1996 MG RV8 ***NO RESERVE*** A much-loved car, used for continental touring. Comprehensive service h

BUYER/BIDDER’S TERMS & CONDITIONS FOR HAMPSON AUCTIONS LIMITED

(‘The Terms’)

1. Please read these Terms carefully before you submit your application to us and

take a copy for your later reference, they explain how we provide the Auction

services to you.

1.1. We are Hampson Auctions Limited a company registered in England and

Wales. Our company registration number is 10464876 and our registered office

is at Winnington Hall, Winnington Lane, Northwich, CW84DU (‘Hampson

Auctions’). Tel:+44 1606 828124 info@hampsonauctions.com.

1.2. All notifications are to be made solely to this address/email and will be

deemed to be made on receipt by Hampsons.

1.3. We act as an agent for the Seller: except where expressly stated that we

are acting on our own behalf, we act only as an intermediary on behalf of the

Seller. Any sale contract for the goods auctioned by us will be solely between

the Buyer and the Seller (subject to these terms and conditions only in respect

of the Buyer and Seller obligations which shall be deemed to be enforceable

against each other). Hampson Auctions do not accept responsibility or liability

for any loss or default by the Seller to the Buyer or by the Buyer to the Seller.

1.4. We do not give Bidder/Buyer advice: as agent for the Seller, we aim to sell

the Lot at the highest price, we do not provide any advice to the Bidder/Buyer

and anything which we or our employees or contractors say is as agent for the

Seller rather than on our own behalf. If you are bidding and are not an expert

on the Lot, we would strongly encourage you to seek independent advice

about the Lot and its value.

2. Definitions used in our terms: Auction: the auction event run by Hampson

Auctions at which the Lot shall be offered for sale; Bidder: the potential Buyer

who wishes to attend the Auction to bid on a Lot; Bidder Registration Form: the

application the Bidder makes to take part in the Auction; Business Day: a day

other than a Saturday, Sunday or public holiday in England, when banks in

London are open for business; Buyer: the successful Bidder in relation to the

Lot; Buyer’s Commission: the commission due to Hampson Auctions in

accordance with the agreement between Hampson Auctions and the Buyer and

as further set out in Clause 9; Charges: means the sums owed to Hampson

Auctions for the Auction Services and include without limitation Buyer’s

Commission, Storage Fees charged by Hampson Auctions as set out in Clause 12

or as otherwise agreed in writing and any Expenses; Contract: the contract

between Hampson Auctions and either the Seller or the Bidder/Buyer for the

supply of Services in accordance with these terms; Expenses: expenses incurred

by Hampson Auctions but payable which includes, but is not limited to,

insurance, third party storage, illustrations, cleaning costs, special advertising,

packing and freight of the Lot and any VAT or other tax; Hammer Price: the

price for which a Lot is sold to the Buyer (this will not include any commissions

and is just the price for the Lot); Lot: the item stated on the Entry Form to be

sold at the Auction by Hampson Auctions on behalf of the Seller.; Premises: will

be at such premises as set by Hampson Auctions and communicated to the

parties to this agreement from time to time; Reserve: the reserve price set in

pounds sterling by the Seller with the agreement of Hampson Auctions in

relation to the Lot; Sale Proceeds: the sum payable to Hampson Auctions by the

Buyer in consideration of receiving title to the Lot which includes the Hammer

Price and the Buyer’s Commission and any Buyer related Expenses; Seller: the

person or firm who engages Hampson Auctions to provide the Services; Seller

Commission: the commission due to Hampson Auctions from the Seller as set

out in the Clause 9; Services: the Auction services supplied by Hampson

Auctions allowing the Bidder to bid in the Auction.

3. Interpretation: In this Agreement any words that follow ‘include’, ‘includes’,

‘including’, or any similar words and expressions shall be construed as

illustrative only and shall not limit the sense of any word, phrase, term,

definition or description preceding those words and a reference to ‘writing’ or

‘written’ includes any method of reproducing words in a legible and

non-transitory form.

4. Basis of contract and bid process.

4.1. The Contract shall come into existence when the Bidder signs the Bidder

Registration Form which sets out Hampson Auctions offer, subject to these

Terms, to allow the Bidder to take part in the Auction. For the avoidance of

doubt and in the exceptional case where the Bidder Registration Form is not

signed by the Bidder, attending the Auction shall be subject to an acceptance of

these Terms.

4.2. Hampson Auctions reserves the right to reject any Application Form which

is not complete or not accompanied by photographic identification and

Hampson Auctions can decide solely themselves whether to accept any

individual to attend or bid at the Auction.

4.3. If a Bidder is operating on behalf of a third party, they must make this clear

to Hampson Auctions when they fill in the Bidder Registration Form or they will

be deemed to have entered the contract on their own behalf. Hampson

Auctions cannot take any responsibility or liability for any loss or default

suffered by the Bidder/ Buyer or third party because of the Bidder’s failure to

make this clear.

4.4. These terms apply to the Contract to the exclusion of any other terms that

the Buyer seeks to impose or incorporate, or which are implied by trade,

custom, practice or course of dealing.

4.5. The Buyer shall be the highest bidder at or over the Reserve (if any) that is

accepted by Hampson Auctions.

4.6. In addition to bidding in person, Bidders can instruct Hampson Auctions by

writing or by telephone or electronically to execute bids on their behalf at the

Auction. Neither Hampson Auctions nor its employees will be responsible for

any error or default caused by the method chosen by the Buyer.

4.7. Hampson Auctions shall have the absolute discretion to settle any dispute

related to bidding at the fall of the hammer.

4.8. Any bid which fails to reach the Reserve may be submitted by Hampson

Auctions, at its sole discretion, to the Seller. Should the Seller accept, the Lot will be

deemed to have been sold to the Buyer at the bid price at the fall of the hammer.

5. Advertising material: Any descriptive matter or advertising in respect of the Lot,

is issued or published for the purpose of describing the Lot and their accuracy and

completeness shall be the sole responsibility of the Seller and Hampson Auctions

does not accept any liability to the Bidder or Buyer in respect of the Advertising

Materials. Photos, illustrations and diagrams are for identification only and may

not show the true colour and condition of the Lot. The Bidder/Buyer must satisfy

itself as to every aspect of the Lot (including but not limited to the Hammer

Price). Hampson Auctions nor the Seller warrants that any Lot is fit for any

particular purpose unless explicitly agreed in writing by the Seller.

6. Bidder/Buyer’s Obligations to Hampson Auctions the Bidder shall:

6.1. Complete and sign the Bidder’s Registration Form and ensure that the contents

of the Bidder’s Registration Form are complete and accurate and co-operate with

Hampson Auctions in all matters relating to the purchase of any Lot.

6.2. Provide Hampson Auctions with photographic Identification prior to

bidding at the Auction and where for any reason this has not occurred prior to

the bidding the Bidder/Buyer shall do so as soon as reasonably practicable

thereafter. Where Hampson Auctions is reasonably not satisfied with the

photographic identification provided, they may in their absolute discretion

refuse to sell the Lot to the Buyer or may at their option grant the Buyer extra

time to provide the necessary identification.

6.3. Acknowledge all Lots are provided as seen with all defects and faults

without any guarantee or warranty attaching thereto as to the condition,

roadworthiness or otherwise and with all defects and faults whether apparent

upon inspection or not and that any claim of any kind is solely against the Seller

and not Hampson Auctions;

6.4. Where a Buyer, pay Hampson Auctions the Sale Proceeds at the latest by

midday on the day after the Auction was held;

6.5. Accept Hampson Auctions can apply any payment received from the Buyer

towards any sums owed from the Buyer to Hampson Auctions without notifying

the Buyer or his agent;

6.6. Ensure any Lot purchased from Hampson Auctions is removed from

Hampson Auctions’ premises within a reasonable time period after Hampson

Auctions has confirmed in writing that all sums have been paid by the Buyer and

that they are able to collect the Lot; and

6.6.1. Ensure that where the Buyer has purchased a vehicle forming a Lot,

suitable car insurance policies are in place and all other legal matters are

complied with to remove the Lot from Hampson Auctions’ premises.

6.6.2. where the Buyer has failed to collect the Lot, Hampson Auctions can

deliver the Lot to the Buyer at the Buyer’s expense and charge any reasonable

storage costs and insurance for the period from the date when it should have

been collected until the date of collection by the Buyer.

6.7. Acknowledges Hampson Auctions relies on information as to the date,

condition and authenticity of a Lot provided by the Seller and does not provide its

own description and cannot adequately undertake its own inspection of a Lot.

6.8. Is responsible for ensuring the Lot conforms to the description in the

catalogue.

6.9. Where a Lot is a vehicle, the Buyer acknowledges:

6.9.1. That all motor vehicles are sold as collector’s items and not as a means

of transport, and as such the vehicles may have had parts replaced and

repainted and include parts of other vehicles which would make it difficult to

establish the condition;

6.9.2. Hampson Auctions cannot verify the authenticity of the chassis, VIN

number or mileage under which a vehicle is offered;

6.9.3. It is their own responsibility to verify in advance the authenticity of a

vehicle that is claimed to have important racing, rallying or ‘ex-works’ history as

it was common in period for a competition vehicle of a single identity to have

more than one chassis, body or other mechanical components. This may have

happened several times, both in a vehicle’s ‘works’ career and thereafter in

private owner hands. Sometimes ‘works’ vehicles were fitted with different

registration plates, so that a vehicle could meet a particular event’s start date

deadline. These historical factors may lead to there being in existence multiple

and competing claimants to the same vehicle identity;

6.9.4. Where it is illustrated by a photograph, the registration number visible

will not be transferred with the vehicle to the Buyer unless the registration

particulars appear in the written part of the description by the Seller; and

6.9.5. If the vehicle is sold to the Buyer before the formalities of the allocation

of a different registration number is completed with the DVLA, the Buyer will

take all reasonable steps to co-operate with the Seller or Hampson Auctions

and will not register the vehicle with the original registration number.

6.10 The Buyer while on the Premises shall conduct itself properly and in

accordance with the reasonable instructions of Hampson Auctions including

but not limited to those relating to health and safety and shall be responsible to

pay to Hampson Auctions or the Seller any damage caused by the Buyer while

on the Premises.

7. Obligations of Hampson Auctions

7.1 The only obligation of Hampson Auctions to the Bidder is to allow the

Bidder, subject to these terms, to attend the Auction, bid and where there is no

Reserve (or where the Bid is over the Reserve) conclude the sale on behalf of

the Seller with the highest bidder.

7.2 Hampson Auctions will then administer the exchange of the Lot for the

Hammer Price on behalf of the Seller ensuring that both the Seller and the

Buyer pay the relevant Charges under these terms.

7.3 Hampson Auctions will carry out the Services at the Premises. Hampson

Auctions is not liable to the Bidder/Buyer or Seller for any damage, injury or

death on the Premises or other place agreed which is not due to the negligence

or wilful default of Hampson Auctions or their employees or contractors.

8. Title to the Lot shall pass from the Seller to the Buyer only upon Hampson

Auctions receiving the Sale Proceeds in full and cleared funds from the Buyer.

9. Charges and payment

9.1 The Charges for the Services shall be calculated with reference to the below:

Type                                      Buyer’s Commission

Motor Cars                         12.5% +VAT of the Hammer Price subject to a minimum fee

 of £150 +VAT

 Motorcycles/ scooters  12.5% +VAT of the Hammer Price subject to a minimum fee

and bicycles                       of £150 +VAT

 Registration Numbers    15% +VAT of the Hammer Price subject to a minimum fee

of £50 +VAT

Cars / Motorcycles /       £175.00 plus VAT for the uplift of the Lot + £10.00

Bicycles / Scooters          plus VAT for each day that the Lot is not collected

9.2 Hampson Auctions may, at its sole discretion, choose to waive all or part of

the Charges. Where Hampson Auctions chooses to apply such a waiver, it shall

communicate that to the Seller/Buyer in writing. In all other cases, the Charges

shall be payable in full.

9.3 Where a Lot is subject to tax on import, the Buyer shall pay this in addition

to the Hammer Price at the rate at which it is charged.

9.4 Bidding shall take place in increments as decided by Hampson Auctions in

their sole discretion from time to time.

10. Payment of Charges

10.1 Hampson Auctions shall invoice the Buyer on completion of the Services.

10.2 If the Buyer fails to make payment of the Sale Proceeds, Hampson Auctions

may;

10.2.1 Retain the Lot and all other Lots sold to the Buyer at the Auction or any

other auction and release only when cleared Sale Proceeds have been received

from the Buyer.

10.2.2 Rescind the sale of the Lot, and any other Lots sold to the Buyer where

the Title has not passed;

10.2.3 Store the Lot at the sole expense of the Buyer and release it to the

Buyer only when they have received full cleared Sale Proceeds including the

costs for removal and storage and all other reasonable costs incurred in respect

of this from the Buyer;

10.2.4 Reject or ignore any further bids made by or on behalf of the Buyer at

any future auctions;

10.2.5 Resell the Lot or cause it to be resold by private or public sale and add

any fees incurred in doing this to the Buyer; and

10.2.6 Issue legal proceedings against the Buyer for payment of the Sale

Proceeds. Any fees and costs incurred by Hampson Auctions for this will be

added the Sale Proceeds from the Buyer.

10.2.7 Where the Buyer has paid some but not all the Sale Proceeds, Hampson

Auctions shall retain any sums required to pay any costs and fees associated

with retaining the Lot, but refund the Buyer the surplus, if any.

10.3 If the Buyer fails to make a payment due to Hampson Auctions under the

Contract by the due date, then, without limiting Hampson Auctions’ remedies

under this agreement, the Buyer shall pay interest on the overdue sum from the

due date until payment of the overdue sum, whether before or after judgment.

Interest will accrue each day at 4% a year above the Bank of England’s base rate from

time to time, but at 4% a year for any period when that base rate is below 0%

11. Data protection Hampson Auctions will comply with all applicable

requirements of the Data Protection Legislation and will conduct any data

processing of your personal data in line with the Privacy Statement on our

website www.hampsonauctions.com .

12. Limitation of liability (Limits the amount of claims that can be made against us)

12.1 Nothing in the Contract limits any liability which cannot legally be limited,

including but not limited to liability for, death or personal injury caused by

negligence; fraud or fraudulent misrepresentation; and breach of the terms

implied by section 2 of the Supply of Goods and Services Act 1982 (title and

quiet possession).

12.2 Subject to clause 15.1, Hampson Auctions’ total liability to the Buyer shall

not exceed the Sale Proceeds. Hampson Auctions’ total liability includes liability

in contract, tort (including negligence), breach of statutory duty, or otherwise,

arising under or in connection with the Contract.

12.3 This clause 12.3 sets out the types of loss are wholly excluded by the

parties.(i) Loss of profits(ii) Loss of sales or business.(iii) Loss of agreements or

contracts.(iv) Loss of anticipated savings.(v) Loss of use or corruption of

software, data or information.(vi) Loss of or damage to goodwill.(vii) Indirect

or consequential loss. Neither the Seller nor Hampson Auctions shall be liable

for any consequential or indirect loss whatsoever.

12.4 Hampson Auctions will not accept any liability for damage sustained to a

Lot that is attributable to members of the public or any other non-Hampson

Auctions employees/contractors during the sale or any removable items left

within Lots during the same period. Any Buyer claims for damage and / or lost

items must be submitted to Hampson Auctions in writing no later than 3

Business Days after the date of Auction and include a valid quote for repair or

replacement and digital photographs where applicable.

12.5 The actual condition of the Lot may not be as outward inspection suggests,

parts may have been replaced and may not be of satisfactory quality and there

may be damage beneath the upholstery. Given the age of many Lots no

assumption should be made with regard to any part of the Lots condition.

12.6 This clause 12 shall survive termination of the Contract.

13. Termination

13.1 Without affecting any other right or remedy available to it, any party may

terminate the Contract with immediate effect by giving written notice to the

other party if:

13.1.1 The other party commits a material breach of any term of the Contract

and (if such a breach is remediable) fails to remedy that breach within 14 days

of that party being notified in writing to do so;

13.1.2 The other party takes any step or action in connection with its entering

bankruptcy, administration, provisional liquidation or any composition or

arrangement with its creditors (other than in relation to a solvent

restructuring), being wound up (whether voluntarily or by order of the court,

unless for the purpose of a solvent restructuring), having a receiver appointed

to any of its assets or ceasing to carry on business.

13.1.3 The other party suspends, or threatens to suspend, or ceases or

threatens to cease to carry on all or a substantial part of its business; or

13.1.4 The other party’s financial position deteriorates to such an extent that

in the terminating party’s opinion the other party’s capability to adequately

fulfil its obligations under the Contract has been placed in jeopardy.

13.2 Without affecting any other right or remedy available to it, Hampson

Auctions may terminate the Contract with immediate effect by giving written

notice to the Buyer if the Buyer fails to pay any Sale Proceeds under the

Contract on the due date for payment.

14. Consequences of termination

14.1 On termination of the Contract:

14.1.1 Buyer shall immediately pay to Hampson Auctions all of Hampson

Auctions’ outstanding unpaid invoices and interest and, in respect of Services

supplied but for which no invoice has been submitted, Hampson Auctions shall

submit an invoice, which shall be payable by the Seller and Buyer immediately

on receipt and the Buyer shall collect the Lot from Hampson Auctions’ premises

in accordance with clause 6.6 above.

14.2 Termination of the Contract shall not affect any rights, remedies,

obligations or liabilities of the parties that have accrued up to the date of

termination, including the right to claim damages in respect of any breach of

the Contract which existed at or before the date of termination.

14.3 Any provision of the Contract that expressly or by implication is intended

to come into or continue in force on or after termination of the Contract shall

remain in full force and effect.

15. General

15.1 Force majeure. Neither party shall be in breach of the Contract nor liable

for delay in performing, or failure to perform, any of its obligations under the

Contract if such delay or failure result from events, circumstances or causes

beyond its reasonable control.

15.2 Assignment and other dealings. Hampson Auctions may at any time

assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in

any other manner with any or all of its rights and obligations under the

Contract. Neither the Buyer shall not assign, transfer, mortgage, charge,

subcontract, delegate, declare a trust over or deal in any other manner with any

of its rights and obligations under the Contract.

15.3 Confidentiality. Each party undertakes that it shall not at any time disclose

to any person any confidential information concerning the business, affairs,

customers, clients or suppliers of the other party.

15.4 Entire agreement. The Contract constitutes the entire agreement

between the parties and supersedes and extinguishes all previous agreements,

promises, assurances, warranties, representations and understandings

between them, whether written or oral, relating to its subject matter. Each

party acknowledges that in entering into the Contract it does not rely on and

shall have no remedies in respect of any statement, representation, assurance

or warranty (whether made innocently or negligently) that is not set out in the

Contract. Each party agrees that it shall have no claim for innocent or negligent

misrepresentation or negligent misstatement based on any statement in the

Contract. Nothing in this clause shall limit or exclude any liability for fraud.

15.5 Variation. Except as set out in these Conditions, no variation of the

Contract shall be effective unless it is in writing and signed by the parties (or

their authorised representatives).

15.6 Waiver. A waiver of any right (for example not taking immediate action on

a breach of these terms) or remedy under the Contract or by law is only

effective if given in writing and shall not be deemed a waiver of any subsequent

right or remedy. A failure or delay by a party to exercise any right or remedy

provided under the Contract or by law shall not constitute a waiver of that or

any other right or remedy, nor shall it prevent or restrict any further exercise of

that or any other right or remedy. No single or partial exercise of any right or

remedy provided under the Contract or by law shall prevent or restrict the

further exercise of that or any other right or remedy.

15.7 Severance. If any provision or part-provision of the Contract is or becomes

invalid, illegal or unenforceable, it shall be deemed modified to the minimum

extent necessary to make it valid, legal and enforceable. If such modification is

not possible, the relevant provision or part-provision shall be deemed deleted.

Any modification to or deletion of a provision or part-provision under this

clause shall not affect the validity and enforceability of the rest of the Contract.

15.8 Third party rights. Unless it expressly states otherwise, the Contract does

not give rise to any rights to people not party to this contract under the

Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

15.10 Governing law. The Contract, and any dispute or claim (including

non-contractual disputes or claims) arising out of or in connection with it or its

subject matter or formation shall be governed by and construed in accordance

with the law of England and Wales.

15.11 Jurisdiction. Each party irrevocably agrees that the courts of England and

Wales shall have exclusive jurisdiction to settle any dispute or claim (including

non-contractual disputes or claims) arising out of or in connection with the

Contract or its subject matter or formation.