CABCARE HAND RAILS / BOXING RING TO SUIT DOOSAN DX140LCR-3 (1 OF)

COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS

Please read these purchaser terms and conditions (“Purchaser

Terms”) carefully as by attending and/or participating

in one of our auctions you automatically accept and

agree to these Purchaser Terms and that same are binding

upon you. If you do not agree to the Purchaser Terms please

do not attend or participate in any of our auctions. You are

strongly urged to read these conditions before selling your

vehicle.

Copies of these terms and conditions will be supplied on

request free of charge. Your attention is specifically drawn

to Condition 24. Buyers have certain rights which can be

exercised only within these time limits

References in these Purchaser Terms to (i) “person(s)”

means you and all other individuals, sole traders, companies

and other legal entities bidding for Lots via the auction,

(ii) “purchasers” means the persons who successfully bid

to purchase a Lot via the auction, (iii) to “we”, “us” and

“our” are references to Commercial Vehicle Auctions Limited

(CVA), and (iv) to “Lots” are to lots offered for sale in our

auctions.

Bidding for Lots

1. We reserve the right in our absolute discretion for our

auctioneers (i) to fix an advance or reserve price for

any Lot, (ii) to accept or refuse to accept a bid from

any person, and (iii) in the case of a dispute as to any

bid for a Lot, to determine the dispute (by declaring

which person is the accepted bidder or otherwise), or

put the Lot up again for auction at the last undisputed

bid, or withdraw the Lot from the auction.

2. In the event that the auctioneer exercises the

discretion to cancel the contract referred to at

Condition 9 herein neither the original buyer nor the

seller shall be entitled to rely on the original contract

of sale for any purpose whatsoever save that the

buyer shall be entitled to the return of any deposit or

other money which he may have paid thereunder.

3. No person may advance less as a bid than a sum

to be named from time to time by the auctioneers.

4. The vendor of a Lot may in its absolute discretion

(i) bid for any Lot either personally, or by instructing

us (or any other person) to do so, as many times as

they may think fit, and (ii) withdraw any Lot.

5. Subject to paragraph 1 above, the highest bidder for

each Lot shall be the purchaser of that Lot. No person

can retract a bid once made.

Sale of Lots

6. On the sale of a Lot, a contract is entered into

between the vendor and the purchaser of the Lot. We

only act as agent in respect of the sale process and

neither the vendor nor the purchaser of the Lot has any

legal right of action against us in respect of any cause

or matter arising out of the sale of the Lot and/or its

contract for sale.

7. Purchasers are not entitled to transfer ownership of Lots

to a sub-purchaser.

8. A contract of sale shall be made and a vehicle shall

be sold when and only when the hammer falls. The

purchaser shall be the maker of the highest bid accepted

by the auctioneer. The price shall be the amount of the

highest bid accepted by the auctioneer.

9. The purchaser of a Lot must give their name,

address and proof of identity (or other information

which may be required for the purposes of the Money

Laundering Regulations 2007) to us and the auctioneers

immediately upon the sale of the Lot. In the event

of any dispute we may be required to disclose this

information by law. If he fails to do so (whether or

not he tenders the price) the auctioneer shall have the

absolute discretion to cancel the contract of sale.

10. Each Lot shall become the purchaser’s risk and liability

from the fall of the hammer or other sale of the Lot

howsoever arising.

11. The ownership of a Lot shall only transfer to the

purchaser on the purchaser’s payment in full of cleared

funds for the full purchase price for the Lot plus our

applicable service charge.

12. From fall of the hammer, the Lots shall be stored

on our premises at all times at the purchaser’s own

risk and we shall not be responsible for any loss of or

damage to any Lots howsoever caused.

13. Bid and commissions given by telephone or online are

accepted at your risk and must be confirmed in writing

before the date of sale and the cheque must be

cleared in advance of bidding taking place.

14. We sell as agents for vendors (except where we are

stated wholly or partly to own any Lot as principal)

and as such are not responsible for any default by the

vendor.

15. Vehicles are sold with the benefit of any unexpired

vehicle excise licences attached thereto and current

MOT certificates relating thereto.

Private Treaty Sales

16. If a vehicle fails to reach its reserve price CVA shall

be entitled but not obliged to inform the seller of the

highest bid. If required CVA will provide facilities and

services which may be utilised by the seller to make

a contract for the sale of the vehicle to the highest

bidder or to any other person interested in the vehicle.

16.1 A private treaty sale shall mean:

16.1.1 any sale that arises from the provision

of the aforesaid information, facilities or

services;

16.1.2 any other sale of the vehicle which is

agreed at the auction premises but is

not a sale that is concluded by the fall

of the hammer in the auction hall.

16.2 When a private treaty sale occurs CVA shall be

entitled to commission and the buyer’s fee.

16.3 Whether or not the vehicle was put up for auction

“as seen” Condition 25 shall not apply to a

private treaty sale. The terms of a private treaty

sale shall not and shall not suggest to exclude

any statutory rights which the buyer may have

but save as aforesaid shall be on such terms as

are expressly or by implication agreed by or on

behalf of the parties to the private treaty sale.

16.4 CVA is not and shall not be deemed to be a

party to or liable upon a private treaty sale and

shall not incur any liability to any party thereto

by reason only of the fact that CVA has facilitated

and/or negotiated said sale and thereafter

released the vehicle to the purchaser.

16.5 In the event of a dispute between the parties to

a private treaty sale CVA shall be obliged to do

no more than provide each party with the name

and address of the other.

Payments

17. All purchasers are liable to pay a Buyer’s premium to us

in respect of their purchase of a Lot. The Buyer’s

premium shall be for the amount published on the day of

the auction and shall be payable by the purchaser before

the Lot is removed from our premises.

18. Upon the hammer falling on a sale (or the sale of

the Lot howsoever arising), the purchaser must

immediately pay to us as agent for the vendor, the full

purchase price of the Lot, or a deposit of the higher of

10% of the hammer value of the Lot and £2000. Deposits

are to be paid in cash, by bank transfer, or by chip and

pin and are not to be paid over the telephone.

19. Unless otherwise specified, all purchases are subject

to VAT which shall be payable at the prevailing rate

in addition to the value of the purchase. Lots

purchased for export shall also be charged VAT which

shall be repayable on production of unequivocal written

evidence that the Lot has been exported in accordance

with HMRC regulations. We reserve the right to

determine what constitutes the correct proof of export a

lot. This evidence must be received by us within 3

months from the date of the sale (or 13 weeks from date

of sale) and even if evidence is produced after the time

period it will be too late to claim the VAT as it will have

been paid back to the vendor.

20. The purchaser must pay the full purchase price plus VAT

(less any deposit) and our service charge to the

auctioneers’ cashier before ownership of the Lot passes

to the purchaser and before the Lot can be removed

from our premises by the purchaser. If the purchasers

purchases more than one Lot, it must pay in cleared

funds for all Lots purchased before any of them may be

removed from our premises.

21. Full payment must be made and the Lots removed from

our premises within 5 days of the auction date. All

payments by cheque must clear within these 5 days. A

purchaser paying by cheque is only entitled to take

possession of the Lots once the cheque payment has

cleared and ownership has transferred.

22. No purchase may be removed during the sale or until

such time as all other money due from the purchaser

shall have been paid. If the Lot is not removed within

5 days of the auction, we are entitled to charge a

storage fee of £25 plus VAT per day commencing on the

day after the auction date until the date the Lot is

removed from our premises. CVA reserve the right to

move any Lot not removed withing 5 working days to a

different premises at the purchasers cost.

Consequences of non-payment

23. If any Lot is not paid for in full and cleared funds and

removed by the purchaser from our premises within

5 days of the auction, or if the purchaser is otherwise

in breach of these Purchaser Terms, we (as agents

of the vendor) in our absolute discretion and without

prejudice to any other rights that we and/or our

vendors may have, shall be entitled to exercise one or

more of the following rights or remedies:-

(a) retain the deposit and deem it forfeited by the

defaulting purchaser;

(b) proceed against the defaulting purchaser for damages

for breach of contract;

(c) rescind the sale of the Lot;

(d) rescind the sale of any other Lot sold to the

defaulting purchaser at the same or any other

auction and which has also not been paid for in full

in cleared funds;

(e) close the defaulting purchaser’s account with us

and ban the defaulting purchaser from attending

any further auctions run by us or on our behalf;

(f) resell the Lot, or cause it to be resold, by public

auction or private sale. The defaulting purchaser

shall then be liable pay to us the costs incurred in

connection with the resale plus the value of any

shortfall between the amount of the purchase price

agreed by the defaulting purchaser for purchase

of the Lot and the price paid upon actual sale of

the Lot to a third party, to the extent that any

deposit paid by the purchaser is less than the

shortfall;

(g) remove, store (either at our premises or elsewhere)

and insure the Lot at the expense of the defaulting

purchaser;

(h) charge interest at the rate of 2% above the base

rate of HSBC plc on all sums due, such interest

shall accrue on a daily basis and be compounded

quarterly from the expiry of 5 days after the date

of the auction to the date of payment in full for the

Lot;

(i) retain possession of the Lot and all other Lots

from time to time sold to the purchaser pending

payment in full of the Lot;

(j) apply any proceeds of sale then due or at any

time afterwards becoming due to the defaulting

purchaser on its own sale of goods at our auctions

towards settlement of the purchase price of

the Lot and exercise a lien on any property of the

defaulting purchaser which is in our possession for

any purpose.

State and condition of Lots

24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS

OR IMPLIED WARRANTIES, AND SUBJECT TO ALL

FAULTS AND IMPERFECTIONS AND ALL ERRORS OF

DESCRIPTION.

25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE

NO RIGHT TO RETURN THE LOTS OR TO CLAIM

DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN

CONNECTION WITH THE LOTS.

26. Purchasers must satisfy themselves as to the quality

and condition of the Lots, including when making

purchases at a distance, whether by means of an

agent, or by telephone, internet of otherwise.

27. Illustrations and descriptions in catalogues or brochures

are for general identification only. Purchasers should

satisfy themselves prior to the auction as to the

condition of each Lot. Any statement by us and/or the

auctioneers as to the Lot is a statement of opinion only

and all person should rely on their own judgment as to

all matters affecting the Lot.

28. We are not responsible for any errors of description of

the Lot, or for the authenticity of any Lot, or for any

misstatement as to any matter affecting the Lot.

29. We have no authority to make or give, and do not

give, any representation or warranty in relation

to any Lot. All and any implied conditions and/or

warranties in respect of the Lots are hereby excluded

to the maximum extent permitted by law. This does

not affect your statutory rights as a consumer, nor

does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including,

without limitation, negligence), pre-contract or

other representations (other than fraudulent or

negligent misrepresentations) or otherwise out of or in

connection with the Conditions for:

• any economic losses (including without

limitation loss of revenues, profits, contracts,

business or anticipated savings); or

• any loss of goodwill or reputation; or

• any special or indirect losses, suffered or

incurred by that party arising out of or in

connection with the provisions of any matter

under the Conditions.

Additional terms and conditions in relation to vehicles

30. Any reference to the age of a vehicle in the particulars

relating to it is intended to be a reference to the year

of first registration of the vehicle in the United Kingdom.

31. CVA do not guarantee that the odometer reading on

any vehicle sold through the auction is correct and

consequently will not be liable for any loss arising

should it transpire after purchase that such a reading

has been altered in any way.

32. The purchaser of any vehicle is responsible

for complying with all legal requirements as to

the construction and use of that vehicle and

for obtaining all certificates, permits and other

authorisations necessary before that vehicle can be

used on any public highway.

33. From the fall of the hammer or other sale of the Lot

howsoever arising, the purchaser shall be liable for

any road traffic offences, fines or other breach of any

legislation relating to use of the vehicle.

34. Every vehicle is sold in the auction subject to

agreement from the purchaser that the vehicle will

not be used on public highways within the United

Kingdom unless and until it has been put into such

condition that it may lawfully be so used. Where a

vehicle is purchased which does not comply with

the Road Traffic Acts and/or the Motor Vehicle

(Construction and Use) Regulations (as the same may

be updated or amended from time to time) and/

or any other legislation applicable to the upkeep,

maintenance and/or use of vehicles, the purchaser

shall not remove it from our premises under its own

power. Where a vehicle is purchased which does

not comply with the Health and Safety at Work etc.

Act 1974, and/or any other legislation in the UK,

purchasers are required to ensure that the use of any

such vehicle at a place of work within the UK does not

contravene such relevant Act or Regulations.

Safety

35. In operating the auction it is necessary for there

to be several moving vehicles at any one time. All

persons attending our premises (whether before,

during or after the auction) attend at their own

risk. All persons must take all necessary precautions

at all times to ensure their own safety whilst on our

premises.

36. Subject to paragraph 34 above, we shall not be liable

for any death or personal injury suffered on our

premises.

37. Persons under the age of 18 (“minors”) are allowed

on the auction premises only under the close

supervision at all times of an accompanying adult.

The adult must take responsible care of the minors

at all times to ensure their safety and shall ensure

that such minors only access the main Auction

Centre and under no circumstances access the

Vehicle Compound or come within close proximity of

moving vehicles.

General

38. We reserve the right to update these Purchaser

Terms at any time and will place notices on our

premises and website confirming any such update.

39. 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.

40. Nothing in these Purchaser Terms limits or excludes

liability for death or personal injury resulting from

negligence, or limits or excludes liability arising from

fraud or fraudulent misrepresentation.

41. These Purchaser Terms shall be governed by and

construed in accordance with English law and you

and we hereby submit to the exclusive jurisdiction of

the English courts.

42. The provisions of the Contracts (Rights of Third

Parties) Act do not apply to these Purchaser Terms

and so only you and we are entitled to enforce these

Purchaser Terms.

Severance

43. If any part of the Conditions shall be deemed

unlawful, void or for any reason unenforceable, then

that provision shall be deemed to be severable from

the Conditions and shall not affect the validity and

enforceability of any of the remaining provisions of the

Conditions.

Waiver

44. No waiver by us shall be construed as a waiver of any

proceeding or succeeding breach of any provision.

Survival

45. Each provision of the Conditions shall be construed

as separately applying and surviving even if for

any reason one or other of those provisions is

held to be inapplicable or unenforceable in any

circumstances.

Entire agreement

46. These Conditions govern our relationship with you. Any

changes to these Conditions must be in writing and

signed by both parties. By doing this we clarify each

other’s rights and obligations and should a dispute arise

we can revert to same to ascertain what each party is

expected to do. In agreeing to accept the Conditions,

you are also confirming that you have not relied

on any representation made to you unless same has

expressly been made a term of these Conditions and you

agree that you shall have no remedy in respect of any

representation.

CVA UNDERTAKINGS

46.1 CVA undertakes and represents that:-

46.1.1 each lot that appears for sale at

the auction has been provided to

and accepted by CVA into same

in good faith;

46.1.2 the seller has the absolute right

to sell the legal and beneficial

interest in the vehicle and that

same will be unencumbered;

46.1.3 the vehicle’s mileage indicated

by the odometer is accurate if

but only if and to the extent if

any that the auctioneer both

announces a vehicle’s mileage

and states that it is accurate.

Nothwithstanding the fact that

the auctioneer has made such

an announcement as to the accuracy

of the mileage indicated

on the odometer CVA gives

no undertaking and makes no

representation as to the vehicle’s

mileage and furthermore, the

vehicle is sold on the basis

that any indication of the

vehicle’s mileage given by the

vehicle’s odometer by anything

attached to the vehicle or by the

auctioneer has not been independently

verified and as such it

is or may be inaccurate;

46.1.4 unless the entry form discloses

that a vehicle is or has been

treated by an insurance company

as a total loss and the

auctioneer makes an announcement

to this effect, the vehicle

is not and has not been treated

as a total loss by an insurance

company;

46.1.5 unless the vehicle is sold and purchased

“as seen” the auctioneer

will announce details of any major

mechanical defect disclosed in

the entry form;

46.1.6 unless the vehicle is sold and

purchased “as seen” if any of

the following are disclosed on

the entry form: that a vehicle

has sustained serious accident

damage, has been owned and/

or used by the police or as a

licensed hackney carriage, has

been re-registered or imported

or is not in such a condition as

to be used lawfully upon the

road, then the auctioneer will

announce the matter or matters

disclosed.

46.2 In the event of any breach of the

above undertakings and representations

then CVA will be liable to the buyer

in damages however, CVA’s liability for

such breach of the above undertakings

and representations shall not exceed the

price paid for the vehicle by the buyer.

Should there be acclaim for mileage

same shall be subject to any such claim

being notified to CVA within 7 days of

the contract of sale. Notwithstanding

anything above CVA gives or makes

no undertaking, representation or warranty

with regard to any vehicle and

no such undertaking, representation

or warranty on the part of CVA, the

auctioneer or the branch manager is

given or made or is to be implied as to

the age, mileage, description, suitability,

fitness for purpose, satisfactory quality or

roadworthiness of any vehicle by virtue of

anything contained in these Conditions

or by reason of any one or more of

the following:

46.2.1 the fact that CVA has accepted

the vehicle into the auction;

46.2.2 the invitation by the auctioneer

for bids for the vehicle;

46.2.3 the publication by CVA of anything

which CVA is authorised

to publish by virtue of Condition

5 of the Vendor terms and

conditions;

46.2.4 the announcement by the

auctioneer during the auction,

whether before or after the invitation

to bid, of anything which

the auctioneer is authorised to

announce by virtue of Condition

5 of the Vendor terms and conditions;

46.2.5 the fact that an engineer’s report

or any other document has been

affixed to the vehicle or that any

particular statement has been

made in any such report or other

document;

46.2.6 the fact that pursuant to Condition

5 of vendors terms and

conditions CVA inserted in the

entry form particulars of the

mechanical condition of the

vehicle or that any particular

statement was inserted.

COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS

Please read these purchaser terms and conditions (“Purchaser

Terms”) carefully as by attending and/or participating

in one of our auctions you automatically accept and

agree to these Purchaser Terms and that same are binding

upon you. If you do not agree to the Purchaser Terms please

do not attend or participate in any of our auctions. You are

strongly urged to read these conditions before selling your

vehicle.

Copies of these terms and conditions will be supplied on

request free of charge. Your attention is specifically drawn

to Condition 24. Buyers have certain rights which can be

exercised only within these time limits

References in these Purchaser Terms to (i) “person(s)”

means you and all other individuals, sole traders, companies

and other legal entities bidding for Lots via the auction,

(ii) “purchasers” means the persons who successfully bid

to purchase a Lot via the auction, (iii) to “we”, “us” and

“our” are references to Commercial Vehicle Auctions Limited

(CVA), and (iv) to “Lots” are to lots offered for sale in our

auctions.

Bidding for Lots

1. We reserve the right in our absolute discretion for our

auctioneers (i) to fix an advance or reserve price for

any Lot, (ii) to accept or refuse to accept a bid from

any person, and (iii) in the case of a dispute as to any

bid for a Lot, to determine the dispute (by declaring

which person is the accepted bidder or otherwise), or

put the Lot up again for auction at the last undisputed

bid, or withdraw the Lot from the auction.

2. In the event that the auctioneer exercises the

discretion to cancel the contract referred to at

Condition 9 herein neither the original buyer nor the

seller shall be entitled to rely on the original contract

of sale for any purpose whatsoever save that the

buyer shall be entitled to the return of any deposit or

other money which he may have paid thereunder.

3. No person may advance less as a bid than a sum

to be named from time to time by the auctioneers.

4. The vendor of a Lot may in its absolute discretion

(i) bid for any Lot either personally, or by instructing

us (or any other person) to do so, as many times as

they may think fit, and (ii) withdraw any Lot.

5. Subject to paragraph 1 above, the highest bidder for

each Lot shall be the purchaser of that Lot. No person

can retract a bid once made.

Sale of Lots

6. On the sale of a Lot, a contract is entered into

between the vendor and the purchaser of the Lot. We

only act as agent in respect of the sale process and

neither the vendor nor the purchaser of the Lot has any

legal right of action against us in respect of any cause

or matter arising out of the sale of the Lot and/or its

contract for sale.

7. Purchasers are not entitled to transfer ownership of Lots

to a sub-purchaser.

8. A contract of sale shall be made and a vehicle shall

be sold when and only when the hammer falls. The

purchaser shall be the maker of the highest bid accepted

by the auctioneer. The price shall be the amount of the

highest bid accepted by the auctioneer.

9. The purchaser of a Lot must give their name,

address and proof of identity (or other information

which may be required for the purposes of the Money

Laundering Regulations 2007) to us and the auctioneers

immediately upon the sale of the Lot. In the event

of any dispute we may be required to disclose this

information by law. If he fails to do so (whether or

not he tenders the price) the auctioneer shall have the

absolute discretion to cancel the contract of sale.

10. Each Lot shall become the purchaser’s risk and liability

from the fall of the hammer or other sale of the Lot

howsoever arising.

11. The ownership of a Lot shall only transfer to the

purchaser on the purchaser’s payment in full of cleared

funds for the full purchase price for the Lot plus our

applicable service charge.

12. From fall of the hammer, the Lots shall be stored

on our premises at all times at the purchaser’s own

risk and we shall not be responsible for any loss of or

damage to any Lots howsoever caused.

13. Bid and commissions given by telephone or online are

accepted at your risk and must be confirmed in writing

before the date of sale and the cheque must be

cleared in advance of bidding taking place.

14. We sell as agents for vendors (except where we are

stated wholly or partly to own any Lot as principal)

and as such are not responsible for any default by the

vendor.

15. Vehicles are sold with the benefit of any unexpired

vehicle excise licences attached thereto and current

MOT certificates relating thereto.

Private Treaty Sales

16. If a vehicle fails to reach its reserve price CVA shall

be entitled but not obliged to inform the seller of the

highest bid. If required CVA will provide facilities and

services which may be utilised by the seller to make

a contract for the sale of the vehicle to the highest

bidder or to any other person interested in the vehicle.

16.1 A private treaty sale shall mean:

16.1.1 any sale that arises from the provision

of the aforesaid information, facilities or

services;

16.1.2 any other sale of the vehicle which is

agreed at the auction premises but is

not a sale that is concluded by the fall

of the hammer in the auction hall.

16.2 When a private treaty sale occurs CVA shall be

entitled to commission and the buyer’s fee.

16.3 Whether or not the vehicle was put up for auction

“as seen” Condition 25 shall not apply to a

private treaty sale. The terms of a private treaty

sale shall not and shall not suggest to exclude

any statutory rights which the buyer may have

but save as aforesaid shall be on such terms as

are expressly or by implication agreed by or on

behalf of the parties to the private treaty sale.

16.4 CVA is not and shall not be deemed to be a

party to or liable upon a private treaty sale and

shall not incur any liability to any party thereto

by reason only of the fact that CVA has facilitated

and/or negotiated said sale and thereafter

released the vehicle to the purchaser.

16.5 In the event of a dispute between the parties to

a private treaty sale CVA shall be obliged to do

no more than provide each party with the name

and address of the other.

Payments

17. All purchasers are liable to pay a Buyer’s premium to us

in respect of their purchase of a Lot. The Buyer’s

premium shall be for the amount published on the day of

the auction and shall be payable by the purchaser before

the Lot is removed from our premises.

18. Upon the hammer falling on a sale (or the sale of

the Lot howsoever arising), the purchaser must

immediately pay to us as agent for the vendor, the full

purchase price of the Lot, or a deposit of the higher of

10% of the hammer value of the Lot and £2000. Deposits

are to be paid in cash, by bank transfer, or by chip and

pin and are not to be paid over the telephone.

19. Unless otherwise specified, all purchases are subject

to VAT which shall be payable at the prevailing rate

in addition to the value of the purchase. Lots

purchased for export shall also be charged VAT which

shall be repayable on production of unequivocal written

evidence that the Lot has been exported in accordance

with HMRC regulations. We reserve the right to

determine what constitutes the correct proof of export a

lot. This evidence must be received by us within 3

months from the date of the sale (or 13 weeks from date

of sale) and even if evidence is produced after the time

period it will be too late to claim the VAT as it will have

been paid back to the vendor.

20. The purchaser must pay the full purchase price plus VAT

(less any deposit) and our service charge to the

auctioneers’ cashier before ownership of the Lot passes

to the purchaser and before the Lot can be removed

from our premises by the purchaser. If the purchasers

purchases more than one Lot, it must pay in cleared

funds for all Lots purchased before any of them may be

removed from our premises.

21. Full payment must be made and the Lots removed from

our premises within 5 days of the auction date. All

payments by cheque must clear within these 5 days. A

purchaser paying by cheque is only entitled to take

possession of the Lots once the cheque payment has

cleared and ownership has transferred.

22. No purchase may be removed during the sale or until

such time as all other money due from the purchaser

shall have been paid. If the Lot is not removed within

5 days of the auction, we are entitled to charge a

storage fee of £25 plus VAT per day commencing on the

day after the auction date until the date the Lot is

removed from our premises. CVA reserve the right to

move any Lot not removed withing 5 working days to a

different premises at the purchasers cost.

Consequences of non-payment

23. If any Lot is not paid for in full and cleared funds and

removed by the purchaser from our premises within

5 days of the auction, or if the purchaser is otherwise

in breach of these Purchaser Terms, we (as agents

of the vendor) in our absolute discretion and without

prejudice to any other rights that we and/or our

vendors may have, shall be entitled to exercise one or

more of the following rights or remedies:-

(a) retain the deposit and deem it forfeited by the

defaulting purchaser;

(b) proceed against the defaulting purchaser for damages

for breach of contract;

(c) rescind the sale of the Lot;

(d) rescind the sale of any other Lot sold to the

defaulting purchaser at the same or any other

auction and which has also not been paid for in full

in cleared funds;

(e) close the defaulting purchaser’s account with us

and ban the defaulting purchaser from attending

any further auctions run by us or on our behalf;

(f) resell the Lot, or cause it to be resold, by public

auction or private sale. The defaulting purchaser

shall then be liable pay to us the costs incurred in

connection with the resale plus the value of any

shortfall between the amount of the purchase price

agreed by the defaulting purchaser for purchase

of the Lot and the price paid upon actual sale of

the Lot to a third party, to the extent that any

deposit paid by the purchaser is less than the

shortfall;

(g) remove, store (either at our premises or elsewhere)

and insure the Lot at the expense of the defaulting

purchaser;

(h) charge interest at the rate of 2% above the base

rate of HSBC plc on all sums due, such interest

shall accrue on a daily basis and be compounded

quarterly from the expiry of 5 days after the date

of the auction to the date of payment in full for the

Lot;

(i) retain possession of the Lot and all other Lots

from time to time sold to the purchaser pending

payment in full of the Lot;

(j) apply any proceeds of sale then due or at any

time afterwards becoming due to the defaulting

purchaser on its own sale of goods at our auctions

towards settlement of the purchase price of

the Lot and exercise a lien on any property of the

defaulting purchaser which is in our possession for

any purpose.

State and condition of Lots

24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS

OR IMPLIED WARRANTIES, AND SUBJECT TO ALL

FAULTS AND IMPERFECTIONS AND ALL ERRORS OF

DESCRIPTION.

25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE

NO RIGHT TO RETURN THE LOTS OR TO CLAIM

DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN

CONNECTION WITH THE LOTS.

26. Purchasers must satisfy themselves as to the quality

and condition of the Lots, including when making

purchases at a distance, whether by means of an

agent, or by telephone, internet of otherwise.

27. Illustrations and descriptions in catalogues or brochures

are for general identification only. Purchasers should

satisfy themselves prior to the auction as to the

condition of each Lot. Any statement by us and/or the

auctioneers as to the Lot is a statement of opinion only

and all person should rely on their own judgment as to

all matters affecting the Lot.

28. We are not responsible for any errors of description of

the Lot, or for the authenticity of any Lot, or for any

misstatement as to any matter affecting the Lot.

29. We have no authority to make or give, and do not

give, any representation or warranty in relation

to any Lot. All and any implied conditions and/or

warranties in respect of the Lots are hereby excluded

to the maximum extent permitted by law. This does

not affect your statutory rights as a consumer, nor

does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including,

without limitation, negligence), pre-contract or

other representations (other than fraudulent or

negligent misrepresentations) or otherwise out of or in

connection with the Conditions for:

• any economic losses (including without

limitation loss of revenues, profits, contracts,

business or anticipated savings); or

• any loss of goodwill or reputation; or

• any special or indirect losses, suffered or

incurred by that party arising out of or in

connection with the provisions of any matter

under the Conditions.

Additional terms and conditions in relation to vehicles

30. Any reference to the age of a vehicle in the particulars

relating to it is intended to be a reference to the year

of first registration of the vehicle in the United Kingdom.

31. CVA do not guarantee that the odometer reading on

any vehicle sold through the auction is correct and

consequently will not be liable for any loss arising

should it transpire after purchase that such a reading

has been altered in any way.

32. The purchaser of any vehicle is responsible

for complying with all legal requirements as to

the construction and use of that vehicle and

for obtaining all certificates, permits and other

authorisations necessary before that vehicle can be

used on any public highway.

33. From the fall of the hammer or other sale of the Lot

howsoever arising, the purchaser shall be liable for

any road traffic offences, fines or other breach of any

legislation relating to use of the vehicle.

34. Every vehicle is sold in the auction subject to

agreement from the purchaser that the vehicle will

not be used on public highways within the United

Kingdom unless and until it has been put into such

condition that it may lawfully be so used. Where a

vehicle is purchased which does not comply with

the Road Traffic Acts and/or the Motor Vehicle

(Construction and Use) Regulations (as the same may

be updated or amended from time to time) and/

or any other legislation applicable to the upkeep,

maintenance and/or use of vehicles, the purchaser

shall not remove it from our premises under its own

power. Where a vehicle is purchased which does

not comply with the Health and Safety at Work etc.

Act 1974, and/or any other legislation in the UK,

purchasers are required to ensure that the use of any

such vehicle at a place of work within the UK does not

contravene such relevant Act or Regulations.

Safety

35. In operating the auction it is necessary for there

to be several moving vehicles at any one time. All

persons attending our premises (whether before,

during or after the auction) attend at their own

risk. All persons must take all necessary precautions

at all times to ensure their own safety whilst on our

premises.

36. Subject to paragraph 34 above, we shall not be liable

for any death or personal injury suffered on our

premises.

37. Persons under the age of 18 (“minors”) are allowed

on the auction premises only under the close

supervision at all times of an accompanying adult.

The adult must take responsible care of the minors

at all times to ensure their safety and shall ensure

that such minors only access the main Auction

Centre and under no circumstances access the

Vehicle Compound or come within close proximity of

moving vehicles.

General

38. We reserve the right to update these Purchaser

Terms at any time and will place notices on our

premises and website confirming any such update.

39. 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.

40. Nothing in these Purchaser Terms limits or excludes

liability for death or personal injury resulting from

negligence, or limits or excludes liability arising from

fraud or fraudulent misrepresentation.

41. These Purchaser Terms shall be governed by and

construed in accordance with English law and you

and we hereby submit to the exclusive jurisdiction of

the English courts.

42. The provisions of the Contracts (Rights of Third

Parties) Act do not apply to these Purchaser Terms

and so only you and we are entitled to enforce these

Purchaser Terms.

Severance

43. If any part of the Conditions shall be deemed

unlawful, void or for any reason unenforceable, then

that provision shall be deemed to be severable from

the Conditions and shall not affect the validity and

enforceability of any of the remaining provisions of the

Conditions.

Waiver

44. No waiver by us shall be construed as a waiver of any

proceeding or succeeding breach of any provision.

Survival

45. Each provision of the Conditions shall be construed

as separately applying and surviving even if for

any reason one or other of those provisions is

held to be inapplicable or unenforceable in any

circumstances.

Entire agreement

46. These Conditions govern our relationship with you. Any

changes to these Conditions must be in writing and

signed by both parties. By doing this we clarify each

other’s rights and obligations and should a dispute arise

we can revert to same to ascertain what each party is

expected to do. In agreeing to accept the Conditions,

you are also confirming that you have not relied

on any representation made to you unless same has

expressly been made a term of these Conditions and you

agree that you shall have no remedy in respect of any

representation.

CVA UNDERTAKINGS

46.1 CVA undertakes and represents that:-

46.1.1 each lot that appears for sale at

the auction has been provided to

and accepted by CVA into same

in good faith;

46.1.2 the seller has the absolute right

to sell the legal and beneficial

interest in the vehicle and that

same will be unencumbered;

46.1.3 the vehicle’s mileage indicated

by the odometer is accurate if

but only if and to the extent if

any that the auctioneer both

announces a vehicle’s mileage

and states that it is accurate.

Nothwithstanding the fact that

the auctioneer has made such

an announcement as to the accuracy

of the mileage indicated

on the odometer CVA gives

no undertaking and makes no

representation as to the vehicle’s

mileage and furthermore, the

vehicle is sold on the basis

that any indication of the

vehicle’s mileage given by the

vehicle’s odometer by anything

attached to the vehicle or by the

auctioneer has not been independently

verified and as such it

is or may be inaccurate;

46.1.4 unless the entry form discloses

that a vehicle is or has been

treated by an insurance company

as a total loss and the

auctioneer makes an announcement

to this effect, the vehicle

is not and has not been treated

as a total loss by an insurance

company;

46.1.5 unless the vehicle is sold and purchased

“as seen” the auctioneer

will announce details of any major

mechanical defect disclosed in

the entry form;

46.1.6 unless the vehicle is sold and

purchased “as seen” if any of

the following are disclosed on

the entry form: that a vehicle

has sustained serious accident

damage, has been owned and/

or used by the police or as a

licensed hackney carriage, has

been re-registered or imported

or is not in such a condition as

to be used lawfully upon the

road, then the auctioneer will

announce the matter or matters

disclosed.

46.2 In the event of any breach of the

above undertakings and representations

then CVA will be liable to the buyer

in damages however, CVA’s liability for

such breach of the above undertakings

and representations shall not exceed the

price paid for the vehicle by the buyer.

Should there be acclaim for mileage

same shall be subject to any such claim

being notified to CVA within 7 days of

the contract of sale. Notwithstanding

anything above CVA gives or makes

no undertaking, representation or warranty

with regard to any vehicle and

no such undertaking, representation

or warranty on the part of CVA, the

auctioneer or the branch manager is

given or made or is to be implied as to

the age, mileage, description, suitability,

fitness for purpose, satisfactory quality or

roadworthiness of any vehicle by virtue of

anything contained in these Conditions

or by reason of any one or more of

the following:

46.2.1 the fact that CVA has accepted

the vehicle into the auction;

46.2.2 the invitation by the auctioneer

for bids for the vehicle;

46.2.3 the publication by CVA of anything

which CVA is authorised

to publish by virtue of Condition

5 of the Vendor terms and

conditions;

46.2.4 the announcement by the

auctioneer during the auction,

whether before or after the invitation

to bid, of anything which

the auctioneer is authorised to

announce by virtue of Condition

5 of the Vendor terms and conditions;

46.2.5 the fact that an engineer’s report

or any other document has been

affixed to the vehicle or that any

particular statement has been

made in any such report or other

document;

46.2.6 the fact that pursuant to Condition

5 of vendors terms and

conditions CVA inserted in the

entry form particulars of the

mechanical condition of the

vehicle or that any particular

statement was inserted.