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AUCTIONEERS TERMS OF BUSINESS AND CONDITIONS OF SALE

GENERAL CONDITIONS OF SALE

1. All lots are tendered for sale subject to these conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer. “The Auctioneer” shall mean the company or firm or person, or his or their servant or agent, who has agreed to auction any lot. The Auctioneer offers each lot as agent of the vendor.

2. The Auctioneer warrants that he will only sell lots which he believes to be owned by the vendor or to which the vendor will be able to pass a good title, but should it transpire that the vendor’s title to any lot is defective, or that the vendor cannot pass a good title to the purchaser, the Auctioneer shall be under no obligation to the purchaser, other than to use his best reasonable endeavours (short of litigation) to prove the transfer of a good title to the purchaser and to assist in exercising any remedies that he may have against the vendor.

3. No item will be accepted for sale unless the appropriate entry form has been completed in all respects and signed by the vendor. The Auctioneer may complete and sign the entry form on behalf of the vendor but the Auctioneer accepts no liability to any party for any loss which may arise as a result thereof. In the case of vehicles the registration document, test and plating certificates where appropriate must be handed to the Auctioneer. Payment for vehicles will be withheld until these documents are produced unless it is stated clearly on the entry form that there are no documents.

4. Value Added Tax. Vendors requiring the auctioneers to collect VAT on item/s entered for sale must state their VAT No. in the space provided on the entry form.

5. All items sent to the auction site for sale are left at the vendors risk and no responsibility is accepted for theft, loss of fire, criminal damage, enemy action, damage by frost or any other cause whilst the item/s remain on the premises.

6. Insurance is the responsibility of the vendor until the fall of the hammer, thereafter the responsibility falls to the purchaser.

7. The Auctioneer reserves the right to bid on behalf of the vendor and without giving any reason therefore, refuse to accept a bid off any person or persons.

8. The Auctioneer reserves the right to withdraw any lot from the auction for any reason up to the moment at which the hammer falls in relation to such lot/s.

9. Any item that fails to reach the reserve price, will be sold subject/provisional to the last bidder. The auctioneer will contact the vendor to see if he wishes to sell the item or to lower his reserve. It is the responsibility of the bidder to contact the auction to see if his bid has been accepted.

10. The Auctioneer or any agent acting on its behalf may bid for any lot or lots offered for sale at the auction.

11. REGISTERING: UK CUSTOMERS: All bidders must register before 1pm on the sale day with I-bidder / BidSpotter to be able to bid at the auction. For bidder approval a holding fee of £1000 must be paid by debit/credit card.  If using a credit card this will incur a non refundable fee of 2.5% + vat.  If you are unsuccessful the holding fee will be refunded back onto your card following the sale (less the credit card fee if using a credit card).  If however you are successful the £1000 will only be refunded back onto your card once we have received payment in full for the items purchased.             REGISTERING: OVERSEAS CUSTOMERS: All bidders must register before 5pm on the Friday prior to the sale by leaving a £1000 deposit in our bank account..  If you are unsuccessful the deposit will be refunded back to your account  on the Monday following the sale by BACS transfer.

12.Accepted forms of payment are banker’s draft, cash (sterling), debit card and credit card (subject to a 2.5% + vat surcharge). We do NOT accept payment by cheque, unless by prior arrangement.

13. All buyers will pay a buyers premium on the hammer price of all lots, for current prices please refer to our sale notes on I-Bidder / BidSpotter. In addition there is an internet surcharge of 2% + vat on all lots purchased on I-Bidder / BidSpotter. In the event of a dispute over any matter and the auctioneers agree to cancel the sale, then the auctioneers will refund the purchaser his monies less the buyers premium charge.

14. The buyer shall make payment in full to the auctioneers in cleared funds by 5:00pm on the Tuesday following the close of sale.

15. At the buyers sole cost and expense, all lots purchased must be collected from the premises at which they were sold no later than 5:00pm on the Friday following the close of sale. Any items not collected in accordance with our terms and conditions of sale will incur a storage charge of £25 per item per day.

16. If any bidder fails to make payment for items purchased or neglects to comply with these conditions, all money paid by him or his agents at the time of sale will be forfeited. The item/s will then be re-sold by auction or private sale and the defaulter will be liable for any deficiency arising upon a re-sale together with all charges incurred during both sales.

17. All bidding is exlusive of VAT and will be added, if applicable, at the current rate to the purchase price.

18. Non-EC Purchasers: VAT will be charged at the UK prevailing rate. Upon receipt of a copy of the bill of lading as proof of export, the VAT will be refunded on the hammer price. VAT will not be refunded unless proof of export is provided within 3 months from the date of sale. VAT will not be refunded on the buyers’s premium.

19. Companies registered in an EC Member State: VAT will be charged at the UK prevailing rate. Upon receipt of a copy of the bill of lading as proof of export, the VAT will be refunded on the hammer price. VAT will not be refunded unless proof of export is provided within 3 months from the date of sale. We will also require the customer’s VAT number shown on company headed paper. VAT will not be refunded on the buyer’s premium.

20. All lots are sold with all faults, imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its descriptions. The auctioneers have not tested electrical or mechanical goods and the buyer is solely responsible for testing such goods before bidding.

21. All lots are sold as seen and without warranty.

22. The auctioneers nor its servants, officers, directors or employees are responsible for any errors of description in the catalogue or elsewhere and whether oral or in writing as to authenticity, genuineness, origin, date, age, provenance, condition, reserve price or estimated selling price is a statement of opinion only and not of fact.

23. Any claim by the buyer against the auctioneers, its servants or agents under these conditions shall not extend to any loss, interest or damage suffered or expense incurred by the buyer.

24. The auctioneers shall have the right at its absolute discretion to refuse admission to any person to its premises or to attendance at auctions. NO persons under the age of 16 shall be admitted to the auction premises.

25. These conditions in no way release the vendor of any lot, motor vehicle or item from any liability to the auctioneers, the purchaser and/or their assigns, (as to the vendor’s title to and right to sell the said item). This condition shall not affect condition no. 21 hereof precluding any right of action by the purchaser against the auctioneers, who shall not be liable at all.

26. At the time of sale any item of plant, machinery or equipment contained in any lot(s) may not necessarily comply with the Health and Safety at Work etc Act 1974 or any other Act or Acts of Regulations enacted thereunder. Buyers are required to ensure that the use of any lot at a place of work within the United Kingdom does not contravene the said Act of Regulations. Certain types of plant or installations could contain blue or white asbestos, dangerous chemicals, etc which if not handled correctly during their removal from the site could be in breach of the said Act or Regulations or any other current legislation covering the use or handling of such substances in a working environment.

27. All vehicles that could be driven on the road are sold on the condition that they will not be used on any road in the United Kingdom until such actions necessary to make them comply with the Road Traffic Acts and/or the Motor Vehicles (Construction and Use) Regulations or anything similar.

28. All vehicles sold for £1500 or under will not be checked on the vehicle conditional alert register. If the vehicle is sold over £1500 and the vendor has failed to inform us that the vehicle is on the vehicle conditional alert register, then in the event of the vehicle being returned the company will refund the purchaser his monies less the buyers premium charge.

SALE CURRENCY: GBP

VAT: All lots are subject to VAT @ 20% unless otherwise stated

Order of Sale:

Bidding will commence for lots 1001 + above from 1pm

Bidding will commence for lots 1 – 200 at approximatly 2:30pm

REGISTERING: UK CUSTOMERS:  All bidders must register before 1pm on the sale day with I-bidder / BidSpotter to be able to bid at the auction. For bidder approval a holding fee of £1000 must be paid by debit/credit card. If using a credit card this will incur a non refundable fee of 2.5% + vat.  If you are unsuccessful the holding fee will be refunded back onto your card following the sale (less the credit card fee if using a credit card). If however you are successful the £1000 will only be refunded back onto your card once we have received payment in full for the items purchased.  

REGISTERING: OVERSEAS CUSTOMERS:  All bidders must register before 5pm on the Friday prior to the sale by leaving a £1000 deposit in our bank account, details below.  If you are unsuccessful the deposit will be refunded back to your account on the Monday following the sale by BACS transfer.

Our Bank details are as follows:

BARCLAYS BANK, 72 ST JAMES ST, BURNLEY, BB11 1NH

SORT CODE: 20-15-70

ACCOUNT NO: 50806110

IBAN: GB83 BARC 2015 7050 8061 10

SWIFTBIC: BARCGB22

Bidder approval is reliant on bidders entering their debit / credit card details.

All credit card deposits will incur a surcharge of 2.5% + vat.

BUYERS PREMIUM: The buyers premium on lots is as follows:

Buyers premium rates for lots 1001 + above

Sale Price Premium

£1 - £4 £1 + vat

£5 - £9 £3 + vat

£10 - £19 £5 + vat

£20 - £29 £7 + vat

£30 - £39 £10 + vat

£40 - £49 £15 + vat

£50 - £99 £20 + vat

£100 - £199 £35 + vat

£200 - £499 £50 + vat

£500 - £999 £85 + vat

£1000 - £1499 £125 + vat

£1500 + 7.5% + vat

Buyers premium rates for lots 1 - 200

Sale Price Premium

£0 - £499 £75 + vat

£500 - £999 £100 + vat

£1000 - £1999 £125 + vat

£2000 - £2999 £150 + vat

£3000 + 5% + vat

In addition there is an internet surcharge of 2% + vat on all lots purchased on I-Bidder / BidSpotter.

PAYMENT: All lots must be paid for in full by 5pm on the Tuesday following the sale by bankers draft, cash, debit card or credit card (subject to a 2.5% + vat surcharge)

COLLECTION: All lots must be collected no later than 5pm on the Friday following the sale. Any lot/s not collected in accordance with our terms and conditions of sale will incur a storage charge of £25 per item per day

MISREPRESENTATION: Whilst every effort has been made to provide reliable information. Burnley Auctioneers do not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness.

All lots are sold as seen. No warranty implied or given.