PONTYPRIDD AUCTIONS LIMITED
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.
3.1 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 is as per attached schedule
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.
3.5 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.
4.1 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.
6.1 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.
7.1 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.