TERMS AND CONDITIONS
SALES AND CONDUCT OF AUCTIONS
1.
Definitions and Interpretation
In
these Conditions, the following words and expressions shall have the
following meanings;
“Auction”
means the auction at which
the lot(s) are purchased,
“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 exclusive of VAT, of the Hammer Price,
“Hammer
Price” means the price,
inclusive of VAT (if applicable), at which the hammer is struck by
the Auctioneer in respect of the relevant lot,
“
Lot
”
means the good(s) being
sold at the auction by the auctioneer,
“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 process for the Auction and the
Auctioneer’s decision regarding any issue before, during the
course of or after the Auction shall be final and binding on all
parties.
2.2
The Auctioneer reserves the right at their sole and absolute
discretion to fix a reserve price for any lot.
2.3
Pontypridd Auctions
and/or the Auctioneer may, at their sole and absolute 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 at their sole and absolute
discretion and without giving any reason 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. Pontypridd Auctions shall not be deemed to enter into any contractual
relationship with either the person instructing Pontypridd Auctions
to make a bid or with the Seller and in the event that Pontypridd
Auctions is successful in bidding on behalf of any other person that
person shall become the Buyer and a contract of sale shall be
created between the Seller and the Buyer.
2.9
Any person other than
Pontypridd Auctions 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 the Buyer’s Premium (10% plus VAT
at 20%) 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 £100 plus vat per vehicle.
3.3
Personal cheques will only be accepted if prior 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.
3.4.1
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. The provisions of
clause 7.5 shall not apply to this clause 4.1
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 a debt from the Buyer.
Alternatively, at its sole discretion, Pontypridd Auctions may store
the lot until a further
date for collection is arranged by the buyer in which case the buyer
shall indemnify Pontypridd Auctions in respect of any reasonable
expenses (plus VAT chargeable thereon) incurred by Pontypridd
Auctions for such storage. Such
expenses shall be recoverable by Pontypridd Auctions from the buyer
as a debt.
4.3
The Buyer shall indemnify Pontypridd Auctions, the Seller and/or any
third party against all and any reasonable costs and all and any
liabilities incurred by each or both of them as a result (whether
directly, indirectly or consequential) of all and any damage caused
to the Site (including all and any buildings and/or structures
thereon and any other property or goods which are retained at the
Site) in connection with the collection of the Lot by or on behalf
of the Buyer.
4.4
The Buyer shall be responsible for ensuring the security of the Site and
all buildings, structures and areas thereon and shall be liable in
respect of any loss and/or damage which results, whether directly or
indirectly, from the Buyer, its agents, employees and/or
representatives not taking reasonable steps to secure the entirety
of the Site during, and upon completion of, collection of the Lot.
4.5
The Buyer shall comply with all applicable and relevant laws and
regulations, including all obligations imposed upon the Buyer by all
and any competent authority having jurisdiction over the Buyer and
all regulations and directives of the European Union (to the extent
that they are directly applicable or of direct effect) in force from
time to time, which apply to the collection, removal and transport
of the Lot from the Site.
4.6
The Buyer shall obtain all necessary licenses, consents and permissions
required for the collection of the
Lot
from the
Site and shall comply with the terms thereof and with all statutory
regulations and requirements affecting the exercise thereof.
5.
Passing
of Title and Risk
5.1
Subject to clause 5.4 below, 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.
.
In the event that clause 5.4 applies, the Buyer shall notify
the party purchasing all or part of the Lot that such purchase may
not provide valid title
to the items being purchased. Neither
Pontypridd Auctions nor the Seller shall be liable for:-
5.3.1
any failure of the Buyer to
effect such notification to the relevant third party purchaser(s);
and/or
5.3.2
any loss whatsoever suffered by the relevant third party purchaser as a
result of any items being recovered by the Seller pursuant to clause
5.4.
5.4
The Buyer hereby acknowledges that it may at any time be notified by
Pontypridd Auctions, the Auctioneer and/or the Seller that the Lot
or all or any of the items comprised therein may be recoverable by
the Seller in the event that such items are known to be or are
subsequently found by the Seller or any other law enforcement agency
to be stolen property. In
the event that the item(s) comprised in the
Lot
are or are
found to be stolen property, the Buyer hereby undertakes to
immediately return such item(s) as directed to either Pontypridd
Auctions and/or directly to the Seller.
Pontypridd Auctions shall refund the Hammer Price plus the
Buyer’s Premium to the Buyer within 21 days of the return of the
item(s) in accordance with this clause 5.4.
The Buyer hereby acknowledges that in the event that this
clause 5.4 applies then title does not pass in accordance with
clause 5.1 above and that the Seller shall not be liable to the
Buyer for any loss which the Buyer incurs as a result of the item(s)
being returned to the Seller. The
limit of the liability of Pontypridd Auctions in the event that this
clause 5.4 applies shall be the Hammer Price plus the Buyer’s
Premium.
5.5
Nothing in clause 5.4 shall have any effect on the provisions of clause
5.2 above.
5.6
In the event that clause 5.4 applies, the Buyer undertakes and confirms
that it shall keep all details regarding the item(s) which have been
returned to the Seller and the fact of such return confidential and
shall not disclose any relevant details regarding the same unless
required to do so by law.
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
Subject always to the provisions of clause 6.4, neither Pontypridd
Auctions nor the Seller shall have any liability whatsoever for any
loss, including without limitation damage to any Lot or part
thereof, suffered by the Buyer, its employees, agents and/or
representatives during and/or in connection with collection of the
Lot by or on behalf of the Buyer.
6.4
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
6.5
Subject always to the provisions of clause 6.4 above, the
liability of Pontypridd Auctions and/or the Seller in respect of any
claim hereunder shall be limited to
the hammer price in respect plus the Buyer’s Premium of the lot
purchased by the buyer
6.6
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 6.4, 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.
6.7
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
Children are not permitted to enter the Site at any time.
7.3
All testing of lots is
done at the attendee’s own risk.
7.4
All lots are second hand
unless otherwise stated.
7.5
These terms and conditions shall apply individually to each
Lot
purchased
by the Buyer on a several basis unless otherwise stated herein.
7.6
Unless otherwise agreed in writing and subject to the conditions of
engagement between Pontypridd Auctions and the Seller, these terms
and conditions comprise the whole agreement for the sale of goods by
auction as conducted by Pontypridd Auctions.
The Seller is deemed to accept these terms and conditions
when it provides physical delivery of the item(s) to be auctioned to
Pontypridd Auctions. The
Buyer is deemed to accept these terms and conditions upon making a
bid at any auction conducted by Pontypridd Auctions.
7.7
These terms and conditions may be varied from time to time at the sole
and absolute discretion of Pontypridd Auctions.
7.8
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.
7.9
Failure by Pontypridd Auctions or the Seller at any time to enforce the
provisions of these terms and conditions shall not be construed as a
waiver of any such provision and shall not affect the validity of
such provisions or the right of Pontypridd Auctions or the Seller,
where appropriate, to enforce them at any time in the future
7.10
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.
7.11
These conditions shall
be governed by and construed in accordance with the laws of
England
and
Wales
.
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