Clwyd Auction Centre – Conditions of Business
Buyers and sellers are strongly advised to read these Conditions of Business carefully, including the explanations of cataloguing practice. These terms set out the exclusive conditions under which Clwyd Auction Centre conducts auctions and handles related matters.
1. Third-Party Liability
All persons on Clwyd Auction Centre premises do so at their own risk. Clwyd Auction Centre accepts no liability for any accident, injury, damage, or loss, however caused, except where such injury, damage, or loss is directly caused by the negligence of Clwyd Auction Centre or its employees.
2. Registration and Membership
In-Person Registration
To bid at auction, you must be a registered member. Registration requires completing a membership form and payment of the Annual Registration Fee (£8.33 + VAT).
Annual membership fees are payable on or before 1 December each year to remain an active bidder.
Upon registration, you will receive a bidding number and membership card, which must be presented when purchasing items. For Specialist Auctions, Police Auctions, and Proceeds of Crime Auctions, the membership card must also be shown on entry. Pre-registration online is strongly recommended.
Bidding numbers are non-transferable and must not be used by anyone other than the registered bidder.
Online Registration
The online annual membership fee is £8.33 + VAT. To pre-register, complete the online membership form at: www.clwydauctions.co.uk/bidding_number.php
. Once registered, your online bidding account will be authorised.
Classic & Specialist Car Auctions: Online bidders must pay a £500 deposit on registration before bidding. This will be refunded automatically if the bid is unsuccessful, or applied toward the final invoice if successful. Bidders will not be authorised to bid until the deposit has been received.
3. Conditions of Sale – Buyers
3.1 Agency
Clwyd Auction Centre acts solely as agent for the seller and makes no representation or warranty regarding the authenticity, merchantability, or condition of any lot.
3.2 The Buyer
(a) The Buyer is the person making the highest accepted bid as signified by the fall of the auctioneer’s hammer.
(b) Clwyd Auction Centre has sole discretion to resolve bidding disputes.
(c) Bidders may be required to complete a registration form and provide suitable references before bidding.
(d) All bidders act as principal.
3.3 Buyer’s Premium
Standard Buyer’s Premium: 20% + VAT.
Police Auctions: 25% + VAT.
Bailiff Repossessions: 20% + VAT.
Online Retail Auctions: 20% + VAT.
Classic & Specialist Car Auctions: 10% + VAT, minimum £300 + VAT.
The Buyer acknowledges that Clwyd Auction Centre may also receive commission from the seller. The Buyer must not deduct any amount from the Purchase Price, nor sell, transfer, or dispose of any lot before full payment.
VAT: Clwyd Auction Centre operates under the Auctioneers’ Margin Scheme. VAT on the Buyer’s Premium cannot be shown separately and cannot be reclaimed.
4. Payment and Risk
4.1 Deposit
At the fall of the hammer:
(a) Buyers must provide their full name and address and, if required, pay a 30% deposit of the hammer price.
(b) Risk of loss or damage passes to the Buyer immediately, even if legal ownership has not yet transferred.
4.2 Ownership
Legal and beneficial ownership passes only upon full payment of the Purchase Price and any outstanding sums. Clwyd Auction Centre retains a lien on the lot until all amounts are paid in cleared funds.
4.3 Payment Deadline
Full payment must be received by 12 noon on the Tuesday following the auction.
4.4 Accepted Payment Methods
Cash (Sterling) – 1% + VAT handling charge.
Bank Transfer
Debit Cards – Delta, Electron, MasterCard, Solo, UK Maestro, Visa (no charge, up to £1,000).
Commercial/Business cards incur a handling fee.
If payment is not received on time, Clwyd Auction Centre reserves the right to take payment from card details provided on registration with Easy Live Auction.
5. Collection of Purchases
(a) Lots may not be removed until the Purchase Price is fully paid.
(b) Buyers must collect purchased lots by 4:00 pm on the Tuesday after the sale, at their own expense.
(c) Buyers are responsible for all removal, storage, and insurance costs if lots are not collected on time. Clwyd Auction Centre does not maintain insurance for uncollected lots.
(d) Clwyd Auction Centre is not liable for damage to lots after the fall of the hammer.
(e) Buyers are responsible for arranging all packing and transportation. Recommendations of packers, shippers, or transporters are made without liability.
(f) Agents collecting on behalf of a buyer must provide written authority or a receipted invoice.
6. Remedies for Non-Payment or Failure to Collect
If a Buyer fails to pay or collect a lot, Clwyd Auction Centre may, at its discretion:
Charge an administration fee of £50 + VAT per invoice.
Charge daily storage fees of £5 + VAT per lot, plus any storage or insurance costs incurred from third parties.
Initiate legal proceedings for breach of contract, including recovery of costs.
Rescind the sale of the lot(s).
Re-sell the lot by auction or private treaty. Any shortfall, plus costs, is payable by the original Buyer; any surplus is returned after deductions.
Charge interest at 2% per week or part thereof for balances unpaid after 48 hours.
7. Conditions of Lots
(a) All descriptions, catalogues, and advertisements concerning authorship, provenance, condition, estimated value, or retail price are statements of opinion only. Buyers should satisfy themselves by inspection before bidding.
(b) All warranties, conditions, or obligations implied by law or trade are excluded, except statutory rights for consumers under UK law.
Police & Proceeds of Crime Items
All items sold on behalf of the Police or from Police Proceeds of Crime are sold strictly as seen, non-refundable. Buyers must satisfy themselves as to the authenticity, condition, and suitability of lots prior to bidding. Every effort is made to ensure accurate descriptions, but all lots are sold without warranty or guarantee.
8. Commission Bids
(a) Clwyd Auction Centre may execute written commission bids on behalf of buyers. Employees or agents are not liable for failure to execute such bids.
(b) Commission bids are processed in order of receipt; in the event of identical bids, the first received is accepted.
9. Photographs & Descriptions
(a) Clwyd Auction Centre may use photographs or illustrations of lots at its discretion; copyright remains with the Centre.
(b) While descriptions are provided accurately, buyers must inspect lots themselves. Opinions on authenticity, provenance, condition, or estimated value are matters of opinion, not warranty.
(c) Stock or catalogue images may be used if original photographs are unavailable; buyers should exercise caution.
(d) Clwyd Auction Centre may withdraw, divide, or combine lots at any time before the fall of the hammer. It is not liable for errors on the website or in registration/bidding.
(e) The auctioneer may reject any bid they deem not reflective of reasonable value.
