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This Scheme
1.1. The Scheme is there to provide you with Reimbursement in the event that a Vehicle purchased via the Motorway platform suffers a Mechanical Breakdown. Reimbursement under this Scheme is not a regulated insurance product and any Reimbursement is made at the sole discretion of Motorway. You can purchase cover for a Vehicle through this Scheme at the time in which you purchase a Vehicle through Motorway Pay, and the cost of such cover will be notified to you at the time. This Scheme is provided as an additional option for you and is in no way required by us when you purchase a Vehicle using Motorway Pay. This Scheme is not regulated insurance, and you should consider whether it meets your needs before you purchase it.
1.2. If you have any questions about this Scheme, you can contact us at dealersupport@motorway.co.uk.
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Definitions & Interpretation
2.1. In these scheme terms, the following words have the following meanings:
2.1.1. “Eligibility Criteria” means the criteria set out under Clause 3 of these Scheme Terms;
2.1.2. "Industry Standard Repair Times" means an independent source of technical information used in validating a Vehicle's service, maintenance and repair procedures;
2.1.3. “Quarter” means a period of three months, starting from 1 January each calendar year (e.g., Jan - Mar, Apr - Jun, Jul - Sep, Oct - Dec);
2.1.4. "Mechanical Breakdown" means the actual breakage of a mechanical component or the complete failure of an electrical component (except the components set out in Clause 11.4 of these Scheme Terms) causing a sudden stoppage of its function, for a reason other than wear and tear, normal deterioration, negligence or driver abuse which render the components inoperative;
2.1.5. "Reimbursement" means the discretionary financial payment provided by Motorway to Dealers who meet the Eligibility Criteria under this Scheme;
2.1.6. "Scheme" means this discretionary mechanical breakdown reimbursement scheme offered to Dealers who purchase Reimbursement cover and who meet the Eligibility Criteria;
2.1.7. “Scheme Terms” means these terms and conditions, which apply to the Scheme, including any other documents referred to in this document as applying to the operation of this Scheme; and
2.1.8. "Vehicle" means a vehicle offered for sale by a Seller on the Motorway Platform that meets the Eligibility Criteria set out in these Scheme Terms.
2.2. Unless otherwise defined in these Scheme Terms or the context otherwise requires, capitalised terms used in these Scheme Terms shall have the same meanings as given to them in the Pro Terms, available here: https://pro.motorway.co.uk/terms.
2.3. Words in the singular include the plural and in the plural include the singular.
2.4. Headings shall not affect the interpretation of these Scheme Terms.
2.5. References to Clauses are, unless otherwise provided, references to the clauses of these Scheme Terms.
2.6. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
2.7. Any phrase introduced by the word 'including' shall be construed as illustrative and shall not limit the generality of the related general words.
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Eligibility Requirements
3.1. To be eligible to purchase cover and receive Reimbursement under this Scheme, a Dealer must satisfy all of the following requirements:
3.1.1. the Vehicle subject to the claim must have been paid for via Motorway Pay; and
3.1.2. the Dealer must comply with all obligations set out in these Scheme Terms.
3.2. To be eligible under the Scheme, a Vehicle subject to the claim must:
3.2.1. be under 15 years old with less than 150,000 miles from date of first registration;
3.2.2. be purchased via the Motorway Platform by the Dealer within the UK; and
3.2.3. have a current MOT certificate in accordance with the law.
3.3. Eligibility for the Scheme ends if the Vehicle is sold or disposed of during the period of the Scheme.
3.4. We reserve the right to amend the Eligibility Criteria at any time by providing you with reasonable written notice.
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Scope of Reimbursement
4.1. Subject to the exclusions set out in Clause 11, Reimbursement is provided at our absolute discretion for financial losses directly caused by the Mechanical Breakdown of a Vehicle purchased through the Motorway platform.
4.2. Where a claim is accepted under this Scheme, the Reimbursement will typically amount to the cost of parts, labour (up to £50 per hour excluding VAT outside of the M25, and up to £55 per hour excluding VAT inside the M25) and value added tax (where this tax is not reclaimed).
4.3. Other than the specific items listed below in this Clause 4.3, the total Reimbursement that can be paid out under this Scheme is limited to a maximum of £10,000 per Vehicle, including VAT ("Maximum Limit"):
4.3.1. In-car entertainment: provided that the equipment is factory fitted (excludes software updates/reprogramming, save to the extent required to complete a repair); up to £2,500 including VAT.
4.3.2. Catalytic converter: Up to 100,000 miles.
4.3.3. Lighting units: Up to £1,000 including VAT.
4.3.4. Consequential damage: Where a covered component causes damage to another covered component up to £500 including VAT.
4.3.5. Working materials: Where an authorised repair requires the replacement or topping up of oils, antifreeze or other fluids, or replacement of the oil filter, up to £100 including VAT.
4.4. This Scheme is limited to a Mechanical Breakdown of each part on only one occasion during the period of this Scheme.
4.5. Where the renewal of any parts or assemblies brings about improvement or betterment of the Vehicle a contribution may be required from the Dealer. This will take account of the age and mileage of the Vehicle and the cost of restoring the Vehicle to its pre-breakdown condition.
4.6. If you are VAT registered, the VAT element will not form part of any claim under this Scheme.
4.7. We reserve the right to examine the Vehicle and obtain an expert assessment at our expense.
4.8. We reserve the right to pay any sum due under this Scheme as a credit to your Motorway account where you are in persistent or significant debt to us.
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Claims Procedure
5.1. Motorway has appointed Opteven Insured UK Ltd (the "Administrator") to administer the Scheme on Motorway's behalf.
5.2. Dealers must obtain authorisation from the Administrator before having any repairs carried out. We will not be able to accept a claim if the repairs are carried out before obtaining prior authorisation from the Administrator.
5.3. You must raise your claim under this Scheme within 5 calendar days of the date after which you purchase and pay for the Vehicle.
5.4. We will not be able to accept a claim from a Dealer who did not meet the Eligibility Criteria at the time cover for a particular Vehicle was purchased.
5.5. The Administrator reserves the right to appoint the repairer of the Vehicle, the supplier of the parts, and where available service replacement parts will be used.
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How to make a claim
6.1. All claims need to follow the Administrator's claim procedure, supplying details of the fault and repair estimate onto Carflex which can be accessed via https://portal.opteven.co.uk.
6.2. If the cause of the Mechanical Breakdown is not obvious, it may be necessary to dismantle the Vehicle to some extent in order to identify the issue and confirm whether it is covered by this Scheme or not. Such dismantling will be done only on your authority and the cost of this will be your responsibility at this stage, until we can confirm the cause of the mechanical breakdown and whether it falls within Reimbursement under the Scheme. If we do accept the repair, we will cover the cost of dismantling to form part of the Maximum Limit. If we do not accept the cost of this repair, you will be responsible for the costs of dismantling.
6.3. Diagnostics are not covered by this Scheme.
6.4. If the Administrator finds the claim to be within the scope of this Scheme, an authorisation number will be issued once the costs have been agreed. All repair times will be based on Industry Standard repair times.
6.5. Once the claim has been authorised, you may proceed with the repairs. On completion, you must send in the repair invoice and any relevant vehicle VAT service invoices requested.
6.6. In the event of a false or fraudulent claim being submitted, the claim will be rendered invalid.
6.7. Any work carried out without prior authorisation will not be reimbursed. No claims are authorised without an authority number.
6.8. Once a fault has been registered, the Administrator reserves the right to contact repairers and discuss potential liabilities under this Scheme.
6.9. Once a claim number has been issued you have 60 days in which to submit the invoice for payment. After this period of time, the claim will lapse and no reimbursement is possible.
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Information required
7.1. In submitting a claim, you must:
7.1.1. provide us with all evidence we reasonably require;
7.1.2. complete our claims form, including all minimum evidence requirements we may specify in the claims form;
7.1.3. follow our reasonable instructions in a timely manner; and
7.1.4. cooperate fully with our investigation of the claim.
7.2. You warrant and represent that the information you provide in support of your claim is accurate, truthful, and not misleading in any way.
7.3. To be accepted as evidence of past maintenance or repair, receipts must be fully documented and issued from a VAT registered garage showing date, mileage and work carried out. Dealers must retain such receipts, as the Administrator reserves the right to inspect them to ensure compliance.
7.4. The more information you provide as part of your claim, the easier it will be for us to review. We reserve the right to request additional information should we not be able to determine with a high-degree of certainty that the Vehicle in question has suffered a Mechanical Breakdown. If, despite our reasonable efforts, we still have insufficient information or evidence to determine your claim, we reserve the right in our complete discretion not to provide Reimbursement.
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Duty to Mitigate Losses
8.1. All Dealers have a duty to mitigate their losses and must:
8.1.1. take all reasonable steps to minimise their own losses;
8.1.2. take all reasonable steps to safeguard the Vehicle from loss or damage; and
8.1.3. not dispose of or deal with a Vehicle which is the subject of Reimbursement without our prior written consent, once a claim has been notified to us.
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Self-Collection Requirements
9.1. Where a Dealer self-collects a Vehicle, they must, at a minimum, carry out a reasonable inspection to ensure there are no obvious defects with the Vehicle. This Scheme does not cover faults that were present at the time of purchase of the Vehicle.
9.2. Failure to comply with the requirements in Clause 9.1 will result in you being ineligible for Reimbursement under this Scheme.
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Discretionary Nature of Scheme
10.1. This Scheme is entirely discretionary and does not create any contractual or legal obligation on our part to provide Reimbursement. Any Reimbursement under this Scheme is paid at our complete discretion to ensure the Scheme is supportive of our Dealers.
10.2. We reserve the right to:
10.2.1. decline any claim under this Scheme at our absolute discretion;
10.2.2. vary, suspend, or terminate this Scheme, any of the Scheme Terms, and/or Eligibility Criteria at any time without notice; and
10.2.3. require additional evidence or information before considering any claim.
10.3. Before we make any material changes to these Scheme Terms and/or Eligibility Criteria, we will provide you with reasonable prior notice.
10.4. Please note that the Reimbursement under this Scheme is not intended to be, and is not, insurance and falls outside the scope of insurance regulation.
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Exclusions
11.1. Notwithstanding the discretionary nature of the Scheme, Reimbursement will not be considered where:
11.1.1. the Dealer has failed to comply with any of the requirements set out in these Scheme Terms;
11.1.2. the loss arises from the Dealer's negligent or fraudulent conduct, e.g. insufficient oil or water, overheating, or failure to ensure that minimum damage is incurred by taking preventative measures;
11.1.3. the claim is made outside the time limit specified in Clause 5.3;
11.1.4. the Vehicle is modified from the manufacturers' standard specification including a change in the fuel system to use an alternative fuel;
11.1.5. the Vehicle is used for hire and reward;
11.1.6. the Vehicle is used for racing or competition;
11.1.7. the claim relates to commercial vehicles of 3,500kgs and above;
11.1.8. avoidable consequential damage results from where, in the opinion of a third party independent engineer, the Vehicle has been driven on past a point that a fair and reasonable driver should have been aware of a problem, resulting in drive-on damage occurring;
11.1.9. damage arises from the use of a grade of fuel not recommended by the manufacturer of the Vehicle;
11.1.10. the loss arises from non-compliance with the conditions relating to the maintenance of the Vehicle;
11.1.11. the loss arises from fire, perishable rubber items, collision, frost, snow, ice, flooding, storm, freezing, corrosion, carbon build up, clutch and brake friction material, wear and tear, cracked blocks, cracked cylinder heads, burnt valves, fluid leaks, water ingress or faulty workmanship of any description;
11.1.12. parts being subject to recall by the manufacturer;
11.1.13. a part has not failed but is recommended by the manufacturer as good working practice to replace or maintain;
11.1.14. the failure of a part is under any manufacturer's or supplier's warranty;
11.1.15. damage is caused by a failure to replace the cambelt in accordance with the manufacturer's recommendations;
11.1.16. losses are normally covered under a road risks insurance policy or loss resulting from an accident to the Vehicle;
11.1.17. any parts have not actually failed and which are replaced during routine servicing or maintenance;
11.1.18. exhaust emission MOT failures, these are not Mechanical Breakdowns and are not covered.
11.2. This Scheme does not cover death, bodily injury, third party claims, accidental damage, road hazard, fire damage, consequential damage above £500 including VAT, or any other damage howsoever caused.
11.3. This Scheme does not cover wear and tear, inherent faults, faulty workmanship, cracked blocks, cracked cylinder heads, burnt valves, water ingress, fabric and stitching, oil and fluid leaks, accidental damage to radiator and air conditioning condenser.
11.4. Under the Scheme, the Dealer may not submit a Request in the event of a mechanical breakdown of the following components:
11.4.1. Air Bag: Air bag, active head restraint.
11.4.2. Air Conditioning: Auxiliary heating system glow plug, air conditioning pipe and drain pipe, air conditioning schrader valve core and cap, compressor pulley, hybrid battery air conditioning valve, stationary remote heating.
11.4.3. Brakes: Calliper mountings and cover, brake discs, pads, brake drum and rear brake lining. Master cylinder brake pipe, parking brake lever gaiter.
11.4.4. Clutch: Clutch friction material, clutch hydraulic pipe, robotic gearbox sensor assembly.
11.4.5. Drive Systems: Constant velocity joint boot, propshaft drive shaft gaiter.
11.4.6. Electrics: Bulbs, sensors, wiring looms and connectors. Batteries, satellite navigation, telephone system,12v socket, aux input socket, USB socket, clock, display, mirror defrosting, software updates and or adjustments, fuses, cigarette lighter, head up display, seat heater, solar panels, additional heating elements.
11.4.7. Electric and Hybrid: Battery for traction motor (EV/Hybrid), battery charger for high voltage battery, high voltage charging socket and cable, high voltage battery wiring harness and heat exchanger (EV/Hybrid), high voltage socket lock actuator.
11.4.8. Emissions Control: All gaskets, seals, hoses and pipes. Mounting and heat shield. DPF control unit, DPF re-generation, DPF additive injector. Exhaust system; manifold, flap control unit and flaps, front pipe, rear silencer, tailpipe trim/finisher, all mountings and bushes. Reducing agent system; injectors, heaters, sender, tank filter and breather. EGR valve filter.
11.4.9. Engine: All gaskets and seals (except for Cylinder Head Gasket), hoses and pipes, pulleys/ dampers, mountings and core plugs. Drain plug (engine oil sump), dipstick, crankshaft oil seal housing, oil filler cap, engine oil filter housing, glow plugs, spark plugs, and HT leads.
11.4.10. Fuel System: All gaskets, seals, hoses, pipes and mountings. Fuel injectors, injection pump housing, charcoal canister heater element, diesel pre-heater, distributor drive, LPG/CNG filter, fuel tank, fuel filler neck.
11.4.11. Manual or Automatic Gearbox: All gaskets, seals, filters, and fluids. Gear knob and gear lever gaiter.
11.4.12. Miscellaneous: All gaskets and seals (except Cylinder Head Gasket), hoses and pipes (except for steering high-pressure pipes), pulleys/dampers, sensors, drive belts (except cambelt), bulbs, mountings, clips, fastenings, bolts, fixings, filters, sealing material and compound. Wheels and tyres, wiper blades and arm, windscreen washer jet, heater valves, external oil/fluid leaks, rear view mirror, remote key fob, key blade, perishable rubber items, transmitter card, water ingress, carbon build up.
11.4.13. Suspension: All bushes, mountings and covers. Shock absorber cup, control arm support.
11.4.14. Steering: Gaiters, ignition key, steering wheel, steering wheel heater, steering lock, lock switch.
11.4.15. Turbo/Intercooler: All gaskets, seals, hoses, and pipes. Turbo heat shield, intercooler, turbo mounting.
11.4.16. Vehicle Body: All catches, latches, locks and hinges. Bodywork and chassis, interior and exterior trim, fabric roofs, glass, door handle retainer, door latch button and door linkage. Sunroof system; sunroof, frame, drain, blind, deflector.
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Complaints
12.1. If you have a complaint about this Scheme or how a particular claim has been handled, please contact the Administrator by:
12.1.1. calling 0345 222 4540; or
12.1.2. via email to ukcomplaints@opteven.com; or
12.1.3. writing to the Customer Relations Manager, Opteven Insured UK Ltd, Oxford House, Oxford Road, Thame, Oxon, OX9 2AH.
12.2. The Administrator will aim to resolve the complaint promptly within 15 Working Days from first notification of your complaint.
12.3. If they are unable to resolve your complaint to your satisfaction, you can speak to your account manager or email dealersupport@motorway.co.uk.
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General Provisions
13.1. These Scheme Terms constitute the entire agreement between the parties relating to the subject matter and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
13.2. These Scheme Terms are governed by English law and are subject to the exclusive jurisdiction of the English courts.
13.3. If any provision of these Scheme Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.4. No failure or delay by us in exercising any right, power or privilege under these Scheme Terms shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
13.5. Dealers may not assign, transfer, or delegate any of their rights or obligations under these Scheme Terms without our prior written consent. We may assign our rights and obligations under these Scheme Terms at any time without notice.
13.6. No person other than the parties to these terms shall have any right to enforce any of these Scheme Terms.
13.7. We shall not be liable for any failure or delay in performance under these Scheme Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, or any other cause beyond our reasonable control.
13.8. Any personal data processed in connection with a claim under these Scheme Terms will be processed in accordance with our Seller and Dealer privacy policies, copies of which can be found on our website.
13.9. Any notices required or permitted to be given under these Scheme Terms shall be in writing and delivered by email to the email address associated with the Dealer's Motorway account.