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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.

2. Agency


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

 

 

4. Buyers Authority

 

 

 

5. Title

 

 

 

6. Description of Lots

 

 

 

 

 

 

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.


8. Collection


 

 

 

 

 

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.

11. Damage


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

 

 

 

13. Additional Items


 

 

14. Provisional Bids and Reserves


 

 

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


 

 

17. Time


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.

18. Software


 

 

 

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


 

 

 

 

21. Parking


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

 

 

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.

24. VAT

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.

26. Indemnity


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.

27.Variations


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.

 

29. Severability

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.

 

SPECIAL NOTICES

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.