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1.
Definitions and Interpretation
In
these Conditions, the following words and expressions shall have the
following meanings:
“Auctioneer”
means the representative of Pontypridd Auctions controlling the
auction;
“Buyer”
means the person who makes the highest bid for any lot accepted by the
Auctioneer;
“Buyer’s Premium”
means a sum of 10%, which shall be inclusive of VAT, of the Hammer
Price;
“Hammer Price”
means the price, inclusive of VAT (if applicable), at which the
hammer is struck in respect of the relevant lot;
“Pontypridd Auctions”
means Pontypridd Auctions Limited.
“Seller”
means the owner or the owner’s agent or the person in possession
of each
lot prior to Pontypridd Auctions taking possession of such lot for
the purpose of sale by auction.
If there are multiple owners or agents or persons in
possession, each shall assume, jointly and severally, all
obligations, liabilities, representations, warranties and
indemnities set forth in these Conditions;
2.
Conduct of the Auction
2.1
The Auctioneer will regulate the bidding.
2.2
The Auctioneer reserves the right to fix a reserve price for
any lot.
2.3
Pontypridd Auctions and/or the Auctioneer may, at their sole
discretion and without giving reason, refuse to allow any person to
enter the auction premises, refuse any bid and/or refuse to accept
the bidding of any person.
2.4
Pontypridd Auctions acts as agent for the Seller (except
where it is stated wholly or partly to own any lot as principal) and
accordingly each sale made by Pontypridd Auctions as agent shall
create, at the time the hammer is struck in relation to the relevant
lot, a contract of sale between the Seller and the Buyer and
Pontypridd Auctions shall not be liable to any person for any
default by the Seller or Buyer.
2.5
In the case of a dispute as to any bid the Auctioneer may
immediately determine the dispute, put the lot up again at the last
undisputed bid, withdraw the lot, re-offer the lot and/or take such
other action as the Auctioneer reasonably deems appropriate in the
circumstances. The Auctioneer’s decision shall be final and
binding on all parties to such dispute.
2.6
The Seller may withdraw any lot belonging to the Seller at
any time prior to the striking of the hammer in a sale without
reserve and at any time before the reserve is met in a sale by
reserve.
2.7
Pontypridd Auctions may bid on its own account or as agents
of others.
2.8
In the event that Pontypridd Auctions accepts a request from
any person to bid on their behalf, neither Pontypridd Auctions nor
its employees nor agents give any guarantees or warranties, and
shall have no liability whatsoever, in relation to complying with
such request.
2.9
Any person who makes a bid will be deemed by Pontypridd
Auctions to be the principal and will be held personally liable for
such bid. It is the responsibility of every person bidding on behalf
of a principal to manage his/her appointment by such principal.
3. Payment
3.1 The Buyer shall pay to Pontypridd
Auctions, in full and in cleared funds, the Hammer Price plus all
and any applicable VAT and the Buyer’s Premium by 5pm on the 1st
day following the day of the sale of the relevant lot.
3.2 The Buyer’s Premium in relation
to the sale of vehicles shall be a maximum sum of £50.
3.3 Personal cheques will only be
accepted with a valid cheque guarantee card or if prior alternative
arrangements have been made.
3.4
In a default of due payment Pontypridd Auctions may, without
notice to the Buyer, rescind the sale and re-offer the lot and shall
be entitled to recover the full amount of any loss and any expenses
on resale (including, without limitation, any fees and/or
commissions normally charged by Pontypridd Auctions to Sellers for
the sale of lots) from the Buyer. Alternatively, Pontypridd Auctions
may uphold the contract of sale and if so, shall be entitled to
charge the buyer interest on all sums due from the Buyer to
Pontypridd Auctions at a rate of 2% above the Nat West Bank base
rate, accumulated daily, until payment is received by Pontypridd
Auctions in full in cleared funds.
3.5
The Buyer shall give his name and address and proof of
identity (if required) to the Auctioneer at the sale and shall if
required pay to the Auctioneer 10% of the purchase price as a
deposit in part payment.
4. Collection
4.1 Unless otherwise agreed with
Pontypridd Auctions, no lot may be removed until the Buyer has made
payment in accordance with clause 3 in respect of that lot and all
other lots purchased by the Buyer.
4.2
If any lot has not been removed by 5pm on the first Thursday
following the day of the sale of that lot, Pontypridd Auctions may
without notice to the buyer, rescind the sale and re-offer the lot
and the amount of any loss and expense (plus any VAT chargeable
thereon) on the resale shall be due as an expense from the Buyer.
Alternatively, at its sole discretion, Pontypridd Auctions may store
the lot in which case the Buyer shall indemnify Pontypridd Auctions
in respect of any reasonable expenses (plus any VAT chargeable
thereon) incurred by Pontypridd Auctions for such storage.
5.
Passing
of Title and Risk
5.1
Title in all and any lots shall not pass to the Buyer unless
and until full payment is received in cleared funds in accordance
with the provisions of clause 3 save where the Buyer makes payment
by personal cheque in which case title in and to the relevant lot(s)
shall pass upon receipt of full payment in cleared funds, or
fourteen (14) days following the sale of the relevant lot(s) in the
event that Pontypridd Auctions fails to deposit the personal cheque
within such time, whichever is the earliest.
5.2
Risk in all and any lots shall pass to the Buyer on the
earlier of the Buyer’s collection of such lot, the Buyer making
full payment for such lot in cleared funds in accordance with the
provisions of clause 3 or 5pm on the first Thursday following the
day of the sale of that lot.
5.3
In the event that the Buyer on-sells any lot before title to
such lot passes to the Buyer pursuant to clause 5.1, the Buyer shall
hold on trust for Pontypridd Auctions such proceeds of such on-sale
as are equal to the amount then due and owing to Pontypridd Auctions
in respect of such lot and shall keep such proceeds in a separate
bank account.
6. Liability
6.1
Neither the Seller of any lot nor Pontypridd Auctions, their
servants or agents is responsible for errors of description or for
the authenticity of any lot or for any misstatement as to any matter
affecting the lot. Neither the Seller of any lot nor Pontypridd
Auctions, their servants or agents makes or gives, nor has any
person in the employment of Pontypridd Auctions any authority to
make or give, any representation, warranty or guarantee in relation
to any lot and any implied conditions or warranties are excluded to
the fullest extent permissible by law.
6.2
Illustrations in catalogues are for general identification
only. It is entirely the Buyer’s responsibility to satisfy
himself/herself prior to the auction as to the condition of each
lot. Any statement by Pontypridd Auctions as to the lot is a
statement of opinion only and every person must rely on his/her own
judgment in respect of all aspects of each lot.
6.3
Nothing in these conditions shall be construed as limiting or
excluding Pontypridd Auctions’ liability:
(i)
for death or personal injury arising from Pontypridd
Auctions’ negligence (as defined in Section 1 of the of the Unfair
Contract Terms Act 1977);
(ii)
under part 1 of the Consumer Protection Act 1987;
(iii)
under section 12 of the Sale of Goods Act 1979;
(iv)
for fraud; or
(v)
in respect of any other liability to the extent which it
cannot be excluded by law.
6.4 Subject always to the provisions
of clause 6.3 above, the liability of Pontypridd Auctions and/or the
Seller in respect of any claim hereunder shall be limited to
repayment of all monies paid by the Buyer to Pontypridd Auctions in
respect of the relevant lot(s) against return of the lot(s).
6.5 Every person on Pontypridd
Auctions’ premises before during or after the auction shall be
deemed to be there at his/her own risk. Subject always to the
provisions of clause 6.3, such persons shall have no claim against
Pontypridd Auctions and/or the Seller in respect of any injury
sustained or any accident which may occur from any cause whatsoever.
6.6 NOTHING IN THESE CONDITIONS SHALL
AFFECT THE STATUTORY RIGHTS OF CONSUMERS.
7. Miscellaneous
7.1 Pontypridd Auctions reserves the
right to charge any attendee or attendees at any auction for any
breakages or damage to any lot caused by such attendee and/or
attendees.
7.2
All testing of lots is done at the attendee’s own risk.
7.3
All lots are second hand unless otherwise stated.
7.4
If any one or more of the provisions of these conditions is
held to be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired
thereby.
7.5
Any notices given pursuant to these Conditions, including
without limitation any Acceptance Notice, shall be deemed to be
received:
(a)
In the case of notice in person, upon receipt;
(b)
in the case of notice by post, 48 hours after posting;
(c)
in the case of notice by facsimile, upon receipt of an
automated “answer back” denoting that the facsimile was
received;
(d)
in the case of notice by e-mail, 1 hour after sending;
and
in proving service it shall be sufficient to prove that such notice
was properly addressed and, as the case may be, transmitted.
7.6
These
conditions shall be governed by and construed in accordance with the
laws of England and Wales.
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