Sale Conditions Motor vehicles
1 ENTRIES CLOSE: Entries close 1½ hours before the start of the sale unless otherwise stated.
2 ENTRY FEE: An entry fee of £30 (inc.VAT) shall be payable in advance of sale on all lots. The entry fee covers for two consecutive sales.
3 COMMISSION: In addition to the entry fee, commission will be charged to the vendor on lots sold on each vehicle as follows:
5% up to £3,000, 2.5% thereafter. Minimum commission - £25. Furthermore, commission will be charged on all cancelled sales at the original sale price rate, subject to the auctioneer’s discretion. All charges plus VAT.
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 the VAT Auctioneers Margin Scheme unless written instructions are received to the contrary.
(2) Where VAT is to be charged on lots, it will be announced at the time.
5 PRIVATE SALES:
(1) Any lot entered or advertised for sale by the Auctioneers should not be sold by the owner privately within 7 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 saleground, 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.
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. Vehicles 10 years old WITHOUTa current MOT shall be sold with NO RESERVE. Vehicles over 14 year WITH orWITHOUT a MOT will be sold WITH NO RESERVE (Exclusions apply to Classic, Sports, Historic Vehicles and subject to the Auctioneers discretion).
7 VENDORS/PURCHASERS RISKS:
(a) All lots are accepted and remain on the saleground at the vendor’s risk. The Auctioneers shall be under no liability to notify vendors if lots are not sold.
(b) Each lot shall be sold at the sole risk of the purchaser on the fall of the hammer. All vehicles are SOLD AS SEEN, unless sold with a warranty. (See paragraph 13 - Warranty)
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.
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:
(1) All purchases shall be paid for on the day of the sale direct to the Auctioneers before removal and no lot to be removed without the written authority of the Auctioneers. Cheques will not be accepted unless prior arrangements with the Auctioneers have been made. Credit/Debit cards can be accepted but only in normal office hours (9a.m to 5p.m.) Payments made by Credit Cards will be subject to a 2% plus VAT Credit Card Charge. There is no charge for Debit Cards. 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) A cash deposit of 10%, minimum £100, must be left with the Auctioneers clerk at the time of sale, unless prior arrangements have been made with the Auctioneers. This deposit will be deducted from the sale proceeds, or in the event of a provisional bid and the sale not completing, refunded.
(4) 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. The Auctioneers reserve the right to request proof of name & address of all purchasers before any lot is removed from the sale ground. This can be achieved with either a new style driving licence or a utility bill in the purchaser’s name.
11 REMOVAL OF LOTS: All lots must be cleared from the saleground within 2 working days of the date of the sale 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 per lot per week, plus VAT, notwithstanding Clauses 2 & 6 above.
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 or 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, mileage, condition or quality of any lot. Where a vehicle is entered that has a brake problem, the vehicle will be entered with the fault being described. If necessary, it will be sold as a "Non Runner". Failure to disclose a brake problem may lead to the cancellation of the sale and full commission and entry fee being charges.
13 WARRANTY:
(1) Unless a warranty is given at the time of sale, all lots are sold as they stand with all faults, imperfections and errors of descriptions or otherwise. The purchaser shall be deemed to have inspected the lots he buys before bidding.
(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) Any vehicle sold for less than £1,000 or more than 7 years old will be deemed to be automatically without warranty and with all faults as per condition 13(3).
(5) 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.
(6) Where any vehicle is sold with a warranty this shall extend to one hour after the close of the auction sale. Cracked engine blocks and cylinder heads must be notified within 30 minutes of the time of 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.
(7) The Auctioneers act 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.
(8) All vehicles will be sold with mileages that shall be deemed to be unwarranted, (unless announced by the Auctioneer at the point of sale). Vendors stating that the mileage is correct on any lot must be able to substantiate any mileage claim.
14 PAYMENT TO VENDORS: Vendors shall be entitled to receive the purchase price of any lot or lots sold on the eighth day after the sale, provided that the Auctioneers 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 registration document (V5), or certificate of non-registration is received, unless the vehicle was sold with having no V5. Payment shall also be withheld until a valid MOT certificate is received, unless the vehicle was sold with not having one.
(4) Payment shall be made by mean of a cheque unless the Vendor has given written instructions on the entry form that they wish to receive monies due by BACS. No money due to a vendor will be paid in cash.
15 INDEMNITY: On the making of the Contract of Sale the Purchaser shall pay to the Auctioneer a Service Charge as follows:- Vehicles selling for £100 or less, an Indemnity of £20 will be payable. Vehicles selling for £101 to £250 an indemnity of £30 will be payable. Vehicle selling for £201 to £500, an indemnity of £35 will be payable. Vehicles selling for £501 to £1000 an indemnity of £40 will be payable. Vehicles selling for £1001 to £2000, an indemnity of £45 will be payable. Vehicles selling for £2001 to £3500, an indemnity of £50 will be payable. Vehicles selling for over £3501 an indemnity based on 1.75% of the purchase price. All indemnity charges are plus VAT. In consideration therefore the Auctioneer shall indemnify the Purchaser against:-
(a) Any loss caused to the Purchaser arising from any defect in the Seller’s title subject as hereinafter provided.
(b) The maximum sum payable to the Purchaser by the Auctioneer in the event of such loss arising from a defect in the Seller’s title shall not at any time exceed the Purchase Price paid for the vehicle less the depreciation in value of the vehicle between the date of purchase and the date at which the Purchaser loses possession of the vehicle by reason of the defect in the Seller’s title.
(c) Any claim by the Purchaser for an indemnity under this provision shall be made in writing to the Auctioneer at its place of business within 7 days of the receipt by the Purchaser of any Notice or knowledge of any actual or potential claim against the Purchaser by reason of an alleged defect in the Vendor’s title and in respect of which the Purchaser intends to claim to be entitled to an indemnity hereunder.
(d) The Purchaser shall not be entitled to seek an indemnity hereunder by reason of a difference between the chassis number on the vehicle and that appearing in Form V5 or by reason of an apparent alteration or removal either wholly or in part of the chassis number on the vehicle except by making a claim in writing to the Auctioneers received by them within 2 working days of the date of the sale.
(e) The indemnity afforded to the Purchaser by the Auctioneer hereunder shall be valid for a period of one year from the date of sale of the vehicle and arises only where the Purchaser loses possession of the vehicle to a person having a prior and valid title thereto.
(f) On the payment of any sum by way of indemnity hereunder the Purchaser shall assign to the Auctioneers all rights of action in respect of the vehicle or otherwise against the Vendor or any other person by such means as the Auctioneers may prescribe.
(g) For the avoidance of doubt, time shall be of the essence in relation to this clause.
(h) All vehicles sold for over £750 and under 10 years old, will be checked on the HPi V/Car register for “Write Offs”, Finance, and Security purposes. Vehicles sold for under £750 and over 10 years old, will be checked for Finance and Security purposes only.
(i) Regardless of (h) above, any vehicle found to be on the V/Car register as a Category A or Category B insurance Write Off, the sale will be cancelled, at the Auctioneers discretion. Furthermore, where a vehicle is found to be of such quality, it is in the interests of the Auctioneers to annul the sale, they may do so at their discretion.
16 FINANCE AGREEMENT: Where any Lot or Lots sold are found to be subject to Hire Purchase or Finance Agreement, the Auctioneers reserve the right to discharge the existing liability to the Finance Company concerned remitting the balance, if any, to the Vendor on receipt of a Clearance Note from the Finance Company.
17 DOCUMENTATION: All documentation, including Registration Document (V5), Valid MOT Certificate, Tax Disc, etc, should be handed into the office when the vehicle is entered for the auction. The Auctioneers accept no responsibility for any items that are left in vehicles and therefor Vendors should check them before entering them into the sale.
No servant or Agent of the Auctioneer has any authority to vary these Terms and Conditions. (Issue 14– 04.01.10)
