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IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE

Terms and Conditions of Website Use

These terms and conditions, our Privacy Policy, Cookie Policy and all additional terms and conditions or disclaimers with reference to or displayed on the website whether by hypertext link or otherwise set out the terms on which you may make use of our website https://usedassets.leasingsolutions.bnpparibas.co.uk (our/the site), whether as a guest or a registered user (Terms of Use). Use of our site includes accessing, browsing, or registering to use our site.
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie Policy, which sets out information about the cookies on our site.

Please read these Terms of Use carefully before you start to use our site. By using our site, you confirm that you agree to be legally bound by the Terms of Use and that you agree to comply with them. We recommend that you print a copy of this for future reference.
If you do not agree to these Terms of Use, you must not use our site.

Information About Us
https://usedassets.leasingsolutions.bnpparibas.co.uk is a site operated by Motrada Handels GmbH on behalf of BNP Paribas Leasing Solutions Limited. (We). We are registered in England and Wales under company number 00901225 and have our registered office at Northern Cross, Basing View, Basingstoke, Hampshire RG21 4HL. Our VAT number is GB 313483672. We are a limited company.


1 Definitions of Words and Expressions
In these Terms and Conditions the following words and expressions shall have the following meanings:

"Affiliates" means, in relation to a party, any company which is for the time being a holding company of that party or a subsidiary of that party or of any such holding company and "holding company" and "subsidiary" shall have the meanings set out in section 1159 of the Companies Act 2006;

"Confidential Information" means all confidential or proprietary information (however recorded or preserved) that is disclosed or made available (in any form or medium), directly or indirectly, by Us and/or any of our Affiliates (or any of their respective employees, officers, agents or advisers) to You (or any of your respective employees, officers, agents or advisers) in connection with the Pre-owned Assets and/or Website;

"Pre-owned Assets" means the pre-owned assets listed on the Website by Us and/or our Affiliates time to time;

"Offer Period" has the meaning given to it under clause 5.13;

"Services" means the content, features and functionality provided via this Website to facilitate the online offering through which We and/or our Affiliates list Pre-owned Assets and You can make bid offers on such Pre-owned Assets;

"Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise;

"Territories" means the European Union.

"Website" means this online website located at https://usedassets.leasingsolutions.bnpparibas.co.uk or any subsequent URL used by Us from time to time;

"We"/"Us"/"Our" means BNP Paribas Leasing Solutions Limited (company number 00901225) whose registered office is at Northern Cross, Basing View, Basingstoke, Hampshire RG21 4HL;

"You" means the person accessing and using this Website and/or the legal entity you represent during the course of employment or engagement by that entity.


2 Online Service
2.1 This Website acts as an online venue to allow Us and our Affiliates to list Pre-owned Assets and to provide You with the opportunity to make bid offers on such assets. A bid offer on Pre-owned Assets via the Website is an offer by You which We may or may not accept, and until accepted We shall not be bound to sell that asset to You.
2.2 We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. Your continued use of the Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments.
2.3 The Website and Services are made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, change or carry out maintenance in respect of all or any part of the Website without notice. We will not be liable to You if for any reason the Website is unavailable at any time or for any period.
2.4 You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.


3 Participation in the Online Service
3.1 You can browse the Website at any time without registering. To use the Services, You are required to register as a user by completing the online registration form. You should only register if You qualify for membership by meeting the requirements in clause 3.2 below.
3.2 The Services are only available to users who:
(a) are business users, using the Services for business purposes;
(b) are aged 18 years and over (and by registering and accepting these Terms and Conditions You represent to Us that You are not a minor and can form legally binding contracts under English law);
(c) are resident in the Territories(and by registering and accepting these Terms and Conditions You represent to Us that You are resident in the Territories); and
(d) satisfy any know your customer checks We may carry out from time to time.
3.3 If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions under English law. Without prejudice to your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.
3.4 You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the link on the Website.
3.5 You warrant and undertake to Us that all the information supplied to Us on the online registration form is true and accurate.
3.6 We reserve the right in our sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered user accounts at any time.


4 User Name and Passwords 4.1 You are solely responsible for keeping your user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
4.2 You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorised or unauthorised.
4.3 You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Services.
4.4 If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.
4.5 You agree and warrant that You will implement and comply with the above procedures.
4.6 We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where We have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than You.


5 General rules governing bidding and buying
5.1 The sale of all Pre-owned Assets will be subject to formal acceptance by Us. Your bid offer on Pre-owned Assets via the Website is an offer by You to buy the Pre-owned Assets at that price (plus value added tax), which we may or may not accept.
5.2 You can only make a bid offer on Pre-owned Assets and use the Services if You are registered. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the Services.
5.3 All bid offers will be made in Pounds Sterling (£) and will be exclusive of value added tax. You are responsible for ensuring that You have sufficient funds to cover any and all successful bid offers made on Pre-owned Assets.
5.4 Any bid offers that you make via this Website will constitute a contractually binding and irrevocable offer to buy the relevant Pre-owned Asset from Us and/or our Affiliates (as appropriate). You may not retract a bid offer except in the following limited circumstances:
(a) You entered the wrong bid offer amount (you should make a new bid offer for the correct amount shortly after you retract your incorrect bid offer); or
(b) the Pre-owned Asset does not materially comply with the description provided in relation to it on the Website.
5.5 You acknowledge that each bid offer made by You may be valid for a period of up to 30 days, unless the relevant Pre-owned Asset listing is subject to early closure by Us in accordance with these Terms and Conditions.
5.6 For the avoidance of doubt, all bid offers will remain open and liable to acceptance by Us until payment for the relevant Pre-owned Asset has been received by Us. When payment has been received by Us, the relevant Pre-owned Asset listing will close and all unsuccessful bid offers will lapse.
5.7 If your bid offer is followed by a higher bid offer, which is later removed by Us for any reason, it will be open to Us to accept your bid offer, as though the higher bid offer had never been made.
5.8 Unless expressly stated otherwise, all Pre-owned Asset listings will finish at the time specified in the relevant listing. Any bid offers received by Us after this time will not count as eligible bid offers. We accept no responsibility for any circumstances of any nature for damage or loss resulted from misdirected, lost or incomplete bid offers arising from computer malfunctions, viruses, bugs or other such causes. Proof of sending will not be accepted as proof of receipt.
5.9 We are entitled to set minimum bid offer thresholds, minimum starting bid offers and/or reserve requirements and are entitled (at our sole discretion) to change these during the listing period of the Pre-owned Asset.
5.10 By making a bid offer on a Pre-owned Asset You agree to be bound by (in addition to our Sale Terms set out below) any additional conditions of sale included in the Pre-owned Asset's description on the Website.
5.11 Any bid offer you make on a Pre-owned Asset will remain open for the period specified on the Website.
5.12 Subject to Us or our Affiliates (as appropriate) formally accepting an offer from You to buy the Pre-owned Asset, the winning bid offer will be the first highest bid offer that exceeds the reserve price (if any) and meets the conditions that are specific to the Pre-owned Asset listing.
5.13 If You make the highest bid offer on a Pre-owned Asset listing and that listing has ended, We will contact You to confirm whether We or (if appropriate) our Affiliates, wish to proceed with the sale of the relevant Pre-owned Asset to You (Offer Period). Until You receive formal confirmation from Us or our Affiliates (as appropriate) that We or our Affiliates agree to sell the Pre-owned Asset to You, nothing shall be construed as an offer by, or any representation or warranty to sell that asset to You.
5.14 If You make a bid offer for a Pre-owned Asset via the Website, You acknowledge and agree that if You have placed the highest bid offer which is (where applicable) at or above any reserve price or minimum bid offer and We have formally accepted your offer to buy the Pre-owned Asset at the bid offer price, You have entered into a legally binding contract to buy that Pre-owned Asset from Us or our Affiliates (as appropriate) on the Sale Terms.
5.15 We have full discretion to refuse to accept your bid offer (on any one or more listed Pre-owned Assets) and/or withdraw any Pre-owned Asset listing for whatever reason at any time even if yours is the highest bid offer. We also reserve the right to cancel or stop any Pre-owned Asset listing at any time, such as where we have found a buyer for that asset.
5.16 We reserve the right to refuse or remove bid offers on the grounds of illegal behaviour or non-compliance with these Terms and Conditions.
5.17 We reserve the right to close any of Our Pre-owned Asset listing early or to extend it at any time and at Our sole discretion. A Pre-owned Asset listing may be cancelled or delayed for any reason, including, but not limited to, technical, practical or operational difficulties experienced by Us and/or our site or issues involving the relevant Pre-owned Asset.
5.18 If for whatever reason We are unable to contact You within Offer Period and/or there is a problem with your payment, then We will be entitled in our absolute discretion to do any one or more of the following (without liability to You): (i) offer the asset to the next highest bidder; (ii) re-list the asset; and/or (iii) dispose of the asset by any other means.
5.19 If there is a dispute between You and another user, We are under no obligation to become involved in such dispute, although We reserve the right to take over the conduct of any claim or proceedings as its own should We choose to do so.


6 Payment
You shall make payment for Pre-owned Assets in accordance with our Sale Terms set out below.


7 Use of the Website and Services
7.1 While using or accessing the Website and Services You will not:
(a) post, list or upload inappropriate content or items on the Website;
(b) breach or circumvent any laws, third party rights or our policies;
(c) infringe the copyright, trademark or other rights of third parties;
(d) fail to pay for Pre-owned Assets which We or our Affiliates have agreed to sell to You;
(e) manipulate the price of any Pre-owned Asset listing;
(f) post false, inaccurate, misleading, defamatory, or libellous content;
(g) transfer your account and user ID to another party without our consent;
(h) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(i) distribute viruses or any other technologies that may harm Us, the Website, the Services or the interests or property of other users;
(j) use any robot, spider, scraper or other automated means to access our Services or Website for any purpose.
(k) interfere with the working of the Website and our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
(l) copy, modify, or distribute rights or content from our Website or our copyrights and trademarks;
(m) create any false accounts or place false bids in order to inflate any offer bids on Pre-owned Asset listings;
(n) unless otherwise agreed, place a bid offer on Pre-owned Assets which are not available for collection and/or delivery in your country;
(o) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services or Website without our prior express written consent and/or appropriate third parties (as applicable); or
(p) harvest or otherwise collect information about other users, such as email addresses, without their consent.
7.2 Without limiting any other remedies, We may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel bid offers and remove Pre-owned Asset listings, delay or remove hosted content, remove any special status associated with any user account, reduce or eliminate any discounts, and take technical and legal steps to keep You from using our Services if (in our sole opinion and in our absolute discretion) any one or more of the following arise:
(a) We believe that You are creating possible legal liabilities for Us;
(b) We believe that such restrictions will improve the security of the Website and/or Services and/or reduce our or another user's exposure to financial liabilities;
(c) We believe that you are infringing the rights of third parties;
(d) We believe that you are acting inconsistently with the letter or spirit of these Terms of Use, our policies or abuse our employees or other users; or
(e) We are unable to verify or authenticate any information You provide to us.


8 Intellectual Property Rights
8.1 You are granted a limited licence to access and use this Website solely for the purposes of use connected with the Services. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by Us and/or third party licensors and may not be copied, downloaded, distributed or published in any way without our and/or their prior written consent.
8.2 You are not permitted to use any trademarks or service marks whether registered or unregistered of Us and/or our Affiliates without our and/or our Affiliates prior written consent. You may not frame or utilise framing techniques that include any proprietary information such as images, text or page layout without our prior written consent. You may not use any "metatags" or any other type of hidden text that uses any trade marks or service marks without our prior written consent.
8.3 You agree not to copy, modify, download (other than page caching), store or sell any part of this Website or these terms without our prior written consent.
8.4 Any information provided by this Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the Services via this Website.


9 Data Protection
You agree that any and all personal information and data collected from You via this Website was part of the Services from time to time and may be used in accordance with our current our Privacy Policy.


10 Confidentiality
10.1 In return for Us making Confidential Information (if any) available and for providing the Services to You, You undertake to Us and each of our Affiliates that You will:
(a) keep the Confidential Information secret and confidential;
(b) not use or exploit the Confidential Information in any way;
(c) not directly or indirectly disclose (or allow to be disclosed) or otherwise make available any Confidential Information to any person, except as expressly permitted by, and in accordance with the Terms and Conditions;
(d) not make any copies, except as expressly permitted by, and in accordance with the Terms and Conditions;
(e) ensure that no person gets access to or obtains any Confidential Information from You or your respective officers, employees or agents, except as expressly permitted by, and in accordance with the Terms and Conditions; and
(f) inform Us immediately on becoming aware, or suspecting, that Confidential Information has been disclosed to, or otherwise obtained by, an unauthorised third party.
10.2 Notwithstanding clause 10.1, You may disclose Confidential Information to:
(a) your bankers and potential investors and their professional advisers or consultants for the purpose of securing financing in relation to a Pre-owned Asset; and
(b) third parties whom We agree in writing may receive such information.


11 Limitation of Liability
11.1 Nothing in these Terms and Conditions shall exclude or limit liability:
(a) for death or personal injury resulting from negligence to the extent prohibited by United Kingdom statute;
(b) for fraud; or
(c) to the extent such limitation or exclusion is not permitted by law.
11.2 Subject to clause 11.1 above:
(a) We and/or our Affiliates will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) the use of, or inability to use, the Website and/or Services; or
(ii) use of or reliance on any content displayed on the Website;
(b) use of the Website and Services are at your sole risk. We and our Affiliates will not be liable for any indirect or consequential loss or damage howsoever arising as a result of your use or reliance on the Website or Services to the maximum extent permitted by law;
(c) We and our Affiliates will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation whether direct or indirect;
(d) We and our Affiliates exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with the Services and the Website to the fullest extent permitted by law; and
(e) any software downloaded from this Website or as part of the Services is at your own risk and We and our Affiliates do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, trojan horses, worms, software bombs or other similar programs arising from your use of this Website. Whilst we will reasonable endeavours to ensure that the Website is free from such destructive programs, it is your responsibility to take reasonable precautions to scan for such destructive programs.
11.3 Without prejudice to clause 11.2, the maximum aggregate liability of Us and/or our Affiliates under or in connection with the Website and/or Services in respect of all acts, omissions whether in contract, tort (including, without limitation, negligence), under statute or otherwise shall not exceed the aggregate the sum of £50,000.
11.4 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Pre-owned Asset to You, which will be set out in our Sale Terms below.


12 No Reliance On Information
12.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
12.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.


13 User Indemnity
13.1 You agree to fully indemnify, defend and hold Us and our Affiliates harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) We and/or our Affiliates incur arising directly or indirectly as a result of your breach of these Terms and Conditions.


14 Notices
14.1 Except as otherwise stated, any notices that you wish to send to Us and/or our Affiliates should be e-mailed to: assetman.leasingsolutions@uk.bnpparibas.com. Any notices that We may wish to draw to your attention will be sent to you by email.
14.2 Notices will be deemed received upon confirmation of complete receipt being given by Us.


15 Third Party Rights
15.1 These Terms and Conditions do not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except that each of our Affiliates may enforce any rights or benefits they may have under these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
15.2 The parties to these Terms and Conditions may by agreement rescind or vary these Terms and Conditions without the consent of any other person.


16 General Information
16.1 You may not use any part of the Website on any other website or link to the Website without our prior written consent.
16.2 We reserve the right to transfer, assign or sub-contract all or any of our rights and obligations under these Terms and Conditions to another party. You shall not assign or transfer any of your rights or obligations under these Terms and Conditions (whether in whole or in part) without our prior written consent.
16.3 Headings have been included for convenience only and will not be used in construing any provision of these Terms and Conditions.
16.4 No delay or failure by Us and/or our Affiliates (as appropriate) to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
16.5 If there is a conflict between the applicable terms of these Terms and Conditions, our Sale Terms, and any other applicable terms and conditions then each document shall have precedence in the following order:
(a) the applicable terms of our Terms and Conditions;
(b) Our Sale Terms; and
(c) any other terms and conditions.
For these purposes, an omission shall not by itself be considered to give rise to any conflict.
16.6 If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
16.7 To the extent permitted by applicable law, these Terms and Conditions, its subject matter and its formation (and any non-contractual disputes or claims) will be construed in accordance with and governed by the laws of England. The parties agree to submit to the exclusive jurisdiction of the courts of England in relation to all claims, differences and other matters (including non-contractual claims and obligations) arising under or in connection with these Terms and Conditions.


Sale Terms
These terms and conditions of supply will apply to any contract between us and You for the sale of Pre-owned Assets (Sale Terms). Please read these Sale Terms carefully and make sure that You understand them, before making a bid offer on any listed Pre-owned Assets. By completing the sale of a Pre-owned Asset, You agree to be bound by these Sale Terms. In these Sale Terms words and expressions shall have the meanings respectively assigned to them in the Terms and Conditions of Website https://usedassets.leasingsolutions.bnpparibas.co.uk, unless the context would clearly indicate otherwise.


1 How the contract is formed between You and Us
1.1 After You have placed a bid offer on a Pre-owned Asset you will (except in the case of auction bids) receive an e-mail from Us acknowledging that we have received your bid offer. This acknowledgement does not constitute an offer by, or any representation or warranty on the part of Us and/or any of our Affiliates to sell that asset to You.
1.2 If You make the highest bid offer on a Pre-owned Asset listing and that listing has ended, We will contact You within the Offer Period to confirm whether We or (if appropriate) our Affiliates, wish to proceed with the sale of the relevant Pre-owned Asset to You. Until You receive formal confirmation from Us or our Affiliates (as appropriate) that We or our Affiliates agree to sell the Pre-owned Asset to You, nothing shall be construed as an offer by, or any representation or warranty to sell that asset to You.
1.3 We and/or our Affiliates (as appropriate) will confirm our acceptance to sell a Pre-owned Asset to You by sending you an e-mail that confirms that We or our Affiliates wish to sell the Pre-owned Asset to You (Sale Confirmation). The contract of sale between Us or our Affiliates (as appropriate) and You for the relevant Pre-owned Asset will only be formed when We send You the Sale Confirmation.
1.4 You acknowledge that the Pre-owned Asset may differ from the photographic images displayed on the Website.
1.5 You acknowledge that all the information provided as a description of the relevant Pre-owned Asset is reproduced by Us in good faith and is consistent with information supplied to Us. As such, We will not be held responsible for inaccurate or misleading product descriptions and will have no liability to You for any loss (whether direct, indirect or consequential) or inconvenience arising from such inaccuracy.


2 Price, Title and Charges
2.1 Unless otherwise stated in the Sale Confirmation, the price for the relevant Pre-owned Asset will be the successful bid offer (in pounds sterling) made by You excluding value added tax (Price).
2.2 All sums payable by You are expressed to be exclusive of value added tax (or its equivalent in the relevant jurisdiction applicable) and shall be in pounds sterling. You shall pay to Us (or, at our election, the relevant tax authority) such additional amounts in respect of value added tax (or its equivalent in the relevant jurisdiction applicable) at the rate and in the manner prescribed by law from time to time.
2.3 Title to a Pre-owned Asset shall remain with Us or our Affiliates (as appropriate) until You have paid for it in full. Liability for the risk of loss of or damage to a Pre-owned Asset shall pass to You upon receipt by Us of payment for the Pre-owned Asset.
2.4 The sale of the Pre-owned Asset will be on an “as is, where is” basis and We shall give no representation, condition or warranty in relation to any such Pre-owned Asset other than that We have title to the Pre-owned Asset, and all implied contractual terms in relation to the Pre-owned Asset shall be expressly excluded to the full extent permitted by law.
2.5 You shall arrange collection of the Pre-owned Asset from Us and shall bear all costs, fees, charges, penalties and expenses relating to and in connection with the collection, shipment or transportation of the Pre-owned Asset.


3 Payment Terms
You shall within seven days of receipt of the Sale Confirmation pay by electronic bank transfer to our designated bank account the Price.


4 Collection and Acceptance
4.1 Upon collection of the Pre-owned Asset, You are solely responsible for ensuring that the Pre-owned Asset is in compliance with all applicable laws, rules and regulations. You warrant, represent and undertake that You have and shall maintain in force in all relevant jurisdictions all consents, licences, authorisations and approvals that may be required by, and shall comply with, all applicable laws, regulations and codes of conduct relevant to the Pre-owned Asset in relation to:
(a) the possession of the Pre-owned Asset; and/or
(b) your activities in relation to the Pre-owned Asset.
4.2 Upon collection of the Pre-owned Asset, You shall inspect the Pre-owned Asset. Should your inspection reveal missing or damaged parts, You shall notify Us immediately. Failure to give notice of or specify in writing any deficiencies within the five business days following collection of the Pre-owned Asset shall constitute your acceptance of the Pre-owned Asset.


5 Limitation Of Liability
5.1 Nothing in these Sale Terms shall exclude or limit liability:
(a) for death or personal injury resulting from negligence to the extent prohibited by United Kingdom statute;
(b) for fraud; or
(c) to the extent such limitation or exclusion is not permitted by law.
5.2 Subject to clause 5.1 above:
(a) We and/or our Affiliates will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any use made and/or inability to use and/or resale of Pre-owned Asset(s);
(b) We and our Affiliates will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; and
(c) We and our Affiliates exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with the Pre-owned Asset to the fullest extent permitted by law.
5.3 Without prejudice to clause 5.1, the maximum aggregate liability of Us and/or our Affiliates under or in connection with these Sale Terms in respect of all acts, omissions whether in contract, tort (including, without limitation, negligence), under statute or otherwise shall not exceed the aggregate the sum of £100,000.


6 Indemnity
You agree to fully indemnify, defend and hold Us and our Affiliates harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) We and/or our Affiliates incur arising directly or indirectly as a result of your breach of these Sale Terms.


7 Notices
7.1 Except as otherwise stated, any notices that You wish to send to Us and/or our Affiliates should be e-mailed to: assetman.leasingsolutions@uk.bnpparibas.com. Any notices that We may wish to draw to your attention will be sent to You by email.
7.2 Notices will be deemed received upon confirmation of complete receipt being given by Us.


8 Third Party Rights
8.1 These Sale Terms do not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except that each of our Affiliates may enforce any rights or benefits they may have under these Sale Terms under the Contracts (Rights of Third Parties) Act 1999.
8.2 The parties to these Sale Terms may by agreement rescind or vary these Sale Terms without the consent of any other person.


9 General Information
9.1 We reserve the right to transfer, assign or sub-contract all or any of our rights and obligations under these Sale Terms. You shall not assign or transfer any of your rights or obligations under these Sale Terms (whether in whole or in part) without our prior written consent.
9.2 Headings have been included for convenience only and will not be used in construing any provision of these Sale Terms.
9.3 No delay or failure by Us and/or our Affiliates (as appropriate) to exercise any powers, rights or remedies under these Sale Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
9.4 If there is a conflict between the applicable terms of these Sale Terms, our Terms and Conditions of Website Use, and any other applicable terms and conditions then each document shall have precedence in the following order:
(a) Our Terms and Conditions of Website Use;
(b) these Sale Terms; and
(c) any such other terms and conditions.
For these purposes, an omission shall not by itself be considered to give rise to any conflict.
9.5 If any provision of these Sale Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Sale Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
9.6 To the extent permitted by applicable law, these Sale Terms, its subject matter and its formation (and any non-contractual disputes or claims) will be construed in accordance with and governed by the laws of England. The parties agree to submit to the exclusive jurisdiction of the courts of England in relation to all claims, differences and other matters (including non-contractual claims and obligations) arising under or in connection with these Sale Terms.