General Terms and Conditions of Sale
1. Applicability of General Terms and Conditions of Sale
These General Terms and Conditions of Sale ("Terms and Conditions’) apply to any and all sales conducted by DB Auctions Limited ("the Auctioneers"), whether they be Auctions, Tenders (whether formal or informal), Private Treaty or any other method of sale. These Terms and Conditions may be supplemented by additional or Special Terms and Conditions within the Auction/Tender catalogue or listing. In a sale by Tender or Private Treaty, the term "Auctioneers" shall mean "Agent", and the term "Auction" shall mean "Sale. In the event of any inconsistency between these Terms and Conditions and any "additional" or "Special terms and conditions within the Auction/Tender Catalogue or listing, the additional or special terms and conditions will prevail. These Terms and Conditions also include the "Important Information" that is published on the Auctioneers website.
The Auctioneers act as agents for the seller only. The Auctioneers have no responsibility for any default by either the buyer or seller. The Auctioneers do not provide any warranty or guarantee as to the title of any lot or lots sold by them, and will not in any circumstances be responsible for any defect in the title of any goods sold.
3. The Auction
- The Auctioneers reserves the right to cancel or refuse any bid that is made, at its own discretion. In the event of any dispute, the Auctioneers shall have absolute discretion to settle the matter as it thinks fit and the Auctioneer’s determination in this regard is final.
- The Auctioneers shall rule the bidding. No bid shall be retracted without the written permission of the Auctioneers. The Auctioneers reserve the right to bid on behalf of the seller for any lot (either with a reserve or subject to the Auctioneers' discretion), and to withdraw, consolidate or divide any lot or lots. The highest bidder in any auction shall be acknowledged as such by the Auctioneers and is referred herein as the "buyer".
4. Buyers Authority
- The bidder whether acting as agent on behalf of a named or unnamed principal or acting as principal themselves, are deemed to have the authority for each bid made and will be held equally liable with their principal (where relevant) for all obligations and liabilities in relation to the sale.
- Bidders should ensure prior to registering that they have the authority to bind whatever entity they register as, to the conditions of sale, that they are 18 years or over and that they keep any user ID and password safe and private from any person other than those they are happy have equal authority to bid.
- It is condition of registration that the registrant accepts all responsibility for any bids placed using his registered account, whether the actual person who places the bid has the registrant’s permission or not.
Title to the lot/s purchased will not pass to the buyer until the buyer has paid the Auctioneers in full the total amount due (including Buyers Premium and VAT where applicable), and the Auctioneers have applied such payment to the lot. No lots may be removed or collected until the total account for all the lots purchased has been paid in full.
- The Auctioneers at all times shall be under no duty to the seller whatsoever to make enquiries of any nature as to the title of any lots, or to disclose to the seller, buyer or any other person whosoever the result of any enquiry, such enquiry being made entirely at the discretion of the Auctioneers.
- In the event that any lot/s sold are found to be subject to any outstanding finance, hire purchase or leasing agreement, the Auctioneers reserve the right at their discretion to discharge the existing liability to the finance company concerned remitting the balance, if any, to the seller on receipt of evidence of clearance from the said finance company or organisation.
6. Description of Lots
- Whilst the Auctioneers as agents for the seller use their best endeavours to ensure that lots are accurately described, they are not responsible for the correct description, genuineness or authenticity of any lot, and make no warranty whether express or implied with respect to the same. The buyer, upon placing a bid (whether in person or through an agent) is deemed to have inspected the lots and satisfied himself as to their condition.
- The buyer is deemed to have inspected and approved the lots he buys, and if he buys without proper previous inspection, he shall be deemed to have done so at his own risk. No guarantee is expressed or implied either by the seller or the Auctioneers in the lots as to performance, output, reliability, service, and suitability for purpose, quantity, size or any other matter. No person within the Auctioneers' employment has any authority to make or imply any representations, warranties or guarantees.
- Whilst it is believed that the quantities, descriptions and measurements as stated in the catalogue or listing are correct, the Auctioneers will not be responsible for any error or mistake therein, and no buyer shall make any objection thereto, or be entitled to any compensation by reason of such error or mistake. Many of the goods catalogued are described by make, type, size, output, etc. It should not however, be assumed that they are in their original manufactured condition, complete with all component parts, and in working order, nor should it be assumed that vehicles, trailers and mechanical equipment can be put into working order, or that vehicles and trailers are, or can be roadworthy. Goods which appear to be in their original wrapping or container and unused may have incurred many years of shelf life. Lots may be new, used, soiled, damaged, broken or incomplete. Further, in view of their age or condition some goods may not comply with current safety legislation.
- Prospective buyers are particularly reminded that it would be an offence under the Consumer Protection Act 1961 and the Consumer Safety Act 1978 for them to sell or supply goods which do not comply with the current regulations made under either of those Acts.
- The lots are not sold "by sample" but in any case where a sample shall be displayed, it is done strictly on the condition and understanding that this sale shall contain no implied condition or warranty as to the quality or otherwise or that the lots are free from any defect rendering them un-merchantable or fit for purpose
- Any mileage stated for motor vehicles are odometer readings. The seller does not know (and does not warrant) that the odometer reading is accurate and indicates the correct reading of the mileage of the vehicle. The buyer should therefore ignore the odometer reading and assume that it is incorrect. A vehicle registration mark does not necessarily indicate the date of manufacture of the vehicle.
7. Transfer of Risk
Notwithstanding the fact that title does not pass until the lots are paid for as referred to in clause 3 herein, each lot (apart from motor vehicles) shall be held uninsured at the buyer's sole risk as from the fall of the hammer, and are sold as seen with all faults, defects and imperfections. No responsibility is accepted for any loss of (or damage to) lots from the fall of the hammer.
- Collection can be made at the times stated in the auction catalogue or auction particulars only or by prior written arrangement with the Auctioneers. For the avoidance of doubt, lot/s cannot be collected until they have been paid for in full as.
- The Auctioneers do not in any way accept responsibility for arranging or facilitating the delivery or collection of any lot/s. Buyers purchase lot/s where they lie and it is the buyer’s responsibility to provide any necessary labour, lifting tackle and equipment required to remove their lot/s.
- Where lots are fixed or connected in any way, the buyer must have the removal/disconnection carried out by suitably qualified/experienced personnel (with appropriate insurance cover which must be produced to the Auctioneers if requested). The buyer remains responsible at all times for leaving the site safe and for any damage caused to the premises and/or other lot/s whether caused by himself or his agent, servant or employee.
- It is the responsibility of the buyer, their agent and/or their carrier/driver to ensure that all loads do not contravene road, traffic or any other regulations.
- Lots that are not collected within the timescale set out in the auction catalogue or auction particulars will become subject to a storage charge of £5 per lot, per day (plus VAT), or 5% of the hammer price (whichever being higher). Late collections can only take place strictly by arrangement and appointment only, and such appointment may involve delay until we can accommodate collection. Such delay will increase the storage charges due by late collection pro rata.
9. Non- Compliance
Should a buyer fail to comply with any of these "General Terms and Conditions of Sale", and/or any special or additional Terms and Conditions relevant to the sale in question, and/or fails collect within the timescale stated in the catalogue, the Auctioneers reserve the right at its discretion to resell any such lot/s by public or private sale without reserve and without notice to the buyer. If upon resale as foresaid a lower price is obtained for any lot than was obtained at the first sale, then any such shortfall will be a debt due from the buyer in default in the first sale. Irrespective of the price the Auctioneers receive on resale, the buyer will be responsible for any and/all additional costs of the Auctioneers including storage at either £5.00 per lot per day, or 5% of the hammer price per lot per day (whichever being greater), advertising, handling, selling costs, insurance etc. Furthermore, the Auctioneers reserve the right in the alternative, to move lots outside the premises (at the buyer’s risk), if said lot/s are (in the Auctioneers’ opinion) restricting the use of the auction room.
10. Movement or Relocation of Lots
The Auctioneers reserve the right at its discretion to move any lots, which I their opinion are restricting the use of the auction premises and/or inhibiting collectors and/or need to be moved to assist in other activities taking place on the premises. Movement of assets in such circumstances is entirely at the buyer’s risk, and the Auctioneers bear no responsibility or liability for any loss or damage such as may be incurred during any such movement. The Auctioneers are not obliged to inform the buyer in advance if any lot/s require to be moved.
In the event of damage being occasioned to any lot or to the Auctioneer’s premises at the viewing or before, during or after a sale, such damage shall be the responsibility of the person committing such damage, principals being responsible for the actions of their servants, subcontractors and/or any other persons in the premises on their behalf, such damage to be assessed by the Auctioneers. Cutting or welding equipment or the use of explosives is strictly prohibited without the Auctioneers' express permission, in writing.
12. Third Party Liability
All buyers should be aware that auction sites are potentially dangerous. Flammable, noxious, corrosive and pressurized substances and containers may be present. Heavy equipment and forklift trucks may be in use. Electrical circuits may be live. Whilst the Auctioneers take all reasonable care for the health and safety of visitors every person on the Auctioneers' premises at any time should be deemed to be there at his own risk. He/she shall have no claim against the Auctioneers in respect of any injury he/she may sustain or any accident, which may occur, prior to, during or after the sale, or at any other time on the Auctioneers' premises.
- Buyers who visit the Auctioneers premises agree to indemnify the seller and the Auctioneers against all suits, claims, demands and actions whatsoever which the seller may suffer in connection with that item.
- Neither the seller nor the Auctioneers make any recommendation of any other organisation or represent the competence of any other organisation's representatives or advertising literature which is placed at or on the Auction Premises, by reason only of the fact that the seller or Auctioneers have allowed such representation or literature to be available or distributed at or proximate to the Auction.
13. Additional Items
- Any item, which is attached to or may be found in, under or near any lot not being mentioned in the sale catalogue, is reserved by the Auctioneers for the sellers.
- Any items that are used to display lots such as pallets, trolleys, tables, racks or display units are expressly excluded from the sale and may not be removed from the premises.
14. Provisional Bids and Reserves
- Where the seller has placed a reserve price upon a lot which is not reached when the lot is offered, the Auctioneers will inform the seller of the highest bid achieved, and in the event that the highest bid or a later bid is acceptable to the seller, then the highest bidder will become the buyer of the lot, and be bound by these Terms and Conditions of Sale. The Auctioneers retain the right (on the seller’s behalf) to place a reserve on any lot at any time up to the fall of the hammer.
- In the instance of online auctions, where at the time of bidding there is an indication that the reserve has not been met, the Auctioneers reserve the right to lower the reserve price to meet the price bid at any stage, including after bidding has closed, up to a maximum of 24 hours after the last lot in the relevant auction has closed. In this event, the highest bidder will be deemed to be the buyer and bound by these Terms and Conditions.
15. Lots Sold following Auction
Lots sold after the auction (are unless stated to the contrary) subject to these General Terms and Conditions of Sale, applicable if the lots had been sold during the auction.
16. Health and Safety Regulations
- The Auctioneers for himself or herself and on behalf of the seller accept no responsibility whatsoever for any lot/s sold which subsequently prove to contravene any Health and Safety Regulations in force at the time of the sale.
- In order to comply with section 6 (8) of the Health and Safety at Work 1974, buyers undertake to comply with the guarding requirements under the said regulation
In respect of any and all these Terms and Conditions and notes, "time is of the essence" unless the contrary is indicated or agreed in writing.
- All IT or media items or systems that are sold are intended and deemed to be sold without software of any kind unless such software is specifically nominated within the description of the system or media item.
- In the event that such items are sold with any software the Auctioneers and the seller accept no liability for any damage caused by the presence of such software. Further, the Auctioneers does not warrant that any such software is fit for purpose or functioning properly or has been installed in accordance with any instructions or licence agreement.
- The buyer shall upon taking collection of any such system remove immediately upon purchase from any hard disk or system containing a hard disk or any other media, all programs including any operating systems to which the purchase of the said hard disk system or other media. For the avoidance of doubt, the Auctioneers and/or the seller does not convey (or transfer as the case may be) to the buyer any licence or permission to use such programs or operating systems unless the contrary is indicated expressly in writing.
19. Transfer of Lots
Upon the purchase of any lot/s the buyer is not entitled to transfer the said lot/s without the express written permission of the Auctioneers.
20. Searching of Vehicles
- The Auctioneers reserve the right, without notice to the buyer, to randomly search vehicles carrying Goods before such vehicles leave the Auctioneers' premises, in order to check that the goods being removed correspond to the Auctioneers' particulars.
- The said right shall include the right to search the whole of the vehicle, and the right to require the vehicle to be unloaded if this is necessary for the check to be made. If the vehicle collecting goods is not owned or hired by the buyer, the buyer shall ensure the owner or hirer agrees to the exercise of this right by the Auctioneers. The Auctioneers’ "Premises" includes the total site.
- Under no circumstances will Auctioneer be liable for the payment of compensation to the buyer (his agent) in the event of any loss associated with such search.
Vehicles may at the discretion of the Auctioneer be parked in the Auctioneers' car park, but only at the owner's risk. The Auctioneers may at their discretion limit such parking and impose any conditions associated with such parking at any time.
22. Road Traffic Act Provisions
For the avoidance of doubt buyers are reminded that any vehicle or trailer sold in any sale may not be roadworthy, or may be of such design as will not, without alteration, comply with the Acts and Regulations relating to its construction, equipment and use. It may be an offence to use on a road a motor vehicle or trailer which does not comply with these Acts and Regulations, and accordingly it is a condition of the contract of sale that the buyer shall in respect of each vehicle or trailer purchased by him undertake not to use it/them or cause or permit its/their use on any road in Great Britain to which the Road Traffic Acts apply until it/they complies/comply in every respect with the requirements of the Acts and Regulations relating to its/their construction, equipment and use, and accordingly to make such arrangements for its/their transportation from the Auctioneers' Premises as may be necessary having regard to its/their condition to ensure its/their lawful removal in accordance with my/our obligations under the Contract of Sale.
- The Auctioneer reserves the right to require that the buyer produce any licence, document or other evidence which relates to the buyers said responsibilities and is entitled to withhold release of the vehicle or trailer sold until the same is produced.
23. Export of Goods
The sale of goods described in the auction catalogue shall not either expressly or by implication indicate that any Department of Trade and Industry Licence for export of goods in their present (or modified condition) will or may be granted to the buyer. The application for any such licence remains at all times entirely a matter for the buyer.
Any buyer intending to export items purchased at the auction must pay any Value Added Tax in the normal way and make their own arrangements with HMCR in relation to any refund, if appropriate.
25. Rescission By Seller
Following the sale and in the event of the seller being unable to provide a "good and sufficient title" to or delivery of any lot or part thereof before its removal, or if in seller's opinion the removal of such any lot will endanger or permanently damage any building or other property, the seller may by written notice to the buyer of such lot, delivered to him or his agent or sent by first class post to his last known place of abode or business last known to the Auctioneers, rescind the sale of such lot and repay the buyer any deposit or purchase money paid in respect thereof without deduction.
The buyer shall indemnify the Auctioneers and the seller in any actions resulting from the buyer's failure to observe the obligations and these Terms and Conditions generally but particular reference is drawn to Clauses 12.2, 16.2, 18.3, 23 and 30 herein.
No member of the Auctioneer’s staff is authorised to make any variations to these terms and conditions unless so authorised in writing by a Director.
28. Applicable law
These Terms and Conditions are subject to the laws of England and Wales irrespective of the location or domicile of the parties to the agreement. The Auctioneers unilaterally and solely reserve the right to require that any dispute be determined by arbitration in accordance with the Arbitration Act 1996 or replacement statutory provision.
In the event that any provision within these Terms and Conditions is found to be unlawful or invalid such does not prevent the remaining and unaffected provisions from being binding on the parties.
30. Misrepresentation Act 1967
The auction catalogue or any part of it does not constitute any part of an offer or contract. All prospective buyers attention is specifically drawn to the Terms and Conditions within the catalogue or listing in addition to these General Terms and Conditions of Sale. For the avoidance of doubt, all statements contained in the catalogue or listing as to the lots, are made without responsibility on the part of the Auctioneers or the seller. Any prospective buyer must confirm by inspection or otherwise the accuracy of any descriptions, quantities, etc., contained within this catalogue and no statements herein are to be relied upon as statements or representations of fact. For the avoidance of doubt, neither the sellers nor the Auctioneers, nor any servant or agent or any person in the employ of either of them have any authority to make or give any representation or warranty.
29. Unfair Contract Terms Act 1977
Prospective buyers should note that sales by auction are not consumer sales for the purpose of the Unfair Contract Terms Acts, 1977.
30. Sale of Goods Act 1979
No lot is warranted or held out to be merchantable or safe for use or complying with statutory for use, display or movement.
Neither the Auctioneers nor the sellers, nor their servants and agents have any authority to make any representations unless indicated to the contrary.
30. Health and Safety at Work Act 1974
The goods are not sold as articles for use at work, or at home, and they are sold on the strict understanding that the seller does not represent them as being in a condition which makes them suitable or safe for use at work or home. Any oil/gas fired, electrical appliances, machinery, plant or equipment are sold as scrap or for refurbishment only, and in their current condition are not necessarily compliant with the requirements of the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987. All buyers should understand that before any item/s sold are subject to use, they must undertake to refurbish the items and render them compliant with the aforementioned acts.