CAREXAMER TERMS & CONDITIONS
1. THESE TERMS & CONDITIONS
1.1 Who is CarExamer? CarExamer is an online platform that links independent vehicle inspectors with customers looking to have a used-vehicle pre-purchase vehicle inspection carried out. CarExamer does not provide vehicle inspections – we help to connect customers and inspectors. You buy a vehicle inspection from the inspector who accepts your booking – not from CarExamer.
1.2 What these terms cover. These terms and conditions apply to your use of the CarExamer platform (“Platform”) and any services supplied to you that are booked through the Platform. By using the Platform and/or making an online booking through the Platform (or having someone else make a booking through the Platform on your behalf) you agree to this terms and conditions.
1.3 Why you should read them. Please read these terms and conditions carefully before you submit your online booking to us. These terms and conditions tell you who we are; how services are supplied to you; how you and we may change or end a booking; what to do if there is a problem, and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are CarExamer Ltd a company registered in England and Wales. Our company registration number is 11123805 and our registered office is at Broughton Cottage, London Road, Sevenoaks, England, TN13 2TD. Our registered VAT number is 314277613.
2.2 How to contact us. You can contact us by telephoning our customer service team at 02033 71 7733 or by writing to us at email@example.com, or at Broughton Cottage, London Road, TN13 2TD.
2.3 How we may contact you. If we have to contact you we will do so through the Platform, by writing to you at the email address or postal address you provided to us in your online booking, or by telephone.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails or electronically through the Platform.
3. USING THE PLATFORM
3.1 What is the Platform? The Platform enable you to book a used-vehicle pre-purchase inspection (“Vehicle Inspection”). For the avoidance of doubt, we do not provide Vehicle Inspections and accept no liability whatsoever in respect of any Vehicle Inspections booked through the Platform. The Vehicle Inspection will be carried out by an inspector who is vetted by CarExamer (“Inspector”).
3.2 Our role. CarExamer is responsible only for taking bookings, facilitating the arrangement of Vehicle Inspections by Inspectors and processing payments - all on behalf of Inspectors. All Vehicle Inspections are entirely the responsibility of the relevant Inspectors.
3.3 Your use of the Platform. So long as you adhere to these terms and conditions, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Platform for your own personal private or (if you are a business) internal business use, in each case provided that such use is in accordance with these terms and conditions. You agree not to use the Platform or any other purpose.
3.4 Availability of the Platform. Whilst we make reasonable efforts to ensure the availability of the Platform we have the right to suspend your access to the Platform or to withdraw or modify the Platform (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); because it is no longer economically viable or efficient to provide the Platform.
3.5 Contracts subject to these terms and conditions. What this means is that when you use the Platform to make a booking for a Vehicle Inspection it creates two legal contracts:
3.5.1 one contract between you and us, under which we provide to you the means of booking, arranging and paying for a Vehicle Inspection through the Platform; and
3.5.2 a further contract between you and the relevant Inspector in respect of the provision to you of a Vehicle Inspection at the price quoted to you at the time of your booking
Both of these contracts are made subject to these terms and conditions.
3.6 Online booking. You are able to make an online booking for a Vehicle Inspection through the CarExamer Platform. By making an online booking, subject to the subsequent acceptance of the booking by an Inspector, you agree to ensure that:
3.6.1 the information that you have supplied with regard to the online booking are complete and accurate;
3.6.2 the owner of the vehicle (“Vehicle”) to be the subject of the Vehicle Inspection (“Vehicle Owner“) will consent to the inspection of the Vehicle by the Inspector which may include but is not limited to allowing a full mechanical check and plug-in diagnostic check of the Vehicle and a test drive by the Inspector, and will sign the standard CarExamer liability waiver;
3.6.3 the Vehicle will be at or near to the address specified in the online booking at the agreed time;
3.6.4 the Inspector will be given access to the Vehicle for as long as is necessary to carry out the Vehicle Inspection. The estimated completion times for Vehicle Inspections are: (a) basic inspection: 40-60 minutes, (b) standard inspection: 60-90 minutes, and (c) premium inspection: 120-150 minutes. These completion times are estimates only and some Vehicle Inspections may be longer or shorter than the estimated completion times;
3.6.5 the credit or debit card use to make the online booking remains valid and money is available to pay the inspector immediately the price of the Vehicle Inspection upon completion;
3.6.6 you make any information available that may affect the ability of the Inspector to carry out the Vehicle Inspection in a timely manner;
3.6.7 you respond to any communications from CarExamer and/or an Inspector in a timely manner.
3.7 If an Inspector is unable to accept your online booking, we will notify you of this as soon as possible in writing. This might be because no Inspectors are able to meet a time you have specified for a Vehicle Inspection or for some other reason. Email notification
3.8 Your online booking number. We will assign an online booking number to your online booking and tell you what it is when an Inspector accepts your online booking. Please quote this online booking number whenever you contact us about your online booking.
4. VEHICLE INSPECTIONS
4.1 During the online booking process, you will be asked to submit your preferred date(s) and time(s) for a Vehicle Inspection to take place. The actual date and time on which a Vehicle Inspection takes place is, however, will be selected by the Inspector from the date(s) and time(s) submitted in your online booking and notified to you and the Vehicle Owner in writing.
4.2 If the Inspector’s Vehicle Inspection is delayed by an event outside of their control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For the avoidance of doubt, CarExamer shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and you will not be charged in respect of any Vehicle Inspections which have not been carried out.
4.3 During the online booking process you must confirm that you have obtained consent from the Vehicle Owner to provide us and the Inspectors with their contacts details, and consent to carry out the Vehicle Inspection at the time(s) and date(s) provided in your online booking.
4.4 If the Vehicle Owner, or such person authorised by them to deal with the Vehicle, does not allow the Inspector to carry out the Vehicle Inspection, or refuses to sign CarExamer’s standard inspection disclaimer document, then you will be liable to pay the full cost of the Vehicle Inspection. It is your responsibility to ensure that the Vehicle Owner consents to us and the Inspector being provided with their contacts details, and consents to the Vehicle Inspection being carried out by an Inspector at the time(s) and date(s) provided in your online booking.
5. THE INSPECTION REPORT
5.1 Upon completion of the Vehicle Inspection, the Inspector will send to you a completed inspection report (the “Inspection Report”) through the Platform.
5.2 The Inspection Report shall include a minimum of 9 photographs of the Vehicle, which shall include 5 photographs from the outside of the Vehicle, (4 photographs from the side of the Vehicle and 1 from the engine bay), and 4 photographs from inside of the Vehicle (Vehicle interior, boot area, documents and keys, and odometer reading). If the Inspector comes across any component damage, the Inspection Report may also include additional photographs of any such damage.
5.3 If you have opted for the standard or premium Vehicle Inspection the Inspection Report will include a voice recording explaining the Vehicle’s general condition or a more detailed explanation of a specific fault or defect, which may include an explanation of any fault codes found when carrying out a diagnostic check. The Inspector shall include a minimum of 5 30-second audio files or one combined audio file of at least 1 minute 50 seconds.
5.4 If you have opted for the premium Vehicle Inspection, the Inspection Report will include a video recording explaining the Vehicle’s general condition or a more detailed explanation of a specific fault or defect, which may include an explanation of any fault codes found when carrying out a diagnostic check. The Inspector will include a minimum of 5 30-second videos or one combined video file of at least 1 minute and 50 seconds, which may include the Vehicle’s external area, engine bay, boot area or interior.
6. YOUR RIGHT TO CHANGE OR CANCEL AN ONLINE BOOKING
6.1 You can cancel or reschedule your online booking at any time through the Platform before an Inspector accepts your booking.
6.2 You have the right to cancel a booking without charge when giving a minimum of 4 hours’ notice before the scheduled arrival time specified in the booking. If less than 4 hours’ notice is given, we reserve the right to make a late cancellation charge on behalf of the Inspector of £40.00.
6.3 You do not have a right to change or cancel a Vehicle Inspection once the Vehicle Inspection has commenced, or has been completed, and in those circumstances the full inspection fee will be payable.
6.4 To change or cancel an online booking please let us know through the Platform, or by email, quoting your online booking reference.
7 OUR RIGHT TO CHANGE OR CANCEL AN ONLINE BOOKING
7.1 We may notify you of a change to an online booking to reflect, for example, the fact that an Inspector is no longer available to carry out a Vehicle Inspection at the time or date agreed; because the Vehicle; because the Vehicle Owner has cancelled or rescheduled a Vehicle Inspection; because of a change in the law or relevant regulations, or any other reason. If the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6 - Your rights to end the contract).
7.2 If after arriving on site, having made reasonable efforts, an Inspector is unable to carry out the Vehicle Inspection for reasons beyond his control, then we reserve the right to cancel the booking and to make a late cancellation charge on behalf of the Inspector at our sole discretion, which may be up to 100% of the inspection fee where the reason is your failure to meet your obligations under these terms and conditions.
7.3 We may cancel a booking for a Vehicle Inspection at any time by writing to you if:
7.3.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for the Inspector to carry out a Vehicle Inspection, for example, contact details of the Vehicle Owner;
7.3.2 the Vehicle Owner does not, within a reasonable time, allow the Inspector to carry out the relevant Vehicle Inspection;
7.3.3 you are in breach of these terms and conditions.
8. IF THERE IS A PROBLEM WITH A VEHICLE INSPECTION
8.1 How to tell us about problems. We always encourage our customers to communicate with the Inspectors when there is a problem with the Vehicle Inspection The first step is to contact the Inspector through our online resolution centre, which is available through the Platform.
8.2 If, within 30 days of contacting the Inspector through our online resolution centre, your issue has not been satisfactorily resolved, please contact us. You can telephone our customer service team at 02033 71 7733 or write to us at firstname.lastname@example.org, or at Broughton Cottage, London Road, TN13 2TD.
9. PRICE AND PAYMENT
9.1 Where to find the price for the services. The cost of a Vehicle Inspection which you have booked will be the price indicated on the online booking pages for the specific level of Vehicle Inspection you have selected when you placed your online booking. We take all reasonable care to ensure that the price of the Vehicle Inspection advised to you is correct.
9.2 The price you pay will depend on whether you opt for the basic, standard or premium Vehicle Inspection.
9.3 We will pass on changes in the rate of VAT. If VAT is applicable to a booking for a Vehicle Inspection and if the rate of VAT changes between your online booking date and the date the Inspector provides the Vehicle Inspection, we will adjust the rate of VAT that you pay, unless you have already paid for the Vehicle Inspection in full before the change in the rate of VAT takes effect.
9.4 When you must pay and how you must pay. We accept payment through FCA-regulated third-party payment gateways, such as Stripe Connect. Unless expressly stated in these terms and conditions, you will not be charged until the Vehicle Inspection has been completed and the Inspector has submitted an inspection report to you via the Platform. CarExamer and/or the relevant payment gateway will verify your payment details at the time you make an online booking and may reserve a charge on the card details you have provided.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 Our Liability. Our sole liability relates to the provision of the CarExamer Platform to you. We do not provide Vehicle Inspections and any liability in respect of the Vehicle Inspections shall rest with the relevant Inspector. If you have a problem with a Vehicle Inspection please contact the Inspector through our online resolution centre, which is available through the Platform.
10.2 We are not liable for any loss. You acknowledge that we are not responsible to you for any Vehicle Inspection booked through the Platform and we are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with a Vehicle Inspection and we will have no liability to you for any loss or damage to property, loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
10.3 Without prejudice to clause 10.2, for the avoidance of doubt the Inspector will not analyse, dismantle or remove any part or component or mechanism from the Vehicle when carrying out the Inspection and neither CarExamer nor the Inspector accepts any liability for defects which arise in any part of the Vehicle which is not included in the Inspection, or not reasonably apparent or capable of identification at the time of Inspection, nor for latent defects which are later discovered, nor for defects which arise after the Inspection if they were not reasonably detectable at the time the Inspection was carried out.
10.4 A lack of defect in any part of the Vehicle at the time of the Inspection does not constitute a warranty or guarantee of the durability in any part of the Vehicle, nor is it a guarantee against defects arising in the future. Neither CarExamer nor the Inspector accepts liability for defects not reasonably apparent in any Vehicles and vehicles over 120.000miles or 10 years or have been subject to abnormal use which is not apparent during the Inspection and is not drawn to Inspector’s attention by the Vehicle Owner. You accept that such Vehicles are more prone than usual to latent defects.
10.5 You accept that oil consumption and engine wear patterns can only be accurately ascertained using regular monitoring over time. An engine’s use, age and maintenance may also affect oil consumption or general condition of the engine.
10.6 You accept that a brake fluid inspection does not include a brake fluid change, and therefore is not a substitute for regular maintenance. If the Inspector carries out a brake fluid check, this will provide information about the moisture absorption which can affect fluid properties, but will not confirm the grade of fluid or other potential contamination.
10.7 The Electronic Controls Unit (“ECU”) is any embedded system in automotive electronics that controls one or more of the electrical systems or subsystems in a vehicle. During the Vehicle Inspection the Inspector will read and report any fault codes identified when running ECU diagnostics, but the Inspector will not be liable for any fault codes that appear after the Vehicle Inspection.
10.8 You accept that a diagnostic check of the ECU systems with a scanner may not reveal fault codes previously cleared prior to the Vehicle Inspection and these may not be recorded in the Inspection Report.
10.9 The Inspector will use well known generic diagnostic scanners, but you accept that sometimes the Inspector may be unable to access all the ECU subsystems due to a lack of availability of information released from manufacturer for a specific make and model on the diagnostic scanner software or the Vehicle may be too new and software may not be yet released to that specific scanner manufacturer.
10.10 You accept that on rare occasions there will be no communication with some or all systems due to a fault with the specific system or with power to the EOBD socket.
10.11 You further accept that on rare occasions the Inspector may be unable to carry out a plug-in diagnostic scan because of an electrical fault.
10.12You accept that in wet weather conditions or when the Vehicle is too dirty some minor scratches, dents would be impossible to notice.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. Other Important Terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Entire Agreement. These terms and conditions set out the entire agreement between you and us concerning the Platform and they replace all earlier agreements and understandings between you and us.
12.5 Waiver of rights. Our failure to exercise or enforce any of our rights under these terms and conditions does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
12.6 Which laws apply to these terms and conditions. These terms are governed by English law and you and we agree to submit to the exclusive jurisdiction of the English courts with regard to any dispute arising out of these terms and conditions.