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TERMS & CONDITIONS FOR THE SALE OF GOODS BY AUCTION OR PRIVATE TREATY

1. Application of Terms

1.1. These Terms & Conditions govern the auction and sale of Goods by the Auctioneer, overriding any other terms.

1.2. By registering and bidding, you accept and agree to be bound by these Terms & Conditions in full.

1.3. If you do not accept these Terms & Conditions, you must refrain from bidding or completing the registration process.

1.4. Registration to bid constitutes acceptance of these Terms & Conditions.

1.5. In case of a conflict between these Terms & Conditions and those of any associated platform, these Terms shall prevail, but non-conflicting platform terms will remain in effect.

2. Interpretation

2.1. Unless the context requires otherwise, the following terms have the meanings set out below:

• "Account Holder" – The party registered on the platform at the time of first registration.

• "Bidder / You" – The Account Holder placing bids on auction lots.

• "Auctioneer / Us / We" – Martin & Ferries Auction Ltd, a company registered in England and Wales (Company No.), with its registered office at 1 Engine Block, Merrylees Road, Desford, Leicester, Leicestershire, LE9 9FE. We are a certified auction house, accredited by ATG Media, listing on iBidder.com and BidSpotter.co.uk.

• "Business Day" – Any day other than Saturday, Sunday, or a bank holiday.

• "Buyer" – The Account Holder who makes the Winning or Accepted Bid for a lot.

• "Contract" – The agreement for the purchase and sale of Goods, incorporating these Terms & Conditions and the Important Sale Information.

• "Goods" – The items offered for sale by the Auctioneer.

• "Lots" – The auction lots of Goods listed for sale by the Auctioneer.

• "Platform" – The third-party auction platform or website where the Auctioneer lists Lots, such as iBidder.com and BidSpotter.co.uk.

• "VAT" – Value Added Tax, or Sales Tax in some jurisdictions.

• "Vendor" – The owner of Goods being sold in an auction lot.

• "Winning / Accepted Bid" – The highest bid, or a lower bid accepted by the Auctioneer at their sole discretion. A bid is binding once accepted. The Auctioneer reserves the right to accept a maximum bid (submitted as an underbid) within 48 hours of the auction’s close.

2.2. Interpretation

Unless the context requires otherwise, the following terms have these meanings:

1. "Writing" includes electronic or facsimile communication.
2. Statute refers to the relevant statute or provision as amended or re-enacted.
3. "These Terms & Conditions" refers to these Terms & Conditions and any amendments or supplements.
4. "Schedule" refers to a schedule attached to these Terms & Conditions.
5. "Clause" or "Paragraph" refers to a Clause of these Terms & Conditions (excluding schedules) or a paragraph of a Schedule.
6. "Party" or "Parties" refers to the parties to these Terms & Conditions.

2.3. Headings
Headings are for convenience only and do not affect the interpretation of these Terms & Conditions.

2.4. Singular/Plural
Words in the singular include the plural, and vice versa.

2.5. Gender
References to any gender include all genders.

3. Important Sale Information

3.1. Sales Address
Marlow Road, Leicester, LE3 2BQ. (Some Lots may be located elsewhere for collection; check individual item details.)

3.2. Auctioneer's Contact Details

• Phone: TBC
• Email: Auction@martinferries.co.uk

3.3. How to Register
Register via iBidder.com, or BidSpotter.co.uk by creating a "Buyer's Account" to bid on featured sales.

3.4. How to Bid

• 3.4.1. For guidance, refer to the instructional video on our website.
• 3.4.2. Register for the sale listing the Lot(s) you’re interested in, and accept the Terms & Conditions and Important Sale Information.
• 3.4.3. Depending on your purchase history, account approval by the Auctioneer may be required. Contact the Auctioneer to request approval.
• 3.4.4. The Auctioneer may request additional information to verify your account.
• 3.4.5. Once approved, you may bid on any Lots in the sale. Bidding on multiple Lots commits you to purchase all Lots you bid on.

4. Basis of Sale by Auction

4.1 Auctioneer employees or agents cannot make representations about the Goods unless confirmed in writing by the Auctioneer. Bidding on a Lot means you acknowledge that you do not rely on unconfirmed representations and waive any claims for breach.

4.2 Any changes to these Terms & Conditions must be agreed in writing by authorised representatives of both the Bidder and Auctioneer.

4.3 Sales literature, price lists, listings, and other documents from the Auctioneer or associated platforms may change without notice and are not offers to sell.

4.4 Typographical, clerical, or accidental errors in sales materials or other documents may be corrected without liability.

4.5 Illustrations, photographs, and descriptions in catalogues or other documents are for guidance only and are not binding. Stock images may be used.

4.6 All sales are trade-only, and consumer protections (including cooling-off periods) do not apply. By registering or bidding, you confirm you are a trade entity, not a consumer.

4.7 All bids are binding and cannot be withdrawn. By bidding, you confirm you are able to purchase the Goods at the bid price, plus any additional charges, if you are the successful bidder.

5. Account Holder Responsibilities and Authorisation

5.1 The Account Holder is responsible for all bidding activity on their account.

5.2 The Account Holder authorises the Auctioneer to update their account with relevant details such as contact, company, and address information.

5.3 By registering, the Account Holder confirms they are either a corporate entity or, if a sole trader, at least 18 years old, a resident of the UK or Republic of Ireland, and capable of fulfilling the contractual obligations in these Terms & Conditions.

5.4 The Account Holder commits to completing the purchase of any Lot(s) they place Winning or Accepted Bids on before the auction ends.

5.5 The Auctioneer may request identity verification documents, such as a certificate of incorporation, driver’s licence, utility bill, or biometric verification via AplyiD Biometrics

6. Lot Listing

6.1 Item summaries provided by the Auctioneer are for guidance only and should not be considered definitive.

6.2 Prospective bidders are strongly advised to conduct their own due diligence on Lots, including checks on mileage, condition, warranty, year of manufacture, service records, and MOT history, before bidding. Such checks are not allowed after bidding or the conclusion of the sale.

6.3 It is the Account Holder's responsibility to carry out these investigations before bidding. Inquiries after bidding will be dismissed, and all bids are binding

6.4 For any vehicles without a V5C Logbook present, it would be down to the winning bidder to apply for a new V5C Logbook using a V62 application form themselves from the DVLA. Unless stated otherwise, all vehicles are assumed to NOT have a V5C logbook present unless stated within the lot listing

6.5 Unless stated otherwise, assume that all "trade only" lots come with no service records.

6.6 Unless stated otherwise, assume that all "trade only" lots come with no spare key. If a vehicle is advertised with a spare key, please be aware that Martin and Ferries Auction will not check the working condition of any spare key.

7. Viewing and Inspection of Lots

7.1 The Auctioneer recommends all potential buyers view Lots to assess their condition and specifications.

7.2 Viewings are by appointment only. Contact details are in Section 3 (Important Sales Information).

7.3 Viewing must be completed before bidding and before the auction ends. No viewings are allowed after this.

7.4 The Auctioneer encourages inspections by the AA, RAC, or independent specialists. Inspections must occur before bidding, and Goods cannot be driven on public roads during inspection.

7.5 The Auctioneer does not provide a grading system, emphasizing the importance of inspections.

7.6 Inspections must be scheduled during working hours, before bidding, and before the auction ends. Bids cannot be retracted once placed.

7.7 If in-person viewing is not possible, a video or live call may be arranged, but this does not allow bid withdrawal if video/live call is not available

8. Lot Images

8.1 Images are for illustrative purposes and may not accurately reflect the actual condition of the Lot due to factors like lighting or camera quality.

8.2 Images may include watermarks or showroom plates to prevent fraud.

8.3 Copyright and intellectual property rights for all images belong to the Auctioneer. Reproduction without consent will incur royalties, as determined by the Auctioneer.

8.4 Some Lots may feature ‘Library Images’ that do not accurately depict the Goods. Bidders should arrange inspections as outlined in Section 7 to verify the condition of the Lots.

9. Auction Process

9.1 Auctions are hosted on a Platform.

9.2 The Auctioneer is not responsible for the uptime, availability, or functionality of Platforms not owned or controlled by them.

9.3 Account Holders may place bids on Lots in accordance with Platform instructions.

9.4 The auction end time is automatically extended by 10 minutes with each bid (the "10 Minute Bidding Rule"). The Auctioneer may also adjust the time at their discretion, and all bids remain valid and open for acceptance.

10. Winning Bids

10.1 The winner of a Lot is determined by the Auctioneer at the end of the auction. While typically the highest bid wins, the Auctioneer may accept an underbidder's offer within 48 hours of the hammer falling. Even if outbid, Account Holders may still have their bid accepted as a Winning/Accepted Bid.

10.2 If you win a Lot, the Auctioneer will send an invoice via email and Business WhatsApp Messenger (in PDF format when available).

11. Provisional Bids

11.1 If your bid does not meet the reserve price, you authorize the Auctioneer to present your highest bid to the Vendor(s) for consideration.

11.2 If the Vendor(s) accept your bid within 48 hours, you will receive an invoice with a payment deadline of 5pm the following day.

11.3 Being the highest bidder is not required to win. The Auctioneer can present all bids to the Vendor(s) for consideration. All bids remain valid for 48 hours after the sale ends, and Account Holders may win multiple Lots.

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12. Invoicing

12.1 After the sale concludes, the Account Holder will receive an invoice for their successful bids via email and Business WhatsApp Messenger (in PDF format when applicable).

12.2 Invoices are issued as follows:

12.2.1 Invoice 1 of 2: Covers the Lot(s) won, showing the Hammer Price and applicable Administration Fee (as per the individual lot description).

12.2.2 Invoice 2 of 2: Issued after payment of the first invoice, including any Buyers Premium Commission and applicable VAT.

13. Buyer’s Premium Commission

13.1 Each Lot is subject to a Buyer’s Premium Commission of 20-35%, in addition to the Hammer/Bid Price. The exact rate varies by Lot. Please refer to the ‘Additional Fees’ tab for specific charges.

13.2 The Buyer’s Premium Commission is clearly displayed as ‘Commission’ in the ‘Additional Fees’ tab.

14. Special Conditions

14.1 All Lots are subject to a 20% + VAT "Special Conditions Charge," in addition to the standard Buyer’s Premium Commission, Administration Fee, and VAT at the current UK rate.

Special Condition Charges are displayed in the ‘Additional Fees’ tab.

15. VAT Charges

15.1 VAT at the prevailing UK rate applies to Buyer’s Premium Commission, Storage Charges, Late Payment Fees, and Administration Charges.

15.2 VAT also applies to the Hammer Price of all Lots, unless the Margin VAT Scheme applies. Account Holders should refer to the ‘Additional Fees’ tab for VAT details. If no specific information is provided, VAT at the prevailing UK rate will apply.

16. Payments and Payment Deadline

16.1 Payments must be made via Bank Transfer, with bank details provided on the payable invoice and to the following account

M and F

Acc No. 49535251

Sort Code: 04-00-03

16.2 Buyers should use the invoice number as the payment reference.

16.3 Payment deadlines for each Lot are specified in the ‘Item Description.’

16.4 Late Payments: A daily 5% + VAT Late Payment Fee will be applied if the payment deadline is missed.

16.5 The Late Payment Fee accrues daily, including weekends and Bank Holidays.

17. Storage

17.1 The Auctioneer reserves the right to charge a daily storage fee of £50 + VAT, applicable 7 days a week, including weekends and Bank Holidays.

17.2 Storage charges apply 3 days after winning a Lot. If your invoice is overdue, storage fees may be applied from the date of purchase.

17.3 Storage fees are charged per Lot. Multiple Lots will incur separate charges.

17.4 All storage fees must be paid in full before any Lots can be released for collection or delivery.

17.5 The Auctioneer may re-offer uncollected Lots to recover outstanding storage charges at their discretion.

17.6 Uncollected Lots will be placed in storage immediately, with charges accruing.

17.7 Lots uncollected for 3 months will be deemed abandoned, unless otherwise agreed in writing with the Auctioneer.

18. Risk and Retention of Title

18.1 Risk of damage to or loss of the Goods passes to the Buyer when:

• 18.1.1 The Auctioneer notifies the Buyer that Goods are available for collection at the Auctioneer’s premises, or
• 18.1.2 The time of delivery, or if the Buyer wrongfully fails to accept delivery, when the Auctioneer tenders delivery.

18.2 Legal and beneficial title to the Goods does not pass to the Buyer until the Auctioneer receives full payment (in cleared funds) for the Goods and any other Lots the Buyer has won, and any outstanding debts to the Auctioneer are repaid.

18.3 The Auctioneer may repossess Goods if payment is not received in full, and the Buyer authorises the Auctioneer to enter their premises to reclaim such Goods during normal business hours.

18.4 The Buyer’s right to possession of Goods terminates if:

• 18.4.1 The Buyer breaches these Terms & Conditions,
• 18.4.2 The Buyer enters into insolvency, bankruptcy, or other debt-related proceedings,
• 18.4.3 The Buyer faces any proceedings relating to liquidation or winding up.

18.5 Until all amounts owed to the Auctioneer are paid in full, the Auctioneer retains a lien over the Goods and may withhold delivery or collection.

19. Buyer’s Default

19.1 If the Buyer fails to make payment on time, the Auctioneer has the right to:

• 19.2.1 Suspend any further deliveries or collections and exercise a lien on the Goods (as stated in clause 18.6).
• 19.2.2 Apply any payments made by the Buyer to the Goods or other contracts, at the Auctioneer’s discretion.
• 19.2.3 Charge interest on the overdue amount (both before and after judgment) as outlined in clauses 16.4 & 17.2.
• 19.2.4 Initiate legal proceedings or issue a statutory demand for payment.

19.3 This condition applies if:

• 19.3.1 The Buyer fails to fulfill obligations or breaches the contract.
• 19.3.2 The Buyer enters insolvency, bankruptcy, or liquidation.
• 19.3.3 A receiver or encumbrancer takes possession of the Buyer’s assets.
• 19.3.4 The Buyer ceases or threatens to cease business.
• 19.3.5 The Auctioneer reasonably believes any of the above situations may occur.

19.4 If the Buyer defaults, the Auctioneer may cancel the sale or suspend further collections without liability, and any unpaid price becomes immediately due, regardless of previous agreements.

19.5 If the Buyer is released from the obligation to purchase, the Auctioneer may charge cancellation costs, including the Buyer’s Premium, auction re-entry fee, and an administration charge.

20. Refunds/Renegotiations/Buy Backs

20.1 Martin & Ferries Auction and its "vendors" advise that there be no refunds, renegotiations or buy backs if buyers are not satisfied with any lots purchased throughout the sale.

21. Waiver

21.1 If either party fails to enforce any provision of these Terms & Conditions, it does not waive the right to enforce that provision or any other provision later on. This failure to enforce will not be seen as a waiver of any past or future breaches and does not create a continuing waiver.

22. Severance

22.1 If any provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable, that provision will be removed, but the rest of the Terms & Conditions (and the Contract) will still be valid and enforceable.

23. Third Party Rights

23.1 Only the parties to the Contract have rights under it. No third party can claim rights under the Contract according to the Contracts (Rights of Third Parties) Act 1999.