TERMS AND CONDITIONS OF SALE
1) INTERPRETATION
i) "Bid price" means the price bid by a purchaser for a lot exclusive of any Value Added Tax chargeable on the supply of goods comprising the lot;
ii) "Purchase price" means the bid price plus a sum equal to any Value Added Tax chargeable on the supply of the goods comprised in a lot;
iii) "Purchaser" means the person making the highest bid price for a lot;
iv) "Vendor" means the person, company or department selling the goods.
v) "Reference to any enactment, order, regulation or other similar Instrument" shall be construed as a reference to the enactment, order, regulation or Instrument as amended by any subsequent enactment, order, regulation or Instrument.
2) GENERAL NOTICE: This sale is not classed as a consumer sale within the meaning of the Supply of Goods (Implied Terms) Act 1979.
3) THIRD PARTY AGENT: All of the equipment is in the ownership of the vendor. MST Auctioneers Ltd is acting as a third party agent only and does not take any title to any of the goods. MST Auctioneers Ltd cannot be held liable for any errors on the website, problems with registration or acceptance of bids.
4) BUYERS PREMIUM AND VAT CHARGES: A buyer’s premium of 17% plus VAT is charged on the hammer price of all lots unless indicated otherwise in the catalogue. This does not include the internet auction host fee which is a charge of 3% plus VAT, (total charges of 24% inclusive of VAT). VAT will be applied to the hammer price on all lots from VAT registered Vendors (20% VAT on hammer price + premium of 24% = 44% additional charges). Items sold under the Auctioneer’s Margin Scheme (non-VAT registered vendors),will not be liable for VAT on the hammer price. The premium will be clearly marked in any special notes and in the catalogue. VAT will be charged at the current rate of 20%. Successful buyers will receive a proforma invoice after the sale, this is not a VAT invoice. Please contact the office if you require a VAT invoice. See section 23 below regarding VAT on the export of goods.
5) BIDDING: Your bid is a legally binding contract to purchase, if you are not sure, do not bid as we are unable to cancel your purchase and NO refunds will be made. If any dispute arises between those making bids, the Auctioneer, at his discretion, shall either again put up the lot in dispute for resale or decide the dispute. No person shall retract his bidding. The Vendor reserves the right to bid himself or by his Agents and to alter, vary or withdraw any lots before or during the sale. The Auctioneers have absolute discretion without giving any reason, to refuse registration to any person.
DEPOSITS: For specialist vehicle sales or any other specialist sale as required by the Auctioneers, all buyers are required to pay a £200 deposit on registration. This will be refunded automatically at the end of the sale if the bid is not successful. If the bid is successful, this sum will be used towards the final bill.
A £100 refundable deposit may be required by any person not known to the Auctioneers, who wishes to bid on any other auctions.
6) METHOD OF PAYMENT: All invoices must be paid IN FULL within 24hrs of the sale. PAYMENT SHOULD BE MADE TO THE AUCTIONEERS, NOT EASY LIVE AUCTION. No goods may be removed until they have been paid for, together with all other charges. Payment can be on line by debit/credit card. Follow the link on your invoice email to pay on line. Payment also can be made by bank transfer, debit/credit cards by phone. Cheques will not be accepted except by agreement with the auctioneers, and the goods will be held until cheques are cleared. BANK TRANSFERS: BACS payment can be made directly into our account (please contact the office for bank details). PLEASE NOTE: NO CASH PAYMENTS OVER £4000 WILL BE ACCEPTED. No transfer of lots by the Purchaser shall be allowed.
By creating an account with MST Auctioneers either through our website or through easyliveauction.com you are required to provide your credit/bank card details. You authorise MST Auctioneers, if we so wish, to charge the credit/bank card given in part or full payment, including all fees, for items successfully purchased.
7) COMMISSION BIDS: These are only accepted by the auctioneers during a live auction and do not apply to timed on line sales
8) DEFAULT BY THE BUYER: If at any time the Buyer has failed to pay in full, the amount due by the date specified, or failed to remove any lot purchased by the clearance date and time specified in the Auction Notes/Important Information then:
i) The Auctioneer may rescind the sale of that lot and the full deposit and all monies paid, shall be forfeit and that lot may be offered for resale;
ii) The Auctioneer may remove the lot from the premises and leave it outside at the Buyer’s risk and expense;
iii) The Auctioneer may charge the Buyer the cost of storage or rent, taxes, any wages and other expenses incurred as a result of the lots remaining on the premises. Any monies held will be taken to cover any expenses incurred by the buyer on the original sale/purchase of any item. This includes all commission charges and taxes.
iv) The Buyer shall indemnify the Auctioneer against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the lot from the premises.
9) ONLINE AUCTIONS: ACCEPTANCE OF FINAL BIDS - IMPORTANT NOTE – Acceptance of all final bids is subject to prior approval by our clients. MST Auctioneers Ltd reserves the rights to reject any bids which they feel are insufficient. Successful bidders will be notified by email upon the finish of the auction together with a request for payment. Your highest bid will be treated as a valid bid, even if the reserve has not been met, as vendors can ask us to reduce the reserves during the course of the sale.
10) DATA PROTECTION: We will hold and process any personal data in relation to bidders and vendors in accordance with our current privacy policy, a copy of which is available upon request.
11) ONSITE SALES: DEPOSIT AGAINST DAMAGE OF FABRIC OF BUILDING: Purchasers may be required to pay an additional deposit on lots which will cause damage or leave a hole in the fabric of the building after removal. These lots will be specified in the sale catalogue. The deposit will be returned once the purchaser has made good in a satisfactory manner. Clearance of all lots must be undertaken in accordance with Health & Safety at Work Regulations.
12) SAFE WORKING PRACTICE & PERSONAL INJURY:
THIRD PARTY LIABILITY
Every person on MST Auctioneers Ltd premises at any time shall be deemed to be there at their own risk. They shall have no claim against MST Auctioneers Ltd in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of MST Auctioneers Ltd employees.
Both the Vendor and the Auctioneer require that in pursuit of safe working practice all equipment used for lifting and transporting heavy items which have been purchased at the auction should be covered by appropriate insurance and registration documents. This is especially the case in relation to cranes, lifting tackle and forklift trucks. Documentation may be required for inspection. Furthermore, appropriate protective clothing, PPE, such as hard hats and safety shoes, must be worn during these activities and due regard paid to safe manual handling practice. Neither the Vendor nor the Auctioneer shall be responsible for any accident or damage to life or limb which may occur prior to or during the progress of the Sale or at any time during the removal of lots except to the extent that such accident or damage arises from the negligence of the Vendor or the Auctioneer. Only MST staff may handle and remove goods from the auction rooms except where special conditions apply (see special conditions sheets). The Buyer takes on responsibility to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents.
13) FAULTS AND ERRORS: All lots are sold ‘as seen, as they lie’ and without warranty, regardless of the description in the catalogue. They are sold with all faults and errors or mis-statement or description, measurement, weight, quantity, quality, number or otherwise (whether of a substantial nature of not), however if an item is sold boxed and appears unused, and is found to be incomplete, defective or mis-described, then we will refund the amount paid in full. We must be notified within 48hours of collection. The Purchaser shall be deemed to have inspected the lots he buys and IF THEY BUY WITHOUT PREVIOUS INSPECTION, THEY SHALL DO SO AT THEIR OWN RISK.
CONDITION REPORTS: Please note that at auction it is up to you, the bidder, to satisfy yourself about the condition of an item. All lots are available for your own inspection or for inspection by an expert instructed by you. MST Auctioneers are not entering into a contract with you in respect of the Condition Report and accordingly we do not assume responsibility to you in respect of it, nor do we agree to owe you, as a Bidder, any obligation or duty in respect of this free report about a lot. The lots are not sold by sample but if in any case, a sample shall be displayed, it shall be upon the understanding that this contract shall contain no implied condition or warranty as to quantity or otherwise, or that the lots are free from any defect rendering them unmerchantable.
14) CLAIMS CONCERNED WITH CONDITION OF GOODS: Goods marked ‘Trade’ are to be installed by a competent member of the appropriate Trade or purchased only by a member of that Trade. The goods shall be acquired by the Purchaser at his own risk. The Purchaser shall make no claim against the Vendor or any servant of the Crown in respect of any loss, damage or injury (whether to person or property) suffered by the Purchaser in the course of or at any time after the delivery of the goods and in any way connected with or arising out of the condition of the goods.
15) RISK AND INSURANCE OF LOTS : Neither the Vendor nor the Auctioneer shall be responsible for any lot or part thereof after the fall of the hammer, from which time all lots shall remain the responsibility of the Purchaser. The goods are, therefore, the risk of the Buyer immediately upon the fall of the hammer and buyers are strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until full payment has been received.
16) REMOVAL: ALL LOTS SHALL BE REMOVED AT THE PURCHASER'S EXPENSE AND RISK. A CHARGE OF £3 PER LOT PER DAY WILL BE CHARGED ON ANY LOTS REMAINING AFTER 4 WORKING DAYS FOLLOWING THE SALE, UNLESS SPECIAL ARRANGEMENTS ARE MADE WITH THE MST OFFICE. GOODS REMAINING AFTER 10 DAYS WILL BE DEEMED TO BE ABANDONED AND WILL SCRAPPED OR OFFERED FOR RESALE AT THE AUCTIONEER’S DISCRETION, (UNLESS STORAGE HAS BEEN ARRANGED WITH THE AUCTIONEERS.) The Purchaser shall comply with any directions with respect to the removal of goods which may be given by the Auctioneers. All storage and expenses must be paid in full before the lot can be removed. In the event of the purchaser not removing their goods, the auctioneer will be entitled to re-offer the goods in the next sale, and deduct all expenses incurred. Any balance will be returned to the purchaser.
17) LIFTING AND TOWING: Where the Auctioneers gives assistance with the lifting and/or towing within the Auction House in connection with the collection of goods such assistance is given entirely at the Purchaser's risk and neither the Vendor nor the Auctioneer shall incur any liability whether in contract or in tort in respect other than in respect of injury to persons arising from the negligence of the Vendor.
18) LOSS CAUSED BY REMOVAL: Where the removal of any lot or lots causes loss or damage to any land or property including any other lot or the death or injury of any person, the Purchaser of the lot or lots being removed shall:-
i) Indemnify the Vendor against any liability or any payment reasonably made by him in respect of such loss, damage or death or injury (including any payment made in connection with the death or injury) under any Statute, Warrant, Order, Scheme, Regulation, Conditions of Service or other arrangements making provision for payments in respect of the death, disablement, sickness or other injury and
ii) In the case of loss or damage to land or property or any lot not sold to the Purchaser, at the option of the Vendor either make good the loss or repair the damage, whether before the removal of his lots from the premises is completed or after removal as the Vendor may require, or pay the cost of asking good or repair as estimated by the Vendor whose decision shall be binding on the Purchaser provided always and subject to the provisions of Conditions 13 hereof:
iii) the Purchaser shall incur no liability under this Condition if he is able to show that such loss, damage or injury was not attributable to the neglect or default of himself, his servants, agents or sub-contractors and nothing in this Condition shall relieve the Purchaser of any liability or the Vendor arising apart from this Condition.
19) LIMITATION OF VENDOR LIABILITY: The Vendor shall not be liable in respect of any claim whether in contact or in tort (other than claims in respect of injury to persons arising out of negligence of the Vendor) by the Purchaser arising out of or in any way in connection with the sale of all or any of the goods for any sum exceeding the amount of the deposit or purchase price (as the case may be) paid by the Purchaser in respect of the goods the subject of the claim.
20) DISPUTES: If any dispute or difference arises about any lot or any other matter in relation to the sale (other than a dispute between bidders) the same shall be settled by the Auctioneers or any such person as they shall appoint for the purpose, whose determination shall be fixed and binding on all parties concerned.
20) HEALTH AND SAFETY AT WORK ACT 1974:
i. It is expressly brought to the Bidder’s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990, or any other Acts or Regulations thereunder governing the use of the plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.
ii. The goods are not sold as articles for use at work; they are sold on the understanding that the Vendor does not represent them as being in a condition which makes them suitable for use at work. The Purchaser is reminded that if, nevertheless, any of the goods or articles purchased are intended by him to be supplied in due course for use at work, the Purchaser should, before so supplying them for such use, take such steps as are necessary to ensure, so far as is reasonably practicable, that such goods or articles will be safe and without risks to health when properly used and should carry out or arrange for the carrying out of such testing and examination as may be necessary to enable him to carry out the obligations imposed by the Health and Safety at Work Act 1974
21) ROAD TRAFFIC ACT REQUIREMENTS: Purchasers are reminded that any vehicle or trailer sold in this Sale may not be immediately roadworthy or may be of such a design as will not without alteration comply with the Acts and Regulations relating to its construction, equipment or use. It is generally an offence to use on a road a motor vehicle or trailer which does not comply with these Regulations and Acts and accordingly, it is a condition of the contract of sale that the Purchaser undertakes not to allow any vehicle or trailer purchased to be used until it complies in every respect with the requirements of the Acts and Regulations relating to its construction, equipment and use and having regard to its condition to ensure its lawful removal in accordance with the obligations under the contract of sale.
22) ROAD WORTHINESS OF VEHICLES: The hour and odometer readings on machinery and vehicles in this or any sale cannot be warranted and should not be relied upon. A MOT Certificate is not evidence of the road worthiness of any vehicle, and all vehicles or machinery are sold as seen, as they stand, with all their faults, regardless of the catalogue description. No Warranty whatsoever is given or implied by the Auctioneers or the Vendor.
23) EXPORT OF GOODS: Buyers intending to export their purchases are required to advise the office before bidding and complete an Export Registration Form. They must pay the full amount of VAT due on all goods subject to VAT, at the current standard rate. This amount will be held as a deposit until proof of export is received. In order to qualify for a refund of the VAT and for the item/lot to be zero rated, the goods must be exported within 3 months of the time of supply (invoice/sale date) and valid evidence of export received by the Auctioneers. Only VAT on the Hammer price will be refunded, VAT on Buyer's premium or any other charges will NOT be refunded. Please see HM Revenue & Customs Notice 703 regarding VAT and export.
24) SMOKING: Smoking is NOT permitted anywhere on the premises.
25) CONTAINERS ETC: Pallets, stillages, baskets, skips, etc. used for the display of the lot are not included in the sale lot unless stated.
26) CHEMICALS & LIQUIDS: The attention of Purchasers of chemicals is directed to their obligations to comply with all relevant provisions of the Poisons Act 1972, and of the Poisons Rules made thereunder. Purchasers are warned that a licence from the Local Authority is necessary before Petroleum Mixtures may be stored. Any fluids remaining in any lots purchased MUST be removed from site in conformity with the Control of Substances Hazardous to Health Act.
27) HELMETS & CLOTHING: Any helmets offered for sale are not sold as affording protection to persons on or in motor-cycles and are not of a type approved for use under the Motor-Cycles (Protective Helmets) Regulations 1974 (E1 No.2000). They may not therefore be sold or offered for resale for use in Great Britain as affording such protection
Unless otherwise specifically stated at the description of the lot, all made-up textile products are sold as 'old made-up textile products' as defined at Item 14 of Schedule 4 of Statutory Instruments 1973 No. 2124 Trade Descriptions - The Textile Products (indication of Fibre Content Regulations 1973).
28) POST 1950 WORKS OF ART & COLLECTABLE FURNITURE: Items of furniture included in the antique/collectable section are offered for sale as works of art. These items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling.
29) UPHOLSTERED FURNITURE - CONSUMER PROTECTION ACT 1987: All upholstered furniture is sold for the purpose of "OFFICE" use only, it is the responsibility of the purchaser to make sure it complies with the fire resistant regulations before it is re-sold for domestic use.
30) TRADE AND SCRAP LOTS:
Items deemed to be TRADE/SCRAP lots may only be purchased by persons carrying on a business of buying goods of the same description as those supplied and they must be fully aware of their legal obligations under all relevant statutes and legislation, and MUST sign our relevant form to confirm they are aware of these obligations.
SPECIAL NOTICE:
PLEASE BE AWARE THAT ALL LOTS MUST BE INSPECTED, EXAMINED, REPAIRED, RECONDITIONED, TESTED AND CERTIFIED THAT THEY MEET ALL CURRENT REGULATIONS, AS WELL AS THE HEALTH AND SAFETY AT WORK ACT, CONSUMER PROTECTION ACT, AND THE CONSUMER SAFETY ACT, BEFORE THEY ARE RE-USED OR RE-SOLD, THUS MEETING HEALTH AND SAFETY AND DUTY OF CARE REQUIREMENTS
