Terms and Conditions – BCA Poland

A. General Provisions

1.    These terms apply to all auctions conducted by BCA Polska Sp. z o.o. (hereinafter BCA) and to sale of vehicles by BCA for the benefit of auction participants (hereinafter: Participants).

2.    These rules and regulations refer solely to auctions conducted in Poland. 

3.    The objects of auctions are used vehicles which, at the moment of conducting the auction constitute the property of third parties (Suppliers). After selection of a winner, BCA acquires ownership of a vehicle and re-sells it to the auction participant upon principles described below. In any case, the condition for selling the vehicle to the participant who won the bidding for the vehicle, is the approval of the bid amount by the vehicle supplier. 

4.    BCA shall not be entitled to file statements in a manner binding for the Suppliers or to accept such statements. The auctions organized by BCA do not constitute auctions within the meaning of the provisions of the Polish Civil Code, but they are only used for selecting purchasers of vehicles with whom BCA may conclude a sale contract for the benefit of Suppliers. 

B. Terms of Admission to an Auction

1.    The condition for participation in an auction is registration of a participant via the Internet site belonging to BCA.

2.    The participants may only be persons conducting business activity whose object is sale of vehicles. The fact of conducting such business activity should be documented during registration.

3.    Registration takes place by filling in a form available at the above-mentioned Internet site. The registration requires attachment of the following documents:

a) in the case of natural persons conducting business activity personally:
- certificate on entry in the Register of Business Activity in the form of a print-out from the Central Registration and Information on Business (CEIDG) Internet site;
- certificate on the granting of VAT registration number (NIP);
- certificate concerning the State Statistical Number (REGON);
- copy of the participant’s identity card.

b) in the case of commercial law companies:
- certificate on entry in the Register of Business Activity in the form of a print-out from the Central Registration and Information on Business (CEIDG) Internet site;
- certificate on the granting of VAT registration number (NIP);
- certificate concerning the State Statistical Number (REGON);
- identity cards of members of the management board or partners representing the company.

c) in case a proxy acts on the behalf of a participant, apart from the above-mentioned documents, it is necessary to attach a power-of-attorney with a stamp and legible signature of the participant, as well as the identity card of the proxy. BCA shall be immediately informed about revoking of the power-of-attorney. In case BCA has not been informed about revocation of the power-of-attorney, the participant shall be bound by activities of the proxy performed within the scope of the original authorization.

d) After successful process of registration, acceptance of a participant takes place within 2 business days. The participant shall be notified via e-mail sent to the address provided in the registration form about acceptance. The message shall contain a login and a password which the participant should change immediately to his/ her own password and should not make it available to third parties.

4.    Participants cannot register under different names or make use of fake identity.

5.    In the case of change of data encompassed by submitted documents, the participant shall be required to notify BCA about this fact immediately.

6.    BCA reserves the right to refuse registration of a participant or to exclude the participant from an auction without specifying the reasons.

7.    BCA reserves the right of blocking a Buyer at all BCA auctions in Europe without an earlier notice, in particular in the following cases:
a- false data was submitted during registration;
b- there was a delay in payment or collection of the vehicle that was auctioned;
c- the participant did not fulfill the terms of the contract;
d- bankruptcy or recovery proceedings are pending with respect to the participant.

8.     BCA reserves a right to exclude a Participant from participation in an auction without specifying the reason.

C. Vehicle Inspection

1.    Vehicles constituting the object of an auction shall be made available for the purpose of inspection at a date agreed on the telephone or via e-mail, however not earlier than as of the date of commencement of an auction and at the latest on the date preceding the end of auction.

2.    Inspection of the vehicle may take place solely in the company of a BCA employee. Entry to the area of the parking site shall be possible after showing an identity document and receiving a pass.

3.    During inspection, starting the engine or test ride is not permitted.

4.    Stay of the participants in the area of the BCA parking site is governed by rules and regulations available in the registered office of the company. In the case of failure to comply with the rules and regulations, BCA shall have a right to order the Buyer to leave the area of the parking site.

5.    The possibility of inspection shall only apply to vehicles located at the BCA parking site in Klaudyn. In the case of vehicles located on other parking sites, the purchase takes place solely on the basis of an expert’s opinion.

6.    In the event of the existence of a status report by an expert office, the report is retrievable from the BCA website. In case of deviations from the general vehicle description, the information and data of the status report are exclusively decisive for the content and extent of the purchase offer.

D. Course of Auction

1.    The auction encompassing a given group of Suppliers starts at 12:00 on a given day of week and lasts one week until 12:00. In case the end of the auction falls on a holiday or another day statutorily free from work, BCA reserves the right to shorten or to extend the duration of an auction. The exact time of auction duration shall be specified during every auction round.

2.    Immediately after the end of auction, there is an extra-bid, the so-called X-bid in the course of which within 20 seconds the price of every vehicle may be increased. After each price increase, the counting of time starts anew. If the price is not raised within 20 seconds, the auction is won by a participant who offered the highest price (hereinafter: the Buyer), whereas the knock-down takes place on the condition of exceeding the minimum price.

3.    The participants bid on vehicles in net amounts in PLN. The amount of one bid increment equals PLN 400. When bidding on a vehicle, the Participants file binding and irrevocable offers for purchasing the vehicle from BCA from the above-mentioned price.

4.    In case the highest bid fails to reach the minimum price determined by the Supplier, BCA may accept such offer after its approval by the Supplier.

5.    The Buyer shall be bound by the offer for the period of 14 days from the end of an auction.

E. Payment and Transfer of Vehicle Ownership

1.    After the Supplier confirms its readiness to sell the vehicle for the bid price, the Participant shall receive a pro-forma invoice at the address indicated by it, which shall constitute the basis of payment. The invoice shall encompass the vehicle purchase price, the BCA commission and the cost of the technical report.

2.    Sending the pro-forma invoice to the address indicted by the Buyer shall constitute acceptance of offer by BCA; as of this moment, a vehicle sale contract is concluded between BCA and the Buyer.

3.    The Buyer shall be required to settle the amount indicated on the invoice via a bank transfer within 4 days from the date of invoice. In the case of no payment within the stipulated deadline, BCA shall have a right to withdraw from the sale contract by sending a statement to the Buyer’s e-mail address. In such a case, the Buyer shall be required to cover the costs of the vehicle parking until the moment of its sale by BCA or withdrawal by the Supplier.

F. Collection of Vehicle

1.    Issue of the vehicle shall only be possible after collecting vehicle documents and crediting the payment at the BCA account. On the condition of acceptance by the Supplier of the auctioned amount and the Buyer’s making a transfer of the amounts specified in the pro-forma invoice, BCA shall, within 5 business days from the end of auction, notify the Buyer about its readiness to issue the vehicle.

2.    Collection of the vehicle shall take place from the BCA parking site or another place where the vehicle has been parked.

3.    Collection of the vehicle shall be possible solely upon earlier determination of the date via telephone or e-mail on business days between 10:00 a.m. and 3:00 p.m.

4.    The Buyer who failed to collect the vehicle within 7 days from the date of notification of BCA’s readiness to issue the vehicle due to reasons not attributable to BCA, shall be required to settle a fee of PLN 200 net for each day of parking of the vehicle after the lapse of the 7-day deadline. In such a case, the collection of vehicle shall take place after settlement of the fee for delay in collection, whereas irrespective of this, the Buyer shall be required to determine a collection date.

5.    BCA shall not be liable for assistance in starting up and loading the vehicle.

6.    Collection of the vehicle shall be possible only after acknowledgement of receipt of accessories, keys and documents.

7.    In case there are any difficulties with obtaining specific documents of the vehicle, they shall be sent to the Buyer via post immediately after obtaining them.

8.    Collection of the vehicle by a proxy shall be possible only pursuant to a power-of-attorney granted on a BCA form with a signature of the Buyer and the company stamp.

4.    The right of ownership to the vehicle shall be transferred onto the Buyer as of the moment of settlement of the sale price, if the payment took place within 4 days or at the moment of issue of the vehicle if the payment takes place after this deadline, and BCA does not withdraw from the contract before the crediting of funds. However, the risk of accidental loss or damage of the vehicle is transferred onto the Buyer at the latest as of the moment when the Supplier was required to collect the vehicle or at the moment of lapse of the payment deadline of the pro-forma invoice – in a situation when the payment was not made on time.

G. Fees

1.    Irrespective of the obligation of the settling the auctioned price, the Buyer shall be burdened with the following fees:

- commission on each sold vehicle in the amount of 2% of the net value of the auctioned vehicle price, not less than PLN 1,400 net whereas in the case of vehicles auctioned for the amount lower than PLN 20,000 net, the commission shall amount to PLN 850 net;

- fee for technical report concerning the vehicle in the amount of PLN 185 net;

- in the case of failure to collect the vehicle within a specified deadline, a fee amounting to PLN 200 net for each commenced day of vehicle parking;

- in case BCA withdraws from the sale contract, the Buyer – until the moment of new sale shall be charged with the amount of PLN 200 net for each day of the vehicle parking, starting from the day following the end of auction until the date of renewed sale of the vehicle.

2.    All amounts listed in these terms as “net” amounts shall be increased by VAT at the statutory rate.

H. Liability of BCA

1.    BCA shall only admit entities which are professionally involved in vehicle trade to auction. The Buyer acknowledges that the BCA auction system is aimed at providing the buyers with the possibility of purchasing a vehicle for an attractive price; in exchange for this, the Buyer accepts the risk related to the technical status of the purchased vehicle. The Buyer acknowledges that the liability of BCA shall be limited to entrusting the investigation of the technical status from a specialist entity. Neither BCA nor the Supplier guarantee the technical condition of the vehicle. In particular, BCA shall not be liable for physical defects of the vehicles. The vehicles subject to auctions are used vehicles and on account of their age and mileage they may show operational use or have defects. The liability of BCA for defects of vehicles is excluded within limits permissible by mandatorily binding legal provisions.

2.    BCA shall not be liable for the reliability of the technical report. The Buyer acknowledges that BCA does not hire employees qualified to investigation of the technical condition of the vehicle and that BCA employees do not independently perform inspections of vehicles. The Buyer acknowledges that in the case of used vehicles, there is no possibility of excluding defects which are going to be revealed in the course of further use and bears full liability for discrepancies between the technical condition of the vehicle and the content of the technical report.

3.    BCA shall not be liable for accidental deterioration of the condition of the vehicle or damages related to long-term standstill of the vehicle.

4.    BCA shall not be liable if sale of the vehicle is not possible due to the Supplier’s fault and in particular when the Supplier failed to provide the relevant documents.

I. Complaints

1.    In special cases, BCA may take into account a complaint notified by the Buyer on the condition that such complaint will be taken into account by the Supplier. In no case shall BCA be required to examine complaints and it is not vested with an obligation of submitting the complaints to the Supplier.

2.    Complaints cannot be filed after the lapse of the day following the date of vehicle acceptance. The date of complaint shall be the date of receipt of the complaint in writing or at the e-mail address.

J. Final Provisions

1.    The terms of an auction may be changed by BCA. Change in the conditions shall be effective with respect to auctions conducted after its announcement.

2.    Issues not provided for herein shall be governed by the provisions of the Polish Civil Code.