11 Assorted Radiators, see photo for variation

1. Definitions:-

In these terms and conditions:-

1. “Auctioneer” or “Company” or “us” or” we” or  etc means Grievesons Auctioneers and Valuers or representative as appropriate.
2. “you”, ”your” “buyer” etc means the potential purchaser who has first registered with us as referred to at clause 2 below.
3. The “buyers premium” is payable on each lot purchased on Online Auction Sales. This is typically 15% plus VAT (including online fees) but can vary. Please check each sale before bidding. The buyers premium is added to the price of the winning bid for the lot and is payable by the purchaser. The buyers premium is subject to value added tax at the then standard rate.
4. The “Total Price” means the combined total of the successful bid for the lot, the buyers premium, VAT and any additional charges payable arising whether under these conditions or otherwise.
5. “Lot” means a lot offered for sale on our website.

2. The potential purchaser and any bidder hereby agree and acknowledge that:-

2.1 You are required to register your full personal details to include name and address with us to provide any documents reasonably requested by us to verify your identity. You must also verify that you are over 18 years of age.

2.2 All bids and purchases shall be subject to these terms and conditions.

2.3 We, the Auctioneer act as agents only.

2.4 You shall be deemed to act as principal. Accordingly, whether you are acting as agent or representative or officer or director of a company or another in any other capacity you will be personally liable for payment of the total price.

2.5 The highest bidder accepted by the Auctioneer at the end of the auction shall be the purchaser and any dispute about the identity of the highest bidder or purchaser or bid shall be settled at the Auctioneer’s sole discretion acting reasonably.

2.6 In completing the registration details with us and if requested, providing your debit card details you:-

2.6.1 authorise us the Auctioneers at our discretion, to charge the debit card given in part or full payment for the total amount due for a lot successfully purchased by you; and

2.6.2 confirm that you are authorised to provide the card details to us.

3 Value Added Tax

All purchased lots are subject to the addition of VAT on the price at the then current rate. The only exceptions to the VAT are luxury items (such as watches), non-commercial vehicles and baby equipment. These lots will only pay VAT on the buyers commission and none of the final sale value.

4.Payment

4.1 A successful purchaser shall pay the total price in full strictly within the time specified in the auction or by the Auctioneer (of which time is of the essence).

4.2 All bids for lots are made in UK pounds sterling (GBP). All payments of any nature whatsoever due under these terms and conditions are to be made in UK pounds sterling.

4.3 No lots may be moved or collected from the Auctioneer or its premises until the total price has been paid to the Auctioneer by cleared funds or bankers draft.

4.4 Payment can be made by debit card, direct bank transfer, bankers draft or any other method which has first been approved by us.

4.5 Any payment made by you to us may be applied by us towards any sums owing by you to us on any account whatsoever regardless of any instruction or direction from you or your agent.

5 Description and condition

5.1 All lots are sold as they stand at the point of sale with all and any fault, damage or other defects present. The Sale of Goods Act 1979 (as amended) does not apply to any lots or goods sold by the Auctioneer.

5.2 You shall be deemed to have inspected the lot you have bid for and be bidding in full knowledge of any and all faults, damage and defects. If you bid without having previously inspected the lot then you shall do so at your own risk.

5.3 No representation made by us (if any) prior to or at the time of sale of any lot shall be deemed to have induced you to bid or be incorporated in any sale. The sale contract shall contain no implied terms or warranty as to the quality or fitness of the lots and any such warranties are expressly excluded.

5.4 While every care is taken to ensure that any description is accurate, any such description or illustration of a lot is purely for information only. The purchaser cannot rely on such illustrations or descriptions as being accurate and we give no warranty in that regard. It is strongly advised that bidders physically view the lots in person to their satisfaction prior to bidding. No allowance of any kind whatsoever will be made as a result of failure to view. We advise bidders not to bid on any lot if they have not viewed to their satisfaction first. Our descriptions and photographs may be insufficient to wholly rely upon for the purposes of bidding.

6. Terms of bidding

6.1 The purchaser acknowledges that bids are made and the lots are sold subject to these terms and conditions and any other terms and conditions which are notified by us to you prior to the contract.

6.2 The Auctioneer act as agent only and shall have no liability whatsoever to either the vendor or the purchaser for any act or default by the purchaser or vendor. Accordingly we shall incur no liability whatsoever arising from any sale whether in contract, tort, statute or otherwise.

6.3 We shall make all reasonable efforts to provide and maintain the online web auction service. However the auctioneer shall not be held responsible for any interruptions, suspension, cancellation or disturbance to the service provided or the website. Accordingly we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.

6.4 The Auctioneer reserves the right to amend, cancel, or postpone any online auction or an online service at any time either with or without prior notice.

6.5 The Auctioneer reserve the right to withdraw, amend or consolidate any lot either with or without prior notice.

6.6 The Auctioneer reserves the right to reject, suspend, postpone or ban any person from registering or bidding in any online auction at any time either with or without prior notice. Such decision is made at the sole discretion of the Auctioneer and we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.

6.7 We shall incur no liability pursuant to the Health and Safety Act 1974 (whether by section 6 or otherwise). Accordingly, the purchaser undertakes to take such reasonable and practical steps as such as are sufficient to ensure that this purchase will be safe and without risk to health and safety when properly used.

7. Warranty of title and availability

The seller has confirmed to the Auctioneer that it is the true owner of the property contained in the lot or is authorised by the true owner to offer the lot for sale and is able to transfer good and marketable title to the property free from any third party claims. If any third party claims arise, or title to any the lot or part of it is claimed by a third party other than the seller prior to its collection by the purchaser, the Auctioneer reserves the right to rescind the sale.

8. Collection of the goods

8.1 No lot or goods purchased can be claimed, collected or removed until the total price has been paid.

8.2 The lots will be held by us at the purchaser’s risk immediately from the time of purchase.

8.3 You shall at your own risk and expense collect and remove all lots purchased, after payment of the Total Price, strictly within the time limit specified by us (of which time is to be of the essence). If you fail to remove the goods within the specified time us we can proceed under clause 9 below.

8.4 All items are to be removed at the purchaser’s expense and risk. The purchaser and their agents shall be liable for all and every damage, loss, expense or other charge which relates to or arises from the removal of the lot. Where the removal of the lot requires the disconnection from the main electricity supply this service shall only be undertaken by a fully qualified electrician who is first approved by the Auctioneer.

8.5 The method proposed for removing any lots must first be approved by the Auctioneer. A failure to obtain such approval will result in the purchaser and/or their contractors being refused entry to the premises to collect the goods.

8.6   Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative.

8.7   Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements.

8.8   The Buyer must ensure that:
8.8.1    It undertakes any waste removal by use of an approved and licensed contractor who must dispose of such waste at an approved waste management site; and
8.8.2    If required by the Company, it satisfies the Company’s waste removal procedures.

8.9   When removing any Lot from the Location the Buyer shall ensure that it and its removal contractors:

8.9.1      Complies at all times with all Legislation applicable to the Location, including, but not limited to, all relevant health & safety, waste disposal, hazardous substances and environmental Legislation, in particular where Lots are composed of or incorporate any asbestos-containing materials (“ACM”), and/or other dangerous chemicals or material which could cause harm if not handled correctly during the Lot removal;

8.9.2      Obtains all relevant permits, permissions, consents and/ or licenses required in the Location;

8.10        In addition, where the Location is within the United Kingdom, the Buyer shall:

8.10.1      Comply with all relevant Legislation including, but not limited to, (without limitation)  the Health & Safety at Work Act 1974, the Environmental Protection Act 1990, the Construction (Design and Management) Regulations 2015, the Control of Asbestos at Work Regulations 2002, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations, the Control of Substances Hazardous to Health Regulations 2002 (COSHH), the Road Vehicle (Construction and Use) Regulations 1986 and all other health and safety and environmental Legislation in existence at the time of the Sale;

8.10.2      provide a written undertaking pursuant to section 6(8) of the Health & Safety at Work Act 1974 when required to do so.

8.10.3      Provide to the Company a Risk Assessment & Method Statement complying with The Construction (Design & Management) Regulations 2015, COSHH or with any subsequent amendments thereof or such other legislation as shall from time o time be in force; and

8.10.4      If necessary, comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.

8.11     Where Legislation is advisory in nature, rather than mandatory, the Buyer must comply with such advisory Legislation in accordance with best industry practice.

8.12     In all cases arising under General Condition 7, the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Company and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Company and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this General Condition 7 and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 7.

9. Remedies for non-payment or failure to collect the purchase

9.1 If the Total Price for any lot is not paid in full or the lot removed strictly in accordance with these terms and conditions or there is any other breach of these terms and conditions we as agents for the seller and on our own behalf shall at our absolute discretion and without prejudice to any other rights we may have be entitled to exercise may:

9.1.1 To proceed with a claim against you for damages for breach of contract.

9.1.2 To rescind the sale of that lot and/or any other lots sold to you.

9.1.3 To resell the lot(by auction or private treaty) in which case you shall be responsible for any resulting deficiency In the Total Price after crediting the monies received on the resale and adding any costs or charges incurred in the resale. Any surplus arising on a resale shall belong solely to the seller.

9.1.4 To remove, store and insure the lot at your expense either at our premises or elsewhere.

9.1.5 To charge interest at a rate of 5% over Barclays Bank standard base rate on the Total Price until the amount due is paid.

10. General terms

10.1 Any special terms which are stated in the description of a particular lot shall be deemed as being interpreted into these standard terms and conditions.

10.2 Any notice to any buyer, seller, bidder or viewer may be given in writing by handing the same to them, by first class mail or email and will be deemed to have been received (in cases in which they have not been personally handed to the party) 48 hours after posting or sending the email.

10.3 Where the Auctioneer conducts a sale on behalf of a vendor who acts as administrator or liquidator of a limited company or trustee in a bankruptcy of an individual or such similar office the purchaser further acknowledges that:

10.3.1 The vendor acts only as agent on behalf of the company or bankruptcy and shall incur no personal liability in respect of the sale of any lot whether such liability arises under contract, tort, statute or otherwise.

10.3.2 The vendor or the Auctioneer on their behalf only transfers such right, title or interest the company or bankruptcy may have in such lot.

10.3.3 In the event of a third party proving to have superior title or right or to custody or possession of any lot the vendor may rescind the contract of sale and upon the return of any deposit and/or purchase price to the purchaser neither the vendor nor the Auctioneer shall have any further liability to the purchaser.

10.4     The Buyer acknowledges that a Sale by Auction of second-hand goods is not a consumer sale for the purposes of Part 1 of the Consumer Rights Act 2015, except as set out in Section 2 of the Act and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other Legislation.

10.5 Any claim or dispute arising in or in connection with any auction or these terms and conditions shall be governed by the laws of England and Wales.

11. Insurance and Indemnity

11.1     The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of any Lot;

11.1.1      After title to such Lot has passed to the Buyer but before it is removed from the Location; and

11.1.2      During the removal of any Lot.

11.2     The Buyer shall maintain adequate insurance at all times and shall provide written evidence as and when requested by the Company of the Buyer’s insurance policies in respect of the following insurances

11.2.1      Public Liability Cover and

11.2.2      Employers Liability Cover

11.3     The Company reserves the right to vary the level of insurance cover at any time, as and when required.

12. Data Protection

Where the Buyer processes, receives or obtains any Personal Data in relation to the activity contemplated by the Conditions of Sale, the Buyer undertakes to comply with:

12.1     the provisions of all applicable Legislation pertaining to the security, confidentiality, processing, protection or privacy of Personal Data, including the Data Protection Law; and

12.2     any data-related policies placed on the Company’s website or provided by the Company from time to time