TERMS & CONDITIONS
1. ENTRIES CLOSE
Entries close 24 hours before the start of the sale unless otherwise stated.
2. ENTRY FEE
From 1st March 2023, the entry fee for vehicles will be increased and entry fees will be applicable to memorabilia and registration plates as follows:
Vehicles, including motorbikes and trailers - £40 plus VAT
Memorabilia, including bicycles - £5 plus VAT
Vehicle Registration Numbers - £10 + VAT
3. COMMISSION
In addition to the entry fee, commission will be charged to the vendor and buyer on each vehicle
as follows –
VEHICLES, MOTORBIKES & TRAILERS
Up to £2,000 - 10% + VAT
£2,001 to £20,000 – 7.5% + VAT
£20,001 and above – the first £20,000 is charged at 7.5% + VAT commission, the remaining balance is charged at 5% + VAT.
e.g. Sale Price £25,000. First £20,000 @ 7.5%. Remaining £5,000 @ 5.0%.
VEHICLE REGISTRATION NUMBERS
10% + VAT (No fees to the vendor)
AUTOMOBILIA & BICYCLES
15% + VAT – minimum charge of £5.00
Online bidding incurs an additional 1% fee.
4. VAT
1. It should be noted that all lots sold on behalf of non-registered vendors together with
registered vendors trading under the General Margin Scheme will be sold under VAT
Auctioneers Margin Scheme unless written instructions are received to the contrary.
2. Value Added Tax at the standard rate will be charged on all lots unless otherwise announced
at the time of sale.
5. PRIVATE SALES
1. No lot entered or advertised for sale by the Auctioneers should be sold by the owner privately
within 21 days prior to the commencement of the sale for which the lot has been entered or
advertised. The Auctioneers are not to be under any liability for any breach of this condition
whatsoever.
2. In all cases where a lot is not forward for sale the Auctioneers shall be indemnified by the
person entering such a lot for all expenses incurred in relation thereto and against all such
claims from third parties as may arise.
3. If any lot is sold privately subsequently on the sale ground (or sold privately while the vehicle /
item remains on the sale ground) the sale must be booked in through the Auctioneers office
and the terms and conditions of sale will apply and commission will be charged.
4. The Auctioneers reserve the right to sell privately at the reserved price any lot remaining on
site after the auction without further consultation with the vendor.
5. If the Seller later sells the Lot as a result of its exposure at the auction the Auctioneer will be
entitled to their normal commission. In any event the Auctioneer will be entitled to try and
effect a sale as the Seller’s agent within 14 days after the date of the auction (that time limit
does not apply to a sale by the Seller). If the Auctioneer does so sell the Lot, they will also be
entitled to their normal commission.
6. Where a Lot is sold, the Auctioneer shall initiate payment, by bank transfer, of the Sale
Proceeds to the Seller 14 days after the Auctioneers have received in cleared funds the Total
Amount Due from the Buyer. Should no bank details be provided by the seller, the Auctioneer
will effect payment by sending its cheque, drawn in favour of the Seller, 14 days after receipt
of cleared funds, by first class mail at the Seller’s risk.
6. RESERVES
Reserves shall be given in writing to the Auctioneers before the advertised time for the
commencement of the sale. Vendors reserve the right to bid through the Auctioneers as
their Agents, and shall only bid through them. NO VENDOR SHALL IN ANY CIRCUMSTANCES
WHATSOEVER BID OR ALLOW ANYONE ELSE TO BID ON HIS BEHALF FOR ANY LOT OWNED
BY SUCH VENDOR save that this restriction shall not be extended to lots being sold on a
dissolution of partnership. Should any improper bidding be discovered, full commission will be
charged on any lots bought in.
7. VENDORS/PURCHASERS RISKS
1. All lots are accepted and remain on the sale ground at the vendors risk. The Auctioneers will
not accept any liability for damage or loss sustained to a Lot that is attributable to members of the
public or non-Auctioneer operatives during the Sale or any removable items left within lots
during the same period. Any claims for damage and / or lost items must be submitted to the
Auctioneers in writing no later than 3 working days after the date of the Sale and include a
valid quote for repair or replacement and digital photographs where applicable.
2. The Auctioneers shall be under no liability to notify vendors if lots are not sold.
3. A prospective bidder should register his intention to bid for a Lot by completing fully and
signing a Bidder’s Registration Form prior to executing his bid. If this has not been completed
before the fall of the hammer, the Buyer shall forthwith complete the Bidder’s Registration
Form. The Bidder shall also provide photographic identification. Failure to do so shall not
invalidate the sale, unless the Auctioneer, in its absolute discretion, so decides.
4. Where a Lot is illustrated by a photograph, in the case of a vehicle with a registration number
visible, that number will not be transferred with the vehicle to the Buyer unless the registration
particulars appear in the written part of the description and the transfer has been authorised
by the Seller. If the vehicle is sold to the Buyer before the formalities of the allocation of a
different registration number to that vehicle are completed with the DVLA, the Buyer accepts
that he will take all steps necessary to co-operate with either the Seller or the Auctioneer to
have the number re-transferred to the Seller or as may be, and will take no steps to register
the vehicle with the number in his name.
5. The Auctioneer shall keep and use any data relating to the Buyer and the Seller in accordance
with the provisions of all relevant data protection legislation. The Buyer and the Seller consent
to such data being kept and used for appropriate purposes, including informing the Buyer
and the Seller of any offers or other matters of interest from time to time.
6. Each lot shall be sold at the sole risk of the purchaser on the fall of the hammer.
7. Any motor vehicle is sold as a collector’s item and not as a means of transport. Buyers are
specifically warned that any vehicle sold as such may well have had parts replaced and paint
renewed or be made up of parts from other vehicles the condition of which may be difficult to
establish. The Auctioneer has to rely on information as to the date, condition and authenticity
provided by the Seller and does not provide its own description, and does not and cannot
undertake its own inspection of vehicles or other Lot and it is the responsibility of the Buyer
to ensure that the Lot conforms to the description in the catalogue. The Auctioneer cannot
check or verify the authenticity of the chassis or VIN number under which a vehicle is offered,
but relies on the Seller’s description.
8. All descriptions are made in the opinion of the auctioneers and by paperwork or information given by the vendor. Please ensure that the lot and relevant paperwork is inspected prior to the sale. The auctioneers will not be responsible for errors in descriptions that come to light following the auction. All lots are sold as they stand with all faults and imperfections.
9. Mileage is not guaranteed. Please make your own enquiries.
10. At the fall of the hammer, the highest bidder is the successful customer and will be invoiced. Customers will be expected to pay in full within 48 hours, or risk being blocked by the auction house and/or our online bidding platform.
8. EXCLUSION OF LIABILITY
The auctioneers shall not be liable for any expenses, loss, claim or proceedings in respect of
any loss or damage whatsoever to any property real or personal (including all lots) whether
incurred before, during or after the sale. The auctioneers shall not be liable for any expense,
loss, claim or proceeding in respect of any personal injury to or death of any person arising out
of or in the course of or caused by the sale, except to the extent that the same is due to the
negligence of the Auctioneers, their Servants or Agents.
If the Auctioneer receives notice of any dispute related to a sold Lot before the Sale Proceeds
have been remitted to the Seller, the Auctioneer may withhold payment from the Seller until it
thinks fit or until the Dispute is resolved, whichever is earlier.
The Auctioneer retains the right to withhold partial or total payment for any Lot if items
committed to the Sale by the Seller and sold as part of the Lot, including any relevant
documents, have not been delivered by the Seller. In all cases an up to date vehicle V5 is
required by the Auctioneer before the seller will receive payment for any lot.
9. BIDDING
The highest bidder shall be the Purchaser and any dispute which arises shall be settled by the
Auctioneer who shall regulate the bidding and have the right to refuse a bid.
10. PAYMENT
All purchases shall be paid for in full on the day of the sale (or a % by negotiation with the
Auctioneers prior to the sale) direct to the Auctioneers before removal and no lot to be removed
without the written authority of the Auctioneers. (If a percentage paid on sale day has been
negotiated with the Auctioneers prior to the sale, the balance of that purchase must be
settled in full within 48hrs of the close of the sale). Credit cards or cheques will not be accepted.
Where a purchaser defaults in payment, the Auctioneers reserve the right to re-sell the lot and to charge the Purchaser with any
expenses and loss incurred by reason of the failure of the Purchaser to complete his purchases.
The Auctioneers reserve the right to charge Interest at the current bank overdraft rate on any
outstanding accounts from the day of sale unless special arrangements have been made with
the Auctioneers in this respect.
Transfers of purchases will only be recognised at the sole discretion of the Auctioneers.
Every purchaser shall leave his full name and address at the Auctioneers office whether he
intends to remove his purchases on the day of the sale or not.
11. REMOVAL OF LOTS. BOTH SOLD AND ENTERED LOTS.
All lots must be cleared from the sale ground within 10 days of the date of the sale (Unless
otherwise agreed with the Auctioneers) and if remaining longer without a satisfactory
explanation for the non-clearance being given to the Auctioneers, the Auctioneers reserve
the right to charge for handling and storage at the rate of £10 plus VAT per lot per day,
notwithstanding Clause 6 above.
A Seller may by notice to the Auctioneer withdraw the Lot from the Auction. If the Seller does so
he shall be liable to pay the Auctioneer the stated rate of the Seller’s and Buyer’s commission
calculated on the estimated value of the Lot that the Auctioneer would have received had the
Lot been sold for the estimated value.
In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for
the collection/removal of the Lot at his own expense within 2 working days after the date of
withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee
payable has been paid in full and any storage charges have been met by the Seller.
12. DESCRIPTION
The descriptions are supplied by the Vendors who alone are responsible for details and
accuracy. The Auctioneers will not be answerable in respect of any errors which may occur.
The Auctioneers may make any intimation of any alteration or modification of the description
of any lot immediately before asking for bids. The Auctioneers shall be the sole and exclusive
judge of the fact of such intimation and the terms in which it is made. Each lot is sold with all
faults, imperfections and errors of description and the Auctioneers are not responsible for the
authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality
of any lot.
13. WARRANTY
1. Unless a warranty is given at the time of sale, the lots are sold as they stand with all faults,
imperfections and errors of description or otherwise. The purchaser shall be deemed to have
inspected the lots he buys.
2. Vehicles may not be immediately roadworthy or may be of such design as will not without
alterations, comply with the provisions of Road Traffic Acts or Regulations. The Purchaser
shall undertake to comply with such Acts and Regulations.
3 Vendors must comply with the Trade Descriptions Act 1968 and be capable of substantiating
all claims, descriptions, quality, manufacture, composition etc of their lots. Where a vehicle
is sold without reserve and/or without warranty it shall be implied that it is sold with all latent
and patent faults and imperfections and the Purchaser shall have no right to reject the vehicle.
4. Whilst every effort is made to verify vendors and purchasers clean title including a valid up to
date HPI Report, the Auctioneers accept no responsibility for unforeseen disputes regarding title.
5. Purchasers should be aware that the photograph included in the brochure is for illustration
purposes only and may differ to the actual appearance of the vehicle on the day of sale.
Bidders must therefore purchase the lot on its present condition at the time of sale.
6. Where a vehicle is purchased which does not comply with the Motor Vehicle (Construction
and Use) Regulations 1951 or any subsequent modification thereof the Purchaser shall not
remove it from the Auctioneers premises under its own power. Every vehicle is sold on the
understanding that it will not be used on a road in Great Britain until it has been put into such
condition that it may lawfully be so used.
7. Where any vehicle is sold with a warranty this shall extend to one hour after the close of the
auction sale. In cases of dispute the Auctioneers shall have the right to appoint a person to
act as arbitrator subject to the Arbitration Acts as modified by these conditions of sale. The
arbitrator’s decision shall be final and binding on all parties.
8. The Auctioneer acts solely as agent between the Vendor and Purchaser and in the event of
a dispute or refusal to pay or non-payment on the part of the Purchaser, they may, at their
discretion, annul and cancel the sale of such lot or lots.
14. PAYMENT TO VENDORS
Vendors shall be entitled to receive the purchase price of any lot or lots sold on the 15th
working day after the sale, provided that the Auctioneer shall have received the same and:
1. That the complaints procedure shall not have been invoked by or on behalf of the Purchaser,
when payment of what is due will be made to whom it is due as soon as practicable by the
Auctioneers after settlement of the complaint and:
2. That in the event of any acknowledged debt of the vendor being owed to the Auctioneers, the
latter shall have the right to set off such debt against the proceeds of sale.
3. Payment shall be withheld until a V5 or registration document, or certificate of nonregistration, is received.
4. If the Buyer fails to pay the Auctioneer the total Amount due within 21 days after the Sale,
the Auctioneer will notify the Seller and take the Seller’s instructions as to the appropriate
course of action. So far as in the Auctioneer’s opinion it is practicable, the Auctioneer will at
the Seller’s expense assist the Seller to recover the Total Amount Due from the Buyer, but the
Auctioneer shall be under no obligation to institute proceedings in its own name.
5. If circumstances outside the Auctioneer’s control do not permit the Auctioneer to take
instructions from the Seller, the Seller hereby authorises the Auctioneer, at the Seller’s
expense, to agree special terms for payment of the total Amount Due; to remove, store and
insure the Lot sold; to settle claims made against the Buyer or the Seller on such terms as
the Auctioneer shall in its absolute discretion think fit; to take such steps as are necessary
to collect the monies due by the Buyer to the Seller; and if necessary to rescind the sale and
refund money to the Buyer.
15. GENERAL CONDITIONS
1. The Auctioneers shall have the right, at its sole discretion, without assigning any reason, to
refuse any person admission to its Premises or attendance at any of its Sales, or to view
any Lot.
2. The Auctioneers may in its absolute discretion refuse to accept any bid, advance the bidding
as it may decide, withdraw or divide any Lot, combine any two or more Lots, and in the case
of dispute may put up any Lot for auction again.
3. A prospective bidder should register his intention to bid for a Lot by completing fully and
signing a Bidder’s Registration Form prior to executing his bid. If this has not been completed
before the fall of the hammer, the Buyer shall forthwith complete the Bidder’s Registration
Form. The Bidder shall also provide photographic identification. Failure to do so shall not
invalidate the sale, unless the Auctioneers, in its absolute discretion, so decides.
4. Where a Lot is illustrated by a photograph, in the case of a vehicle with a registration number
visible, that number will not be transferred with the vehicle to the Buyer unless the registration
particulars appear in the written part of the description and the transfer has been authorised
by the Seller. If the vehicle is sold to the Buyer before the formalities of the allocation of a
different registration number to that vehicle are completed with the DVLA, the Buyer accepts
that he will take all steps necessary to co-operate with either the Seller or the Auctioneers to
have the number re-transferred to the Seller or as may be, and will take no steps to register
the vehicle with the number in his name.
5. Any bid which fails to reach the Reserve may be submitted by the Auctioneer to the Seller
and if the Seller accepts that bid, the Lot will be deemed to have been sold to the Buyer at the
sum bid at the fall of the hammer and the normal Terms and Conditions will apply to that sale.
6. Whilst the interests of prospective Buyers are best served by personal attendance at the Sale,
the Auctioneers will if so instructed execute bids on their behalf. Neither the Auctioneer nor
its Employees or Agents will be responsible for any error or default in doing so or in failing
altogether to do so. Where the Auctioneer executes bids on behalf of an absent bidder, each
Lot will be bought as cheaply as is allowed by other bids and any relevant Reserve.
7. If a Buyer fails either to pay for or to take away any Lot, the Auctioneers may without further
notice to the Buyer, at its discretion and without prejudice to any other rights or remedies
it may have, exercise one or more of the following rights or remedies, as may be relevant,
in relation to any and all remedies for non-payment that the Auctioneers may choose to
exercise. The Buyer will pay to the Auctioneers all legal and other costs borne by it on a full
indemnity basis.
8. To charge interest at a rate not exceeding 3% per month over Natwest Bank’s base rate on
so much of the total amount due as remains unpaid after the date and time of the sale.
9. To issue proceedings against the Buyer for payment of the total amount due and/or
for damages for breach of contract. If the Seller decides to sell the Lot elsewhere, the
Auctioneers may proceed against the Buyer for the Commission which it would have earned
both from the Seller and the Buyer together with VAT on both had the Buyer paid for the Lot in
accordance with these Conditions.
10. To rescind the sale of that or any other Lots sold to the same Buyer at this or any other Sale,
in respect of which title has not passed.
11. To resell the Lot or cause it to be resold by public or private sale, such that any deficiency
in the total amount due resulting from such resale (after giving credit for any payment)
together with the full costs incurred in connection with the Lots shall be paid to the
Auctioneers by the Buyer; any surplus in excess of the Sale Proceeds of that resale shall
belong to the Seller.
12. To store the Lot at the sole expense of the Buyer and to release the Lot only after payment
in full of the total amount due, together with the accrued cost of the removal, storage and
insurance and all other expenses incurred in connection with the Lot.
13. To retain that or any other Lot sold to the Buyer at the same or any other auction and to
release the same only after payment of the total amount due.
14. To apply by way of set-off any Sale Proceeds of any Lot then due or at any time thereafter
becoming due to the Buyer towards settlement of the total amount due and expenses
and the Auctioneers shall be entitled to a lien on any property of the Buyer which is in the
Auctioneers possession for any purpose.
15. To reject or ignore any bids made by or on behalf of the defaulting Buyer at any future sales
or insist upon a cash deposit before accepting any bids in future.
16. All Lots are offered as seen with all faults and defects without any guarantee or warranty
attaching thereto as to condition, roadworthiness or otherwise and with all faults and defects
whether apparent upon examination or not.
17. In any event, neither the Seller nor the Auctioneers shall be liable for any indirect or
consequential loss whatsoever, and the maximum liability of the Auctioneers together with
its Employees and Agents, in the event of any claim against them arising from the sale of
any Lot shall be limited to the Hammer Price plus Buyer’s Premium in respect of that Lot.
18. These Conditions shall be governed by and construed in accordance with English Law. All
transactions to which these Conditions apply and all matters connected therewith shall also
be governed by English Law. Each of the Auctioneer, the Seller, the Buyer and any bidder
hereby submits to non-exclusive jurisdiction of the courts of England and Wales.
19. If the Seller wishes to retain the registration number of a Lot, it is the Seller’s responsibility
to notify the Auctioneer in writing on the Entry Form. It is the Seller’s responsibility to take
all necessary steps to ensure that the current registration number is retained and a new
number allocated prior to the Lot being sold. If the Seller does not do so, the Auctioneer
shall not be responsible for any loss or damage whatsoever and howsoever arising out of
the Seller’s loss of the right to the registration number following the sale of the Lot.
20. The Auctioneer shall have absolute discretion whether or not to accept any Lot for sale and
shall be entitled to select the auction place, date, catalogue placement and photographs
for the Lot.
21. The Seller is wholly responsible for the factual accuracy of, and for any judgments or
opinions expressed in, the catalogue description of each Lot entered by him, and for any
error, misstatement or omission of information in that description. Whether the description
has been prepared by the Auctioneer or the Seller, a copy of the typed text will be provided
to the Seller within a reasonable time prior to the Auction, and unless the Seller reacts with
comments or changes prior to the Auction, the Auctioneer may treat that description as
accepted by the Seller.
22. The Seller warrants to the Auctioneer and to the Buyer either that he is the true owner of
the Lot or that he is duly authorised to sell the Lot by the true owner, and is able to transfer
or procure transfer of good and marketable title to the Lot free from a third party claims or
encumbrances.
23. In the event of an unsettled hire purchase, finance agreement or any other charge or lien
affecting the Lot, the Auctioneer reserves the right to settle the amount due of such charges
not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges
outstanding the Seller will be responsible for the settlement of the balance forthwith.
24. The Seller shall indemnify both the Auctioneer, its Employees and Agents, and the Buyer
separately, against all payments, costs, expenses, demands, or any loss or damage
whatsoever and wheresoever incurred or suffered by any of them in respect of any breach
of these Conditions on the part of the Seller.
25. The Seller shall maintain their insurance of the Lot until they are in receipt of the Sale
Proceeds.
26. During the viewing period, due to the large number of vehicles on site and the small
spaces between them, we cannot accommodate groups (2+), children (aged 16 and under),
or pets. Please leave all bags in your vehicle.