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NOTICE: These terms and conditions contain important legal information and apply to the auction and to our
internet bidding facility.
A. The auction sales
will have Lots primarily consisting of salvage or total loss
vehicles.
Accordingly,
prospective buyers are strongly advised to avail themselves to the
opportunities given to personally inspect the Lots and/or seek
professional guidance before the auction.
B. Cheques will not
be accepted without the prior agreement of the
auctioneers.
C. Personal and
cherished registration numbers do not form part of any Lot unless expressly
stated
D. Bidding on our
internet facility is subject to registration and receipt of your
deposit/payment prior to the auction date. You are responsible for all
actions taken under your user
ID. Your user ID is not
transferable and you should not allow others to use it. The auctioneers reserve the right
to terminate your account at any time and without notice or
cause.
E. Without limiting
the auctioneers remedies, your account may be suspended if it is suspected
that you have engaged in, or have in any way been involved in or linked to
any fraudulent activity in connection with the auction or with this
website.
F. Any auctions
conducted are subject to the Auctions (Bidding Agreements) Act 1927 and
Auctions (Bidding Agreements) Act 1969. Copies are available at the place
of auction.
G. In the event that
you are bidding as a consumer, you should note that you will not have the
right to cancel your bid nor withdraw from a winning bid under the
Consumer Protection (Distance Selling) Regulations
2000.
H. By submitting a
bid, a prospective buyer agrees to be bound by these terms and
conditions.
The terms may
change without further notice and it is the responsibility of the
prospective buyer to check our terms and conditions each time they enter
an auction or access our website.
1
The auctioneers sell as agents
for the seller except where they wholly or partly own any Lot as principal.
2
Where a photograph of the Lot is
available, it merely provides a visual depiction of the Lot and no
warranty is given that the photograph is in any way an accurate or full
depiction of the state or condition of the Lot whether at the time of sale or at any time after
the photograph is published.
3
All prospective buyers must
register prior to auction and comply with any requests for
references. Bidders for any
ABI category B (breakers) Lots are required to produce prior to auction
all necessary environmental licenses for the transport and dismantling of
the Lot.
4
All vehicles are sold with all
faults and imperfections and errors of description.
Illustrations in catalogues,
brochures or on-line are for identification only. Buyers should satisfy themselves
prior to sale as to the origin, description, suitability, age, durability,
completeness, operability, state and condition of each Lot and should
exercise and rely on their own judgment as to whether the Lot accords with
any description and/or suitability for the buyer's purpose. None of the seller, auctioneers,
their servants or agents is responsible for errors of description or for
the genuineness or authenticity of any Lot, no warranty is given by the
auctioneers, their servants or agents or by any seller to any buyer in
respect of any Lot, and any express or implied or statutory conditions or
warranties are excluded to the maximum extent permitted in
law.
5
Inspection of the Lot should be made by prior consent of the
auctioneers or the seller.
6
The auctioneers shall have the
right, at their discretion, to refuse admission to their premises or
attendance at their auctions by any person. Every person on the auctioneers.
premises before during or after the auction sale shall be deemed to be
there at his own risk and with notice of the condition of the premises and
the working environment of the premises. No person under the age of 16 will
be allowed on to the auction sites. Save in the case of personal injury or death caused by the
negligence of the auctioneers, their agents or servants such persons shall
have no claim against the auctioneers in respect of any injury loss or
damage sustained which may occur from any cause
whatsoever.
7
The auctioneers have absolute
discretion without giving any reason to refuse or reject any bid, to
divide any Lot, to combine any two or more Lots, to withdraw any Lot from
the auction and in case of dispute to put up any Lot for auction again.
No responsibility is accepted by
the auctioneers for any loss or costs incurred in respect of any action
taken by the auctioneers under this condition.
8
The seller or the auctioneers
may prior to the auction place a reserve price (ie a hidden minimum
selling price) on any Lot. The winning bidder must meet or exceed the reserve price and have
the highest bid.
9
In bidding for any Lot, the buyer acknowledges that he has not relied
upon any representation made to him by the auctioneers, its employees or
agents unless such representation has been confirmed and addressed to that
specific buyer in writing by a director or other duly authorised person of
the auctioneers or seller prior to auction.
10
Subject to these conditions, the
highest bidder shall be the buyer. Any dispute as to any bid shall be settled at the auctioneers.
absolute discretion.
Every
bidder shall be deemed to act as principal unless there is in force a
written acknowledgment by the auctioneers that the buyer acts as agent on
behalf of a named principal
11
Payment of
deposits
11.1
Immediately a Lot is sold at an attended auction the buyer
must
11.1.1 Give to the auctioneers his name
and address and, if so requested, proof of identity;
11.1.2 If the whole of the purchase
price is not paid then to pay to the auctioneers a minimum deposit of 10%
(minimum of £20) of the purchase price of each Lot (plus any VAT chargeable thereon). The balance of the purchase price
and the auctioneers current charges are to be paid in accordance with
these terms and conditions
11.2
Immediately a successful bid is
made on-line:
11.2.1 Where the net value of the
vehicle is £100 or less then the full amount plus VAT, if applicable, plus
our charges plus VAT will be debited to the buyer's registered
credit/debit card; or
11.2.2 Where the net value of the
vehicle is over £100 then a non-refundable sum of £100 per vehicle will be
debited to the buyer's registered debit/credit card. When the net value of the vehicle
is over £2,500 then a non-refundable sum of £250 per vehicle will be
debited.
The balance of the
purchase price and the auctioneer's current charges to be paid in
accordance with these terms and conditions;
11.2.3 Payments of on-line deposit made
by credit/debit card incur a 3% service charge plus VAT on each
item.
12
Payment of any outstanding
monies for auctions may be made as follows:
12.1
Presentation of cash at any of
the auctioneer's auction sites; or
12.2
Presentation of a Banker's Draft
at any of the auctioneer's sites; or
12.3
Direct bank transfer . by prior
arrangement with the auctioneer's auction site; or
12.4
Presentation of a credit/debit
card at any of the auctioneer's auction sites.
13
The ownership of the Lot
purchased shall not pass to the buyer until he has made payment in full to
the auctioneers of the purchase price with cleared funds.
Risk in the Lot passes to the
buyer as soon as the Lot is sold. Neither the auctioneers nor their
servants or agents shall be responsible for any loss or damage of any
kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control
following the sale
14
The buyer shall at his own
expense take away the Lot purchased not
later than 4.00 p.m. on the next working day after the day
of the auction but not before payment in cleared funds to the auctioneers
of the purchase price. The
buyer shall be responsible for any removal, storage and insurance charges
on any Lot not taken away within 2
working days after the date of the auction.
15
The auctioneers may accept bids
from parties unable to place bids online. The auctioneers accept no
responsibility in connection with the commissioning of their staff to bid
for any Lots.
Reserves and
commissions given by telephone or other electronic means acceptable to the
auctioneers are accepted at sender's risk.
16
The buyer of any Lot is
responsible for complying with all legal requirements as to the
construction and use of that vehicle and for obtaining all certificates,
permits or other authorisations necessary before that vehicle can be used
on any road or elsewhere. Likewise the buyer takes responsibility to comply with all
applicable guidelines, regulations and legislation should a vehicle be
broken for spare parts. Failure to do so may also mean
that a buyer will be banned from future bidding or
purchases.
17
If any Lot is not paid for in
full and taken away in accordance with the above conditions, or if there
is any other breach of these conditions, the auctioneers (as the agents of
the seller where appropriate) shall at their absolute discretion and
without prejudice to any other rights they may have, be entitled to
exercise one or more of the following rights or remedies (notwithstanding
that title has not passed), that is to say:
17.1
Forfeit any deposit
paid;
17.2
Forfeit of registration
fees.
17.3
To proceed against the buyer for
damages for breach of contract;
17.4
To rescind the sale of that or
any other Lot sold to the defaulting
buyer at the same or any other auction;
17.5
To resell the Lot or cause it to be resold by public auction or
private sale. The defaulting
buyer shall then pay to the auctioneers any resulting deficiency in the
purchase price at the first auction after deduction of any part payment
and addition of resale costs. Any surplus shall belong to the seller.
17.6
To remove, store (either at the
auctioneers premises or elsewhere) and insure the Lot at the expense of the defaulting
buyer
17.7
To charge interest at a rate not
exceeding 2% per month on the purchase price to the extent that it remains
unpaid for more than 2 working days after the day of the
auction;
17.8
To retain that or any other Lot
sold to the same buyer at the same or any other auction and release it
only after payment of the purchase price;
17.9
To reject or ignore any bids
made by or on behalf of the defaulting buyer at any future auction or
cancel the defaulting buyer's auction registration or to obtain a deposit
for accepting any bids in future;
17.10
To apply any proceeds of sale
then due or at any time afterwards becoming due to the defaulting buyer
towards settlement of the purchase price and to exercise a lien on any
property of the defaulting buyer which is in the auctioneers. possession
for any purpose
18
Where the buyer has obtained
possession of a Lot before payment in full has been made, the buyer
acknowledges and declares that he holds the Lot (and each of them) on a
fiduciary basis as mere bailee for the seller/auctioneer (as the case may
be) and shall store the Lot (at no cost to the auctioneer/seller) clearly
marked to identify it as the auctioneer's/seller's property and grants the
auctioneer the right to enter upon any premises where the Lot is located
or believed to be located for the purposes of recovering the
Lot.
19
The buyer shall pay
administration charges to the auctioneer's prevailing rate (plus any VAT)
on the Lot's gross purchase
price.
20
VAT or any other tax on supplies
will be charged at the prevailing rate.
21
The auctioneers do not guarantee
that with respect to any and all bids submitted/commissioned by telephone,
electronic means acceptable to the auctioneers or on-line that such will
be conducted fault free or will have continuous operability or
service.
22
To the maximum extent
permissible in law, in no event shall the auctioneers, nor any of its
directors, servants, affiliates, agents or other representatives be liable
for any special, incidental, indirect or consequential damages whatsoever,
including without limitation damages for loss of profits or any other
pecuniary or other loss whatsoever arising from or in connection with the
use misuse or inability to use our website or otherwise under or in
connection with any of these terms and conditions.
23
No agent or staff of the
auctioneers has the authority to vary or agree any variations to these
terms.
24
Except as expressly provided
herein, these terms and conditions are not intended for, nor shall they be
for the benefit of or enforceable by any third party and the provisions of
the Contracts (Rights of Third Parties) Act 1999 are specifically
excluded.
25
The Lots are offered for sale
within the UK and these conditions shall
be governed by and construed in accordance with English law in the English
Courts.
All transactions to
which these conditions apply and all connected matters shall also be
governed by English law.
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