For straightforward explanations, consult our FAQs. These provide a simplified summary of the terms and conditions applicable to both sellers and buyers, aimed at ensuring you can participate confidently in our online auctions on Easy Live Auction. It's wise to review these, even for the seasoned auction user, as they're frequently updated and may vary from other platforms. For comprehensive details, please refer to the full terms below.
Definitions
Within these Conditions, the terms highlighted in bold are defined as follows:
Auction: A public or private event where Goods from the Seller are auctioned to the highest Bidder by the Auctioneer.
Auctioneer: AG Auctions Ltd, trading as Alister Grant, or any affiliated company, their staff, agents, or anyone appointed to manage the Auction.
Bid: An offer to buy a Lot, made by a Bidder in line with these Conditions.
Bidder: An individual participating in the Auction by making Bids.
Buyer: The individual who places the highest Bid for a Lot, which is then accepted by the Auctioneer.
Buyer’s Premium: The Buyer will pay a premium of 20% plus VAT on top of the winning bid, unless specified otherwise.
Goods: Items or collections of items consigned to the Auctioneer by the Seller for auctioning.
Group: Any company considered a subsidiary or holding company as per the Companies Act 2006, s.1159.
Lot: The Goods listed by the Auctioneer for sale at an Auction, whether in a catalogue or otherwise.
Overseas Purchaser: A Buyer residing outside the UK.
Seller: The owner of the Goods auctioned, who has entrusted them to the Auctioneer for sale.
VAT: Value Added Tax applied at the current rate to the price of each Lot, unless stated otherwise.
1.2 By attending an Auction or placing a Bid, either online or in person, you are deemed to have accepted these Conditions.
1.3 In cases where these Conditions conflict with any special conditions mentioned in the Auction catalogue or announced at the Auction, the special conditions will take precedence.
1.4 The term 'person' in these Conditions includes natural persons, corporate entities, and unincorporated bodies, along with their successors and authorized assigns.
The Seller's Instructions & Warranties
2.1 The Seller guarantees that:
(a) They possess clear legal ownership and the explicit right to sell the Goods included in a Lot by the Auctioneer.
(b) All descriptions and information provided for the Goods, whether in a catalogue or online, are accurate and neither intentionally nor carelessly misleading.
(c) Inspections are welcomed and encouraged. Bidders are advised to undertake due diligence through inspection or additional inquiries to ensure satisfaction with the Goods before bidding. Bids placed or auctions concluded without prior inquiry or viewing do not absolve the bidder from their obligation to complete the purchase, as the auctioneer bears no responsibility for bids made under uncertainty. The principle "When in doubt, do not bid" should guide bidder conduct.
(d) Unless otherwise stipulated by the Auctioneer's conditions, the Seller commits to sell the Goods in a Lot at the price of the highest valid bid that meets the requirements of clause 4.1.
(e) Direct communication with Buyers or prospective buyers regarding the sale of Goods listed in a Lot is prohibited.
2.2 In cases where a Seller's agent provides instructions, the agent must confirm their authorization to:
(a) Direct the Auctioneer.
(b) Uphold the assurances outlined in clause 2.1.
(c) Guide the Auctioneer in adherence to any special conditions.
The Auctioneer's Remuneration
3.1 The Auctioneer's fee is determined by the agreement with the Seller.
3.2 The Auctioneer reserves the right to deduct their fee from the proceeds received from the Buyer prior to settling the remaining balance with the Seller.
General Rules Governing Bidding and Buying
4.1 To successfully purchase any Lot(s), a Bidder must:
(a) Submit the highest bid for a Lot, acknowledged by the Seller once the Auction for that Lot concludes.
(b) Be officially declared the Buyer by the Auctioneer according to clause 5.7.
(c) Ensure their bid meets or exceeds any set minimum reserve price by the Seller.
4.2 A Buyer may only retract their purchase if the actual condition of the Goods significantly deviates from their described state in the Auction catalogue. Any discrepancies must be reported to both the vendor and the Auctioneer promptly, and no later than 10 days following receipt of the Goods.
4.3 Bidders are presumed to be acting on their own behalf as the principal party, unless an explicit written acknowledgment from the Auctioneer states otherwise, indicating the Bidder is acting as an agent for a named principal.
4.4 By placing a Bid, the Bidder commits to a genuine offer to buy the Goods in the Lot, which the Auctioneer and any Seller are entitled to rely upon.
4.5 In cases where the Auctioneer has recognized a Bidder as an agent for a principal, the Bidder confirms they have the necessary authority from their principal to place each Bid.
4.6 Bidders are entitled and encouraged to inspect any Lot they are interested in. To arrange a viewing, they must contact the Auctioneer at office@alistergrant.com with at least 24 hours' notice. Note that viewings within the final 24 hours of an Auction may not be guaranteed, and a refundable deposit might be required at the Auctioneer's discretion to facilitate the viewing.
4.7 All inquiries regarding a Lot must be submitted via email, either through the lot enquiry form available for each Lot or directly to office@alistergrant.com. To access detailed information about a Lot, potential bidders are required to register for the Auction.
Conduct of the Auction
5.1 The Auctioneer acts as the agent for the Seller in offering each Lot, except as explicitly stated in the Auction catalogue.
5.2 A Lot may have a minimum reserve price set by the Seller, unless the Auction catalogue states otherwise.
5.3 The Seller, their representative, or the Auctioneer acting on behalf of the Seller, reserves the right to place Bids on any Lot unless prohibited by the Auction catalogue.
5.4 The Auctioneer retains the authority to withdraw, divide, or consolidate Lots at any point before the auction concludes.
5.5 With prior written approval from the Seller, the Auctioneer is permitted to conduct a private sale of any Lot either before or following the public Auction.
5.6 Bidders must register on Easy Live Auction or any other designated platform, providing necessary details and a valid payment method to participate in Bidding.
5.7 The highest Bidder for a Lot at the close of an Auction is eligible to be declared the Buyer by the Auctioneer.
5.8 Should a Bid be placed within the final 10 minutes of an Auction, the Auctioneer may extend the Bidding period for that Lot by an additional 10 minutes.
5.9 The Auctioneer has the discretion to resolve any disputes between Bidders, reoffer a Lot for sale, or take any necessary action without needing to provide justification.
5.10 The Auctioneer has full authority over the conduct of the Auction and is not obligated to disclose the rationale behind procedural decisions.
5.11 The Auctioneer may delegate the conduct of the Auction to a suitably qualified individual, at their sole discretion.
5.12 The Auctioneer reserves the right to refuse any Bids that are deemed not to represent reasonable value, at their sole discretion.
5.13 The Auctioneer may report any suspicious activities to relevant authorities as deemed necessary.
5.14 Successful Buyers will be notified via email with an invoice or payment request. Winners can also verify the Lots they've won by checking their account on the designated website.
5.15 Access to the Auction is available through Easy Live Auction and any other platforms specified by the Auctioneer.
5.16 The Auctioneer is not responsible for any website errors, registration issues, or Bidding acceptance problems.
5.17 Item photographs should take precedence over descriptions.
After the Sale
6.1 Once the Auctioneer announces the completion of the Auction for any Lot and confirms its sale, the Buyer is obliged to promptly arrange payment of the amount specified in clause 6.5. This payment must be made directly into the Auctioneer's specified bank account, for which details will be provided to the Buyer by the Auctioneer.
6.2 All payments are to be made in pounds sterling (£), unless stated otherwise.
6.3 Prices are quoted exclusive of VAT, other applicable taxes, delivery charges, and insurance, except where the Auctioneer indicates otherwise, either in the catalogue or by other means.
6.4 Within one business day after an Auction's conclusion for any Lot, the Buyer must verify the identity of any individual they are purchasing on behalf of, if applicable.
6.5 The Buyer must settle the following amounts with the Auctioneer within two days post-Auction:
(a) The total price due for the Lot, including any applicable VAT and the Buyer's Premium.
(b) If the final price for the Lot was not established at the Auction's close, the Auctioneer will determine the value, which will be binding for the entirety or a portion of any Lot.
(c) For total payments under £1000, the Buyer may opt to pay via Credit or Debit Card using links provided in the invoice email. It is the Buyer's responsibility to initiate this payment, as it will not be automatically charged to any registered card after the Auction ends.
(d) For payments equal to or exceeding £1000, card payments will not be available, and a bank transfer will be required. Bank transfers are also an option for payments below £1000, at the Buyer's discretion. No payment methods other than those specified will be accepted.
Timing is crucial in all transactions. The payment deadline is set for 16:00hrs on the second day following the Auction.
6.6 At his discretion, the Auctioneer may grant the Buyer an extension for payment. In such cases, the Buyer must settle the full amount according to the extension terms before taking possession or removing the Lot.
6.7 Failure to meet payment obligations by the due date will activate the Auctioneer's remedies under these Conditions, requiring the Buyer to:
6.7.1 Receive contact from the Auctioneer via email and phone.
6.7.2 Incur daily storage fees of £20 per Lot, with larger items such as vehicles or machinery, or items valued over £10,000 incurring a £50 per Lot per day charge.
6.7.3 Cover any transportation costs associated with the Lot, including expenses for returning the item to the Seller.
6.7.4 Pay interest on any overdue amounts at an annual rate of 8% above the Bank of England's base rate, accruing daily from the due date until full payment is made, regardless of judgment status. The interest is payable alongside the overdue sum.
6.8 Compliance with clause 6.5 is required before:
(a) Ownership of any Lot is transferred to the Buyer.
(b) The Buyer assumes risk for the Lot.
(c) The Auctioneer exercises a lien over any Lot bought by the Buyer at the Auction.
6.9 Upon request, the Auctioneer will issue a VAT invoice in the appropriate format, if necessary.
Removal of the Lot
7.1 The Buyer is prohibited from removing their Lot until the Auction concludes and the Auctioneer verifies receipt of full payment from the Buyer, unless prior written approval from the Auctioneer is obtained.
7.2 Following the settlement of amounts delineated in clause 6.5, the Buyer is obligated to collect the purchased Lot within five days post-Auction, with punctuality being crucial.
7.3 At his sole discretion, the Auctioneer may extend the collection period specified in clause 7.2, provided it's under reasonable terms.
7.4 For Lots comprising or including motor vehicles, the Auctioneer does not assure that such vehicles are fit for safe or legal operation on public roads.
7.5 In the process of Lot removal, the Buyer must:
(a) Safely and legally detach any Lot affixed to land, abstaining from the use of hazardous methods like flame cutters or explosives without prior written consent from the Auctioneer, which may necessitate a detailed Health and Safety plan and method statement.
(b) Employ safe and legal procedures for Lot removal.
(c) Compensate the Auctioneer and Seller for any losses, damages, legal fees, or other costs stemming from the detachment or removal of the Lot.
(d) Maintain adequate insurance coverage for such liabilities and, upon request, present evidence of insurance or the latest premium payment to the Auctioneer.
7.6 The Auctioneer retains the authority to halt any Lot removal if it's believed to be non-compliant with the guidelines in clause 7.5.
7.6.1 It is solely the Buyer's responsibility to arrange for the Lot's collection or delivery.
7.7 Lots will remain unreleased, even if purchased, in instances of outstanding invoices from the current or any other auction.
7.8 Buyers are advised to communicate with the vendor or their agent following payment to confirm the absence of any additional fees for the handling of large, bulky, or hazardous goods.
7.9 Collection within the initial 48 hours following an auction is not guaranteed.
7.10 Removal of an item from the seller's premises by the Buyer or an authorized third party implies acceptance of the item's condition. Buyers uncertain about an item's condition should refrain from removing it and instead promptly consult the vendor or Auctioneer to address concerns.
7.11 Concerns regarding an item's condition or compliance with its description should be directly addressed with the vendor at the time of collection.
Liability of the Auctioneer
8.1 All Lots are sold "as is," complete with any and all faults or flaws. The Auctioneer disclaims all responsibility for any defects, apparent or hidden.
8.2 The Auctioneer provides no warranties or representations, express or implied, concerning any Lots.
8.3 The Auctioneer bears no responsibility for any costs related to the delivery or collection of Lots. Should a Buyer be unable to collect a Lot, it is their responsibility to liaise with the Seller following payment of the invoice.
8.4 Serving as the intermediary for the auctioned Lots, the Auctioneer is not accountable for any issues arising with a Lot. Such matters should be directly addressed with the vendor.
Overseas Purchasers
9.1 Overseas Buyers are required to immediately inform the Auctioneer of their intention to export the Lot and must communicate this intent via email to the sales coordinator at office@alistergrant.com.
9.2 Overseas Buyers must provide the following documentation:
(a) A scanned copy of their passport(s).
(b) An additional form of identification, such as a driver's license, along with their name, address, UK agent (if applicable), and contact details.
(c) Comprehensive details of their primary bank and the corresponding UK bank.
(d) Verification from their bank confirming the method of payment.
9.3 The responsibility lies with the Buyer to ensure:
(a) The destination country has no import restrictions on the purchased Goods.
(b) There are no import license restrictions or currency allocation limitations in the destination country.
(c) The destination country does not have extensive inspection processes that could significantly delay the importation of the Goods.
(d) Engagement of a reputable freight-forwarding service.
(e) Full understanding and agreement with these Conditions by the Buyer.
9.4 Buyers intending to make special arrangements with the Auctioneer must initiate contact at least three business days prior to the Auction.
9.5 A deposit may be required from overseas bidders before participation in bidding, as deemed necessary by the Auctioneer.
VAT and Subsequent Refunds
10.1 Buyers planning to export a Lot will incur an additional deposit, equivalent to the VAT applicable on each Lot bought.
10.2 For a refund eligibility, the exported Goods must adhere to the relevant export regulations. Buyers must provide verifiable evidence of such compliance, which should be dispatched to both the vendor's registered address and the Auctioneer within 28 days post-collection. This evidence must be on official company letterhead, duly signed by the Buyer, and sent to: office@alistergrant.com. The Auctioneer, not assuming ownership of any auctioned goods, holds no liability for VAT refunds unless a prior agreement with all involved parties is established. The Auctioneer's role is to streamline communication between the buyer and seller, ensuring equitable treatment for all parties within the transaction.
10.3 Absence of adequate evidence will subject the goods to standard UK VAT rates applicable to exports, leading to the forfeiture of any deposit made by the Buyer under this clause.
10.4 Under no circumstances will the Auctioneer refund VAT charges applied to the Buyer's Premium.
10.5 Buyers opting to use their transportation for exports will have VAT applied, which can be refunded upon providing adequate documentation that supports the removal of the purchased Goods, contingent upon meeting the criteria set forth in clause 10.2.
10.6 Irrespective of other Conditions stipulated here, the Auctioneer reserves the prerogative to decline:
(a) Any Bid from a Bidder.
(b) The sale of any Lot, in whole or in part, to a Buyer.
Default by the Buyer
11.1 Should the Buyer neglect to fulfill payment obligations or fail to collect any Lot within the designated period outlined in clause 7 (including any granted extensions), the Auctioneer reserves the right to annul the sale of the Lot. In such instances, any deposits made will be forfeited, and the Auctioneer may re-auction or privately sell the Lot.
11.2 In cases where the Auctioneer has nullified a sale but the Lot has already been removed by the Buyer, the Auctioneer is entitled, after issuing reasonable prior notice, to retrieve the Lot from any location believed to hold the Lot.
11.3 If a rescinded sale leads to the Lot being resold, the original Buyer is accountable for covering any financial shortfall, which includes:
(a) The difference between the original sale price and the resale price.
(b) All costs related to and arising from the Lot's resale.
11.4 Failure by the Buyer to remove a Lot within the specified timeframe, leading to the Seller's inability to vacate or release the premises, obligates the Buyer to compensate the Seller for any resulting losses.
11.5 The Auctioneer, upon any breach or default by the Buyer, holds the right to initiate legal proceedings 28 days post the initial breach. Claims may encompass loss of earnings, administrative and storage fees, along with legal costs incurred due to the Buyer's non-compliance, excluding VAT.
11.6 The Auctioneer may attempt to recover outstanding fees from the Buyer's registered payment card.
11.6.1 A fee of £25 plus VAT will be applied for using a fraudulent card, one registered to a third party, or one lacking sufficient funds.
11.6.2 Efforts to charge the registered card may vary in amounts attempted, prioritizing the full invoice amount down to smaller portions.
11.6.3 Unsuccessful payment attempts will incur a £5.00 charge per transaction.
11.6.5 Chargebacks following invoice non-payment will result in:
(a) A £250 plus VAT administrative fee.
(b) Storage fees commencing immediately upon chargeback notification, at £50 per item per day plus VAT, with the intention of recovering the full premium.
(c) Legal pursuit of all chargebacks.
11.6.6 Outstanding invoices 10 days post-auction will lead to direct debit from the registered bank card, including the Buyer’s Premium, storage, transport costs, and VAT.
11.7 Legal proceedings initiated by the Auctioneer will incur the following charges to the Buyer:
11.7.1 Solicitor fees ranging between £150 - £250 plus VAT.
11.7.2 A £10 plus VAT charge for the initial solicitor's letter.
11.7.3 Court fees, including lost wages and travel costs, not limited to £90 and a £165 hearing fee.
11.7.4 Solicitor court attendance rates of £300 plus VAT per hour, alongside expenses.
11.7.5 Staff rates for legal claim processing at £70 plus VAT per hour, plus expenses.
11.8 Buyers in breach of terms will be barred from participating in any future Auctions on the Auctioneer's platform, and other advertised platforms.
11.9 Storage levied items are retrievable with 48 hours' notice, without incurring charges during this notice period.
11.10 Post a 28-day storage period, vendors may request the return of items at the defaulter's expense.
11.11 Bidder account security and integrity are the bidder's responsibility. Adequate measures should be taken to safeguard account access. Bidders failing to secure their accounts are liable for unauthorized bids placed on their behalf. Consideration will be given to various factors in adjudicating claim legitimacy, including recent bidding history and bid timing.
Data Protection
12.1 The Buyer acknowledges and consents to the Auctioneer collecting, processing, and storing personal data and feedback related to transactions with the Auctioneer. This information may be shared with Sellers involved in transactions with the Buyer, facilitating ongoing integrity and reputation management for the Auctioneer and enabling all parties to complete transactions efficiently. For detailed information about data handling, refer to the Auctioneer's Privacy Policy.
Waiver
13.1 The Auctioneer's failure or delay in exercising any rights or remedies under this agreement or law does not waive those or any other rights or remedies. Neither does it hinder or limit their further exercise. Any rights or remedies exercised by the Auctioneer do not preclude the exercise of additional rights or remedies.
Jurisdiction
14.1 The Conditions are governed by the laws of England and Wales. However, if the Auction occurs in Scotland, Scottish laws apply; if in Northern Ireland, Northern Irish laws apply, as relevant.
Guidance on Registration
15.1 The Auctioneer may refuse a bidder's registration without explanation.
15.2 The Auctioneer may require a deposit from any bidder at any time.
15.3 Invoices must be amended within one business day to change the name to a Company; otherwise, the registered bidder remains liable for outstanding invoices.
15.4 If an invoice is changed to a company name and the company becomes insolvent or is dissolved, the original bidder remains liable for any debts.
15.5 The Auctioneer may request Companies House to prevent the dissolution of a company with outstanding debts until cleared.
15.6 Bidders must provide their full legal names upon registration; initials or nicknames are invalid.
15.7 Pre-arrangements for third-party financing must be made to avoid payment delays.
General Conditions
16.1 All telephone calls may be recorded and used as evidence in disputes.
16.2 Transactions are considered Business to Business, not retail.
16.3 The sale contract is between the Vendor and the Buyer; Alister Grant acts solely as a broker.
16.4 Online Auctions are not covered by distance selling regulations. Sales can only be canceled if goods significantly differ from their description.
Dispute Resolution, Remedies, and Set Off
18.1 In disputes, the Seller will first attempt to resolve issues directly with the Buyer. Failing that, the Auctioneer may mediate. The Auctioneer's decision is final if no agreement is reached within a reasonable timeframe.
18.2 Buyers should inspect goods upon receipt and immediately report discrepancies.
18.3 Refunds issued by the Seller will be processed through the Auctioneer, subject to available funds.
18.4 The Auctioneer may offset any Seller or Buyer dues against payments made by Buyers before settling with Sellers.
18.5 The Auctioneer is authorized to offset any Seller dues against any credits in the Seller's Auction Account.
Disputes in Relation to Diamonds, Gemstones, and Jewellery
19.1 For disputes concerning Diamonds, Gemstones, and Jewellery, a standardized resolution process is in place. Items in question will be evaluated by the Independent AGI Gems Lab located in Manchester to verify the contested attributes. The lab's report will be deemed conclusive. Should the lab confirm the item's description as accurate, the buyer will bear the assessment's costs and the item will be returned. Conversely, if the item significantly deviates from its auction description, the seller must refund the buyer the total amount paid, including the auctioneer's 100% buyer's premium and the assessment costs. The item will be returned to the seller upon full reimbursement. Sellers are solely responsible for ensuring the accuracy of item descriptions before listing. The AGI Gems Lab report will serve as the mediation foundation, with the Auctioneer's decision being final, allowing for minor discrepancies. The primary objective in dispute resolution is to ensure equitable treatment for all involved parties
