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Auctioneer: Terms and Conditions

Conditions relating to and binding on all Vendors, Bidders and Buyers

1. These General Conditions of Sale are issued by Ernest Haynes Auctioneers ("EH").

2. The following Conditions of Sale must be strictly adhered to along with the Important Sale Information which is displayed on ibidder to bidders for every auction, in the auction office and online at ernesthaynes.com. The terms shall regulate the sale of each lot to any vendor, bidder and buyer who has been approved by EH and shall be considered to have accepted these terms and accepts to be bound by them.

3. The following conditions are binding on all Vendors, Bidders and Buyers:

• The words "Lot" and "Goods" refer to items sold at auction, during sales conducted by EH.
• “The Buyer” means the maker of the highest bid accepted by EH.
• “Hammer Price” means the highest bid accepted by EH excluding any VAT, BUYERS PREMIUM and any relevant charges.
• “Buyer’s Premium” refers to the premium of 20% which is added to the Hammer Price of all lots.(the buyers premium is subject to VAT at 20%)
• “Important Sale Information” refers to the notes associated with each auction including viewing times, payment details, collection times, the amount of the Buyer’s Premium, VAT chargeable, and any other relevant terms relating to that particular auction and/or sale.
• “Deposit” refers to the deposit paid by the potential buyer upon Registration of an amount (assigned at each auction/sale) notified by EH in the Important Sale Information.
• “Premises” refers to the premises in which the auction is taking place.
• “Registration” refers to all or any one of the following as appropriate:
  (i) the payment of the Deposit electronically, or as otherwise notified by EH in the relevant Important Sale Information; and
  (ii) the presentation of 2 forms of identification acceptable to the Auctioneers; and
  (iii) the completion and submission of the Buyer Registration Form.
• “Buyer Registration Form” is the form to be completed by a potential buyer prior to participating in an auction.
• “Vendor” includes any prospective vendor except where the context otherwise requires.
• “VAT” means Value Added Tax at the current rate (20%) which will be charged on lots.

4. All persons attend auctions at their own risk; under no circumstances will EH nor the vendor be individually or collectively held responsible for any loss or damage caused to individuals or property present on any auction site or premises for any purpose whatsoever.

5. All Buyers shall register at reception to obtain a buyer's bidding card from EHs' sale office prior to bidding. Every potential Buyer must register their name and address in order to collect their bidding card. No sale will be made to Buyers who do not comply with these provisions.

6. The Auctioneers require a security deposit of £100 in cash or deposited through bank transfer from bidders that are temporarily registered for all trade & retail auctions including online auctions. This deposit is held and is to remain separate from the total invoice and will either be reimbursed in full once the auction has closed and full payment has been received or off-set against charges and storage fees should the buyer not pay in full or collect.

6.1 EH, upon a buyers registration to any online auction may charge a non-refundable £5 admin fee (this will be specifically stipulated in the Important Sale Information) per customer to use the online bidding platforms, once full payment has been taken, EH will approve any bidders wishing to bid online. EH reserve the right to refuse approval to any registrant.

7. EH reserves the right to withdraw funds equalling the deposit fee from the Buyer’s account using the card details provided by the registrant.

8. The Important Sale Information will be made available to potential buyers via ibidder.com, in the relevant catalogue, on request.

Conditions Regulating the Conduct of the Sale (Bidding)

9. All lots are ‘sold as seen’ with all faults and errors in description and quantity and may contain cosmetic imperfections, visible damage or may be beyond economical repair.

9.1 EH will always strive to accurately describe any lot/lots that is to be sold however neither EH nor Vendor are to be held accountable for any faults and errors or mis-statement of description, measurement, weight, quantity, quality, numbers, brand, material or otherwise (whether of a substantial nature or not). It is strongly advised that the buyer must physically inspect the lot/lots and satisfy themselves regarding the condition of each lot they intend to purchase in advance of any bidding taking place. Buyers should note that certain goods sold at auction are suitable only for spare parts or as scrap. Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use them and should take advice from an engineer, electrician or other qualified technical expert as to the fitness of goods for any particular purpose. EH cannot accept liability for any damage sustained due to disregard of this warning, except for liability for personal injury or death caused by the negligence of EH.

9.1. The purchaser shall be deemed to have inspected the lot he/she buys and if he/she buys without previous inspection he/she shall do so at his/her own risk. No oral or written representation made prior to or at the time of sale of any lot shall be deemed to be incorporated in such sale nor to have induced any purchaser to bid. The lots are not sold by sample but in any case if a sample shall be displayed it shall be on the understanding that the contract of sale shall contain no implied condition or warranty as to the quality it shall be on the understanding that the contract of sale shall contain no implied warranty as to the quality or fitness or otherwise or that the lots are free from any defects rendering them merchantable or are reasonably fit for the purpose for which they were purchased.

9.2. EH where possible will show electrical products powered on however this does not guarantee the functionality or condition of any displayed lot.

9.3. Electrical faults may not always be apparent at the time of processing a lot therefore under no circumstances are EH to be held responsible for any faults, mis-description of condition or errors discovered after the fall of the hammer.

10. Lots in any auction that have been physically de-branded/de-badged must remain de-branded.

10.1. In all cases no original trademarks, web images, vendor/clients logos or other intellectual property may be copied or used by the winning bidder under any circumstances.

10.2. Any customers in breach of Clause 10 & 10.1 risk permanent exclusion from auctions and salerooms.

11. A Buyers Premium of 20% is levied on the hammer price on all lots unless stated otherwise. Buyers Premium is subject to the addition of VAT at the current rate on the total unless stated otherwise.

11.1. An additional Premium of 5% + VAT at the current rate will be added to the hammer price if bidding using the online auction platform on live sales only.

12. The highest accepted bidder, subject to Vendor's Reserve (if any) shall be the Buyer.

13. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by EH that he acts as agent on behalf of a named principal.

14. EH shall have the right, at its discretion, to refuse admission to the Premises or attendance at the auctions of any person.

14.1. EH reserve the right to refuse to accept bids from any person, without stating a reason.

15. EH reserve the right on behalf of themselves and of the Vendor the following rights:

15.1 To set a reserve price.
15.2 To bid on behalf of a Vendor, up to the Vendor's reserve price.
15.3 To re-arrange, consolidate or withdraw any lots, or vary the order of the sale.

16. EH shall not in any circumstances be obliged to announce any reserve price.

17. No person may advance on any bid less than the sum named by EH.

18. Neither a Vendor nor an agent may bid for a lot owned by him. EH alone may do this but only up to the value of the reserve.

19. No bidding may be retracted unless authorised by EH.

20. Under no circumstances may the transferring of any lot/Lots from individuals or agents to any other parties be allowed.

21. Any lots not taken away/collected in the specified time (as stipulated in the special sale conditions) shall be re-sold by EH without hesitation.

22. In the event of the goods resold under Clause 21 not having been paid for in full by the original Buyer, then the original Buyer will remain liable to pay any shortfall.

Payment & Collection

23. All required payments must be settled in full in sterling (GBP), by way of bank transfer or by credit/debit cards. A surcharge of 2.5% plus VAT will be made on credit card transactions. The Buyer must pay the whole of the purchase price including any VAT, Buyers Premium or any additional Premiums, or the remainder of the purchase price, on or before receipt of the goods purchased. If the Buyer fails to make payment by close of business (3pm on the 2nd working day from the end of the timed auction for timed sales) on the next working day for live auctions, or such other time as is specified in the Important Sale Information, EH shall have an absolute discretion to cancel the contract of sale, to retain the Deposit, and the terms of clause 24.1 below will apply.

24.1 If the Buyer does not honour his obligations for payment under clause 23 above in any way, EH as agents of the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies:

24.1.1 to rescind the contract for sale of the lot/lots sold to the defaulting Buyer at the auction; and

24.1.2 to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract; or

24.1.3 to enter the lot/lots in question to be re-sold at public auction or private sale, the defaulting Buyer will then pay EH any resulting deficiency in the purchase price at the first auction after deduction of any part payment and addition of resale costs;

24.1.4 to remove, store (either at the Premises or elsewhere) and insure the lot/lots at the expense of the defaulting Buyer;

24.1.5 to retain that or any other lot/lots sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price;

24.1.6 to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction;

24.2.1 charge a one-off administration fee of £50 (plus VAT if applicable);

24.2.2 move the lot/lots (at the risk of the Buyer provided that EH will use reasonable care and skill in such a move) to other Premises from that where the Buyer purchased the lot/lots; and

24.2.3 for every calendar day following the day on which the lot/lots should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £10 plus VAT per lot stored without exception, and such charge will continue to accrue notwithstanding the transfer of any lot to an alternative premises by EH (and for the avoidance of doubt, EH will deduct such charge from the Deposit).

25. Under no circumstances will Credit will be given to Buyers.

26.1 The risk in each lot shall pass to the Buyer following notification of his successful bid but the ownership of each lot shall remain vested in the vendor and the purchaser shall not be entitled to remove any lot until payment in full has been made for each and every lot purchased by him at the sale.

26.2 Goods must be collected directly from the premises between 10.00am and 4pm no later than two working days after the auction date unless otherwise stated in the Important Sales Information.

27. The Buyer is responsible for any necessary labour and equipment in order to remove their lot/lots and shall comply with any directions which may be given by staff.

28. In the event of any lots not being paid for or not being removed within the timeframe specified EH shall immediately be entitled to rescind the contract without prior notice to the purchaser to resell the lot/lots by public or private sale. In the event of any such resale, any loss or damage (including storage charges) suffered by the vendor or Auctioneer shall be forthwith recoverable from the purchaser.

29. The Buyer shall be responsible for any damage occasioned to any adjoining or other lots or to the premises by the removal of their lots and shall repair the same either before removal of the lots from the site or after such removal as the vendor may desire or shall pay the estimated cost of doing so to be fixed by the vendor or EH on his behalf, whose decision shall be binding on the Buyer.

30. The Buyer shall forthwith be responsible for any loss or damage to any person resulting from the removal of his lot/lots and shall indemnify the vendor and the Auctioneers against any liability therefore whether or not such damage was caused by the negligence of the Buyer, his employees or agents.

Delivery

31. EH do not deliver goods; the Buyer must receive confirmation from EH prior to arranging a courier to collect on the Buyer’s behalf as per the instructions stated in the Important Sale Information. Under no circumstances will EH palletise goods for collection on behalf of the Buyer.

Default

32. If the Buyer fails to comply with any of the above Conditions and, in particular, if the Buyer fails to pay for any lot which he has purchased and he is not entitled to return the lot under any of these Conditions, EH may treat the contract of sale to the Buyer as rescinded. EH may re-sell the lot, by public or private sale, without reserve and without notice to the Buyer.

33. If upon resale a lower price is obtained for any lot than was obtained on the first sale, the difference in price, together with all costs and charges incurred on the re-sale, shall be a debt due from the Buyer to EH.

Insurance & Risk

34. Goods are at the Vendor’s risk until sold and it is for the Vendor to make appropriate insurance arrangements until title is handed to the buyer on the fall of the hammer.

35. All goods purchased are the Buyer's responsibility from the moment they are sold to him, on the fall of the Auctioneers' hammer. The Buyer should make his own insurance arrangements with effect from that time.

36. Notwithstanding Clauses 43 and 44 above, EH will take reasonable care of the goods whilst in their care and in the event of their staff assisting to remove the goods after the sale.

Liability for Accidents

37. Neither the vendor nor EH shall be under any liability pursuant to section 6 of the Health and Safety Act 1974. The purchaser must undertake such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

38. The Buyer shall be responsible for any injury to and/or death of any person resulting from the removal of his/her lot/lots and shall fully indemnify and keep indemnified, EH against any such liability whether or not such injury and/or death was caused by the negligence of the Buyer, his employees or agents.

39. Neither the Vendor nor EH shall be under any liability pursuant to section 6 of the Health and Safety Act 1974 and the Buyer’s attention is drawn to the undertaking given on each Buyers Registration Form at the sale by which the Buyer undertakes to take such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

40. For the avoidance of doubt, nothing in these Terms limits EHs’ liability, nor, where applicable, the liability of the Buyer or Vendor for:

(a) death or personal injury caused by negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(e) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

Title to the Sale of Lot/Lots

41. Where EH conducts a sale on behalf of a vendor who is either a Receiver or Liquidator of a Limited Company or Trustee in Bankruptcy:

a) The vendor shall only act as agent on behalf of the Company or Bankrupt and shall be under no personal liability whatsoever in respect of the contract for the sale of any lot/lots.

b) The vendor and EH on their behalf only sell whatsoever right, title or interest the Company or bankrupt may have in any lot.

c) In the event of a third party proving to have a superior title or right to custody or possession of any lot the vendor may rescind the contract of sale and upon return of any deposit and/or purchase price to the purchasers neither the vendor not EH shall be under any further liability to the purchaser.

Disputes

42. In the event of any conflict arising between these General Conditions of Sale and any other conditions stated in any literature published by EH, these General Conditions shall prevail.

General

43. EH have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems’ capabilities.

Privacy

44. EH will only use the personal information provided to them to provide the auction services, or to inform Buyers and Vendors about similar services which they provide, unless told by such parties that they do not want to receive this information by not providing their email contact information on the Buyer’s Registration Form, or by ticking the relevant box on the relevant web page.

44.1 EH shall:

44.2 Only process Personal Data relating to its management (or otherwise) of the auction in accordance with the regulations of the Data Protection Act;

44.3 Only process Personal Data to the extent, and in such manner, as is necessary for the provision of the auction services and/or its obligations under these Terms or as is required by law or any regulatory body;

44.4 Implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected; and

44.5 Not perform its obligations hereunder or as otherwise set out in these conditions in such a way as to breach any of its applicable obligations under the Data Protection Act.

44.6 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

44.7 If or to the extent that any of these Terms (as amended from time to time in writing by EH) are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly.

44.8 If EH fail, at any time while these Terms are in force, to insist that the Vendor and/or Buyer perform their obligations under these Terms, or if EH do not exercise any of its rights or remedies under these Terms, that will not mean that EH have waived such rights or remedies and will not mean that the Vendor and/or Buyer does not have to comply with those obligations. If EH do waive a default by the Vendor and/or Buyer that will not mean that EH will automatically waive any subsequent default by the Vendor and/or Buyer. No waiver by EH of any of these Terms shall be effective unless EH expressly says that it is a waiver and EH tell the Buyer and Vendor so in writing.

44.9 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

44.10 These Terms shall be governed by English law and EH, the Vendor and the Buyer all agree to the exclusive jurisdiction of the English courts.