbursed the cost of transport for the return of the vehicle and the buyer must send the documents as indicated in point Anyway, until the claim has been submitted and the decision reached, it is strongly advised for the Buyer not to proceed with any repair on the car as BCA will not cover the cost of repair if decision is then taken to cancel the sale and for BCA to return the car. The Invoice of repairs organized by buyer through car mechanic could be asked in case of financial compensation accepted by BCA. In the case that the documents are lost during the shipment between BCA and the Buyer and the courier/postal service confirm the loss, the Buyer has no responsibility and may decide whether he wishes to wait for the duplicate, if available, or cancel the sale. In the event that an EU or ExtraUE Buyer purchases a car published with comment in the lot NOT FOR EXPORT, cancellation is possible under the standard conditions referred to point and the Buyer pays as a penalty the invoice equal to the cost of transport to return the vehicle in Italy, if it occured. In the case that BCA publishes in auction that it holds the COC certificate of the vehicle, and the Buyer does not receive it - BCA will refund the cost of the COC upon receipt of the invoice by the Buyer. The Buyer must open a complaint within 24 hours of receiving the car documents. 13. Buyer's right of withdrawal It is only permitted to withdraw from the purchase of a Vehicle in the circumstances set out below, which are considered mandatory a The Seller not having the right to sell the Vehicle; b Transcripts or registrations in favour of third parties in the Public Automobile Register; c Proven tampering with the milometer, demonstrated by an official source such as, for example, the manufacturer, an official dealer or an authorised subsidiary service station, subject to a tolerance of 15%; d Discrepancy of the brand, model or configuration compared to the information provided by BCA, only if this is not directly visible and verifiable from the photographs published at the time of sale. e If a vehicle's chassis number does not correspond to the vehicle's registration certificates f If there is defective title, there are third-party rights to the purchased vehicle in violation of the Buyer's rights residual debt under a retention of title contract, an owner’s mortgage or chattel mortgage in the vehicle, or if the vehicle is stolen g Once per calendar year under specific conditions – see article h In case that customer bought car in condition RUNNER and during loading, BCA discovers that car is NON-RUNNER, Buyer will be informed about the condition of the car and can decide if prefers sales cancellation or repair/delivery of non-runner. i In case the car was proclaimed in the past as TOTAL DAMAGE – customer must provide the proof The proof should come from insurance of third party. j In case the year of first registration advertised in the auction is not in accordance with car documents, if we provide incorrect description about make and model or fuel/energy type k In case that Buyer proves the real mileage of the car differs than odometer reading provided in the auction for more than 2 000 km l In case that BCA does mistake in VAT taxation m In case that Buyer doesn’t want to cancel the purchase, the financial compensation shall be determined on the basis of mutual agreement between Buyer and BCA. Compensation must never exceed the purchase price of the vehicle 14. Payment Methods Payment for the purchased Vehicle must be made no later than 2 working days from receipt of the invoice. The Buyer is obliged to pay the purchase price, plus VAT if applicable, as well as fees, commission, any additional administrative costs transfer of ownership, transportation costs if the Buyer agrees to delivery with BCA's courier, and all other costs specified in the personally delivered and/or mailed invoices sent to the buyer at the address given to BCA. The Vehicles sold will be invoiced by BCA to the Buyer and will contain the Buyer's details as specified on the website and/or as communicated via recorded mail pursuant to article above. Failure to pay the amount due within the terms specified will result in automatic cancellation of the sale, subject to BCA's right to grant, at its sole discretion, a longer payment term. The defaulting Buyer will still be required to pay BCA the costs and expenses established in article above. If payment is not made on time for reasons independent of BCA, the Winning Bidder will be required to pay BCA the amount indicated on the invoice plus interest as required by law. The Winning Buyer must pay by bank transfer or another form accepted by BCA. 15. Deletion of Registered User Profiles In the event of failure to comply with these Terms and Conditions and/or unlawful conduct by the Registered User and/or Proxy, BCA reserves the right to suspend and/or delete, temporarily and/or permanently, the account of the Registered User concerned and the relevant Username and Password required to log in to the website. Payment must be made within 2 working days from the issue of the invoice by transfer from the bank account which is on buyer´s name. The Buyer´s account will be temporarily blocked if the full payment is not received by the 7th working day following the issue of the invoice. If the payment is still not received by the 10th working day, the sale will be cancelled and the Buyer's account will blocked permanently. The Buyer's account will remain blocked until all open debts cancellation and unblocking fees are paid in full. For any other invoice debt, for which BCA will claim the related payments for services unpaid, the Buyers account will be blocked if the Buyers account presents more than 300,00 EUR of payments overdue for a period greater than 30 calendar days. If the deleted User wishes to be readmitted to participate in the Auctions, subject to BCA's consent to readmission, the User concerned must re-register and pay 600,00 EUR as anunblocking fee. The payment of the fee does not automatically imply the unblocking of the account. As a rule, BCA will charge 600,00 EUR for unblocking. However, the reason of the initial blocking action will trigger the decision to unblock, entirely at the discretion of BCA typically, failing to adhere to BCA rules of Ethics and VAT compliance will automatically imply a permanent blocking of the account. In case of multiple debts in several BCA countries, unblocking fee is paid just once to the country with the highest debt. 16. Termination Clause BCA reserves the right to delete/cancel the Awards/Sales of the Vehicles at any time, with express waiver of the rights of the Winning Bidder/Buyer to any claim. 17. Collection of Vehicles Purchase Within the Buyer´s Country When a vehicle is bought within the same country as the country of the Buyer Example Italian Buyer buying in BCA ITALIA, the Buyer has the option to a Ask BCA to organise the transport recommended for peace of mind, b Contract a third-party professional Finished Vehicle Transport company, c Self-pick-up of the vehicle this option is only available for a running and non-damaged vehicle; any non-running or damaged vehicle must be picked up by professional 3rd party transporter with truck suitable for loading non-running vehicles winch. In case that truck is not suitable for loading, BCA doesn’t have any responsibility and will not cover any costs related to unsuccessful collection. -The vehicle collection by the Buyer or the Transport Company contracted by the Buyer requires a prior appointment with the pick-up location. Appointments must be taken with a 24h notice working hours, by contacting the pick-up location. Some pick-up locations may require more notice. - The Finished Vehicle Transport company contracted by the Buyer shall comply to all road safety regulations for transport of finished vehicles. For health and safety purposes, BCA will refuse the hand-over of the vehicle to any transport company not providing a compliant vehicle transport solution Car carrier truck. - The Buyer has to secure all EU VAT compliance requirements and related administrative paperwork Customer Declaration, CMR /DDT, proof of transport insurance issued by the third-party transport company or a Transport purchase invoice. -Any Finished Vehicle Transport company or person not having a BCA pick-up order, waybill CMR and the appropriate equipment for loading the Vehicle, will be denied access to the Vehicle. BCA may not be held liable for any damage whatsoever, howsoever caused, during pickup by the Buyer or the Transport company contracted by the Buyer. Every Vehicle purchased must be collected by the Buyer no later than 7 working days from receipt of the Pick-up Order, by appointment which must be made with the pick-up location 24 hours before collection, without prejudice to the provisions of article "transfer of risk". From the seventh working day, unless otherwise agreed between the Parties, the Winning Bidder will be charged the cost of parking as shown on the "Parking Fees" page on the website. After 15 days from the date of the Pick-Up Order, in if the Vehicle has not been collected by the Winning Bidder or their Proxy, BCA reserves the right to consider this situation as a cancellation triggered by the Buyer Conditions of section 15 apply. Without prejudice to the provisions in point above, BCA offers the Buyer an "Extra delivery service" for the Vehicle, which must be requested in writing by the interested party at [email protected] and agreed beforehand between the Parties. The price of the service offered by BCA depends on the delivery location for the Vehicle, and is therefore calculated based on distance. The price can be automatically calculated on the BCA website. The Buyer must pay all the fees for the service before delivery, unless otherwise agreed between the Parties. Any risk relating to transportation will be borne by the Buyer. BCA is exempt from any liability, even if the transportation is arranged by BCA. In the event of late delivery, BCA will not be held responsible and the Buyer may not demand a refund, as the times indicated in the auction phase are indicative. The Buyer must organise the transport of the vehicle only through a professional finished vehicle transport company. Purchase Outside of the Buyer´s Own Country in this case, when a car is bought from a country that is foreign to the buyer´s country, the buyer has the option to a Ask BCA to organize the transport; b Contract a third-party professional transport company. No self-pick-up of the vehicle is allowed when the purchase of the vehicle is taking place outside of the buyer´s own country. The Buyer must organise the transport of the vehicle only through a professional finished vehicle transport company. Regardless of whether the cross-border transport is organised by the buyer or the BCA, the carrier cannot be a related part of the Buyer of the vehicle. Regardless of cross-border transport being arranged by the buyer, or by BCA transport, the carrier cannot be a related party of the buyer of the goods. For this purpose, the two parties shall not be regarded as 'independent' where i they share the same legal personality; and if they comply with any of the criteria set out in Article 80 of the VAT Directive have 'family or other close personal ties, management, ownership, membership, financial or legal ties'. Legal ties may include the relationship between an employer and employee or the employee's family, or any other closely connected persons, as per points a and bii of Article 45a1 of the VAT Implementing Regulation. BCA reserves itself the right of not performing the transport whenever the buyer and carrier are related parties or, in a case-by-case basis, request additional elements to support the VAT exemption. BCA applies automatic transport to all vehicles except non-runners for all non-Italian companies based in the EU please check the countries list on the following webpage. The alternative delivery address must be within the country where the Buyer is registered. The Buyer is required to provide a complete alternative BCA delivery address form and proof of the rental or ownership of the property in which it requested delivery. BCA offers cross-border transport to all its buyers across Europe. By subscribing to this delivery service, European Buyers benefit the following - A cost efficient and timely delivery service across Europe; - Avoidance of VAT risk and exposure, avoidance of VAT Deposit and a reduction of the related compliance paperwork; - Avoidance of cost related to Parking Fees; - Reduction of vehicle pick-up related administration paperwork; - 24 hours window, following the vehicle delivery, to raise claims see article 12 A buyer not subscribing to cross-border automatic transport with BCA implies - The Buyer must organise the pick-up, transport and the delivery of the vehicle at its own risk; - The Buyer must organise the transport of the vehicle only through a professional finished vehicle transport company; - The vehicle collection by the Buyer or the Transport Company contracted by the Buyer requires a prior appointment with the pick-up location. Appointments must be taken with a 24h notice working hours, by contacting the pick-up location. Some pick-up locations may require more notice. - The finished vehicle transport company contracted by the Buyer shall comply to all road safety regulations for transport of finished vehicles. For health and safety purposes, BCA will refuse the hand-over of the vehicle to any transport company not providing a complying vehicle transport solution Car carrier truck; - The Buyer has to secure all EU VAT compliance requirements and related administrative paperwork Customer Declaration, CMR /DDT, proof of transport insurance issued by the third-party transport company or a Transport purchase invoice. Failing to comply to these terms in the given leadtime implies a direct risk on the refund of the VAT Deposit to the buyer by BCA complying with EU VAT regulations. The pick-up of the vehicle must be executed within 9 calendar days following the day of the Pick-Up Order. From the ninth working day, unless otherwise agreed between the Parties, the Winning Bidder will be charged the cost of parking as shown on the "Parking Fees" page on the website. After 15 days from the date of the Pick-Up Order, in if the Vehicle has not been collected by the Winning Bidder or their Proxy, BCA reserves the right to consider this situation as a cancellation triggered by the Buyer Conditions of section 15 apply. Different Delivery Address Within the same country of destination, if the Buyer delivery address is different from the standard registered address of the Buyer, the Buyer must complete the relevant document “Confirmation of Alternative Delivery Address”. By signing this document, the Buyer confirms and agrees - The Buyer has requested that all vehicles and related documents/accessories are to be delivered to the alternative address, being located in the confines of Buyer´s country of EU VAT registration; - The Buyer further agrees that the address provided is controlled or managed by the Buyer, or by an agent under instruction of the Buyer and is able to safely and securely take delivery of motor vehicles at this address; - The Buyer agrees to take full responsibility of all vehicles after delivery has been fulfilled to the specified receiving address. Regular claim conditions, according to terms & conditions of the Seller, still apply. CMR’s must be returned to BCA and validated under standard procedures along with completing and returning a receipt of delivery form where required; - Stamp and signature on all CMR´s must relate to the Buyer. 18. Special Disposition Electric Vehicles Process for EV vehicles subject to Battery Leasing Contracts along with the payment and as soon as the vehicle is purchased, the Buyer acknowledges the responsibility to take over the leasing agreement of the vehicle and undertake all necessary steps to formalize the transfer of ownership to his/her name. 19. Liability BCA will not assume any liability for any damage to a Registered User from the sales contract and/or the use of the BCA platform, nor for any damage direct or indirect, in particular for loss of profits, customers or revenue arising in any way from access and/or use of the website and/or use of its services by the Registered User. Should a liability of any kind be allocated to BCA, it will be liable only within the limits of the amount of the sums received and/or the sums it should have received for the services provided. 20. Force Majeure Force majeure circumstances are circumstances that could not have been reasonably foreseen by BCA or which are outside its control or which make it impossible or excessively burdensome for the BCA to meet its obligations. Should force majeure circumstances persist for more than three weeks, then BCA, the Seller, or the Buyer will have the authority to cancel the contract by sending a registered letter with acknowledgement of receipt, without entailing any obligation to compensate and/or any other obligation towards the Registered User, the Seller, and/or third parties. By way of example, the following are considered cases of force majeure strikes, diseases that affect more than 50% of staff, late delivery or non-delivery of the Vehicles from suppliers, transport disruptions, delays in completing documentation not directly attributable to BCA, embargoes or boycotts, severe weather conditions such as floods, persistent frosts, storms or hail and/or power cuts. 21. Applicable Law, Competent Court and Privacy All relations between BCA and Registered Users are governed solely by Italian law. Any disputes relating to the validity, interpretation, application and/or termination for any reason of these General Terms and Conditions will be settled exclusively by the Court of Milan, with the exclusion of any other court. By processing of personal data, according to art. 13 GDPR - Regulation EU 2016/679, after viewing the specific information available in extended version on the Website. The processing, storage and transmission of personal data is carried out in compliance with any precautionary measure, which guarantees their security and confidentiality, in accordance with the provisions of the GDPR, for the sole purpose of being able successfully to realize the obligations laid down by law, civil law and tax rules related to the economic activity of the company, including the management of payments resulting from the execution of contracts. The Buyer shall refrain from contacting the previous owner before BCA of the vehicle and/or accessories in order to obtain further information about the vehicle, for example, in the event of a complaint. This should be solely a matter between BCA and the Buyer in order to protect the privacy of the previous owners before BCA. 22. Tolerance / Invalidity of Terms The waiver or inaction in the application of any of the clauses of this contract cannot constitute a waiver in regard of those clauses, but will be considered mere tolerance. The invalidity of any of the clauses of this contract cannot affect the validity of the other clauses. 23. Taxes and Costs All taxes, fees and other charges that are due following the conclusion of a contract of sale, unless otherwise indicated, are borne by the Buyer. In the event of the sale of Vehicles to Buyers based outside Italy, additional and different contractual terms may apply, to be considered supplementary and/or derogate from these General Terms and Conditions. In any event, the Buyer is obliged to take responsibility for and bear the costs of any administrative procedures related to export. 24. Communications Unless otherwise specified, legal communications should be sent to the registered office of BCA as indicated on the website and to the email address [email protected] provided to users during the registration process. BCA will send any legal notices to the email address of the Registered User specified during the registration process. In accordance with articles 1341 and 1342 of the Italian Civil Code, the Registered User expressly declares to have read, understood and approved individually and specifically the following articles 2 Terms and Conditions of Use, BCA's right to refuse participation in Auctions to Registered Users, BCA's right to temporarily and/or permanently exclude Registered Users from Auctions, data to be provided when registering on the BCA website, BCA's right to refuse website registrations and/or block access and/or delete Registered Users, BCA information on date suspension by any means, encumbrance, irrevocability, immodificability, non-refundable tender bids, BCA’s right to accept telephone bids in physical auctions, acceptance of the right of BCA to receive fees referred to in the link, immodificability of the person awarded the physical auction, right of BCA to accept telephone bids in online auctions, encumbrance, irrevocability, immodificability and non-refundability of tenders. BCA’s right to auction the vehicle again, BCA’s right to close the auction early, immodificability of the of the person awarded in the online auction. Prohibition of private acts on the vehicle before the closing of the purchase. BCA’s right to exclude access to the offenders' website, 9 provisional award, transfer of risk following award, penalties for failure to fulfil obligations, exclusion of BCA’s liability for known-knowable defects, exclusion of liability of BCA and exclusion of right to reimbursement for damages not indicated in the Product Sheet and/or photographs and/or verifiable according to the procedures referred to in the Technical Specifications, No right to compensation for damage, including concealed, for vehicles more than ten years and/or more than 180,000 kilometers, or with price of sale less than 1500 EUR, No right to compensation for hidden parts o items subject to maintenance and small components suspension of the examination of complaints to BCA until the payment of sums due to BCA has been settled, modalities and time limits in the presentation of complaints modalities and time limits for the submission of complaints and/or denunciations of hidden defects and/or defects, constraint for the parts of any expert opinion requested by BCA to third parties, exemption in the event of complaints, methods of reimbursement, deductibles in case of acceptance of complaints, reimbursement procedures 13 termination of contract, consequences of non-payment of the Vehicle awarded at auction, 15 deletion of the profiles of the Registered User from the website and the modalities of his readmission, profile unlock penalty,16 withdrawal from the contract, faculty and obligations of the Buyer in case of pick-up of the Vehicles; parking charges, consequences of failure pick-up of Vehicles, extra delivery service, price of the extra delivery service, exclusion of liability of BCA in case of delay in delivery, faculty and obligations of the Buyer to carry out cross-border transport, parking fees, consequences of failure pick-up of Vehicles, assumption of responsibility of the Buyer in case of indication of a different delivery address, 18 takeover of lease of the battery of Electric Vehicles, 19 exclusion of liability of BCA for use of the platform, 20 force majeure, 21 applicable law and jurisdiction, 23 fees and costs. BCA SUPPLEMENTARY CAR AUCTION CONDITIONS, APPLICABLE TO BUYERS FROM EU COUNTRIES INTRA-COMMUNITY ACTIVITIES 1. BCA Italia with registered office in Via Emilia 143/A, Montanaso Lombardo LO, 26836, Italy, hereafter referred at as “BCA”, provides the opportunity for buyers from the automotive sector, located in EU countries, to participate in its auctions and to buy used cars, after registration at BCA website with explicit acceptance of the General Terms & Conditions and of these Supplementary Conditions, available on the BCA website. 2. Intra-communitarian purchases are VAT-free for Buyers from EU countries, except for vehicles qualified as “Margin”. Vehicles sold as “Margin” are subject to the European Community VAT Margin system, meaning that vehicles and services are considered as being “VAT inclusive”. 3. To take advantage of this benefit, BCA, for each purchase, will ask Buyers some documents in order to demonstrate to the Italian VAT Authorities that the vehicle has moved to another EU country and that this export has taken place within 1 month after the purchase. This benefit does not work for "Margin" vehicles; in any case, also for this type of vehicles, Buyers have to provide the right documentation to demonstrate the export within 1 month after the purchase. 4. BCA will send to the Buyer the invoice for the vehicle, together with the “VAT Deposit” agreement. Therefore, the Buyer will pay an invoice containing the price of the vehicle, commissions, fixed costs and taxes, if requested, and an additional amount, as a “VAT Deposit”, equal to 22% of the price of the purchased vehicle taxes included. He will also send to BCA, via e-mail or fax, a copy of the “VAT Deposit” agreement duly completed and signed by the legal representative of the buyer company. This last amount will be refunded after presentation of proof of intra-communitarian export, as regulated in paragraph 7. When BCA will arrange the transport for the buyer, no vat deposit is due; in any case BCA will release the car documents only after having received the CMR/MRN in original, instruction in paragraph 7. 5. BCA will send the "Pick-up order" to the Buyer only after getting the payment of all amounts stated in the invoice. The Buyer has to send to BCA the proof of payment within 48 hours after the closing of the sale. In case of failure or partial payment of the invoice, the vehicle will not be authorized. 6. Pick-up is permitted only from third party transport companies, and the legal representative of the buyer company has to send to BCA, after the payment and before the pick-up, copies of these documents - "Pick-up proxy" signed by the legal representative of the buyer company; - Passport or ID card of the driver engaged by the transport company. 7- "VAT Deposit" will be refunded to the Buyer only when BCA receive the Buyer Delivery Declaration, the transport invoice or the transport insurance and the copy of CMR international waybill, completed with all this information - Departure date in spaces 4 and 21; - Pick-up compound stamp and signature in space 22; - Transporter stamp and signature in space 23; - Arrival date, delivery compound stamp and signature in space 24. 8. If requested documents will not be sent to BCA within 1 month from the invoice date, the sale will be considered "local", the VAT will be applied and the "VAT Deposit" will not be refunded because used to pay the Italian VAT. This rule will be applied also for "Margin" vehicles. BCA SUPPLEMENTARY CAR AUCTION CONDITIONS, APPLICABLE TO BUYERS FROM COUNTRIES OUTSIDE THE EUROPEAN UNION EXPORT 1. BCA Italia with registered office in Via Emilia 143/A, Montanaso Lombardo LO, 26836, Italy, hereafter referred at as “BCA”, provides the opportunity for buyers from the automotive sector, located in countries outside the European Union EU, to participate in its auctions and to buy used cars, after registration at BCA website with explicit acceptance of the General Terms & Conditions and of these Supplementary Conditions, available on the BCA website. 2. Purchases are VAT-free for Buyers from countries outside the EU, except for vehicles qualified as “Margin”. Vehicles sold as “Margin” are subject to the European Community VAT Margin system, meaning that vehicles and services are considered as being “VAT inclusive”. 3. To take advantage of this benefit, BCA, for each purchase, will ask Buyers some documents in order to demonstrate to the Italian VAT Authorities that the vehicle has moved to a country outside the EU and that this export has taken place within 1 month after the purchase. This benefit does not work for "Margin" vehicles; in any case, also for this type of vehicles, Buyers have to provide the right documentation to demonstrate the export within 1 month after the purchase. 4. BCA will send to the Buyer the invoice for the vehicle, together with the “VAT Deposit” agreement. Therefore, the Buyer will pay an invoice containing the price of the vehicle, commissions, fixed costs and taxes, if requested, and an additional amount, as a “VAT Deposit”, equal to 22% of the price of the purchased vehicle taxes included. He will also send to BCA, via e-mail or fax, a copy of the “VAT Deposit” agreement duly completed and signed by the legal representative of the buyer company. This last amount will be refunded after presentation of proof of export, as regulated in paragraph 7. 5. BCA will send the "Pick-up order" to the Buyer only after getting the payment of all amounts stated in the invoice. The Buyer has to send to BCA the proof of payment within 48 hours after the closing of the sale. In case of failure or partial payment of the invoice, the vehicle will not be authorized. 6. Pick-up is permitted only from third party transport companies, and the legal representative of the buyer company has to send to BCA, after the payment and before the pick-up, copies of these documents - "Pick-up proxy" signed by the legal representative of the buyer company; - Passport or ID card of the driver engaged by the transport company. 7. "VAT Deposit" will be refunded to the Buyer only when BCA receive a copy of one of these documents that guarantee the export of the vehicle to a country outside the EU - Customs bill Italian or of another country - Invoice stamped by Customs - Documento di Accompagnamento Esportazione DAE or equivalent document for the other EU countries. The document sent to BCA must clearly state the MNR Movement Reference Number and the identifying elements of the vehicle to proceed to the export notification with "Stopped/Exported” status, available on the European Taxation and Custom Union website. 8. If requested documents will not be sent to BCA within 1 month from the invoice date, the sale will be considered "local", the VAT will be applied and the "VAT Deposit" will not be refunded because used to pay the Italian VAT. This rule will be applied also for "Margin" vehicles.

bca terms and conditions