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Terms & Conditions of Sale

Entries Close

Entries close 24 hours before the start of the sale unless otherwise stated.

Entry Fee - Vehicles

An entry fee of £35 plus VAT shall be payable in advance of sale of all vehicle lots.

Commission

In addition to the entry fee, commission will be charged to the vendor and buyer on each vehicle as follows -

  1. up to £499 ~ £50 +VAT
  2. £500- £999 ~ £75 + VAT
  3. £1000 - £2000 ~ £150 + VAT
  4. £2001 - £20,000 ~ 7.5% + VAT
  5. £20,001 and above 5% + VAT, or by negotiation with the Auctioneers prior to the sale.
  6. Bicycles and Automobilia 20% + VAT. minimum charge £5 + VAT.

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.

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.

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.

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 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.

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.

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.

Payment

  1. 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) Cheques will not be accepted unless prior arrangements with the Auctioneers have been made. 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.
  2. Transfers of purchases will only be recognised at the sole discretion of the Auctioneers.
  3. 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.

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 week, 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.

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.

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.

Payment To Vendors

Vendors shall be entitled to receive the purchase price of any lot or lots sold on the 10th 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 non-registration, 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.

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.
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