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HBC Online Auctions - Terms and Conditions

NOTICE: These terms and conditions contain important legal information.

A.    The HBC Online Auctions is a trade outlet for primarily 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 online auction.  No warranty is given in relation to quality, safety or use or any other characteristic regarding the Lots.

B.    To bid on our facility you agree that you are a trade buyer and as such you agree that it is reasonable that the auctioneer may restrict and/or exclude liability in the manner set out below

C.    Personal and cherished registration numbers do not form part of any Lot unless expressly stated.

D.    Bidding is subject to registration, receipt of your registration fee and acceptance of the terms and conditions of usage.  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 or suspend your account at any time and without notice or cause  if it is suspected that you have engaged in, or have in any way been involved in or linked to any activity which is prejudicial to the auctioneer, this website or proper conduct of an online auction

E.    Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969 (where applicable).  Copies are available at the auctioneer’s registered office.  You may also view the regulations via the HM Stationary Office website.

F.    All images/descriptions are the copyright of the auctioneers or the sellers and may not be reproduced without written consent.

G.    By submitting a bid, a prospective buyer agrees to be bound by these terms and conditions.    It is the responsibility of the prospective buyer to check our terms and conditions each time they wish to bid or access this website.

1    The auctioneers sell as agents for the seller except where they wholly or partly own any Lot as principal.

2    Where an image of the Lot is available, it merely provides a visual depiction of the Lot and you should not rely upon the image as providing 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     Bidders for any ABI category B (breakers) Lots are required to produce prior to auction all necessary licences for the transport and dismantling of the Lot. Such ABI Category B items must NEVER be repaired and must not be re-registered in the UK.

For UK Buyers:
      3.1    If you intend to buy a Cat B vehicle you must provide us with proof of an up to date Waste Management Licence and an EA ATF registration number.

      3.2   Cat B vehicles sold to UK buyers are on the stipulation that the vehicle is broken for spare parts (in line with the current ABI Code of Conduct), the bodyshell crushed or destroyed and the necessary Certificate of Destruction issued.

      3.3   Cat B vehicles that are sold to UK buyers must NEVER be   repaired and returned to the road.  We reserve the right to impose a lifetime ban against you if it is proven that you have contravened this requirement.  Additionally, should a Cat B vehicle be repaired, by you or a Third Party, and returned to the road we reserve the right to repossess the vehicle (at no additional cost to HBC).

Or For Export Buyers:
     3.4   Cat B vehicles are sold on the understanding that they are permanently exported from the UK and broken for spare parts, they must never be repaired and returned to the public highway in the UK. It is the buyers responsibility to ensure they comply with all laws applicable to the countries of transit and final destination where the vehicle will be dismantled. Export buyers must be registered companies with a non UK address.

4      All Lots are sold with all faults and imperfections and errors of description.    Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, mileage, 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 by any person.  Every person on the auctioneers premises or storage sites shall be deemed to be there at his own risk and with notice of the condition of the premises/storage site and the working environment of the premises/storage site.  No person under the age of 16 will be allowed on to the storage sites.  Please note that the storage sites are working environments and may have uneven surfaces and other hazards.  Visitors are responsible for wearing high visibility jackets and suitable footwear.  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 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 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      By making a bid the buyer warrants and represents that he has the legal right to do so and that a successful bid will create a legally binding contract.

10    Subject to these conditions, the highest bidder shall be the buyer.  Any dispute as to any bid shall be settled at the auctioneer’s absolute discretion.  .    

11    Payment of non-refundable administration fees

11.1       Immediately a successful bid is made on-line:

11.1.1   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

11.1.2   Where the net value of the vehicle is £100 - £2499.99 then a non-refundable administration fee of £100 per vehicle will be debited to the buyer's registered debit/credit card.  Where the net value of the vehicle is over £2,500 then a non-refundable administration fee of £250 per vehicle will be debited.  ;

11.1.3   Payments made by credit/debit card incur a 3% service charge plus VAT on each item.

11.2           Failure of non-refundable administration fee

 11.2.1  If the non-refundable  administration fee cannot be applied then the bidder’s account may be suspended and full payment for the Lot must be received before the account is reactivated.

11.2.2  Where there is a change of debit/credit card or you are issued with a new one, it is your responsibility to update the card details on your account. This must be done online and you will be charged a fee of £5.00+VAT .

12    By prior arrangement with the auctioneer, payment of any outstanding monies for auctions may be made as follows:

12.1              cash; or

12.2              banker's draft; or

12.3              direct bank transfer; or

12.4              credit/debit card.

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.  You are strongly advised to ensure that adequate insurance is on risk since 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 2 working days following the day of the auction but not before payment has been made, in cleared funds, for the full purchase price. If the Buyer fails to collect the Lot as provided in this clause the auctioneer may store and insure the Lot pending collection, and the buyer will pay any storage and insurance charges at the auctioneer's then applicable daily rate.

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.  .

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 or exported.  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 in addition 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 and terminate your registration or any further attempts to re-register.

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 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;

17.7             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;

17.8             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 non-refundable holding fee for accepting any bids in future;

17.9             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

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 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 comprised of a sale administration fee to the auctioneer's prevailing rate (plus any VAT) on the Lot's gross purchase price, an internet bidding fee (plus VAT) and loading fee (plus VAT)

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    Our current privacy policy covers our use of any information that you provide.  In using our services you acknowledge and agree to be bound by the terms of our privacy policy.

26    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.

H.    To bid on our facility you agree to accept our Cookie policy as set out in our FAQs here.




 
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