The following is a legally binding contract between you and RAW2K.CO.UK ("RAW2K LTD"), which determines your contractual relationship with RAW2K LTD and your behaviour on the site. Clauses 1-9 describe the general terms and conditions which apply to all users or RAW2K.CO.UK (the "Site"), including, without limitation those who place items for auction on the Site ("Vendors") and those who bid for items placed for auction on the Site ("Users"). Clauses 10-17 describe the additional provisions, which apply to those Users who are authorized to participate in the auction of salvaged vehicles on the Site ("Dealers"). Please note that, in particular, you are committing yourself to be bound by any bid you submit.
1 Scope of Agreement
This Agreement together with the Terms and Conditions set out the rights and obligations of RAW2K LTD and you as Vendor, User or Dealer, in relation to certain online auction Services offered through the Site.
2 Operation of Auction Services
2.1 A transaction, which is effected by using the Services offered by RAW2K LTD, constitutes an "Auction". An Auction is an online auction where RAW2K LTD provides an online venue to allow the Vendor to offer for sale the Goods to the Users in accordance with this Agreement.
2.2 The Goods made available through Auctions are offered for auction by the Vendor and other third parties.
2.3 The contractual terms and conditions which will apply as between a User and the Vendor in relation to the Goods which are the subject of any Auction shall be those specified by the Vendor, whether in writing or otherwise.
2.4 Users making a successful bid on any goods are responsible for collection of those goods. The site offers various help with services required but is not responsible for the service providers.
2.5 RAW2K LTD reserves the unilateral right to foreclose or extend Auctions or to cancel or withdraw listings or to terminate entire Services, where RAW2K LTD at its sole discretion believes it has compelling legal or technical reasons to do so (including without limitation technical difficulties experienced by RAW2K LTD, a Vendor or on the Internet).
2.6 RAW2K LTD may in its absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings or Goods in respect of which there is a dispute, which are withdrawn by the Vendor, or which fail to draw bids above the reserve. Where practical, RAW2K LTD shall provide reasonable advance notice to the Vendor of any actions it may take in accordance with this condition.
2.7 RAW2K LTD agrees to use its reasonable endeavours to process bids which are placed in respect of Goods offered by the Vendor, but does not guarantee that any individual bid will be submitted.
2.8 RAW2K LTD is in no respects bound or required to offer any of the Services to the Vendor.
2.9 Fixed Price Auctions. In a Fixed Price Auction, a fixed price shall be set for the item offered for auction. The auction shall be closed when a bidder has bid the fixed price amount.
2.10 RAW2K LTD reserves the right to suspend or terminate this Agreement, or the Vendor's ability to offer Goods for sale in any Auction, or otherwise to participate in any Auction if it appears to RAW2K LTD that the Vendor is or appears to be in breach of any of the provisions of this Agreement, including, without limitation, any misuse of the Services.
3 Reserve Prices and Bids
3.1 Goods may be offered by the Vendor subject to a reserve price (the "Reserve"), which may be higher than the starting bid. The Vendor agrees that the winning bid(s) in any Auctions will be the highest bid or bids which exceed any reserve and meets any other express conditions of the relevant Auction.
3.2 By listing the Goods on the site, the Vendor agrees to be bound by the highest bid made by any User in respect of the Goods, subject in all circumstances to the right of RAW2K LTD to intervene in any Auction under Condition 2 of this Agreement.
3.3 The Vendor acknowledges that RAW2K LTD does not authenticate or guarantee the ability of any bidder to pay the price under any Auction.
3.4 Proxy Bidding. A User may use Proxy Bidding to bid in an Auction. To set a proxy bid, a User must enter (i) a Bid Price and (ii) a Proxy Bid Limit. The system will automatically increment the User's bid each time it is superseded until either the User wins or the winning bid is raised to match or exceed the Proxy Bid Limit. The system acts like another bidder, as determined by the proxy bidding logic.
3.4.1 Proxy Bidding Logic. When a new high bid is entered, the system will automatically (i) send an email to the proxy bidder notifying the proxy bidder that he has been outbid (unless two proxy bids are competing in which case notification occurs at the end of this process), and (ii) if, and only if, the new high bid is less than the Proxy Bidder's Limit, the system will automatically raise the proxy bidder's bid above the new high bid, and notify the proxy bidder by email that a new proxy bid has been entered on his behalf. This process will continue each time a new high bid is entered until either (a) the proxy bidder wins the Auction because no new high bid is entered, or (b) the auction closes, at which time the system will be closed to new bids, although any competing proxy bids will be placed incrementally by the system until a winning bid is reached, or (c) the proxy bidder's Proxy Bid Limit is exceeded by a new high bid.
3.4.2 For avoidance of doubt by setting a Proxy Bid Limit it is an agreement between you and RAW2K.CO.UK that RAW2K.CO.UK may bid incrementally up to that limit on your behalf. The proxy bidding process is no different from all other bidding on our site, however when an auction reaches its specified closing time and no further bids can be placed, time will be allowed for competing proxy bids to be incrementally placed by the system on behalf of their respective User until a winning bid is reached.
3.4.3 For the avoidance of doubt, it is possible for the proxy bidder to lose when the winning bid stands at the proxy bidder's limit, i.e. if another bidder reaches the proxy bidder's limit first then the proxy bidder can only match that bid and will therefore lose.
Also if there are two proxy bids place with identical high bid limits, bidding will proceed in an incremental manner until one of the bid limits is reached, therefore one of the bids will lose even though the winning bid stands at both of the Proxy Bid Limits.
4 Undertakings of the Vendor
4.1 The Vendor agrees with RAW2K LTD that:
(i) it will not bid in any of its own Auctions (whether directly or indirectly) or do anything or take any course of action which could affect the price of any Goods offered by the Vendor in any Auction;
(ii) in listing the Goods on the Site, it will not:
(a) establish a link to any web-site or other area; or
(b) include any publicity, advertisement or other statement relating to any goods or services except where such link, publicity, advertisement or other statement relates directly to the Goods which are the subject matter of such listing;
(iii) it will do nothing which would damage or otherwise affect the operation of the Site; and
(iv) it will place a listing of any Goods in respect of any Auction only in a category suitable to the subject matter of such Auction.
4.2 The Vendor agrees that all copyright, trade marks and other intellectual property rights in and relating to the provision of the Services are owned by RAW2K LTD (or its affiliates). The Vendor agrees not to use any of those intellectual property rights, or the Services, except to the extent necessary to conduct Auctions in the manner anticipated in this Agreement, without the prior written consent of RAW2K LTD.
5 Listing Fee and Commissions
5.1 The Commission shall become due and payable when a winning bid is made by a User and accepted by the Vendor.
5.2 The Commission shall be calculated inclusive of VAT.
5.3 All goods sold on auction are the property of RAW2K Ltd, until RAW2K Ltd have received and cleared all monies owed for the purchase of the vehicle from the user, including any storage charges that may have been incurred. Once this has occurred and the purchaser has approved the goods, RAW2K Ltd will pay all monies owed to relevant parties.
5.4 Payment to any Vendor for any Goods sold in an Auction will be subject to approval by the purchaser, as detailed in the Terms and Conditions. This means that money paid by a purchaser in purchasing Goods in an Auction will be held in an escrow account. Acceptance / rejection must be made by the purchaser at the point of collection / delivery). The Vendor agrees to be bound by the purchaser's approval or rejection of the Goods and RAW2K's communication of such approval or rejection.
6.2 RAW2K LTD will not be liable to the Vendor or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, RAW2K LTD.
6.3 Without limiting the preceding paragraph, the entire liability of RAW2K LTD under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sums paid or payable by the Vendor to RAW2K LTD as Commission arising from the Auction(s) to which such liability relates, regardless of the cause or form of action.
6.4 Nothing in this Agreement limits RAW2K's liability for death or personal injury resulting from RAW2K's negligence.
6.5 RAW2K LTD accepts no control over or responsibility for the quality, safety, or legality of Goods, which are the subject of Auctions, the truth or accuracy of their listings, the ability of Vendors to sell those Goods, or Users' capability to pay for them. Accordingly, the Vendor hereby releases RAW2K LTD, its agents and employees from all liability arising out of or in connection with any Auction, including (without limitation) all claims and demands relating to listings, bids, uncompleted or completed transactions, or goods or Services offered or actually sold through or in connection with any Auction.
6.6 RAW2K LTD shall not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
7 Representations and Warranties of the Vendor.
The Vendor represents and warrants to RAW2K LTD that:
(i) if it is a company, it is a company duly incorporated in England and Wales with full power and authority to enter into and perform its obligation under this Agreement and, if it is an individual, it is at least 18 years old and has the legal capacity to enter into this Agreement;
(ii) the execution and performance of this Agreement by the Vendor (including, without limitation, the offer for sale by the Vendor of the Goods in one or more Auctions) has been duly authorised and is in accordance with all applicable laws and regulations;
(iii) to the extent that it offers for sale Goods in an Auction, it is the legal owner of those Goods and has full power and authority to transfer good title in those Goods to any User making a successful purchase in an Auction, free from all third party rights or claims;
(iv) any description of any Goods listed on the Site by the Vendor is accurate in all respects, including (without limitation) any brand name or other indication of origin or manufacture and is not capable of misleading any User or potential User and (for the avoidance of doubt) the Vendor accepts all liability for any error, omission or misrepresentation in respect of such description;
(v) any statements and information in respect of Goods which are listed by the Vendor on the Site will relate only to the subject matter of the Auction, and not to any other matter;
(vi) neither the sale of the Goods, the listing of the Goods on the Site nor any activity undertaken or communication made by the Vendor in connection with any Auction will (a) infringe or be capable of infringing any of the intellectual property or other rights of any person, (b) breach or be capable of breaching any applicable law, whether criminal, tortuous or otherwise, or (c) be offensive, defamatory, obscene, pornographic, insulting, false, unreliable or misleading; and
(vii) any duties, taxes, imposts or tariffs applicable to any Goods offered for sale through any Auction have been paid.
8 Indemnity The Vendor agrees to indemnify RAW2K LTD against all losses, claims, costs and expenses suffered or incurred by RAW2K LTD due to any breach of this Agreement by the Vendor, and in respect of any claim by any User against RAW2K LTD arising in connection with the supply of or failure to supply any Goods to such User under an Auction.
9 Changes to these Terms and Conditions. RAW2K LTD reserves the right to amend these Terms and Conditions from time to time, and post the new version on the Services. If RAW2K LTD exercises this right, RAW2K LTD will place notification of such changes on the RAW2K LTD homepage. The new Terms and Conditions shall be effective, and will govern all Auctions as well as other activity on or through the Services and the various parties' relationship with RAW2K LTD, commencing immediately upon posting. If a person does not wish to be governed by the new version of the Terms and Conditions, the person must cease to participate in Auctions and to otherwise use the Services.
10 General Requirements for Auto Salvage Dealers
10.1 Two-Tiered Auction. (ABI Category B & ABI Category C,D,X) The provisions of Clauses 10 - 17 set out the rights and obligations of RAW2K LTD and you as a Dealer in relation to the auction of certain salvaged vehicles ("Salvaged Vehicles") offered by RAW2K LTD through the Site (the "Dealer Services").
10.2 Two-Tiered Auction. The online auction of Salvaged Vehicles will be conducted as a 2-tiered process.
10.2.1 Vehicles which have been deemed incapable of economic or safe repair (ABI Category B) shall be auctioned only to licensed salvaged dealers who, by the terms of this agreement, shall accept certain obligations related to disposal of the Salvaged Vehicles purchase in the Auction. (Please see ABI Directive)
(1) Details of the vehicle, including VRM, VIN, make, and colour and in the case of an engine, its make, model and serial number.
(2) The name, address and telephone number of the vehicle or engine supplier.
(3) Details of the proof of identity provided by the vehicle or engine supplier.
2 On selling or disposal of any vehicle or engine, the salvage company shall add the following information to that vehicle’s or engine’s entry in the register.
The above information shall be supplied within five working days of a request from an insurer.
10.2.2 All other Salvaged Vehicles shall be available for purchase by any Dealers registered on the Dealer Services.
10.3 To register for and use the Dealer Services, a person must be approved as a dealer by RAW2K LTD. Any person who has had his dealer license suspended or revoked shall not be authorized (while the license is suspended or revoked) to bid on a vehicle. RAW2K LTD may at any time refuse services (including, but not limited to, bidding, buying, listing, etc.) to anyone at anytime.
10.4 Registration. The Dealer undertakes to register for the Dealer Services by providing the correct name, address and any other requested details in the course of registration. ("Dealer Information"). If any of the Dealer Information entered becomes incorrect or is superseded, then the Dealer must notify RAW2K LTD with the corrected information as soon as possible, and in any event before concluding a transaction if the Dealer is a successful bidder.
10.5 Compliance. The Dealer undertakes to comply with all applicable laws and regulations from time to time in force including, without limitation, the Environmental Protection Act 1990 and any amendment or re-enactment of the same. The Dealer warrants that it holds a valid waste disposal licence together with a waste carriers licence and any other licences and consents required by law to cover its activities pursuant to these Terms and Conditions, and undertakes to provide certified copies of the same to RAW2K LTD within seven (7) days of any written request.
10.6 Dealer Information. Dealer hereby grants to RAW2K LTD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) in the Dealer Information, in any media now known or not currently known, for the limited purpose of implementing the Site.
11. Salvage Auctions
11.1 Operation of Salvage Auctions. A Salvage Auction is an online auction where RAW2K LTD provides an online venue to allow qualified dealers to bid for and purchase salvaged vehicles. RAW2K LTD reserves the unilateral right to foreclose or extend Salvage Auctions or to cancel or withdraw listings or to terminate entire services, where RAW2K LTD at its sole discretion reasonably believes it has compelling reasons to do so (including without limitation technical difficulties experienced by RAW2K LTD, a Dealer or on the Internet) and may in its absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings in respect of which there is a dispute (an "Intervention"). Where practical, RAW2K LTD shall provide reasonable advance notice to the Dealers of any Intervention. Similarly, RAW2K LTD will use its reasonable endeavours to process bids which are placed, but does not guarantee that any individual bid will be submitted. RAW2K LTD is in no respect bound or required to offer any of the Dealer Services - whether to all or any of the Dealers.
11.2 Access. The Dealer may not access the Dealer Services unless the Dealer is a registered user.
11.3 Passwords. The password used by the Dealer to access the RAW2K LTD site must not be passed or revealed to anyone else. The Dealer accepts full responsibility for any damage caused to the Dealer Services or to any other Dealer, user or third party as a result of such disclosure.
11.4 Salvaged Vehicles. The Salvaged Vehicles offered for sale on the Site shall each be categorised as either Category B, Category C, Category D or Category X. Unless expressly stated otherwise, all Salvaged Vehicles will have been reported to MIAFTR and will show up on vehicle checks.
11.4.1 A Category B Vehicle is a Salvaged Vehicle, which is so structurally damaged, or devoid of parts that it is not possible to repair it economically or safely. A Dealer who purchases a Category B Vehicle (a "Category B Dealer") shall be allowed to remove salvageable parts, and shall then be required to dismantle the Category B Vehicle and crush the shell, frame and chassis in accordance with ABI guidelines. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions, the insurance industry requires that these items must never be resold.
The processing of Category B Salvage must comply with the guidelines displayed in the "Code of Practice for the Disposal of Motor Vehicle Salvage" (ABI Code of Practice) issued by Motor Conference. (See 10.2.1 of this Document)
11.4.2 A Category C Vehicle is a Salvaged Vehicle, which is damaged to the extent that the retail cost of repair to the vehicle exceeds the retail pre-accident value thereof.
11.4.3 A Category D Vehicle is a Salvaged Vehicle, which is damaged to the extent that the retail cost of repair to the vehicle does not exceed the retail pre-accident value thereof.
11.4.4 A Category X Vehicle is a vehicle which has been subject to an insurance claim but which has sustained minimal or nil damage or which may have been repaired in accordance to manufacturers specifications, and therefore categorisation as pr the Code of Practice for the Disposal of Motor Vehicle Salvage does not apply.
11.5 Indication and Images. For each Salvaged Vehicle auctioned on the Site, RAW2K LTD shall provide an indication of the damage to the Salvaged Vehicle (the "Indication"), and one or more images (the "Images"). The actual condition of a Salvaged Vehicle may vary substantially from the Indication, and the appearance of the Salvaged Vehicle may vary substantially from the Images. The Indication is not intended as an authoritative, completely accurate description of the Salvaged Vehicle, and therefore may not be relied upon by the Dealer as such. The Images are not intended as a completely accurate representation of the appearance of the Salvaged Vehicle, and therefore may not be relied upon by the Dealer as such. Without limitation to any right of intervention in any Salvage Auction expressed elsewhere in these Terms and Conditions, RAW2K LTD explicitly reserves the right to intervene in any Salvage Auction to amend the Indication and/or the Images of any Salvaged Vehicle; notwithstanding that right, RAW2K LTD expressly excludes any responsibility or liability in respect of any Indication or any Images.
11.6 Inspection. RAW2K LTD may, in its sole discretion, make certain Salvaged Vehicles available for inspection by the Dealer (an "Inspection"). The Dealer is encouraged to conduct an Inspection whenever such Inspection is made available. For the avoidance of doubt, the Dealer does not have a right to an Inspection, and nothing in these Terms and Conditions obligates RAW2K LTD to provide an Inspection.
11.7 Misuse of the Dealer Services. RAW2K LTD reserves the right to suspend or terminate an account held by any Dealer which is or appears to be in breach of any of the provisions of these Terms and Conditions, including, without limitation, by providing false registration details or otherwise misusing the Dealer Services. Any person who holds such a suspended or terminated account may not re-register for the Dealer Services without RAW2K's prior written consent.
12 Bidding in Salvage Auctions
12.1 Bids. The winning bid in any Salvage Auction will be the highest bid, which exceeds any reserve and meets any other express conditions of the relevant Salvage Auction ("Winning Bid"). If a bid made by a Dealer is followed by a higher bid by another Dealer that is later removed by RAW2K LTD for any reason, RAW2K LTD may in its sole discretion decide whether to accept the remaining bid as the Winning Bid. For the avoidance of doubt, all unsuccessful bids will lapse after closure of the relevant Salvage Auction.
12.2 Bids are not retractable. If the Dealer places the Winning Bid, and the Dealer's bid is accepted, then that Dealer (the "Winning Bidder") shall be legally obligated to complete the transaction.
12.3 Without limiting any other remedies, RAW2K LTD may suspend or terminate a Dealer account if the Dealer is found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site (including but not limited to bid manipulation).
13.1 RAW2K LTD shall not make credit terms available to, or otherwise extend credit to Dealers using the Dealer Services.
13.2 VAT. The prevailing VAT rate (currently 20%) will be applied to all commercial vehicle sales, and motor car sales that are covered by the VAT Act 1994 Section 4.
13.3 The Winning Bidder shall be required to make payment in full within 3 working days (the "Payment Period"), and in any case before a Salvaged Vehicle will be released from the holding garage (the "Contractor"). All payments are inclusive of VAT (where VAT is applicable).
For the avoidance of doubt no vehicle will be released until full payment has been received as cleared funds. RAW2K LTD does not accept liability for any payment or release of vehicles delayed by the incorrect following of the payment procedures in 13.4.
13.4 The following payment options will be available:
(i) Credit / Debit Card - call RAW2K on 01226 297696 for this option. With this method release notes for the vehicle will be issued immediately.
(ii) Cash payment will only be accepted at the RAW2K Barnsley Headquarters, cash will not be accepted at the Storing Agents yard.
FAO Payments Dept.
11 Maple Estate
If payment for vehicle is made late you may not have all or any of the collection time and storage charges may be imposed.
13.5 If any payment in respect of any Salvaged Vehicle is due to RAW2K LTD but not paid within the Payment Period (an "Unclaimed Vehicle"), then interest will be charged on that payment at an annual rate (but with interest accruing on a daily basis) of 1% above the base rate from time to time of Yorkshire Bank Plc, such interest to accrue from the due date for such payment until the date of actual payment of all sums outstanding.
13.6 Notwithstanding any other provision in these Terms and Conditions, RAW2K LTD hereby reserves the right, in its sole discretion, to dispose of any Unclaimed Vehicle in whatever way RAW2K LTD decides, including, but not limited to the following:
(i) offering the Unclaimed Vehicle to another bidder who participated in the relevant Salvage Auction; and
(ii) re-auctioning the Unclaimed Vehicle on the Site.
13.7 RAW2K LTD reserves the right to cancel the registration and all associated rights of any Winning Bidder who does not make payment in full within the Payment Period.
14 Collection of Salvaged Vehicles
14.1 The Dealer must collect the Salvaged Vehicle from the Contractor within two working days after notification by RAW2K LTD that the vehicle is now ready for collection via the issuing of a release note ("Collection Period"). If the vehicle is not picked up within this collection period RAW2K LTD reserve the right to dispose of the vehicle in whatever way it decides. The dealer will be refunded the purchase price minus an administration fee of £150.
14.2 The Dealer shall be responsible for any storage and handling costs ("Storage Fees") accrued from the end of the Collection Period forward. The Storage Fees, which shall be calculated at a rate of £10.00 per day, increasing to £20 per day from the 14th day after notification by RAW2K LTD that the Dealer has placed the winning bid must be paid to the Contractor before the Salvaged Vehicle may be collected.
For the avoidance of doubt no vehicle will be released without the production of the relevant release note.
14.3 The dealer should upon delivery or collection check the vehicle as this is deemed to be the point at which the dealer has accepted the vehicle. Refunds and compensation will not be given under any circumstances on a vehicle after a dealer has accepted it.
14.4 The Dealer hereby agrees that it shall use suitable vehicles for the collection of the Salvaged Vehicles, such vehicles to be roadworthy and safe, fit or purpose, generally presentable and comply with all relevant legislation.
14.5 The Contractor may, in its sole discretion, offer to deliver the Salvaged Vehicle to the Dealer. Such arrangement, if made, is strictly an agreement between the Contractor and the Dealer, and in no way involves, includes or obligates RAW2K LTD.
14.6 Title to the Salvaged Vehicles shall pass to the Dealer upon payment by the Dealer of all monies owed, including the winning bid price and any accumulated Storage Fees, and the tender of the Salvaged Vehicle to the Dealer or to the Dealer's designated agent or carrier.
For the avoidance of doubt the collection of a vehicle from the Contractor's premises is taken as unconditional acceptance of that vehicle.
15 Exclusion of Warranties
15.1 All representations, warranties and conditions, express or implied, statutory or otherwise in respect of the Salvaged Vehicles are expressly excluded to the fullest extent permitted by law (including without limitation warranties and conditions as to fitness for purpose, description, and satisfactory quality).
15.2 The Dealer hereby acknowledges and agrees that any Salvaged Vehicle purchased by the Dealer shall be purchased in its state and condition at the time of purchase subject to all faults and defects ("as is"). The Dealer further specifically acknowledges that the Salvaged Vehicle purchased "as is" may be damaged, defective or otherwise unmerchantable, and upon collection / delivery fully accepts the vehicle in this condition.
16 Dealer's Obligations After the Sale
16.1 The Category B Dealer hereby agrees to comply with the ABI Code of Practice and all other laws and regulations with respect to the removal of useable parts and the destruction of Category B Vehicles, whereby once salvageable parts have been removed the shell, frame and chassis must be crushed. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions, the insurance industry requires that these items must never be resold.
16.2 The Category B Dealer hereby agrees that it shall:
(i) within two (2) months of the purchase of the Category B Vehicle, send to RAW2K's designated agent an image of the vehicle subsequent to breaking the vehicle, but prior to crushing it; and
(ii) provide to RAW2K LTD or RAW2K's designated agent access to the Category B Dealer's vehicle storage location, and provide assistance in locating any Category B Vehicle for which an acceptable image has not yet been provided for confirmation of identification.
16.3 The Category B dealer shall send the V860 Certificate of Destruction to the DVLA, and shall attach a completed copy of the V860 Certificate of Destruction to the image sent to RAW2K's designated agent pursuant to Section 16.2, above.
16.4 The Category B Dealer hereby agrees that it shall not either:
(i) subcontract the destruction of the Category B Vehicles; or
(ii) resell the Category B Vehicles purchased on the Site.
16.5 The Dealer, whether a Category B Dealer or not, agrees to indemnify and hold RAW2K LTD harmless from and against any third party claims, demands, action or causes of action arising out of or in connection with the Dealer's subsequent resale or disposal of a Salvaged Vehicle, whether a Category B Vehicle or not.
17.1 Liability. RAW2K LTD expressly excludes any liability for any of the following:
(i) any claim in respect of any stolen vehicles that may have been offered for auction on the Site;
(ii) any faulty vehicles offered for auction on the Site;
(iii) any misrepresentation (whether innocent, negligent or fraudulent) made in respect of any Salvaged Vehicle in connection with any Salvage Auction or the Dealer Services;
(iv) damage caused to the Dealer Services or affecting any Salvage Auction or damaging or otherwise affecting any property (including, without limitation, any website, computer system or intellectual property) of any Dealer, user or third party which damage results from any fraudulent use or electronic "hacking" of the Dealer Services; and
(v) any link on the Dealer Services to any other website or part of the internet.
17.2 Consequential loss. RAW2K LTD shall not be liable to the Dealer or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, RAW2K LTD. Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit RAW2K's liability for death or personal injury resulting from RAW2K's negligence.
17.3 Dealer Indemnity. The Dealer hereby agrees to indemnify RAW2K LTD against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by the Dealer.