Special Conditions of Sale and Entry
These Conditions supplement the General Conditions of Sale displayed in the Main Office and in the case of amendment or contradiction, the details contained in the Special Conditions take precedence over the General Conditions of Sale.
The Auctioneers act as Agents for the Vendor and as such are not responsible for any default by the Vendor or Buyer.
Any reference to the age of the vehicle in the particulars is intended to be a reference to the year of first registration of the motor vehicle in the United Kingdom.
Any announcement referring to the number of owners describes the number of registered owners shown on the registration document.
All vehicles will be sold with any current excise licence attached to it.
To enter a lot in an auction the Vendor must deliver to the Auctioneers:
- An entry form from the Auctioneers completed and signed by the Vendor or Vendors Authorised Agent
- The entry fee
- The vehicle, all keys, including RED or coded keys and radio
- The registration document (V5) and any test documentation relating to the vehicle
The Auctioneers reserve the right to refuse to accept an entry without giving a reason.
The Auctioneers reserve the right to charge an entry fee on each occasion that a vehicle is offered for sale. This condition applies to vehicles unsold which are later offered in the same sale.
The Vendor warrants to the Auctioneers and the Buyer that:
- He/She is the true owner of the vehicle or is authorised to sell the lot by the true owner
- He/She is able to transfer good and marketable title to the vehicle free from any third party claims
- All information on the entry form is correct
The Vendor will indemnify the Auctioneers and their servants and agents and the Buyer against any loss or damage suffered by them in consequence of a breach of the above warranty on the part of the Vendor.
The Auctioneers may make announcements or publish information supplied by the Vendor about any vehicles and the Vendor will indemnify the Auctioneers if any information or publication is found to be incorrect.
The Auctioneers reserve the right to refuse admission to their premises or require any Vendor to remove a vehicle from the premises or to remove the vehicle themselves and recover the cost from the Vendor.
The Auctioneers reserve the right to withdraw any lot without giving prior reason and to put up for resale any lot on which a dispute arises.
The Auctioneers may accept written instructions on behalf of prospective Buyers but these are accepted strictly on the basis that the Buyer is deemed to have viewed the lot.
A lot sold ‘as seen’ means that the lot is purchased with all it’s faults (if any) and the contract relating to such a lot shall contain no representations, warranty or other guarantees (expressed or implied) and all the warranties implied by statute, common law, custom or otherwise expressly excluded as to the suitability, fitness for purpose, merchantable quality or road worthiness of the lot. A lot will be deemed to be sold ‘as seen’ if the lot is 5 years of age or older (including vehicles which have cherished numbers) or is sold for £1,500.00 or less or is so described on the instruction of the seller and as announced as such by the Auctioneer.
A lot sold with ‘no major mechanical faults’ is a declaration made by the Vendor that the following do not have serious defects at the time of the sale: ENGINE, GEARBOX, CLUTCH, BRAKES, STEERING AND TRANSMISSION. No complaint will be considered for any part which is deemed to have been inspected by the Buyer prior to the sale.
Complaints on the ‘no major mechanical faults’ condition must be reported within one hour of the end of the sale. (The Auctioneers reserve the right at their discretion to extend this period). The lot must be returned with keys and all the documentation provided and the Buyer must not leave the site until the complaint has been registered. The Buyer must sign and submit a complaint report form.
Vehicles sold ‘as seen’ will be announced before or during the bidding.
BUYERS ARE STRONGLY RECOMMENDED TO HAVE ALL PURCHASES CHECKED BY A QUALIFIED MECHANIC PRIOR TO BEING DRIVEN ON A PUBLIC HIGHWAY.
Vendors and Buyers must make provision for their legal obligations relating to MOT, insurance, tax and road worthiness.
Under no circumstances will the mileage be treated as warranted if not announced as such at the time of the sale and the mileage reading on the vehicles is not to be taken as a representation of its true mileage.
VAT is payable on commercial vehicles and people carriers with 12 or more seats unless otherwise stated.
Where the Auctioneers accept an entry of a vehicle without a vehicle registration document or current valid test or plating certificate and an announcement is made at the time of the sale, the Auctioneers and the Vendor will be under no obligation to obtain such documentation and the Buyer will be responsible for obtaining the same.
All documentation described by the Vendor as to follow must be received within 10 days of the sale. Monies for such vehicles will be retained until receipt by the office of such documentation and the Auctioneers reserve the right to cancel any such sale if the Vendor fails to fulfil this condition.
Provisional sale means that the final bid is accepted subject to the Vendors approval. Once the provisional bid has been accepted, then our normal terms of conditions apply.
At the fall of the hammer the Buyer must supply the Auctioneer with his/her name and address, a deposit of £200 or 10% of the purchase price whichever is the greater, payable by cash, bankers draft or credit/debit card. The Auctioneers may at their discretion re offer a lot where a Buyer fails to comply with this condition.
Title will not pass to the Buyer until payment is made in full.
The Buyer must remove lots within 48 hours of the sale but not before payment has been made and cleared. The Buyer will be responsible for removals, storage and insurance charges on any lot not removed within 48 hours.
The vehicle is entirely at the risk of the Vendor from the time of delivery until sold from which point the vehicle is entirely at the risk of the Buyer. The Auctioneers or their servants shall not be responsible for any loss or damage of any kind whether caused by negligence or otherwise while a lot is in their custody or control.
The Buyer is responsible for fulfilling all legal requirements before using the lot on any road.
The Auctioneers may at the request of the Vendor obtain at the Vendors expense an engineers report. The Auctioneers accept no liability for any inaccuracies in the engineers report or any announcements made based upon the content of the report.
Accepted methods of payment are:
Cash, Bankers Draft, Credit Card or by Cheque (but only if the customer is an Account Customer)
All payments to be complete within one hour of the close of sale.
The Buyer will pay VAT at the appropriate rate where applicable.
Lots which are not paid for in full or removed in accordance with these conditions will entitle the Auctioneers acting as agents for the Vendor to exercise the following:
- Proceed against the Buyer for breach of control
Rescind the sale of the vehicle to the defaulting Buyer
- To resell the lot at public auction and charge any resulting deficiency to the defaulting Buyer after deduction of part payments, and resale costs.
- Remove, insure and store the vehicle at the defaulting Buyers expense.
- Charge interest at 0.5% above the HSBC rate on the purchase price if unpaid for longer than 24 hours after the sale.
- To retain possession of all lots sold to the same Buyer until settlement of the purchase price.
- The Auctioneers reserve the right to refuse to take bids at future sales from the defaulting Buyer.
- To exercise a lien over any lot taken away and to recover the lot from the Buyer or from any party to whom the lot has been disposed.
- The Buyer hereby authorises the Auctioneers to enter onto his premises for the purposes of removing such vehicles.
Payment will only be passed to the Vendor on receipt of cleared funds for the entire purchase price.
Catalogue details are given for identification and guidance only. Any warranties, conditions or descriptions are those given specifically at the time of sale on behalf of the Vendor.
The highest bidder shall be the Buyer. If any dispute arises as to any biding then at the discretion of the Auctioneers the lot shall be immediately put up and resold or the Auctioneers will determine the dispute, and their decision will be final and binding on all parties.
The Auctioneers reserve on behalf of themselves and the Vendor the following rights:
- To fix a reserve
- To bid on behalf of the Vendor
- To rearrange or withdraw lots from the sale
Vehicle chassis numbers and engine numbers on registration document, MOT, service book and any other documentation must match those found on the vehicle. In the absence of documentation of these numbers through DVLA, or HPI Check the vehicle will be found to be misrepresented.