NEW/UNUSED HARDLIFE SB40 HYDRAULIC ROCK BREAKER

1. Terms and Conditions

Universal Auctions Group strongly advises all account holders / bidders to thoroughly read and understand the terms of sale prior to registering and submitting any bids.

All auctions conducted by Universal Auctions Group Ltd ("Universal Auctions" or "we") are operated as trade-only auctions, where participants must act as business entities. By participating in our auctions, buyers ("Buyer" or "you") acknowledge and accept that the sale is not a business-to-consumer contract.

Trade-only auctions are NOT governed by the Sale of Goods Act 1979, the Consumer Rights Act 2015, ‘Unfair Contract Terms Act Regulations’ 1977 / 1999 or any other consumer contract-related legislation. By bidding, the bidder acknowledges and agrees to this exclusion. The buyer shall not seek to rely upon any conditions or warranties implied thereby.

By registering and bidding on lots within our auctions, the ‘account holder’ acknowledges that they have conducted their own research, undergone due diligence, and fully inspected the lots they wish to bid on.

The ‘account holder’ agrees that the ‘auctioneer and vendors’ make no representations, warranties, or guarantees in any way.

The ‘account holder’ accepts the ‘terms of sale’ or ‘terms and conditions’ listed at the time of registering for bid. The ‘account holder’ indemnifies the ‘Auctioneer – Universal Auctions Group’ and any of their vendors against any claims related to fitness for use or purpose.

Auctioneer details

Universal Auctions Group Ltd
Registered Address:  First Floor Office 3 Hornton Place, London, W8 4LZ

(Please Note: Please refer to each lot description for the location of each individual lot. Lot locations will vary depending on where the lot is based)

Contact Details:
Telephone: +44 (0) 330 1348 893
Email: info@universalauctions.group

1.0. Bidding

1.1. Once you have created your bidding account, you can register to bid.

1.2. Manual approval by the auctioneer may be required. Universal auctions group reserve the right to decline any bidder account.

1.3. The ‘account holder’ may be required to provide additional information is order to verify them for approval of bidding.

1.4. Additional identification may be required such as Driver’s License or a utility bill.

1.5. In the registration process you will be required to agree to the ’Terms of Sale / Terms & Conditions’.

1.6. All bids placed are legally binding and cannot be withdrawn at any time and under no circumstance.

1.7. The ‘Account Holder’ is responsible for all bidding activity. By participating in the auction, the ‘Account Holder’ agrees to complete any purchases resulting from ‘Winning Bid(s) Submitted / Provisional Accepted Bids’ on lots they’ve bid on.

1.8. The ‘Account Holder’ is agreeing to be 18 years or older.

2.0. Winning Bids / Payment

2.1. If you are the winning bidder on any Lot(s), your invoice will be sent to the email address on your bidding account. It is the ‘account holders’ responsibility to monitor their emails including the junk/spam folder.

2.2. All lots purchased are subject to a payment deadline. Payment is to be made within 24 hours of the invoice being issued.

2.3. All payments are to be made by bank transfer only, to the bank details on the invoice. We do not accept any cash, cheques, card payments or any other form of payment other than bank transfer.

2.4. Please note the invoice number must be used as the payment reference.

2.5. Bidders are reminded to only place bids if they intend to fully adhere to the terms and conditions of the auction, to which you have agreed.

3.0. Reserves/provisional bids

3.1. Reserve prices can be amended at any time during and after the sale.

3.2. In circumstances where a bid on any Lot(s) within a sale has not met the established reserve, the bidder authorises Universal Auctions to submit the highest bid tendered by the Account Holder to the Vendor(s) for consideration.

3.3. If the Vendor(s) opt to accept the highest bid presented by the Account Holder within a span of 24 hours from the time of submission, the Account Holder will be promptly invoiced, and such invoices shall be payable by 5pm of the succeeding day.

3.4. Bidding on any Lot(s) does not necessarily require the Account Holder to be the prevailing highest bidder to secure the item. Universal Auctions Group retains the right to submit all bids to the Vendor(s) for assessment. As such, bids placed by the Account Holder on single or multiple lots remain valid for 24 hours after the sale's conclusion.

3.5. Should the Vendor(s) decide to accept your ‘Maximum Bid’ placed, the ‘Account Holder’ will be notified within 24 hours of the auctions ending by receiving your winning payable invoice with a set payment deadline.

4.0. Lot End Times & Removal

4.1. Universal Auctions Group reserves the unequivocal right to withdraw or remove any Lot(s) listed within any sale at any time without providing advance notice to the Account Holder or other parties.

4.2. Pertaining to 'Timed Auctions', the Company reserves the right to amend, alter, or modify the designated end times for any Lot(s) without precedent notice.

4.3. Universal Auctions Group clarifies that all items (or "lots") listed for auction are available at the time of listing. However, Universal Auctions Group Ltd does not guarantee that these items will remain available after the auction concludes (referred to as "after the hammer has fallen"). This suggests there might be circumstances beyond Universal Auctions Group control affecting the item's availability.

4.4. Universal Auctions Group states that it holds no liability for any item that becomes unavailable after the auction or if the seller fails to supply the item. This means Universal Auctions Group does not accept responsibility for situations where the item cannot be provided to the buyer due to reasons that might include, but are not limited to, the item being lost, damaged, or withdrawn by the seller.

4.5. In accordance with this policy, Universal Auctions Group will not entertain any claims related to the unavailability of items. This reinforces Universal Auctions Group position of not accepting liability for such occurrences.

4.6 Universal Auctions Group does offer a remedy in situations where the item is paid for but subsequently becomes unavailable. Universal Auctions Group commits to offering a full refund of the invoice amount to buyers in these scenarios. This means if an item has been paid for and it cannot be supplied for some reason, the buyer is entitled to refund of the full invoice.

4.7. When a lot is closing, should any other ‘Account Holder’ wish to bid on the Lot, the end time will be extended by up to 10 minutes (Auto generated). The will occur each time a bid is placed within the final 10 minutes of the lot closing.

5.0. Buyer’s Premium/ fees

5.1. Each individual lot will carry a Buyer’s Premium ranging from 10-25% applicable to the ‘Hammer Price’ – This will differ from lot to lot. Refer to the ‘Additional Fees’ tab on each individual lot for clarification on the additional fees.

5.2. All Buyers Premium charges are subject to VAT @ 20%.

5.3. Each lot will have an internet surcharge applied which will range from 1%-5%. This will be subject to VAT @ 20%. Please see the additional fee tab on each lot for clarification.

6.0. VAT Charges

6.1. All lots will be subject to VAT @ 20%. Which is applicable to the Hammer Price and the buyer’s premium/fees. Unless otherwise stated in the lot description.

6.2. Some Lots may be sold with no vat on the hammer price. Refer to the lot description for clarification.

7.0. VAT Refunds / Export

7.1. Buyers intending to export a Lot will be charged an additional deposit equal to the VAT due on each Lot purchased.

7.2. To qualify for a refund, the Goods must be exported in accordance with relevant export regulations. Valid written evidence of compliance should be sent by the Buyer to the vendor at their registered address and to the Auctioneer via email (admin@universalauctions.group) within 28 days of the date of invoice. The auctioneer does not take ownership of any goods sold in the auction and therefore accepts no liability for VAT refunds unless specifically agreed with all parties prior to the sale. The auctioneer’s role is to facilitate communication between buyer and seller.

7.3. If satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export, and the Buyer will forfeit any deposit they may have paid in accordance with clause 7.1.

7.4. The Auctioneer cannot refund the VAT on the Buyers’ Premium under any circumstances.

7.5. If the Buyer chooses to export their purchases using their own transport, VAT will be levied and refunded upon satisfactory documentation supporting the removal of the Goods purchased, assuming the terms of clause 7.2 are satisfied.

7.6. Notwithstanding any other clause in these Conditions, the Auctioneer reserves the right to refuse:

1. to accept any Bid from a Bidder; or
2. to sell any Lot (in whole or in part) to a Buyer.

8.0. Viewing of Lots

8.1. Universal Auctions group advise viewing all Lots listed within the Auction prior to bidding.

8.2. Viewing is strictly appointment only. Viewing must take place prior to placing any bid(s) on the lot(s) you wish to view & prior to the auction ending.

9.0. Description Accuracy

9.1. As an agent of the seller, Universal Auctions Group provides lot descriptions based on information furnished by the seller. However, we do not warrant the accuracy of these descriptions.

9.2. Buyers are encouraged to thoroughly inspect images and descriptions and seek further information if required before bidding.

9.3. All lots are sold "as seen," and no guarantees or warranties, whether expressed or implied, are provided. It is the ‘account holders’ responsibility to do their own due diligence.

9.4. Descriptions/images are provided by the seller at the time of listing.

9.5. Each Lot which has a mileage/hour reading in the description is not to be deemed as ‘Warranted’ unless otherwise stated.

9.6. Universal Auctions Group conducts a basic check on each vehicle to ascertain that it is not stolen. We rely on the provided information and, as a third party, cannot be held liable for any inaccuracies. Universal Auctions Group does not perform checks for insurance write-offs and therefore cannot provide advice regarding a vehicle's involvement in previous accidents. It is incumbent upon bidders to conduct their own investigations regarding a vehicle's insurance history where it is deemed critical. Furthermore, bidders are required to carry out their own investigations concerning outstanding finance or title, as Universal Auctions Group shall not bear any liability should these checks not be completed prior to the placement of a bid. In the event that outstanding finance is discovered after the purchase, the buyer must address the issue directly with the seller, as Universal Auctions Group is not a party to the contract between the buyer and the seller.

10.0. Lot Images

10.1. Images are provided by the seller at the time of listing.

10.2. Images of lots are for Guidance Purposes Only and should not be relied upon to reflect the true condition of any lot / item.

10.3. In some cases, lots within the auction maybe listed with ‘Stock Images’. In this case images are for illustration purposes only.

11.0. Registration Plates

It falls to ‘Account Holder’ to undergo their own due diligence with any visible ‘Registration Plate’ which can be visibly seen within the ‘Lot Images’.

11.1. Some lots will be listed with ‘Private Registration Number’. In this case it is the account holders responsibility to do their own due diligence to seek if the ‘private number plate’ is included in the sale.

11.2 No ‘Private Registration Number’ is included within the sale unless otherwise stated.

12.0. Collections

12.1. Upon receipt of payment, Universal Auctions will issue the collection details to the email address on the bidding account.

12.2. Collections are by strict appointment only. If no appointment is made, collection may be refused.

12.3. The collection instructions of determined by the ‘seller’ of the lot/s the buyer has won.

12.4. In some circumstance, lots will have specific collection dates/times. These will be stated in the auction details or on an individual lot description. Failure to collect within these dates will result in storage charges being applied or the disposal of you lot/s with no refund being issued.

12.5. A grace period of 5 days will be granted for collection. From the 6th day, a storage charge of 5% plus vat per day, with a minimum charge of £20 plus vat, will apply.

12.6. Goods will only be released upon settlement of all applicable fees. Failure to pay fees or collect goods within 20 days will result in goods being deemed abandoned, with ownership transferring to Universal Auctions and no refund provided.

13.0. Delivery

13.1. Universal Auctions Group, as the auctioneer, do not offer delivery on any lot.

13.2. A lot description may state that delivery is available. This is added to a description on the advice of a vendor.

13.3. If a vendor can offer a delivery quote, this will not be supplied until the full invoice has been paid.

13.4. Universal auctions group, as the auctioneer, cannot be held liable for any loss, damage or inconvenience caused through a delivery arranged by a seller. No refund will be provided as a result of any delivery issues/failures. This is between the buyer and the seller.

14.0. Storage Charges

14.1. Universal auctions Group reserve the right to charge a daily storage Fee of 5% plus vat per day, with a minimum charge of £20 plus vat per day for failure to collect within the stated terms (see 12.0. Collections) (Charged 7 Days A Week, Including Bank Holidays).

14.2. Storage charges are applied to each lot at the charge stated in 15.1.

14.3. Storage Charges must be settled prior to release of any Lot(s) for Collection / Delivery.

14.4. Failure to collect your goods within 20 days of receiving the details to collect, will result in the lots being classed as abandoned and ownership transferring over to Universal Auctions Group. No refund will be issued.

15.0. VDI Checks

15.1. All lots listed with a ‘registration number’ available have been VDI checked by Universal Auctions group prior to being listed.

15.2. All details added to the description are correct at the time of listing.

15.3. Universal Auctions Group advise all bidders to do their own research and due diligence prior to placing a bid to fully satisfy themselves.

16.0. Refunds / Buy Backs / Renegotiations

16.1. Universal Auctions Group and our vendors want to make it clear that there will be no refunds, buybacks, renegotiations, or contributions provided if buyers are dissatisfied with any lots they purchase during the sale. It’s important for buyers to carefully consider their purchases and be aware of this policy.

17.0. Terminations of auctions & Account holders

17.1. Universal Auctions may terminate or suspend auctions at any time without prior notice.

17.2. Universal Auctions may terminate or suspend your access to our services at any time without liability.

17.3 Universal Auctions Group reserves the right to temporarily block any account holder from further bidding activity at any stage—whether before, during, or after any sale.

17.4. Universal Auctions Group reserve the right to have any Account Holder permanently banned from any further bidding activity throughout the platforms Universal Auctions Groups auctions are listed on.

18.0. Payment Terms and Consequences for Non-Payment

18.1. Payment is strictly due within 24 hours. If payment is not received within 48 hours, and no prior agreement has been made with the auction house, it will be deemed a failure to complete the transaction. The lot will no longer be available to the winning bidder, and the following charges will apply:

1. Buyer's Premium:
   A buyer's premium between 15% -20% will be charged on the hammer price of the lot. (The buyer’s premium depends on the lot type and can be found on each lot by clicking the “Additional Fees” button)
2. Non-Payment Charge:
   An 8% charge will be applied to the total invoice amount for non-payment within 48 hours.
3. Debt Recovery Charge:
   If the debt is passed to a commercial debt recovery company, the buyer will be liable for an additional 15% of the total invoice amount, payable to the debt recovery company.

Please only bid if you agree to these terms, as there will be no exceptions.

Example of Charges Based on a £10,000 Sale Price:

• Buyer's Premium (15% of hammer price): £1,500
• Non-Payment Charge (8% of hammer total): £920
• Vat on default charges at 20%: £529
• Total Default charge: £3174 payable within 24 hours of default (72 hours from the invoice send time)

After 72 hours the debt will be passed to a Debt recovery company and the additional charges based on the above shall be applied

• Debt Recovery Charge (15% of hammer total): £1500
• Vat on the 15% recovery charge £300

Total additional charges you will be liable for: £1800

Total charges for default once sent for debt recovery £4974.00

Please note once passed to a debt recovery company, the claim can not be retracted!

19.0. Warranty and Liability

19.1. Universal Auctions, as the auctioneer, is not a party to the contract between the buyer and the vendor. We disclaim liability for any action or default on the part of the vendor or buyer.

19.2. Descriptions provided for lots are based on the vendor's information, and Universal Auctions assumes no liability for any losses, damages, or injuries resulting from the sale.

19.3. Trade-only auctions are NOT governed by the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer contract-related legislation. By bidding, the bidder acknowledges and agrees to this exclusion.

20.0. Confidentiality and Non-Circumvention

20.1. Both parties agree to maintain the confidentiality of any information obtained during the auction process and not disclose it to any third party.

20.2. Buyers shall not engage directly with Universal Auctions' vendors, suppliers, or consignors without Universal Auctions Groups express written consent.

21.0. Feedback and Disputes

21.1. Universal Auctions values feedback to enhance its services. Any issues should be directly communicated to Universal Auctions for resolution.

21.2. Feedback concerning vendors should be directed to them and not posted publicly on Universal Auctions' platforms.

21.3. Universal Auctions may take appropriate action against false or misleading feedback that adversely affects the company's reputation.

22.0. Governing Law and Jurisdiction

22.1. These terms and conditions are governed by and construed in accordance with the laws of the jurisdiction where Universal Auctions Group Ltd is registered.

22.2. Any legal action or proceeding arising from or related to these terms and conditions shall be exclusively brought before the competent courts of that jurisdiction.

23.0. Amendments to Terms of Sale / Terms & Conditions

23.1. Universal Auctions Group reserves the right to modify our ‘Terms of Sale’ or ‘Terms & Conditions’ at any time without prior notification to any account holder or potential bidder.

23.2. It is the responsibility of all returning bidders to make themselves aware any updated Terms of Sale / Terms & Conditions.

All lots are sold at the discretion of Universal Auctions Group Ltd and as such reserves the right on behalf of themselves or the vendors too:

• To set a reserve price: Universal Auctions Group Ltd has the authority to establish a minimum price, known as the reserve price.
• To bid on behalf of a vendor, up to the vendor's reserve price: Universal Auctions Group can place bids on an item during the auction on behalf of the vendor, but they will not exceed the vendor's reserve price.
• To allow the vendor to bid up to the reserve price: The vendor, in certain circumstances, may have the option to bid on their own item in order to reach the reserve price. This is sometimes referred to as a "vendor bid" and is typically allowed up to the reserve price.
• To withdraw a sale at any time: Universal Auctions Group Ltd can decide to cancel or withdraw the sale of an item at their discretion. This could happen for various reasons, such as an error in the listing or other unforeseen circumstances.
• To rearrange, consolidate or vary the order of sale: The auctioneer has the flexibility to change the order in which items are presented for bidding. They may also choose to consolidate similar items or make other adjustments to the auction proceedings as they see fit.
• Be obliged to disclose the reserve price of an item: Universal Auctions Group may or may not disclose the reserve price of an item to potential bidders. Some auctions keep the reserve price confidential, while others may choose to make it known to the bidders.

By participating in Universal Auctions Group Ltd. auctions, you acknowledge having read, understood, and agreed to abide by these Terms and Conditions. Your cooperation is appreciated, and we wish you success in your bidding endeavours.