The Car Conveyancer

CarConveyancer.co.uk Terms and Conditions v.1

These Terms of Use ("Terms of Use" or "Agreement") shall serve as an agreement that sets forth the terms and conditions that will govern your use and participation in the transaction management and escrow services provided on and through Car Conveyancer (the "Services"). By electing to utilise the Services and agreeing to the Transaction you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Use, you shall discontinue further use of the Services. If you agree to these Terms of Use, you will be bound as follows:

Definitions

"The Seller" of The Vehicle is the company or person identified as "The Seller" in the "User Form and Banking Form.”
"The Buyer" of The Vehicle is the person identified as "The Buyer" in the "User Form and Banking Form.”
“Car Conveyancer” is the trading name of R James Hutcheon Solicitors and intermittently referred to as “we” or “us.”
“Purchase Price” is the agreed amount of money the Buyer is prepared to pay the Seller for the Vehicle identified in the "User Form”.
"The Vehicle" or “car” is identified in the "User Form" and is the motor vehicle which has been the subject of the Transaction.
“Transaction” is more particularised in the "User Form” where users on the Car Conveyancer.co.uk web site provide all information in connection with the transaction to purchase the vehicle to effect a change of legal ownership between Buyer and Seller under a single escrowed account.
"User Form” means the Form on Car Conveyancer’s Site where Users provide all requested information in connection with a Transaction.
"Escrow Account" means the third party account opened by Car Conveyancer to deposit the purchase price of the vehicle received from the Buyer to be held on behalf of the Seller once the transaction has been fulfilled.
"Account" means a bank account to which the Buyer or Seller will pay our fees in respect of our services.
“Escrow Instructions” means the Users agreement to pay and receive (where appropriate) the value of the purchase price of the vehicle via the Escrow Account and to be bound by these Terms of Use.
"User(s)" means a Buyer (or Buyers) and a Seller (or Sellers) participating in a Transaction.
"Site" refers to the website for the Services which can be found at www.CarConveyancer.co.uk
“Court of competent jurisdiction” means Liverpool County Court or Liverpool High Court of Justice.
“Our Fees” are those published on Car Conveyancer’s Web Site that our payable by either the Buyer or Seller for services rendered by Car Conveyancer.
Our Services – means the provision of work we undertake on behalf of the Buyer and/or Seller as set out in this agreement which are primarily internet based and are intended to facilitate the completion of the underlying transaction under the terms of this agreement.
“Agreement” means this agreement and the then current operating rules contained on the Site.
"Working Days" means Monday through Friday, except for bank holidays and between Christmas and New Year.
A “person” includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) [and that person's legal and personal representatives, successors and permitted assigns].
Words in the singular include the plural and vice versa.
A reference to one gender shall include a reference to the other genders.
A reference to writing or written includes faxes, letters and email.
“Vehicle Inspection” means either an inspection of the vehicle by visual and/or mechanical means by the Buyer or his appointed engineer.
“Appointment” means a calendar date where the Buyer and Seller agrees for the Buyer to take possession of the vehicle.
“Possession of vehicle” when the Buyer takes physical possession of the Seller’s vehicle (e.g. driving the vehicle away with the Seller’s permission) in person or via an authorised third party which is intended to pass legal title from the Seller to the Buyer.
“Counsel”: means a qualified “Barrister” recognised by the Bar Counsel.
“Mediation:” A third party organisation, person or body corporate who may be instructed by Car Conveyancer if there is a dispute.
“Notice” means requirements under this agreement means by way of email and or such other form of communication as may be determined by Car Conveyancer from time to time.

Terms & Conditions

Description of the Service. The Services are Internet-based transaction services performed by Car Conveyancer which Services are intended to facilitate the completion of the underlying transaction under the terms of this Agreement, and the Site.
Limits on the Services. The Services are only available for lawful Items and Items not otherwise excluded by Section 3 below. Payments are limited to UK Sterling only. Car Conveyancer does not handle currency conversions. Other limitations on the Services may apply and can be found on the Site. Only registered Users may use the Services. In order to register, you must supply all information required on the Site.
Prohibited Transactions. Users shall not utilise the Site or the Services in connection with any Transaction that is illegal or involves any illegal Items. Car Conveyancer in its sole discretion may refuse to complete any Transaction. Each User agrees to indemnify and hold Car Conveyancer for losses resulting from any use or attempted use of the Services in violation of this Agreement.
Rejection of Payment. Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer may be limited by your agreement with your financial institution and/or by applicable law, Car Conveyancer is not liable to any User if Car Conveyancer does not complete a Transaction as a result of any such limit, or if a financial institution fails to honour any credit or debit to or from an Account. Car Conveyancer may post operating rules related to payment on the Site and change such rules from time to time.
General Conditions of Use. If you arrive at the Site through entities linked and/or integrated with Car Conveyancer or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorise such third party to transfer relevant data to Car Conveyancer to facilitate the Transaction. You represent and warrant that all information you provide to Car Conveyancer or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorised to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms.
This is not a distance sale, service or transaction.
Warranties and Conditions: So far as the same is permitted by statute, no conditions and warranties whether express or implied by common law, statute, custom of trade or otherwise shall be applicable to this agreement unless expressly set out herein.
Obligations of Sellers. When online using the Banking Form, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorises Car Conveyancer and its authorised agents to initiate credit entries to such Seller's Account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in a Transaction shall allow the vehicle to be delivered/allow to be collected by the Buyer which will be arranged between Buyer and Seller by mutual agreement. Payment of our Fees: Unless the Buyer pays our fees, the Seller will pay before any work by Car Conveyancer is undertaken. Payment of our fees will normally be made online by credit or debit card or such other method as may be determined by Car Conveyancer which is separate from the purchase price of the vehicle. Regardless of the payment method, Seller authorises Car Conveyancer and Car Conveyancer’s agent(s) as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge the Seller’s obligations. Car Conveyancer will deposit funds received from Buyer into an escrow trust account maintained by Car Conveyancer (the "Escrow Account”). The escrowed deposits do not earn interest for Buyer or Seller. The Seller will notify Car Conveyancer immediately when the Buyer (and or his third party agent) has taken possession of the vehicle so that payment to the Seller can be made by Car Conveyancer as set out below. The Seller agrees to all credit, security, money laundering, vehicle and anti-fraudulent checks to be undertaken by Car Conveyancer’s against the Seller and the vehicle by us and/or trusted third party(s). It is the duty of the Seller to log on and check his emails and phone logs daily and regularly to confirm the status of the transaction and to respond to all necessary directions, obligations and queries to give effect to the transaction. If any money is paid in error to the Seller, he must immediately upon discovery for upon request return the money back to Car Conveyancer.
Obligations of Buyers: When online using the Banking Form, Buyer must designate a payment mechanism and an Account from which the purchase price will be obtained for the deposit into escrow. Depending on the amount of the Transaction Buyer may remit the necessary funds via various methods, which may include credit card, charge card, debit card or cheque, bank transfer, but providing always that the method of payment will be determined by Car Conveyancer. Payment of our fees will normally be made online by credit or debit card or such other method as may be determined by Car Conveyancer which is separate from the purchase price of the vehicle. Regardless of the payment method, Buyer authorises Car Conveyancer and Car Conveyancer’s authorised agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations. Car Conveyancer will deposit funds received from Buyer into an escrow trust account maintained by Car Conveyancer (the "Escrow Account"). The escrowed deposits do not earn interest for Buyer or Seller. Upon receipt of notice from the Buyer (and the Seller) that the vehicle has been received and accepted, Car Conveyancer shall transfer the cleared payment amount in the escrow account to the Seller's Account as set out below. The Buyer agrees to all credit, security, money laundering and anti-fraudulent checks to be undertaken by Car Conveyancer’s against the Buyer by us and/or trusted third party(s). The Buyer agrees that any vehicle check undertaken will be made available to Car Conveyancer, the seller and any interested third party. It is the duty of the Buyer to log on and check his emails and phone logs daily and regularly to confirm the status of the transaction and to respond to all necessary directions, obligations and queries to give effect to the transaction. If any money is paid in error to the Buyer he must immediately upon discovery or upon request return the money back to Car Conveyancer.
Instructions to Pay Into Escrow Account: Once the Buyer and Seller have agreed the transaction by accepting the User and Banking Forms to Buy and Sell a vehicle(s), these Terms and Conditions shall constitute a binding agreement between all parties. Should it become necessary to add a supplemental instruction(s), or to make any addition to, deletion from, or alteration to the User or Banking Forms, all parties (Buyer, Seller and Car Conveyancer) must execute (by digital signature or by a method mutually agreed upon by both users) any supplemental instruction, addition, deletion or alteration thereto (collectively the "Supplemental Escrow Instruction(s)). Car Conveyancer reserves the right to reject any Supplemental Escrow Instructions and to terminate the Transaction as provided herein in accordance with the applicable law of England and Wales. Car Conveyancer may accept instructions that are created, generated, sent, communicated, received or stored by electronic means and by attaching their Digital Identification. The parties to the Transaction hereby agree to conduct the Transaction electronically. The parties acknowledge that by entering into this Agreement, they are able to electronically receive the Instructions from us electronically via email or on site, and to print off the electronic documents. Should any of the parties involved in a transaction be unable to receive the Instructions electronically, download or print the Instructions, Car Conveyancer shall mail a true and correct copy of the instructions to the person within two working days, upon request from the party. If any money is paid in error, Buyer or Seller must immediately upon discovery or upon request return the money back to Car Conveyancer. IMPORTANT: When the Buyer receives a secure email from us to pay the purchase price to Car Conveyancer’s Escrow Account he must also telephone Car Conveyancer on its main telephone number on the Web Site to confirm the amount and the account number. Under no circumstances should the Buyer release the purchase price of the vehicle without telephoning us. Similarly, the Seller will receive a secure email from us when the purchase price has been cleared in Escrow to request that he calls us. Under no circumstances should the Seller release the vehicle without telephoning us. Failure to follow these instructions may subject the Buyer or Seller to a fraud to which Car Conveyancer will not be responsible for any loss or damage howsoever caused. We highly recommend that both Buyer and Seller use our Agent chauffer and verification service.
Appointment to inspect vehicle: Prior to the appointment, Car Conveyancer must be in cleared funds in respect of its fees and the purchase price of the vehicle when paid into the nominated escrow account. The Buyer and Seller must inform Car Conveyancer of the appointment date and intended possession of the vehicle (if later than the appointment date) so that Car Conveyancer can perform its obligations under this agreement.
At the Appointment: The Seller agrees to a vehicle inspection, test drive and where agreed for the Buyer to take possession of the vehicle. The Seller warrants to provide good title to the vehicle and provide and sign all relevant documents of ownership, including any MOT certificates, vehicle operating manuals, service booklets, purchase and repair invoices, receipts, details and documents of any outstanding finance on the vehicle and all other relevant documents or information and vehicle keys. If all documents are not available at the time the Seller undertakes to forward these documents to the Buyer as soon as reasonably practicable after the completion of the sale. Should there be any missing documents at the time of the inspection, unless otherwise agreed, the Buyer takes the risk of loss or damage by taking possession of the vehicle should the missing documents not materialise.
Vehicle Inspection: Where the Buyer requires the vehicle to be inspected by himself, a third party or by a professional mechanical engineer, the Seller under this agreement will allow and agree to the inspection unless such terms of inspection are considered to be unreasonable. If no agreement can be made the agreement will be cancelled as set out in below. If the inspection of the vehicle proceeds by way of a professional mechanical engineer and where a written report is produced, the Buyer will contact car Conveyancer and the Seller of the results and advise if he wishes to continue with the transaction on the same terms or on different terms. If on different terms all parties must be informed and decide if the purchase can proceed.
Test Drive: Where the Buyer takes the vehicle for a test drive, either through himself or an agreed third party, it is the responsibility of the Seller to satisfy himself that he or the Buyer has appropriate level of motor insurance and is entitled to drive.
Buyer taking Possession of the Vehicle: The users must allow sufficient time for Car Conveyancer to perform its obligations under this agreement before possession of the vehicle takes place and fulfil their obligations. Car Conveyancer will notify the Buyer and Seller when all obligations have been fulfilled and the conditions are right for the Buyer to take possession. Possession of the vehicle will take place by the Buyer physically driving the vehicle away by himself or agreed third party. Once the Buyer takes possession by driving the vehicle away a binding contract is made. The responsibility for any motor insurance for the vehicle passes from the seller to the Buyer once possession takes place or he becomes the legal owner, whichever occurs first.
Once Possession Takes Place: It is the responsibility for both the Buyer and Seller to notify Car Conveyancer that the Buyer has taken possession of the vehicle. If for any reason the Buyer cannot provide notice of possession, he must telephone us immediately and provide necessary passwords to confirm identity. Once Car Conveyancer has received the relevant notice of possession, it will send to the Seller the cleared funds in the escrow account within 5 working days. Car Conveyancer reserves the right to delay payments for a reasonable period of time to verify details of the transaction or verify identity, bank details and ensure all obligations by The users under this agreement have been fulfilled. Where there is any delay in payment, Car Conveyancer reserves the right to refer the matter, at the expense of The users or the ultimate defaulting party under this agreement to a mediation service, counsel or court.
Our Responsibilities. Car Conveyancer is obligated to perform only those duties expressly described in this Agreement and the Escrow Instructions. Car Conveyancer shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or wilful misconduct (subject to the limitations in Section 17 below). Car Conveyancer may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that Car Conveyancer is uncertain as to Car Conveyancer duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in Car Conveyancer's opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the Escrowed Funds, Car Conveyancer may (i) consult with counsel of our choice and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Users, the final decision or award of an mediator pursuant to an mediation commenced and conducted in accordance with the General Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds with a court of competent jurisdiction in accordance with the procedures outlined in the Escrow Instructions or retain such funds until any dispute has been resolved. Car Conveyancer may, at any time, give notice of Car Conveyancer's intent to resign as Escrow Agent. If, within ten (10) days of such notice, Car Conveyancer has not received notice from all Users in a Transaction that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent), Car Conveyancer may discharge Car Conveyancer duties under this Agreement by depositing all escrowed funds with a court of competent jurisdiction or retain such funds until any dispute has been resolved. If an alternate Escrow Agent is so designated, Car Conveyancer shall be discharged from Car Conveyancer duties under this Agreement by delivering all escrowed funds to such person or entity. Upon payment of the escrow funds pursuant to this Agreement, Car Conveyancer shall be fully released from any and all liability and obligations with respect to the escrow funds and the Transaction.
Time Limits: Should the Car Conveyancer’s site or our services be unavailable, or if Buyer and Seller jointly desire to extend any time imposed upon them under this agreement, then we may, but shall not be obligated to, extend such times at our sole and absolute discretion, and Car Conveyancer will provide prompt email notification of any extension to both parties. If, for any reason, the Users are unable to gain access to their emails they must telephone us of any acceptance, rejection or problem, then you must follow this up immediately in writing. This notification will not be considered effective until we acknowledge receipt by notifying Buyer and Seller via email or return letter.
Timing of Payment: All Escrow Funds due to Buyer and Seller shall be paid as soon as possible following the Buyer's possession of the vehicle or the resolution of a dispute. In the event that Buyer makes any form of overpayment, we shall reimburse the overpayment upon the Close of Escrow. In the event that Buyer or Seller is overpaid for any reason, Buyer and Seller agree to promptly return the funds to us. The payee agrees to pay any postage costs and/or wire fees if an alternate payment is requested.
Communication Between Parties: Unless otherwise agreed upon by all parties, all communication from between the parties will be by secure email or email to the last address provided in the User & Banking Forms. Buyer and Seller agree to use the Car Conveyancer Secure Email to verify the accuracy of all email communications from Car Conveyancer. In accordance with the applicable law of England and Wales an electronic record shall be deemed to be sent when the information is properly addressed or directed to its intended recipient, and either: (1) enters an information processing system outside the control of the sender; or (2) enters a region of an information processing system that is under the control of the recipient. If Buyer and/or Seller are unable to gain access to their Emails, Buyer and/or Seller may contact us by telephone at our normal office hours between 9.30 am and 5.30 am Monday to Friday, to make arrangements for alternative methods of signature and acknowledgment. Buyer, Seller and carconveyancer shall only be required to agree to employ alternative communication methods, which are reasonable accommodations under the circumstances of the Transaction.
Cancelling a Transaction/Rejection of Vehicle: If the Transaction cannot be completed for any reason, including cancellation by Car Conveyancer for any reason, Car Conveyancer and The users will notify each other by Email. In Car Conveyancer's sole discretion, Car Conveyancer may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the this agreement. You may cancel a Transaction as provided in this Agreement. Our fees are non-refundable but any cleared funds in the escrow account will normally be returned to the Buyer providing there is no dispute on the amount. If there is any dispute regarding the transaction then Car Conveyancer will delay any payment out of the escrow account or such other account as may be in dispute, and reserves the right to refer the matter, at the expense of The users or the ultimate defaulting party under this agreement to a mediation service, counsel or court.
Questions about the Services. You may inquire about payments made through the Service by calling or emailing us. If you believe an error has been made or there has been any unauthorised use of your Account or the Services, you agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error. When you contact Car Conveyancer, please be prepared to provide your name, Car Conveyancer reference number and your email address you have registered on the Car Conveyancer site together with answers to security questions completed on the Banking Form.
Statements, Verification. You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or on the Site, unless the users make other arrangements which must be agreed by Car Conveyancer.
Digital Identification. You understand and agree that Car Conveyancer will create, issue, and verify a digital identification (a "Digital ID") for each User using echo sign or such other medium or third party from time to time employed. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid "Electronic Signature" as defined under the applicable law of England and Wales and is forms a binding agreement as though signed by the users and Car Conveyancer.
Fees. Unless otherwise agreed upon by each User in the Transaction, Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed online Schedule of costs are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g. transportation, appraisal, inspection, etc.). Once paid, Car Conveyancer fees are non-refundable. Car Conveyancer fees may change from time to time in Car Conveyancer's absolute and sole discretion. Car Conveyancer is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any Items purchased or sold through the Services or otherwise arising from the Transaction.
Security. Car Conveyancer and/or its agents use secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to pay our fees. Car Conveyancer has also implemented a security system requiring a user ID and a password to access your Transactions on the Site. You agree not to give your password and answers to the security questions on the Banking Form to any other person or entity and to protect it from being used or discovered by anyone else.
Disclaimers. You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. CAR CONVEYANCER MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. Car Conveyancer expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Car Conveyancer shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of Items. No advice or information, whether oral or written, obtained by you from Car Conveyancer or through the Services shall create any warranty not expressly made herein.You acknowledge and agree that Car Conveyancer does not endorse the website of any third party, or assume responsibility or liability from any third party whether a trusted partner or affiliate or for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will Car Conveyancer be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond Car Conveyancer's control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
Limitation of Liability. NEITHER CAR CONVEYANCER NOR ITS AFFILIATES, PREFERRED PARTNERS, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
Termination of Services. Car Conveyancer may suspend or terminate your use of the Services at any time, without notice for any reason, in Car Conveyancer's sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, Car Conveyancer will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but Car Conveyancer is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the Items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable solicitors fees) that Car Conveyancer may incur in order to (a) collect any amounts you owe under this Agreement, the Escrow Instructions or (b) to initiate an arbitration/mediation or judicial proceeding to resolve a dispute between Buyer and Seller.
Non-Transferability of the Services. You may not assign this Agreement or the Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of Car Conveyancer. Car Conveyancer may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
Modifications. Car Conveyancer reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Online Agreement. You understand that the most recent version of this Agreement will be located on the Site.
Notices. Notices from Car Conveyancer to you may be given by Secure Email, e-mail, regular mail or fax. You may contact Car Conveyancer in writing, fax, email or telephone at the address on our web site or as Car Conveyancer posts as its address for notice on the Site in the most recent version of the Terms of Use.
Indemnification. You agree to indemnify and hold Car Conveyancer, Car Conveyancer affiliates. preferred partners and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable solicitors’ fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the User Form Agreement Instructions, including, without limitation, payment of Car Conveyancer fees and any charge backs from a card organisation or reversal or nonpayment of any credit or debit entry.
Miscellaneous. In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, the Users agree to resolve such dispute between themselves initially and if this cannot be resolved for Car Conveyancer to invoke the Mediation clause if Car Conveyancer is unable to resolve the issue.
General: Car Conveyancer's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Car Conveyancer in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto. Any oral agreement between Car Conveyancer and you is invalid unless expressly agreed in writing. Car Conveyancer may assign this Agreement to any current or future affiliated company and to any successor in interest. Car Conveyancer also may delegate certain of Car Conveyancer rights and responsibilities under the Agreement to independent contractors or other third parties. If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Use, as amended from time to time in Car Conveyancer's sole discretion, and evidence that you have read, understood and accepted the then applicable Terms of Use.
Mediation: If there is any dispute between the parties, the parties agree that it will first use the service of an independent mediator or Counsel nominated by Car Conveyancer which will be binding on all the parties. As soon as a dispute arises the party who is aggrieved must notify the other party and us within 7 days by email and in writing setting out in full their complaint. Initially Car Conveyancer will try to resolve any issues but if unsuccessful an independent mediator or Counsel will be instructed by carconveyancer within 28 days of first receiving the disputed complaint. If medication proceeds all parties should notify Car Conveyancer and of the final determination. Car Conveyancer reserves all rights in any mediation proceedings including the right to interplead and be a party to the mediation service and where appropriate to hold onto the Escrow funding pending final determination of the matter.
Force Majeure: If performance hereunder is interfered with by any condition beyond a party's reasonable control, the affected party will be excused from such performance to the extent of such condition.
Counterparts: Instructions may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument. The parties may execute these Instructions and forward an executed counterpart signature to the other party by electronic signature or fax and the party receiving such executed counterpart by electronic or faxed signature shall be authorised to attach it hereto as a legal and valid signature of such executing party, including electronic or fax signatures. However, if these Instructions are executed in counterparts no signatory hereto shall be bound until all parties have duly executed a counterpart of these Instructions. The parties hereto are authorised to treat an electronic or a faxed counterpart signature as a duplicate original signature for any and all purposes.