These Terms & Conditions establish the fundamental principles governing the conduct of auction events by Auction Mann (“Auctioneers”), and consequently, they are applicable to all individuals acting as sellers, bidders, and/or buyers in any of our auctions.
By offering an item for sale, participating in bidding for an item, or completing a purchase, you are consenting to be bound by these Terms & Conditions.
It is crucial to acknowledge that placing a bid may entail assuming responsibility to purchase the respective lot as the final buyer. Once a bid is made, it can only be retracted at the discretion of the Auctioneers and with the agreement of the seller.
1. Each item will be awarded to the highest bidder, and in the event of any disagreement among bidders regarding a particular item, said item may be offered again for sale at the discretion of the Auctioneer.
2. The Auctioneers retain the authority to reject any individual’s bid without providing justification. Additionally, the Auctioneers may act as agents for potential buyers and maintain the right to oversee bidding and the course of the auction. Their judgment on all aspects concerning the auction is conclusive and obligatory.
3. The Auctioneers are not obliged to acknowledge any transfer of ownership following a purchase.
4. Every item will be auctioned without a reserved minimum price unless the owner informs the Auctioneers, before bidding commences, of their desire to establish a reserve price for the item.
5. All purchasers of items are required to provide their names and addresses, and if deemed necessary by the Auctioneer, to make a payment of one fourth or another portion of the offered price as directed by the Auctioneers at their discretion. This payment will be considered a partial payment towards the total price. The remaining balance must be settled no later than midday on the Thursday following a Wednesday sale and midday on the Monday following a Friday sale. The Auctioneers are not obligated to request such payment to account for the price on behalf of the seller.
6. The Auctioneers reserve the right to pursue legal action for the price of any item or any expenses incurred by them in connection with any item without the consent of the owner or consignor of the item. The buyer will not have any valid defense in such legal action and can only seek recourse against the owner or consignor of the item.
7. The owner bears the risk for each item until the risk is transferred to the purchaser upon the sale of the item. Purchasers are responsible for the removal of all items at their own expense on the day of the sale. The Auctioneers cannot be held liable for the loss, damage, or injury sustained or caused to any item or part thereof entrusted to them for sale, regardless of the cause of such loss, damage, or injury.
8. If a purchaser fails to comply with any of the sale conditions, any partial payment made by the purchaser towards the price will be forfeited, and the item will revert to the seller. Subsequently, the item may be resold through a public auction or private sale, and the defaulting purchaser will be liable to the seller for any loss or damage incurred as a result of the resale. This resale will be treated as a new sale for which the Auctioneers are entitled to receive commission. The Auctioneers reserve the right to initiate legal proceedings without the consent of the owner to recover losses and expenses associated with such resale.
9. Any warranty provided with an item is solely as indicated by the Auctioneer at the time of the sale, acting solely as an agent for and on behalf of the seller. The Auctioneer is not liable for any warranty expressed and cannot be involved as a party in any dispute between the seller and the purchaser.
10. A buyer who believes that an item does not conform to the warranty must notify the Auctioneers of such objections in writing no later than Wednesday midday after a Saturday sale. Any warranty claims must be directed to the Auctioneers’ office. These claims will only be valid for the specific item for which the objection has been raised. If necessary, the buyer will be required to return any item claimed to be non-compliant with the warranty to the Auctioneer at no cost before the specified time.
11. If there is a dispute between the buyer and the seller regarding the mechanical condition, age, or compliance with any alleged warranty of any item, the Auctioneers may designate a qualified individual to assess the item, and the findings of this person will be final and binding. The expenses incurred for such an assessment will be the responsibility of the party at fault.
12. In case of a dispute, the buyer’s recourse will be against the seller exclusively; the Auctioneers will be considered agents for a disclosed principal and will not be held liable under any circumstances.
13. Any agreement by the Auctioneers or their staff to take custody of any item or items after the sale or to dispatch them to their destination as per the owner’s instructions will be entirely at the risk and expense of the owner, and it will not impose any legal obligation on the Auctioneers.
14. Even if an item is returned and has to be retrieved by the seller, the seller will still owe commission to the Auctioneers as if the sale had been completed. In the event of a blatant breach of warranty (of which the Auctioneer will be the sole and final arbiter), double the standard commission will be owed and payable by the seller before the item is returned.
15. If no obligation is undertaken for the sale of an item and the Auctioneers have received the price, the seller will be entitled to receive the price, minus any commission owed to the Auctioneers, within 3 days after the sale.
16. The Auctioneers do not guarantee that any lot for the sale shall be brought forward and further the Auctioneers accept no responsibility for the expense or loss on resale of any purchase bought.
17. The seller must inform the Auctioneers at the time of listing if any vehicle is encumbered by an existing Hire Purchase agreement.
18. The mileage displayed on the odometer of any vehicle is only guaranteed if explicitly stated by the Auctioneers during the sale. Any such guarantee provided by the Auctioneers is made on behalf of the seller.
19. INDEMNIFICATION. As a condition of purchase, the buyer agrees to pay an additional sum to the Auctioneers, in addition to the purchase price for each vehicle bought, as an indemnity against any potential loss suffered by the buyer within the following month from the purchase date due to theft of the vehicle or the existence of an outstanding Hire Purchase agreement prior to the purchase date. This indemnification will be limited to an amount equivalent to the purchase price paid by the buyer for the vehicle. This condition does not absolve the seller from liability to the buyer or their assigns regarding any warranty or condition, whether expressed, implied, statutory, or otherwise, concerning the seller’s title to and right to sell the vehicle. This sum is subject to VAT at the prevailing rate.
20. Direct from Company, Main Agent Direct, Trade Vehicle, or Sold as Seen. Any vehicle sold under the aforementioned descriptions is sold without any guarantee, including vehicles categorized as insurance total losses. It is the responsibility of the buyer to ensure that a vehicle sold without warranty is roadworthy before using it on public roads.
21. If the entry form indicates that the vehicle has been classified as a total loss by an insurance company, the Auctioneer will announce that the vehicle has been or was treated as a total loss.
22. While we have made every effort to ensure the accuracy of the banner information, it is important to note that it is the purchaser’s sole responsibility to verify that all information is accurate. Auction Mann cannot accept responsibility for any errors in the banners. The banners are provided for guidance only, and all vehicles are sold based on the description provided by the Auctioneer.
23. Lots must be removed by Monday 5pm or a daily charge of £ 15 per day will be applied and donated to the Horse’s Rest Home Charity.