Vehicle Sales Services Agreement

These are the terms of a services agreement (Chapter 63 of the Civil Code of Ukraine). They are set by the Service Provider, and the vehicle owner accepts them as a whole (a contract of adhesion, Article 634 of the Civil Code of Ukraine). This page is not a public offer (Article 641(2) of the Civil Code of Ukraine): the Service Provider takes a vehicle on for sale only after reviewing the request and may reject the request.

If the request form on the website (on the “Sell your vehicle” page or in the account) has a box for accepting these terms, the owner accepts them by ticking it when sending the request. In this way the owner proposes that the Service Provider conclude the agreement on the terms of the version in force when the request is sent. In that case the agreement is concluded in electronic form: no paper copy needs to be signed.

An agreement whose terms were accepted in this way is deemed concluded when the Service Provider accepts the request: after the review, it takes the vehicle on for sale and starts preparing the listing. If the request is in the owner's website account, it gets the status “Preparing listing” there; if it is not, the owner can ask a manager whether it has been accepted. Publication of the listing on the website also confirms that the request has been accepted. If the request is rejected, no agreement is concluded.

If a request is submitted without such a box (in particular, not through the website), the terms are agreed with a manager.

Submitting a request does not oblige the owner to sell the vehicle: the owner can withdraw the request or withdraw from the agreement at any time (section 10). The terms of use of the website and of paid listing placement are in the Public Offer Agreement.

• Service Provider — the business entity whose details are given at the top of this page;
• Customer — the vehicle owner or a person authorised by the owner with whom the agreement is concluded (section 1). Where the terms are accepted with the box in the request form on the website, the Customer is identified by the name and phone number given in the request and, if the request is in the Customer's website account, also by that account.

For a fee, the Service Provider provides the Customer with services of finding a buyer and facilitating the sale of the Customer's vehicle or other machinery (the “Vehicle”), in particular:

• prepares and publishes a listing for the sale of the Vehicle on tirkomis.com;
• offers the Vehicle to buyers: in the mailing to subscribers of our Telegram bot whose search filters it matches, in personal selections for buyers and, with the Customer's consent, in private online auctions;
• answers buyers' enquiries, negotiates the price and terms, and arranges inspections of the Vehicle;
• assists with drawing up the sale contract and re-registering the Vehicle to the buyer.

The Service Provider is not a party to the sale contract for the Vehicle and does not acquire ownership of it. The Customer agrees the price and terms of the sale with the buyer and signs the contract with the buyer personally.

The Vehicle may be kept at the Service Provider's yard or stay with the Customer (marked “Online” in the listing). A listing under a request submitted through the website is first created with the “Online” mark.

The procedure for handing the Vehicle over to the yard and returning it, as well as liability for its safekeeping at the yard, are set by the agreement and the law of Ukraine. If the Vehicle stays with the Customer, the Customer is responsible for its safekeeping and agrees with the Service Provider how it will be shown to buyers.

The Customer provides accurate information about the Vehicle, as well as its photos and videos. A request through the website must include photos of the Vehicle from all sides, a photo of the VIN on the frame and, for vehicles with a cab, photos of the cab interior.

The Customer allows the Service Provider to use these materials for the listing and for finding a buyer: to process photos (remove service data, add a watermark, cover the registration plate), to translate the description into English, including automatically using artificial intelligence, and to show the materials on the website and in other channels through which the Service Provider offers the Vehicle to buyers, in particular in the Telegram bot mailing, in the Service Provider's Telegram channels and groups and on its social media pages. Users signed in to the website can download the listing photos. After the sale, the listing may remain available via a direct link marked “Sold”.

The Customer's name and phone number are shown in the listing only with the Customer's consent.

The price at which the Customer is ready to sell the Vehicle is agreed by the parties when the agreement is concluded. The listing price is given in US dollars or euros.

The Customer can change the price at which they are ready to sell the Vehicle by telling a manager or sending a request from the website account; the change takes effect once a manager applies it. The Customer agrees the final sale price with the buyer in the sale contract.

For the sale of the Vehicle to a buyer in Ukraine, the Customer pays the Service Provider a fee (commission):

• if the sale price is less than USD 20,000 — USD 500;
• if the sale price is USD 20,000 or more — 3% of the sale price.

The fee is payable only if the Vehicle is sold: if it is not sold, the Customer pays nothing for finding a buyer. The fee for placing a listing under a request from the website, if one is set, is a separate service under the Public Offer Agreement.

If the Vehicle is sold to a buyer abroad (export), the Customer pays the Service Provider no fee.

Amounts set in US dollars are paid in hryvnias at the official exchange rate of the National Bank of Ukraine on the day of payment, unless the agreement provides otherwise. The time and procedure for paying the fee are set by the agreement.

The Customer:

• has the right to dispose of the Vehicle, and the Vehicle is not under arrest, pledge or any other encumbrance the Customer has not told the Service Provider about;
• provides accurate information about the Vehicle's condition, mileage, completeness and documents;
• as the seller, is responsible to the buyer for the Vehicle's technical condition and documents;
• provides the documents needed to draw up the sale contract and re-register the Vehicle;
• informs the Service Provider if they have sold the Vehicle themselves or in another way, or no longer wish to sell it.

The Service Provider:

• provides the services listed in section 3;
• at the Customer's request, reports on how the sale is going; if the Customer's request is in their website account, the account shows the number of listing views and buyer enquiries;
• processes the Customer's personal data in accordance with the Privacy Policy;
• marks the listing as sold after the Vehicle is sold, and removes it from the website after withdrawal from the agreement.

The agreement remains in force from the moment it is concluded (section 1) until the Vehicle is sold or until either party withdraws from it.

The Customer may withdraw from the agreement at any time — and, before it is concluded, withdraw the request — by telling a manager or sending a “Remove from sale” request from the account; the listing is removed once a manager processes the request. The Service Provider may withdraw from the agreement by notifying the Customer.

The listing's display period may be limited. Before it ends, a manager checks the Vehicle's availability and price with the Customer; if this cannot be confirmed, the listing is removed from the website until the Customer is reached.

Disputes are settled by negotiation and, failing agreement, in court in accordance with the law of Ukraine.

The agreement is concluded in Ukrainian; the English version of this page is a translation provided for convenience.

The Service Provider may amend these terms by publishing a new version on this page with its date. The agreement is governed by the version the Customer accepted: a change of the terms does not affect an agreement already concluded. A new version applies to requests sent after it is published.

Where the terms are accepted with the box in the request form on the website, the Vehicle covered by the agreement is identified by the details of that request, with any clarifications agreed with a manager, and the Service Provider keeps a record of the acceptance of the terms — the time of acceptance and the accepted versions of these terms and of the Public Offer Agreement — together with the text of those versions, and provides them at the Customer's request. This page can also be saved or printed using the browser.