Carwow Collects terms and conditions

THESE TERMS AND CONDITIONS FOR DEALERS (AS AMENDED FROM TIME TO TIME) (“COLLECTION SERVICES TERMS” this “AGREEMENT”) APPLY AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF THE VEHICLE COLLECTION SERVICES BOOKED BY DEALERS THROUGH CARWOW WHERE CARWOW INVOICES FOR THE COLLECTION. PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY BEFORE USING THE COLLECTION SERVICES.

1.1. The following definitions apply to these Collection Services Terms:

“Additional Fees”: means the fees payable by the Dealer in respect of the costs incurred by the Transport Company for fuel, tolls, recovery services, congestion charges, ferry charges, electric charge costs, ULEZ; LEZ; Clean Air Zone charges, Driver’s waiting time during the Transport Company’s performance of the Collection Services and such other reasonable charges are which are incurred as part of the Collection Services.

“Appraisal”: means a visual inspection pursuant to the Appraisal Checklist of the Vehicle carried out by the Driver on behalf of the Transport Company at the Collection Point in accordance with the Collection Services Terms;

“Appraisal Checklist”: means the following checklist which the Driver will use to carry out the Appraisal and which is subject to change on written notice from Carwow :

(a) taking photos of: registration plate, chassis number, make and model of the Vehicle;

(b) taking photos of, including:

(i) hood/bonnet - outer and inner;

(ii) under the bonnet (engine);

(iii) doors - open/close, full door, frame;

(iv) wings - off / nearside;

(v) tailgate;

(vi) front, offside, nearside;

(vii) body side panels;

(viii) vehicle corners;

(ix) tailgate /boot lid - open/close with parcel shelf visible;

(x) roof;

(xi) bumper (front and back); and

(xii) windscreen

(c) taking photos of:

(i) wheel side-on shot to visually assess the tyre tread, wear, and overall condition of each tyre, with the aim of identifying any signs of excessive wear or damage;

(ii) wheel arch areas; and

(iii) each alloy wheel / wheel trims

(d) taking photos of the interior including:

(i) burns and stains;

(ii) controls;

(iii) warning lights;

(iv) visible interior damage;

(v) burns, scratches, tears, dents or staining on the car’s interior padding (if any);

(vi) holes in the carpets, tearing and floor damages (if any);

(vii) damage to the interior fittings (seat belts, sun visors, door bins) (if any); and

(viii) ceiling damage (if any).

(e) noting gear selection (where Seller has refused to consent to a Test Drive):

(i) if the Vehicle has a manual transmission, the Driver will engage each gear, drive and reverse;

(ii) if the Vehicle has an automatic transmission, the Driver will drive and reverse;

(f) noting oil and water levels (actual levels, or a photo of the dashboard looking for faults with either of the two (to be recorded after the Test Drive, if conducted));

(g) noting if two sets of functional keys (or not);

(h) noting presence of service logbook of the vehicle (or not);

(i) noting presence of V5 documentation for the Vehicle names the Seller as its current registered keeper and matches the Seller’s proof of identity provided;

(j) sending additional information where appropriate in the Transport Company’s opinion in relation to any photo; and

(k) (provided the Seller has consented) conducting a test drive of the Vehicle, meaning a five minute drive of the Vehicle by the Driver to bring the Vehicle to operating temperature (“Test Drive”). During the Test Drive, the Driver shall attempt to observe any mechanical issues relating to the gearbox or clutch (including but not limited to detecting unusual noises, and observing operation and responses on the following aspects: Steering, Braking, Suspension, Acceleration, Gear Selection, Interior). Once the Vehicle reaches the aforementioned temperature, the Driver shall take a picture of the dashboard, specifically highlighting any engine management or warning lights present. This Test Drive must be done as the final step of the Appraisal Checklist, after all other information is logged in the Appraisal Report, and may only be conducted with the Seller’s consent. Communications sent prior to collection from Carwow and the Transport Company must inform the Seller (i) that he/she may refuse to consent to the Test Drive; and (ii) of the exclusions to the Transport Company’s liability in the event of damage as set out in clause 7.3 below. Where the Seller refuses to consent to the Test Drive, the Driver shall call the Dealer so that the Dealer can decide whether or not to proceed with the purchase of the Vehicle.

“Appraisal Report”: means the written report produced by the Driver during the Appraisal in accordance with the Appraisal Checklist.

“Carwow”: means Carwow Ltd, incorporated and registered in England and Wales with company number 07103079 whose registered office is at Carwow Ltd, 2nd Floor, 10 Bressenden Place, London, SW1E 5DH;

“Carwow website”: means a website at https://www.Carwow.co.uk which is owned and operated by Carwow.

“Collection Point”: means the address specified by the Seller for the collection of the Vehicle.

“Collection Services”: means the inspection, collection and transport services for Vehicles which are offered to the Dealer via Carwow Website, as more particularly described in these Collection Services Terms.

“Dealer” means the trade car dealer (whether online or with a physical branch), broker or leasing company using the Carwow Website.

“Dealer’s Address”: means the address specified by the Dealer for the delivery of the Vehicle.

“Dealer Terms”: means the Carwow terms and conditions for the purchase of vehicles on the Carwow site a copy of which can be found dealers.Carwow.co.uk/buyers-terms-and-conditions.

“Delivery Report”: means the written report produced by the Driver upon delivery of the Vehicle to the Dealer’s Address in accordance with the Appraisal Checklist.

“Driver”: means a driver appointed by the Transport Company to carry out the Collection Services in respect of the Vehicle.

“Fee”: means the fee payable by the Dealer to Carwow for the Collection Services.

“Seller” means a person who agrees to sell the Vehicle to the Dealer through the Carwow Website.

“Standard Driven Service”: means a collection service carried out by the Transport Company where the Vehicle is driven from the Collection Point to the Dealer's Address, excluding the Trade Plate Driven Service.

“Test Drive”: as defined in clause 1.1(k) above.

“Trade Plate Driven Service” means a collection service carried out by the Transport Company where the Vehicle is driven from the Collection Point to the Dealer’s Address on trade plates.

“Transport Company”: means the transport company providing the service.

“Transported Service” means a collection service carried out by the Transport Company where the Vehicle is delivered from the Collection Point to the Dealer’s Address on a truck or trailer.

“Vehicle” means any car, van, motorcycle or other vehicle which the Seller agrees to sell to the Dealer via the Carwow Website.

2.1 Subject to this clause 2, the Dealer will have the option to choose between the Standard Driven Service, the Trade Plate Driven Service or the Transported Service for which the applicable Fee will be charged.

2.2 The Collection Services are subject to the following eligibility criteria:

2.2.1 Standard Driven Service will be offered for a roadworthy Vehicle with up-to-date tax and a valid MOT certificate;

2.2.2 Trade Plate Driven Service will be offered for a roadworthy Vehicle without up-to-date tax;

2.2.3 Transported Service will be offered for a Vehicle which is valued over £100,000 or has no valid MOT certificate or if stipulated by the Transport Company; and

2.2.4 no Collection Services will be offered for a Vehicle valued over £150,000 as it will not be covered by the Transport Company’s insurance policy; and

2.3 The Collection Services will only be offered on the Great Britain mainland. Whilst a Dealer may request the Collection Service there is no guarantee that the Transport Service can be provided. Carwow will review all requests for the service and revert with a confirmation if the Transport Service is available.

3.1 The Fee for each booking of the Collection Services is determined on a case-by-case basis by reference to the rate card set out in Schedule 1 which may be changed by Carwow at its sole discretion (Carwow will provide details of any rate change from the Schedule 1 amounts before a Dealer purchases a new collection service so that Dealer may decide whether to accept any fee increase). Any Additional Fees will be charged to the Dealer on top of the Fee.

3.2 Carwow shall generate an invoice for the Fee and any Additional Fees. Payment is due seven (7) days from the date of the invoice. The Fee and, if applicable, any Additional Fees, are payable in addition to the fees which the Dealer is required to pay pursuant to the Dealer Terms. Successful payment to Carwow of Fees discharges a Dealer’s obligation to pay this fee to the Transport Company.

3.3 Additional Fees may be billed by Carwow in a separate invoice and Buyer’s Fees shall be invoiced separately.

4.1 The Dealer must notify the Transport Company as soon as possible if it wants to cancel its booking of the Collection Services.

4.2 If the Dealer notifies the Transport Company of a cancellation of the collection at least 48 hours before the scheduled time of the Collection Services, the Fee will not be charged. If cancelled later, the Dealer will continue to be under the obligation to pay the Fee in full. Changes to the collection time are permitted on more than 48 hours’ notice.

4.3 Subject to clause 4.2 above, the Fee will be charged to the Dealer if the Transport Company is unable to complete the Collection Services due to the circumstances outside of its control (for example, in the event of unsuccessful negotiation between the Seller and the Dealer whilst the Driver is at the Collection Point or if the Dealer discovers that the Vehicle does not meet its description on Carwow’s website or if the vehicle seller is not at the Collection Point).

4.4 The Appraisal will be scheduled by the Transport Company for one hour from arrival at the Collection Point, if additional time is required Additional Fees for waiting time shall be incurred.

4.5 The Transport Company will contact the Dealer using the contact information provided by the Dealer:

4.5.1 upon the Driver’s arrival at the Collection Point; and

4.5.2 upon completion of the Appraisal to provide a copy of the Appraisal Report and to initiate a payment process between the Dealer and the Seller.

4.6 The Dealer must be contactable during the time scheduled for the Appraisal:

4.6.1 to give their instructions to the Transport Company in respect of any issues that require the Dealer’s input;

4.6.2 to make payment or arrangement terms with the Seller.

4.7 If the Transport Company is unable to reach the Dealer to carry out the steps set out in clause 4.6 above despite repeated calls the Transport Company will notify Carwow accordingly.

4.8 Carwow reserves the right to charge the Dealer for the time during which the Driver is held at the Collection Point in excess of one hour at a rate of £25 (plus VAT) per hour. The rate shall apply to waiting time at the seller’s Address.

4.9 In the event that the Driver is required to wait for longer than 60 minutes at the Collection Point or if the Dealer is not contactable in accordance with clause 4.7 above, Carwow reserves the right:

4.9.1 to instruct the Transport Company to abort the Collection Services; and

4.9.2 to charge the Fee in full together with the Additional Fees (if any).

4.10 The Dealer agrees that in the event that payment has not been made to the Seller at the Collection Point that it shall pay the Seller the amount agreed as soon they authorise the Transport Company/Driver to move the Vehicle from the Collection Point.

5.1 During the Appraisal, the Driver will examine the Vehicle against the Appraisal Checklist and will note any identified damage and/or defect as per the Appraisal Checklist. The Transport Company is not responsible nor liable for matters outside of the Appraisal Checklist, save as specifically noted below. The Driver is not required to verbally detail the contents of the Appraisal or highlight damage set out in the Appraisal Report. The Dealer must review the Appraisal Report.

5.2 Subject to clauses 5.3 to 5.9 below, the Transport Company will be responsible for any inaccuracy or mistake in the Appraisal Report and shall indemnify the Dealer for all costs, claims and damages such inaccuracy or mistake has caused (subject to the exclusions herein).

5.3 If the Driver is unable to carry out a comprehensive visual examination of the Vehicle’s exterior due to:

5.3.1 adverse weather conditions;

5.3.2 inadequate light; or

5.3.3 the Vehicle not being in a reasonably clean condition,

the Transport Company shall have no liability for any inaccurate assessment of the Vehicle’s in the event that the Transport Company notifies the Dealer that it is unable to carry out a comprehensive visual examination of the Vehicle in accordance with this clause 5.3. Fees and Additional Fees are still payable in such circumstances.

5.4 No party should use the Appraisal Report to determine the value of the Vehicle or to estimate potential repair costs in respect of the Vehicle (and the Transport Company shall have no liability in respect of such use of the Appraisal Report). In particular, the Transport Company will not be responsible nor liable for the mechanical condition or engine condition of the Vehicle, except as set out in clause 7. Drivers merely note cosmetic items on the Appraisal Checklist or by photographing. The Appraisal is not comprehensive nor is a BVRLA report. The Driver can rely on the accuracy of the Vehicle’s warning lights and, if relevant, multi-function display and will take a photo of the Vehicle’s dashboard and, if relevant, multi-function display at the end of the Appraisal. The Appraisal Report cannot identify if a Vehicle was previously a write-off, a taxi or has had modifications, this is a matter between the Seller and the Dealer (and the Transport Company is not liable). Whilst Drivers shall endeavour to photo or note damage there may be instances where minor fair wear and tear damage are not noted or photographed and the Transport Company shall not be liable for such matters.

5.5 The Transport Company will share to the extent possible the information shown on the Vehicle’s dashboard and, if applicable, multi-function display with the Dealer before the Dealer makes a payment to the Seller for the purchase of the Vehicle. If the Dealer does not view or request this information the Transport Company will not be liable for any matters related to this.

5.6 The Transport Company will be responsible for a failure to notify the Dealer of an engine light illuminated during the Appraisal. Without prejudice to Schedule 2 regarding the Carwow Assured Scheme offered by Carwow, if applicable to the Dealer, neither Transport Company nor Carwow will have responsibility to the Dealer if an engine light appears on the dashboard once the Driver has left the Collection Point following completion of the Appraisal, in which case the Dealer will be liable for any additional movement costs.

5.7 Without prejudice to Schedule 2 regarding the Carwow Assured Scheme offered by Carwow, if applicable to the Dealer, neither Carwow nor the Transport Company shall have liability for matters detailed in the Appraisal Report and/or photos provided to the Dealer (save where there is an inaccuracy). It is the Dealer’s responsibility to review the Appraisal Report and photos so they can assess the Vehicle prior to the Driver leaving the Collection Point. If a photo or description is unclear it is the Dealer’s responsibility to request that the Driver provide further information.

5.8 Upon completion of the Appraisal the Transport Company will email (or send in another agreed method) the Appraisal Report and any photos to the Dealers. The Transport Company will not be authorised to negotiate any changes to the purchase price agreed between the Dealer and the Seller. The Driver should only leave the Collection Point without completing the Collection Services upon receipt of instructions from the Dealer or Carwow.

5.9 Where a Test Drive is consented to, upon completing the Test Drive the Driver shall submit the Appraisal Report and call the Dealer to inform the Dealer of the results of the Test Drive, including but not limited to (where applicable) feedback on any concerns or issues that arose during the Test Drive. The Driver shall not leave the collection site until the Dealer confirms they wish to proceed with the purchase of the Vehicle.

6.1 The Transport Company will endeavour to deliver the Vehicle to the Dealer’s Address at the agreed time. If the Driver believes that they will not be able to arrive at the Dealer’s Address within one hour of the agreed time (for example, due to heavy traffic), they will endeavour to notify the Dealer as soon as possible and to provide regular updates thereafter if safe to do so. The Transport Company cannot accept responsibility for delays in delivery however caused.

6.2 If the Vehicle breaks down whilst it is in transit between the Collection Point and the Dealer’s Address, the Driver will find a safe and appropriate place to stop (for example, at the next motorway service station). Without prejudice to Schedule 2 regarding the Carwow Assured Scheme offered by Carwow, if applicable to the Dealer, neither Carwow nor the Transport Company can be responsible for any mechanical defect encountered whilst in transit unless due to Driver negligence. In the event of a breakdown the Transport Company shall contact the Dealer to arrange and agree terms for the recovery of the Vehicle. In the event that the Transport Company cannot get hold of the Dealer or recovery terms cannot be agreed the Transport Company shall (as soon as possible, but when safe to do so) email the location of the Vehicle to the Dealer who will arrange recovery themselves. The Dealer shall be liable for the reasonable cost of a Driver returning to a UK address in the event that a vehicle breaks down in transit.

6.3 Following delivery of the Vehicle to the Dealer’s Address, the Dealer is advised to inspect the condition of the Vehicle to determine the accuracy of the Appraisal Report. The Dealer must ensure that its representative is present at the Dealer’s Address on the day of delivery to inspect the Vehicle against the condition specified in the Appraisal Report. Waiting time will incur Additional Fees.

6.4 The Dealer must sign the Delivery Report pursuant to which the Dealer will confirm the delivery and condition of the Vehicle.

6.5 Subject to clause 7 below, upon signing the Delivery Report, the Dealer agrees that the Transport Company will be discharged from all liability whatsoever in respect of the Vehicle, its condition (including its cosmetic, mechanical or electrical condition or roadworthiness) and any future damage.

6.6 Without prejudice to Schedule 2 regarding the Carwow Assured Scheme, if applicable to the Dealer, Carwow makes no warranty, representation, endorsement or recommendation in respect of any of the Appraisal Report, Delivery Report, Transport Company or any Vehicle and such matters are excluded to the extent permitted by law. Carwow shall not be liable for any costs, claims, losses, expenses, liabilities or damages incurred by the Dealer or any third party for the Appraisal Report, Delivery Report, Transport Company and/or the Vehicle itself. Save as set out in this Agreement neither Carwow or any Transport Company provides any express or implied warranties or conditions. Any implied representations, warranties or conditions are fully disclaimed.

Damage

7.1 If the Dealer finds damage to the Vehicle which they believe was caused by the Transport Company and which was not apparent in the Appraisal Report or the Delivery Report because the reports were inaccurate or a mistake was made, or damage took place in transit the Dealer must, within 3 business days of the delivery of the Vehicle, raise a claim directly with the Transport Company and provide the Transport Company with photographic evidence of the damage. The Transport Company must notify the Dealer of any damage caused by its Driver.

7.2 If it is established that the damage to the Vehicle was caused by the Transport Company or caused whilst in the Transport Company’s custody and control, the Transport Company will be responsible for payment of the reasonable repair costs (and promptly indemnify the Dealer or Seller (as applicable) for such costs and expenses), provided that the Transport Company is given an opportunity to investigate a claim made by the Dealer or Seller (as applicable) in respect of the damage and provided with a repair estimate. The Transport Company shall have the right to arrange a Vehicle repair themselves if in their reasonable opinion the repair cost proposed by the Dealer or Seller (as applicable) is excessive (once the time period for the repair shall be comparable). The Transport Company shall not be liable for indirect or consequential losses, loss of profit, but including all penalties and reasonable legal or professional costs and expenses connected to such vehicle damage.

7.3 Note that a Transport Provider may not have insurance cover for punctures, glass damage or damage from road debris. This is deemed to be no fault of the Transport Company as the damage would occur whoever was in charge of the vehicle and the Transport Company shall not be liable for such matters which are at the Dealer’s or Seller’s (as applicable) risk. The Transport Company shall not accept liability for:

7.3.1 any incidental damage to windscreens or tyres, including, without limitation, stone chips, other stone damage and tyre failure.

7.3.2 missing loose items unless there is evidence the loose item was in or on the vehicle on collection and conclusive evidence it was not in or on the vehicle at the point of drop off, including but not limited to locking wheel nuts, charging cables and SD cards (in which case the Transport Company shall indemnify the Dealer or Seller (as applicable) for such loss).

7.4 If a driving offence is caused by the Driver whilst the Vehicle is in transit from the Collection Point to the Dealer’s Address (“Offence”), the Transport Company will, subject to clauses 7.5 to 7.7 (inclusive) below, be responsible for payment of any fines in respect of the Offence.

7.5 Upon receipt of the notice of intended prosecution for the Offence, the registered keeper must:

7.5.1 comply with their legal obligations under applicable laws; and

7.5.2 correctly complete the notice of intended prosecution within the period of time required by applicable laws which must include confirmation that the registered keeper was not driving the Vehicle when the Offence took place.

7.6 If the original fine for the Offence is increased as a result of the registered keeper’s failure to comply with their obligations under clause 7.5 above, the Transport Company’s liability will be limited to the amount of the original fine for the Offence.

7.7 The Transport Company will have no liability in respect of the registered keeper’s own obligations under the applicable laws.

7.8 The Transport Company shall be liable for third party damage caused by its Drivers in the performance of the Transport Service and shall have appropriate insurance in place.

8.1 The Collection Services will be carried out by a Transport Company in accordance with these Collection Services Terms.

8.2 Each Transport Company maintains its own insurance policy which can be provided to the Dealer upon request.

8.4 If the Dealer adds the Collection Services to the purchase of the Vehicle, they must book the Collection Services through Carwow only. If the Dealer bypasses Carwow and arranges transport of the Vehicle directly with one of the Transport Companies listed above, Carwow may charge the Dealer for the full amount of the Fee. No Dealer is required to use the Collection Services and may arrange transportation themselves.

9.1 Except as expressly set out in Schedule 2 to these Collection Services Terms, Carwow shall not be liable to the Dealer (in contract or tort) for the provision of the Collection Services. Dealer acknowledges and agrees that for any claim arising out of, relating to, or in connection with the performance of the Collection Services, in all circumstances, its recourse shall be to the Transport Company. Without prejudice to the Carwow Assured Scheme and the Limit of Liability provided under the Carwow Assured Scheme set out in Schedule 2, where applicable, nothing shall limit Carwow’s liability for loss or damage arising directly from Carwow’s service for booking, arranging and taking payment for the Collection Services with a Transport Company, provided that Carwow’s maximum liability is limited to the total amount paid to Carwow in respect for that specific booking. In no event shall the Transport Company be liable under this Agreement in contract or tort to any Dealer or any third party for any loss of anticipated profits of future business, damage to reputation or goodwill, incidental, special exemplary, punitive or enhanced damages, loss of anticipated savings, loss of any contract; and/or any other special, indirect or consequential loss of any kind.

9.2 Except as expressly set out in Schedule 2 to the Collection Service Terms, Carwow or its representatives shall not be liable under this Agreement to any Dealer or any third party for any loss of anticipated profits of future business, damage to reputation or goodwill, damages, costs or expenses payable by you to any third party, incidental, special exemplary, punitive or enhanced damages, loss of anticipated savings, loss of any contract; and/or any other special, indirect or consequential loss of any kind.

9.3 These exclusions and any others set out in this Agreement apply to the fullest extent permitted by law, save that there is no exclusion or limit to liability for: death or personal injury caused by negligence, fraud or fraudulent misrepresentation in connection with or under this Agreement, or for any other liability which cannot legally be limited.

9.4 You acknowledge that you will not be entitled to assign, transfer, delegate or sub-contract any of your rights or obligations under this Agreement. We may assign, transfer, delegate or sub-contract any of our rights or obligations under this Agreement to any subsidiary, holding company or subsidiary of any subsidiary or holding company at any time.

9.5 You warrant and agree that you have not been induced to enter into this Agreement by any prior representations whether oral or in writing except those specifically contained within this Agreement and you agree to waive any claim for breach of any such representation which is not so specifically identified herein.

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

9.7 If at any time any provision of this Agreement is found by a court or competent authority to be void or unenforceable for whatever reason, such provision, or part thereof, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement shall continue in full force and effect.

9.8 This Agreement, including Schedules 1 and 2 and the Appendix, where applicable, supersedes all prior agreements, arrangements and understandings between us and constitutes the entire Agreement between us relating to the Collection Services. For the avoidance of doubt separate terms and conditions apply to the use of our websites by dealers, brokers and other partners who wish to buy, sell or lease vehicles to Carwow customers and members of the public and such terms apply to the use of those services.

9.9 Notices that are required to be given under this Agreement must be made in writing, and sent to the address of the recipient set out in this Agreement or by email to the email address customarily used by you (for Carwow to legal@Carwow.co.uk). Any such notice may be delivered personally or by first class pre-paid letter and will be deemed to be served if by hand on delivery, or if by first class post 48 hours after posting.

9.10 Headings referred to in this Agreement are for ease of reference only, and shall not affect the interpretation or construction of this Agreement in any way. A reference to a clause is a reference to a clause in this Agreement unless otherwise stated. A reference to a paragraph is a reference to a paragraph in the Schedules, unless otherwise stated.

9.11 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

9.12 This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement (save in respect Transport Companies and the right of the Seller to claim directly from the Transport Company under clauses 7.2 and 7.3).

9.10 This Agreement will be governed by and construed in accordance with the laws in England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
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Note that mileage is determined by the route taken by the driver, in the event of a diversion the route may be longer than estimated.

For the purposes of this Schedule, the following definitions apply to these Collection Services Terms:

“Act of Terrorism”: means an act including, but not limited to, the use of force or violence and / or the threat thereof of any person or group(s) of persons (whether acting alone or on behalf of or in connection with any organisation(s) or government(s)) committed for political, religious, ideological or similar purposes. This definition shall include acts performed with the intention to influence any government and / or to put the public or any section of the public in fear;

"Authorised Repairer": means an authorised repairer in the UK approved by Carwow Administrator who undertakes repairs under the Carwow Assured Scheme;

"Authorised Repairs": means work completed by an Authorised Repairer under the terms of the Carwow Assured Scheme;

“Carwow Administrator”: means Mechanical Breakdown & General Insurance Services Limited (“MB&G”) of Cobalt Business Exchange, Cobalt Park Way, Wallsend, NE28 9NZ, Company number: 01478159.

“Carwow Assured Scheme”: means the scheme described in this Schedule 2 whereby Carwow may reimburse Dealers, at its discretion, for valid Requests, in relation to Eligible Vehicles;

“Eligibility Period”: means the period in which a Request must be made in order to be valid, in accordance with paragraph 4.2 and as determined in accordance with the Appendix.

“Eligible Vehicles” are defined as Vehicles purchased using the Carwow Service which -

a) are under 10 years old with less than 100,000 miles from date of first registration;

b) have a valid V5 and MOT;

c) have had a Vehicle inspection carried out in accordance with the Appraisal Checklist by the Transport Company and the Appraisal has been approved by the Dealer ;

d) have had a HPI check carried out by Carwow and come back clear (excluding finance where this is known to the Dealer);

e) have had a Motorcheck check carried out by Carwow;

f) are not a high performance Vehicles (including but not limited to Ferrari, Aston Martin, Kit Cars, etc.); and

g) are not non-UK spec imports (meaning cars that were (when new) sold/purchased outside the UK market and that are not UK- specification cars).

“Limit of Liability”: means the maximum limit of £25,000 (twenty five thousand pounds) including VAT in aggregate for all Requests per Eligible Vehicle, provided under the Carwow Assured Scheme.

“Request”: means a request by a Dealer under the Carwow Assured Scheme in respect of an Eligible Vehicle;

“Territory”: means the United Kingdom.

Unless the context otherwise requires, capitalised terms, where used in this Schedule shall have the meanings given to them in the Collection Service Terms and/or Dealer Terms, as applicable.

2.1. Where the Dealer uses the Collection Services and purchases an Eligible Vehicle, at the end of the working day on which the Eligible Vehicle is delivered to the Dealer by the Transport Company, the Carwow Assured Scheme shall automatically apply in relation to that Eligible Vehicle.

2.2. In order for a Vehicle to benefit under the Carwow Assured Scheme:

2.2.1. the Vehicle must be an Eligible Vehicle;

2.2.2. the Carwow Service and the Collection Service must be used; and

2.2.3. the Dealer must be up to date in relation to all payments due and payable to Carwow.

2.3. Where a Dealer purchases an Eligible Vehicle and uses the Collection Services,Carwow may, subject to the terms, conditions, limitations and exclusions set out in this Schedule 2, reimburse the Dealer up to the Limit of Liability for costs and/or losses arising from the circumstances set out in the Appendix relating to the relevant Eligible Vehicle to the extent such costs and/or losses are covered under the Carwow Assured Scheme, provided that:

2.3.1. the Eligible Vehicle was purchased via the Carwow Website by the Dealer within the Territory;

2.3.2. any valid Request is notified by the Dealer to the Carwow Administrator in accordance with paragraph 4 of this Schedule prior to any repairs being carried out; and

2.3.3. any Authorised Repairs are carried out:

2.3.3.1. by an Authorised Repairer; and

2.3.3.2.with the prior written approval (email will suffice) of the Carwow Administrator.

2.4. The Dealer may only submit a Request under the Carwow Assured Scheme in relation to the costs and losses set out in the Appendix to this Schedule 2.

2.5. The Carwow Administrator shall administer the Carwow Assured Scheme on Carwow's behalf.

2.6. The Carwow Assured Scheme is not intended to be, and is not, insurance and falls outside the scope of insurance regulation. Any Requests paid or refused under the Carwow Assured Scheme are at the discretion of Carwow. There is no legal or contractual obligation to pay for any repair.

3.1. In the event of any mechanical or electrical failure(s) or financial loss(es) that are specifically included in the Appendix to this Schedule 2 in relation to an Eligible Vehicle, the Dealer shall be entitled to make a Request under the Carwow Assured Scheme.

3.2. To be valid, a Request must be made to the Carwow Administrator within the applicable Eligibility Period. Requests must be communicated to Carwow Administrator either:

3.2.1. Via email to: Carwowclaims@mbginsurance.com; or

3.2.2. Via telephone to: 01912588168.

3.3. Any Request for costs arising out of repairs to an Eligible Vehicle may only be in relation to Authorised Repairs carried out by an Authorised Repairer.

3.4. Carwow has appointed the Carwow Administrator to review, investigate and adjust each Request in accordance with the terms, conditions, limitations and exclusions of this Carwow Assured Scheme and Carwow’s instructions.

3.5. The Dealer shall, on request, provide such information, assistance, signed statements or depositions as the Carwow Administrator, Carwow or their appointed representatives may reasonably require to conduct an investigation into any Request.

3.6. In the event that a valid Request is approved by the Carwow Administrator, Carwow shall procure that the Carwow Administrator shall pay all amounts relating to such Request that are payable under the Carwow Assured Scheme in accordance with the terms of this Schedule to the Dealer within 30 days of such approval being granted.

3.7. If any Request under the Carwow Assured Scheme is in any respect fraudulent, Carwow and/or the Carwow Administrator on behalf of Carwow shall be entitled to:

3.7.1. refuse to reimburse the Dealer under the Request;

3.7.2. recover any sums paid by the Carwow Administrator to the Dealer in respect of the fraudulent Request from the Dealer; and

3.7.3. exclude the Dealer from the Carwow Assured Scheme, which shall be effective from the date of the fraud, and to refuse any other existing Requests or future Requests regarding Eligible Vehicles currently under the Carwow Assured Scheme.

Carwow shall not approve a Request and reimburse the Dealer or make any payment to the Dealer under the Carwow Assured Scheme in relation to any liability, loss, claim, costs, fees or expenses to the extent arising out of, caused by or resulting from any of the following:

4.1. any fraud, negligence, error or omission by the Dealer or any of its directors, officers, employees, professional advisers, agents or servants appointed in connection with this Carwow Assured Scheme, the Collection Service Terms or the Dealer Terms;

4.2. any of the following issues:

4.2.1. virus, programme or code which prevents or impairs any computer or other electronic equipment or system from functioning accurately and efficiently;

4.2.2. defect or defective workmanship in the installation, repair or maintenance of any computer or other electronic equipment or system or computer hardware or software;

4.2.3. failure by a computer or other electronic equipment or system to recognise or respond correctly and effectively to any particular date or period of time; or

4.2.4.loss of or damage to information or data contained in or stored on the equipment;

4.3. any:

4.3.1. damage which is the responsibility of the Transport Company as set out in clause 7 of the Collection Service Terms;

4.3.2. liability that is not included in the Carwow Assured Scheme in accordance with this Schedule;

4.3.3. loss or damage outside the terms of the Carwow Assured Scheme;

4.3.4.loss or damage arising from an accident occurring after collection in accordance with the Collection Service Terms;

4.3.5.loss or damage which is insured under a policy of insurance;

4.3.6.mis-selling or any incorrect statement or promotion of the Carwow Assured Scheme by Carwow's agents (for the avoidance of doubt, such promotions or statements shall not form part of these Collection Service Terms, and the Dealer should not rely upon them);

4.3.7. car hire or recovery costs; and

4.3.8.with the exception of any loss specifically outlined in section 2 of the Appendix, consequential loss, including financial loss, the cost of business interruption or loss of earnings arising out of the loss of use of the Eligible Vehicle or the loss of information contained in or stored on the Eligible Vehicle, any time and the cost involved in reinstating such information and any liability to any third party for delay or non-performance of any contract with the third party.

4.4. any:

4.4.1. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste or nuclear material from the combustion of nuclear fuel; and

4.4.2.radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

4.5. any:

4.5.1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power;

4.5.2.strike, riot, civil commotion or labour disturbance;

4.5.3.Act of Terrorism; and

4.5.4.action taken in controlling, preventing, suppressing or in any way relating to clauses 4.5.1 and / or 4.5.2 and / or 4.5.3 above.

4.6. Any errors or omissions of the Dealer or its agents (including intentional, wilful disregard of any statutory provisions, regulations or regulatory guidance).

5.1. Carwow may exclude the Dealer from the Carwow Assured Scheme and refuse to approve any existing Requests or future Requests regarding Eligible Vehicles currently under the Carwow Assured Scheme if:

5.1.1. the Dealer breaches a term of this Schedule, the Collection Service Terms, the Dealer Terms or any other terms entered into with Carwow (and as updated from time to time), and, where the breach is capable of remedy, fails to remedy the breach within 10 working days of receiving written notice from Carwow giving details of the breach and requiring it to be remedied by the Dealer;

5.1.2. the Dealer becomes insolvent or unable to pay its debts within the meaning of Section 123 or 268 of the Insolvency Act 1986, or upon the commencement of winding up, receivership, administrative receivership or administration or any similar event in relation to the Dealer, or if the Dealer ceases or threatens to cease carrying on business;

5.1.3. the Dealer fails to pay any Fee to Carwow in accordance with clause 3 of these Collection Service Terms; and

5.1.4. any Request from the Dealer under this Carwow Assured Scheme is found to be fraudulent on the part of the Dealer, or arises from concealment or deliberate misstatement by the Dealer, or if any fraudulent means are used by the Dealer. In such event, the Dealer shall be excluded from the Carwow Assured Scheme from the time of the fraudulent act and Carwow (or Carwow Administrator on its behalf) will be entitled to recover from the Dealer any monies paid as a result of any such fraudulent activity. Carwow (or Carwow Administrator on its behalf) may also inform the police. Carwow will not pay for any loss which occurs after the time of such a fraudulent act and may not return any Fee already paid.

5.2. Carwow may elect to alter the terms of, or discontinue, the Carwow Assured Scheme or to exclude a Dealer from the Carwow Assured Scheme at any time and with immediate effect on written notice to the Dealer. Any existing Eligible Vehicles already protected by the Carwow Assured Scheme and Requests shall be unaffected by such variation or discontinuation or exclusion, unless required for legal or regulatory reasons.

5.3. In the event of the exclusion of a Dealer from the Carwow Assured Scheme or the discontinuation of the Carwow Assured Scheme by Carwow, the duties and obligations of Carwow, Carwow Administrator and the Dealer shall remain in force for 90 days or until all outstanding matters relating to this Carwow Assured Scheme are resolved, at Carwow’s discretion, whichever happens first.

6.1. If the Dealer is unhappy with the Administrator's decision in relation to its Request, Carwow has an internal complaint-handling system which the Dealer may use by submitting our complaints form.

6.2. Nothing in this paragraph 6 shall prevent either party from seeking injunctive relief or from otherwise bringing a claim against another party in relation to the Carwow Assured Scheme, nor prevent the parties from pursuing methods of alternative dispute resolution.

Under the Carwow Assured Scheme, Carwow may, at its discretion, approve Requests for -

1. the cost of Authorised Repairs carried out in accordance with Schedule 2 for certain mechanical or electrical failure(s) (as detailed below) up to the Limit of Liability, such Request made within the first 14 days of the Eligible Vehicle being purchased and collected. For the avoidance of doubt, where an Eligible Vehicle is beyond repair, the Carwow may approve Requests for the cost of the value of the Eligible Vehicle (being the price the Dealer paid the Seller for the Eligible Vehicle), placing the Dealer in the same position prior to purchasing the Eligible Vehicle.

Under the Carwow Assured Scheme, Dealers may submit a Request in the event of the mechanical breakdown of the following components, provided that the terms and conditions of Schedule 2 are fully complied with:

• Engine - Cylinder Block, crankshaft, crank bearings, big end bearings, oil pump, con-rods, gudgeon pins, small end bearings, pistons, piston rings, cylinder bores, cylinder head (excluding cracks), rocker shaft, rockers, hydraulic lifters, camshaft and cam followers, push rods, camshaft bearings, inlet and exhaust valves, valve springs, valve guides, cylinder head gasket, inlet manifold, turbo, timing gears, timing chains, flywheel and starter ring gear. (Excluding sticking valves, Oil leaks).

• Timing Belts - Timing belts are covered providing that the last due change of belt has taken place as specified. Damage subsequently caused if the timing belt has not been changed as specified by manufacturer is specifically excluded.

• Cooling – Radiator, thermostat, thermostat housing, water pump, viscous fan coupling.

• Air Conditioning / Climate Control: Factory fitted air conditioning systems are covered. Excludes pipes, unions, wiring & receiver drier.

• Fuel System - Fuel injection pump, lift pump.

• Transmission – Transfer Box. The following internal mechanical components are covered: Transfer gears, selectors, shafts, transfer shafts, needle and roller bearings, output shafts and bushes. (Excluding Oil leaks).

• Driveline - Drive shafts, half shafts and bearings, propshaft, constant velocity joints, universal joints and couplings. Rear wheel drive half shafts, (Excluding: Gaiters and viscous couplings, oil leaks).

• 4x4 Differential - Planetary gear assembly, crown wheel and pinion assembly. Internal shafts, bearings and bushes, thrust washers, spacers, bevel gears. Includes front, rear and centre differential on 4x4 vehicles. (Excluding: Viscous couplings and fluid differentials, oil leaks).

• Manual Gearbox - The following internal mechanical components are covered: Gears and gear clusters, selectors and shafts, synchromesh assemblies, bushes, ball and roller bearings, needle bearings and transfer gears. (Excluding Oil leaks).

• Automatic Gearbox - The following internal mechanical components are covered: Governor, valve block, oil pump, gears, brake bands, servos, clutches, , shafts, bearings and bushes, modulator valve and transfer gears.

• Continuously Variable Transmission (CVT/CTX): All internal mechanical components . (Excluding Oil leaks).

• Entertainment System – The factory fitted entertainment system within the vehicle (Damage to screens are excluded)

• Torque Converter - All internal mechanical components .

• Wheel Bearings - Front and rear wheel bearings including hubs.

• Propshaft - Propshaft, universal joints and couplings, bearings, including front and rear transfer shafts 4x4 vehicles.

• Suspension and Steering - Coil springs, steering rack and pinion, power steering rack, steering box, power steering box and idler box. (Excluding: Gaiters, oil leaks, tracking and balancing).

• Braking - Brake master cylinder, wheel cylinders, brake bias/restrictor valve. (Excluding: Corroded or seized components).

• Electrical - Alternator, starter motor, flasher relay, front and rear windscreen wiper motors, glow plug relay, washer motor and ignition coil.

• Casings - Consequential damage to casings caused by the failure of a covered component will constitute part of the total claim.

Carwow may reimburse the Dealer under an approved Request for a labour rate for Authorised Repairs up to £80 per hour excluding VAT.

Under the Carwow Assured Scheme, the Dealer may not submit a Request in the event of the mechanical breakdown of the following components:

• All bodywork and trim, glass, wheels and tyres, hinges, brake facings, callipers. seat belts, sunroof panels, fuel tank.

• HT Leads, spark plugs, filters, wiper blades, lights and bulbs, auxiliary belts.

• Damage caused by the failure of the timing belt if it has not been changed in accordance with the manufacturer’s recommendations.

• Air bags, wiring looms, glow plugs, battery.

• Mountings, pipes and hoses, water ingress, cables, brackets, bolts and fixings, exhaust system, exhaust manifold.

• Worn or leaking seals and cylinders, block liners, LPG Conversions, and any component which has failed as a result of correct oil or fluid levels not being maintained.

• Any component which fails due to wear and tear, corrosion, seizure or presents an intermittent fault.

• External oil Leaks are specifically excluded.

• All wiring and connections

2. financial losses up to the Limit of Liability, such Request made within the first 90 days of the Eligible Vehicle passing the Appraisal, if:

(i) it is found that the Eligible Vehicle has been stolen, cloned, clocked, chipped and/or imported prior to the purchase by the Dealer using the Carwow Service;

(ii) a financial loss can be demonstrated by the Dealer; and

(iii) the Dealer has used reasonable efforts to mitigate such loss.