1) These conditions shall apply to all vehicles entered for sale, to all vehicles sold by "The Auctioneers" and shall be binding upon every Vendor and Purchaser.
1a) An entry fee (incl. vat) of £40 shall be paid at the time of entry for modern cars/commercials and £90 for classics, by the vendor for each vehicle entered in the sale. Vehicles entered without a full V5 (logbook) will be charged an extra £10 admin fee.
2) No vehicle will be accepted for sale unless the appropriate entry form has been fully completed and entry fee paid. The V5 (logbook) and MoT certificate (where applicable) must also be handed to the Auctioneers and payment for the vehicle will be withheld until these are produced. The particulars given on the entry form and the description of the vehicle contained herein form the basis of the contract between the Vendors and the Sellers and the Auctioneers shall not be liable to account to the vendor for any loss which may arise through the use of such particulars or description in any sale.
2a) When completing the entry form, the entrant should give a true and fair description of the vehicle, without making any contravention of the Trades Descriptions Act, 1968 and the Vendor undertakes to indemnify the Auctioneers against all costs, claims and demands resulting from any prosecution under the said Act.
2b) The auctioneers reserve the right to refuse to accept the entry of any vehicle. Once a vehicle is entered for sale, the Auctioneers may refuse to allow it to be withdrawn from the sale until it has been offered by public auction. In certain circumstances such withdrawal may be allowed on payment, by the Vendor, of commission at the rate of 10%, this charge being based on the reserve price, in the case of a vehicle being without reserve, on an estimated value assessed by a representative of the Auctioneers. Once a vehicle arrives on the auction premises the Auctioneers have the sole right of sale whether by auction or private treaty.
3) The Auctioneers shall be entitled to a commission of 10% for modern car entries and 5% for classic car entries of the price at which a vehicle is sold subject nevertheless to a minimum commission of £50 per car for modern entries (car or commercial) and £100 for classic entries. The commission will be payable by the vendor at the time of the sale. If any vehicle is entered for sale and is sold by the owner or their agent, to any person attending the sale, that sale shall be deemed to have been affected by the Auctioneers as agents for the owner and full commission will be payable. If an entry for the classic auction is withdrawn before the auction is held, without the Auctioneers consent, the full commission and buyer's premium, and any other expenses, are payable on the reserve price by the vendor
4) If a reserve price is not stated in the appropriate place on the entry form the vehicle will be sold without reserve. An entry form bearing the words NETT or CLEAR will be construed by the Auctioneers to indicate authority to sell the vehicle at the price stated on the form. The vendor shall have the right himself or by his agent except where any vehicle is entered or deemed to have been entered without reserve. Vehicles will not be released until they have been through the sale room or Auctioneers have ceased selling for the day.
4a) The mileage shown on the speedometer total mileage recorder at the time of sale should be entered in the space provided for this on the entry form. The fact that such mileage is indicated on the vehicle instrument and on the entry form, does not give or imply a warranty that it is the total mileage from new.
5) Subject to clause 12 all vehicles must be removed by the Vendor or Purchaser as the case may be by 2pm on the next working day following the sale. If default of this, storage will be charged at the following daily rates - £15 cars and motorcycles, £15 commercial vehicles and caravans. Any vehicle not removed within two weeks of the sale may, at the option of the Auctioneers, be offered for sale at the next suitable auction without reserve on giving one weeks notice of the intention to the owners. The Auctioneers reserve the right to re-offer any unsold vehicles remaining on the premises, and to deduct any charges arising therefrom.
6) Any vehicles entered for sale (including being stored on the Auctioneers premises prior to or after the sale) is at the risk of the Vendor until sold, when at the fall of the hammer the risk passes to the purchaser and no responsibility is accepted by the Auctioneers for damage or loss from any cause whatsoever beyond the Auctioneers reasonable control. Vehicles being demonstrated on warranty are done so at the risk of the purchaser unless any damage caused is due to a Major Mechanical Defect not already disclosed.
6a) Vehicles being collected by the Auctioneers employees or approved agents are at risk of the Vendor and those being delivered are at the risk of the purchaser. Vehicles being driven by any person not in the employ of the Auctioneers at the time, whether on or off the Auctioneers premises are not the responsibility of the Auctioneers.
7) The highest bidder shall be the Purchaser subject to the Auctioneer having the right to take or refuse any bid and if any dispute shall arise between two or more bidders, the lot so in dispute may be immediately be put up again for sale, and the Auctioneer may declare which bidder he thinks properly to be the Purchaser. The Auctioneer reserves the right to bid for the vendor and to determine the amount of advance at each bid and no person shall retract a bid made by him.
8) Where a vehicle is sold without reserve and /or without warranty it shall be implied that it is sold with all faults, imperfections and errors of description and the Purchaser shall have no right to return the vehicle to claim damages or to do any other remedy of whatsoever nature. The exception to this being when the seller has made a statement on the Auction entry form that is incorrect or false. In this situation the Buyer is entitled to make the sale void. Where buyers claim that an incorrect statement has been made in relation to a sale, this must be notified to the Auctioneers within 24 hours of the purchase. The buyers rights to take action against the seller remain unaffected.
9) Any vehicle sold for less than £1,500 will be deemed to be automatically sold without warranty and with all faults as per condition 8.
10) On the sale of any vehicle the contract shall be deemed to have been made between the Vendor and the Purchaser and neither the Vendor or Purchaser shall have the legal right of action against the Auctioneers in respect of any clause or matter arising out of the sale. The only claim that can be considered by the Auctioneers is when any statements made by the Auctioneer have been made outside of those made by the seller on the Auction Entry Form. The Buyers rights to take actions against the seller remain unaffected.
11) Where a vehicle is purchased which does not comply with the Motor Vehicle (construction and use) Regulations 1951 or any subsequent modification thereof, the Purchaser shall not remove it from the Auctioneer's premises under it's own power. Every vehicle is sold on the understanding that it will not be used on a road in Great Britain until it has been put into such a condition that it may lawfully be so used.
12) Immediately a sale of a vehicle is completed the Purchaser shall give his/her name and address to the Auctioneers. He/she shall pay a deposit and the balance before the vehicle is removed. If a Purchaser buys more than one vehicle he must have paid for them in full before any of the vehicles can be removed. Notwithstanding Clause 5 a payment by cheque will not confer upon the Purchaser a right to remove the vehicle until the cheque has been cleared and not until clearance be deemed to constitute a payment within the meaning of these conditions. All vehicles must be paid for within 48 hours following the sale. If any vehicle is not paid for by that time any deposit will be forfeited and the vehicle is resold without notice to the Purchaser. Any charges or loss incurred on any resale will be payable by the original defaulting purchaser.
12a) Contra accounts and transfer to a third party are not recognised by the Auctioneers. The Auctioneers reserve the right to refuse to accept a cheque in payment of an account without obtaining a bank reference and intending purchasers are recommended to apply to the auction office in this connection before making any bids. The Auctioneers will only accept a cheque payment for a vehicle on the understanding that title to such vehicle will not pass to the Purchaser until the cheque has been met and funds to the full amount of the purchased price have been transferred to the Auctioneer's account with their bankers.
13) No vehicles may be transferred from a Purchaser to a sub-purchaser.
14) Notwithstanding condition 10 hereof without prejudice thereto every Purchaser shall pay the Auctioneers an indemnity fee in accordance with the scale of charges as displayed and subject to alteration without notice per vehicle to be paid when the vehicle is paid for, and in consideration thereof the Auctioneers will indemnify the Purchaser against any loss he may suffer through any defect in the title of the Vendor as absolute owner. The indemnity shall be limited only to an amount equal to the price paid by the Purchaser for the vehicle, or the market value of the vehicle at the day when the Auctioneers are called upon to implement this indemnity whichever shall be less. It shall be obligatory on the purchaser to notify the Auctioneers within 24 hours after the sale in writing if the chassis number of any vehicle purchased differs from that shown on the registration book, if there has been an alteration or apparent alteration of such chassis number, if the chassis number is not in the usual place or if any apparent alteration has been made to the details shown in the registration book. Failure to notify the foregoing will invalidate the indemnity. This condition shall not operate to release the Vendor from liability to the Purchaser or his assignee in respect of any warranty of condition expressed or implied or statutory or otherwise as the Vendors title and the right to sell the vehicle. In the event of the Auctioneers making settlement to the Purchaser under the terms of the indemnity the Purchaser shall be deemed to have assigned all rights of action against the Vendor to the Auctioneers and shall assign if called upon to do so.
15) All vehicles over 9 years old must be offered without reserve or with a reserve at the Auctioneer's discretion.
16) Where any Lots or Lots sold are found to be the subject of a Hire Purchase Agreement, the Auctioneers reserve the right to discharge the existing liability to the finance company concerned remitting the balance, if any, to the Vendor on receipt of a clearance note from the finance company.
17) The word - (a) "Vendor" used in these conditions shall include the owner of the vehicle, his authorised agent, and any other person offering the vehicle to the Auctioneers for sale whether he be authorised by the owner or not. (b)"Purchaser" used in these conditions shall include the person to whom the car is sold by private treaty, the highest bidder, the person declared by the Auctioneer as being the Purchaser and if any of the foresaid person are acting for a principal, the principal himself. (c)"Sale" used in these conditions shall include sale by private treaty as well as by auction. (d)"Vehicle" used in these conditions shall include all motor cars, motor vehicles, motor cycles, car parts and accessories entered for sale whether by public auction or by private treaty. (e)"Auctioneers" or "Auctioneer" used in these conditions shall mean
EURO CAR AUCTION (SOUTHEAST) Ltd, Unit 1-4 , 725 Woolwich Road ,Charlton ,SE7 8SQ