EVENINNG LIVE Auction - Bathroom & Plumbing Stock, House Doors, Floor Tiles & More - NO INTERNET SURCHAGE
(REF 113810) SECURE Single Lever Bathtub Filler/ Mixer Tap  Chrome Brassware - New & Boxed - From Company Liquidation - UK Delivery Available - approx. RRP: £150
SECURE Single Lever Bathtub Filler/ Mixer... More
EVENINNG LIVE Auction - Bathroom & Plumbing Stock, House Doors, Floor Tiles & More - NO INTERNET SURCHAGE
- Unit 1 Hammond Trade Centre
- Hammond Avenue
- SK4 1PQ
- 16 May 2012 6:30pm
Terms and Conditions
TERMS AND CONDITIONS FOR BUYERS
1 Acceptance of Terms
1.1 Please read these Terms and Conditions For Buyers carefully as registering to bid in one of our Auctions constitutes your acceptance of these Terms. We reserve the right to update the Terms at any time by displaying amended Terms on the Website. You will be deemed to have agreed to the amended Terms when you next use this Website following any amendment.
2 Definitions and interpretation
2.1 The following terms shall have the meanings given to them when used in these Terms (except where the context otherwise requires):
(b) Business Day: a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;
(c) Business Hours: shall mean, on a Business Day, 9am to 6pm inclusive;
(d) Corporate Auctions (and "we", "us", "our"): means E-Jumble Limited (t/a Corporate Auctions);
(e) Item (and "lot", "auction lot", "auction item"): means an item of goods which is auctioned on the Website;
(f) Premises: "CORPORATE AUCTIONS LIMITED, Hammond Avenue, Whitehall Industrial Estate, Stockport, SK4 1PQ";
(g) Registration Details: means those details submitted by you to us via our online registration form on the Website, and as updated by you from time to time, including but not limited to your name, address and credit and / or debit card details;
(h) Approved (and "approval to bid", "approved to bid"): means that your Registration Details have been deemed acceptable by Us to the extent that We have accepted your application to bid in one of our auctions;
(i) Registered (and "registered to bid", "registering to bid"): means that you have submitted your Registration Details to Us as an application to be approved to bid in one of our auctions;
(j) Terms: means these Terms And Conditions For Buyers;
(k) Website: means www.i-bidder.com;
(l) Auction (and "auctions"): means one or more Items presented by Us for sale on the Website.
3 Following your purchase
3.1 You shall not be entitled to collect, or have delivered, any Items which you have purchased unless and until we have received full payment in cleared funds for all such Items, including but not limited to any applicable VAT, purchaser`s premium, collection charges, delivery charges and storage fees.
3.2 Where an Item is located at our Premises, and collection or removal for delivery has not been completed in accordance with term 3.3, we shall be entitled:
(a) to treat the Item as abandoned if no communication from you has been received following the expiry of the deadline outlined in term 3.3.
3.3 All items must be either collected (by you or your representative/courier), or if you have arranged and paid for one of our own delivery services (Us) then despatched, by no later than five (5) Business days after the end of the auction.
3.4 Risk and title in the Items shall pass to you in accordance with our Auction Rules.
4 Collection Conditions
4.1 Any collection time agreed with us in accordance with term 3.3 shall be final and you agree to collect the relevant Item at that time.
4.2 Unless stated to the contrary in the lot description, all Items shall be available for collection from our Premises in accordance with term 4.1.
4.3 Upon your request, we shall use our reasonable endeavours to arrange additional staff to help you carry an Item from our loading bay to your transport. There is an additional charge for this service of £5.00 per member of staff.
5 Delivery Services
5.1 Upon your request, we will use our reasonable endeavours to source a third party courier to deliver your Item to you. Should you wish to instruct such third party courier to deliver the Item on your behalf, you shall contract directly with the courier. Our involvement shall be restricted solely to sourcing the courier. We make no warranty or representation as to the suitability of the courier and we exclude all liability for any losses, liabilities or costs which arise directly or indirectly from your use of the courier. We shall be entitled to charge for our services in sourcing a courier on your behalf at our then prevailing rates, which are available on the Website or upon request.
5.2 Where the delivery address for the Item is within 50 miles of our Premises, we may offer our own delivery service. This service, where available, shall be at our then prevailing delivery rates, which are available on the Website or upon request.
5.3 For deliveries of Items by our own delivery service:
(a) delivery shall be to the front-door of the address given in your Registration Details or such other address as you shall reasonably specify when requesting our delivery service;
(b) we may arrange for any part of the delivery to be carried out by a sub-contractor;
(c) where for any reason the Items cannot be delivered at the delivery address, we shall seek instructions from you and shall at your cost and expense either re-deliver the Items to you at the delivery address or deliver the Items to such other address, warehouse or storage facility as you shall specify;
(d) we will use our reasonable endeavours to despatch your Items within three (3) Business Days of payment in cleared funds being received, however time shall not be of the essence. You should anticipate a longer delivery period where delivery periods incorporate public holidays;
(e) we may be able to offer discounted shipping costs to customers who buy multiple Items, if the Items can be packaged and shipped together. Please let us know if you would like to combine shipping immediately after the conclusion of the auction in which you have purchased the first Item. Payment for multiple purchases must be within three (3) days of the close of the first auction. Any items outside of the three (3) day window will not be eligible for combined shipping.
6 Additional Fees
6.1 Where an Item is located at our Premises, we can, upon your request, store it on your behalf at our then prevailing rates, which are available upon request.
6.2 Our storage fees shall be payable weekly in advance and shall be subject to VAT.
6.3 Where collection, or removal for delivery, of an Item has not been completed in accordance with term 3.3, we shall be entitled to charge storage fees at our then prevailing rates from the date of the deadline for collection or removal for delivery.
6.4 Where any fees due from you in accordance with this term 6 remain unpaid for a period of five (5) Business Days, we shall be entitled to re-auction the Item(s) to which the fees relate and deduct all monies due to us from the sale proceeds. We shall then account to you for any balance of the proceeds. Where the sale proceeds are insufficient to pay the monies due to us, the full amount of any unpaid balance shall remain payable in full.
Without prejudice to any other remedy which may be available to us, whether in accordance with these Terms or otherwise, where any monies due from you in accordance with these Terms remain unpaid for a period of five (5) Business Days, we may charge you interest on the outstanding monies at the rate of 4% a year above the base rate of Barclays Bank plc in force from time to time, from the date payment became due until actual payment is made irrespective of whether the date of payment is before or after any judgment or award in respect of it.
8 The Auction
We reserve the right to place bids in our auctions on behalf of our client(s), or by way of a proxy bid on your behalf as a bidder.
9 Insurance and our liability
9.1 Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10 Company and contact details
E-Jumble Limited (t/a Corporate Auctions Limited) is incorporated in England and Wales with registration number 05863288 and has its registered office at Hammond Avenue, Whitehall Industrial Estate, Stockport, SK4 1PQ.
Telephone: 0161 476 3497
The company`s VAT registration number is 909146715.
The company is a member of the United Kingdom Warehousing Association (www.ukwa.org.uk).
Except as otherwise stated, any notices you wish to send to us should be e-mailed to firstname.lastname@example.org. Any notices that we may wish to draw to your attention will be displayed on the Website.
12 Applicable law
These Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation thereto.
13 Events beyond our control
We will not be in breach of these Terms or otherwise liable for any delay in performance if, and to the extent that, any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
15 Entire agreement
These Terms, together with any document expressly referred to within its provisions (including but not limited to the Ancillary Documents) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. If there is an inconsistency between any of these Terms and the provisions of the Auction Rules, the provisions of the Auction Rules shall prevail.
As the items have been bought and sold at auction, they may only be returned if they prove to have been both materially and incorrectly described when listed. Otherwise there is no right to return the items. If you or your agent collects the items from our premises, it is your or your agent`s responsibility to carefully check that the items correspond with the description under which they were listed. No returns for collected items can be made after this point. All requests to return items delivered by us or our agents must be made within two (2) days of delivery.
All returns should be made directly to us as the seller`s agent and only following pre-authorisation as provided for in this Returns Policy.
For each buyer`s protection, we recommend a recorded delivery service is used for all returns and that you notify us of the date and anticipated time of such delivery.
Should you wish to return an item, you must contact us in writing by email on email@example.com or by fax on +44(0) 161 476 3497 notifying us of your wish to return any items that you have purchased and of the reason(s) why the items are materially and incorrectly described when listed. Please include as much detail as possible, including photographic evidence where appropriate. On receipt of your returns request we will consider the reason(s) given for requesting the return. Provided that we consider, in our reasonable opinion, that the items have been materially and incorrectly described, we will issue an authorisation for the return and on receipt of the returned items we will issue a refund as described in the authorisation, subject to the return items having been returned to us in the same or better condition as when ownership was first transferred to you. If we do not issue an authorisation for the return, no refund of the purchase price, in full or in part, shall be made.
These terms and conditions apply and are subject to clause 9.1 above of the Terms and Conditions for Buyers
UNITED KINGDOM WAREHOUSING ASSOCIATION (UKWA) CONTRACT CONDITIONS FOR LOGISTICS
The Company is a member of UKWA, is not is common carrier, and provides all items and services on the following Conditions which an be varied only in writing by an Officer of the Company.
If a Customer`s acceptance document, purchase order or other documentation, received by the Company before or after notification of these Conditions, contains terms at variance with these Conditions, then every such term shall be of no effect.
IMPORTANT NOTE PLEASE READ CONDITION 3 CAREFULLY. It has been included to relieve the Customer of the additional amount that the Company would need to charge to recover insurance costs (or an amount in lieu to reflect risk) were its liability not limited as provided for in Condition 3.
1 THE COMPANY`S OBLIGATIONS
1.1 The Company will provide its services with reasonble skill and care. In the absence of prior written instruction to the Company giving sufficient detail, no particular precautions nor any special treatment need be taken or provided for the Goods.
1.2 In the case of bulk Goods, the Company may deal with and/or mix apparently similar goods consigned by or for the Customer without distinguishing between consignments.
1.3 In the case of carriage the Company`s responsibility for the Goods starts when loading on the vehicle is complete and ends when the Goods are rendered for unloading. In the case of storage and/or processing it starts when they are accepted into store and ends when they are tendered for collection, or the Company becomes aware of the grounds for their removal under Condition 2.2 or on the expiry of notice under Condition 7.1 or 7.2. Where the Company provides storage and carriage it shall also be responsible fur the Goods while they are transferred from its vehicle into its store and vice versa. In the case of forwarding, the Company`s responsibility is only to engage or propose apparently competent contractors and to give them adequate instructions in relation to the Goods; and in this case, or where the contract is for advice, it is not responsible for the Goods themselves.
1.4 The Company`s duty is to the Customer only and not to any third party. Any advice given is for the Customer only.
1.5 Unless it states otherwise in writing, where the Company provides forwarding services it operates as the Customer`s agent in engaging contractors to deal with the Goods.
2 CUSTOMER`S UNDERTAKINGS
2.1 It is a condition of the contract, and the Customer warrants and undertakes, that:
(a) it is either the owner of the Goods, or is authorised by the owner to accept these Conditions on the owners behalf;
(b) the Goods shall be presented to the Company (and/or anyone else dealing with them) securely and properly packed in compliance with any applicable statutory regulations, recognised standards and best practice and are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination or deterioration (or the possibility of them) to any person, premises, equipment or to any other items in any way;
(c) before the Company assumes any responsibility for or by reference to the Goods, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, weight or condition of the Goods and any statutory or other duties specific to the Goods with which the Company or others may need to comply; and will promptly after invoicing pay the Company`s reasonable extra charges for complying;
(d) it will promptly after invoicing reimburse all duties, taxes and expenses that the Company may be required to pay in respect o the Goods including where the liability to pay them arises due to the fault, other act or omission of the Company or its employees or sub-contractors;
(e) except to the extent previously notified in detail to, and accepted by, the Company in writing none of the Goods: are hazardous or contaminated; may cause pollution of the environment or harm to human health if they escape from their packaging; require any official consent or licence to handle, possess, deal with or carry; will at any time whilst in the care or control of the Company constitute Waste;
(f) where the Company is carrying the Goods, the Customer will provide a risk assessment and method statement appropriate for the Goods and any location in which they are being handled. Unless otherwise previously agreed the Customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The Customer will pay demurrage at the Company`s standard rate if the vehicle is delayed for more than 30 minutes beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused;
(g) it will comply with any reasonable regulations of the Company relating to handling, carriage, storage or forwarding of Goods (and ancillary matters) which are notified in writing from time to time; and
(h) information given by or on its behalf shall be materially correct and complete.
2.2 The Customer will indemnify the Company against any loss or damage it suffers as a result of carrying out the Customer`s instructions or which is related to any breach of the Customer`s obligations, and will pay all costs and expenses (including professional fees) incurred in, and the Company`s reasonable charges for, dealing with the breach and its consequences. The Customer will pay an extra charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach by the Customer. If the Company suspects a breach of Condition 2, it may refuse to accept the Goods, demand their immediate removal, or itself arrange their removal without notice, at the Customer`s expense.
3 INSURANCE AND THE COMPANY`S LIABILITY FOR LOSS
3.1 Except as provided in Condition 3.5, the Company does not insure the Goods and the Customer shall self-insure or make arrangements to cover the Goods against all insurable risks to their full insurable value (including all duties and taxes) with any right for the insurer to bring a subrogated claim against the company being excluded.
3.2 Subject to Condition 3.3, the company excludes all liability for Loss however arising.
Company, its employees (acting in furtherance of their duties as employees) or sub-contractors or agents (acting in furtherance of their duties as sub-contractors or agents) and subject to Conditions 3.4, 3.7 and 3.8, the Company will accept liability for Loss assessed on normal legal principles but not exceeding the Limit fixed by Condition 3.5. Any quantification of value includes duties and taxes.
3.4 In no case shall the Company be liable for any lost profit, income or savings, wasted expenditure, or indirect or consequential lossSterling, US Dollars or Euros) per tonne weight by notice in writing stating the limit and the nature and maximum value of the Goods, including duty and taxes. The Limit nominated by the Customer shall apply in respect of any cause of action arising after the Date. It is a condition of the contract that the Customer pays within 7 days of receipt the Company`s invoices for its costs in insuring against its potential liability up to the Limit, and/or to the extent that the Company elects to carry the risk itself, its extra charge equivalent to the estimated or likely cost of such insurance;
(b) if the Company having made reasonable efforts is unable to obtain insurance on reasonable terms to cover its liability up to the Limit nominated by the Customer, or if the Customer has not yet paid any invoice issued under Condition 3.5(a) the Company may give 7 days written notice, and the Limit for causes of action arising after expiry shall be £100 sterling per tonne; and
(c) unless and until a higher Limit has been fixed under Condition 3.5(a) and continues in effect, the Limit shall be £100 sterling per tonne.
3.6 Without prejudice to the Company`s rights under Condition to be paid free from deduction or set-off, any limitation of liability on the part of the Company shall be applied to any claim by the Customer before any set off or counterclaim is asserted against money due to the Company.
3.7 The Company shall not be liable for any claim unless:
(a) it has received written notice of it within 10 days of the event giving rise to the claim coming to the knowledge of the Customer or consignee; and
(b) it has received within 21 days of the event giving rise to the claim coming to the knowledge of the Customer or consignee sufficient detail in writing to enable investigation. In the case of failure to deliver, this shall run from the first working day after the expected date of delivery.
3.8 No legal proceedings (including any counterclaim) may be brought against the Company unless they are issued and served within 9 months of the event giving rise to the claim.
3.9 The Company shall not be liable for any Loss to the extant that it is caused or contributed to by a breach of any of the Customer`s obligations in Condition 2, or by any of the circumstances by virtue of which the Company is relieved of its obligations under Condition 8.
4 EMPLOYEES, SUB-CONTRACTORS AND OTHERS
4.1 The Company shall be entitled to sub-contract all or any part of its obligations and in this event those Conditions shall apply to such services. Where storage is subcontracted the Company will on request notify the Customer of the location of the Goods.
4.2 No Interested Party will make a claim or issue proceedings in respect of loss against any Additional Party.
4.3 Without prejudice to Condition 42, if an Additional Party pays or is liable to make a payment to an Interested Party in connection with a claim for Loss, the Interested Party will fully indemnify the Company against any claim (including all costs and expenses) by the Additional Party against the Company for reimbursement of, contribution to or indemnity against that payment to the extent (list it exceeds the Limit applicable at the time of the event giving rise to the claim.
5 CHANGE OF CUSTOMER
5.1 The Customer may give written authority for the Goods or any part to be transferred to the account of another party on condition that before the effective date of the transfer the other party notifies the Company in writing that it is so become the Customer and is to be bound by these Conditions and by any notice given under Condition 3 and will pay the Company`s charges for the period after the effective date. The Customer will pay the charges for the period until the later of the effective date or receipt and acceptance by the Company of the other party`s written notification. The Goods remain subject to any lien which applies at the time of transfer.
6 CHARGES, PAYMENTS AND LIEN
6.1 The Company`s charges are subject to VAT and may be increased by prior notice to the Customer. The notice shall be at least 7 days for increases reflecting any rise in fuel costs and at least 21 days otherwise. The Company has the right to charge for storage of the Goods for so long as it has custody of or is responsible for them.
6.2 The charges shall be paid free of any deduction or set-off at such periodic intervals as may have been agreed between the parties and in any event on the earlier of (a) the expiry of any agreed period of credit and (b) the time immediately before any of the Goods cease to be its the Company`s care or control. The Company shall be entitled to payment for carriage at the time the Goods are loaded onto the vehicle.