Sale Terms and Important Information

The following terms and conditions, together with such other terms, conditions and notices that may be included in any relevant Catalogue or separate notice to Buyers, set out the terms on which we offers lots for sale and which apply to sellers, bidders and buyers.

Remember that from time to time we may make changes to our services and systems, if this happens we’ll update these terms and conditions so do make sure to check them regularly.

TRADING NAMES

Marine Sales Online is a trading name of Digicare UK Ltd, Unit 7 Orchard Business Park, Yapton, West Sussex.  BN18 0GA.  Registered in England & Wales 5644264. VAT Reg. No. 876 1951 84.

DEFINITIONS

In these Terms and Conditions of Sale, the following words will have the following meanings:

a) “The Agents” means Marine Sales Online or any Employee thereof at the time of Sale.

b) “The Auctioneers” means the person conducting the auction, Marine Sales Online or any Employee thereof at the time of Sale.

c) “The Buyer” shall have the meaning ascribed to it in condition 4 below and Buyers shall be deemed to be principals (for the purpose of these conditions) unless to the knowledge of the Agents and Auctioneers they are acting as agents on behalf of a named principal.

d) “The Seller” means the person owning or having the right to sell the lot.

e) “The hammer price” refers to the highest bid accepted by the Auctioneers excluding any additional fees such as Buyers Premium or VAT that may be included.

PRIVACY POLICY

Marine Sales Online values your privacy and the information set out below explains what data we collect, why we collect it and how we use your details. Please remember you can access our website homepage and browse our site without disclosing any personal data.

When you register in person or on our website all information will be securely stored. We will use the information you provide to us:

-          To administer your account and we may disclose your details to our third party service providers for the purposes of processing your order.

-          To let you know via email, post or phone about Marine Sales Online sales, auctions, products and services which may be of interest to you.

We may pass information to other carefully selected third parties who may use it to tell you about other goods and services which they think you may be interested in. We never disclose your payment details to these third parties. We may pass on non-personal aggregated information about sales and website usage to reputable organisations for research or analysis purposes.

By using Marine Sales Online or registering at one of our auction centres you consent to the information you provide being used for any of the above purposes, except where you have decided to opt out of being contacted by third parties or receiving our newsletters during the registration process. To change your preferences please write to us at Marketing Preferences, Marine Sales Online, Unit 18 Orchard Business Park, Yapton, West Sussex. BN18 0GA.

COOKIES

In common with other websites we use “cookies”. These are small files that our website puts on your hard drive so that it can remember information about you at a later date. We use cookies, for example, to:

-             Identify you as you travel around our site

-        Provide site usage information, which together with purchase information, will further help us improve and develop our products and services that we offer

No recognisable personal information is stored in the cookie that can link it back to an individual. You can use your own internet browser to control the use of cookies on your computer and can enable or disable them at any time.

CATALOGUE & PRODUCTS

The Agents/Auctioneers undertake that care has been taken to see that the catalogue descriptions and advertisements are accurate and reliable, but these are necessarily statements of opinion and must not be relied upon as statements of fact.  Neither the Vendor nor the Agents/Auctioneers are responsible for errors of description, the genuineness, attributes or authenticity of any lot.

Bidders and Buyers shall be deemed to have accepted that warranties or guarantees appearing in the catalogue have been specifically authorised by the Vendors and the Agents/Auctioneers disclaim all personal liability arising there from.

a) Lots are sold with all faults and defects and with all errors of description and neither the Vendor nor the Agents/Auctioneers are responsible for any defects whatsoever. All implied conditions relating to description, fitness and quality are accordingly excluded;

b) Subject to c) below, the Vendor and the Agents/Auctioneers do not make or give, nor has any person in the employment of the Agents/Auctioneers any authority to make or give, any express representation or warranty with regard to any lot except that the Vendor has the right to sell it.

c) Where a lot bears a specific catalogue description indicating quality (for example “good condition”) this description shall be taken to be made on the authority of the Vendor alone and in case of dispute about such express description the Buyer agrees to follow the procedure specified in condition 17 below and to be bound by the result thereof.

d) The Vendor indemnifies the Agents/Auctioneers that he has the right to sell any lot offered for sale by the Agents/Auctioneers on behalf of the Vendor.

e) It is hereby expressly agreed that the Vendors and Agents/Auctioneers shall have no personal liability hereunder or under any document executed pursuant hereto.

CONDUCT OF SALES

The Auctioneers have the right to:

-  Refuse any bid.

-  Advance the bidding at their discretion and at such minimum increment as they in their absolute discretion direct.

-  Decide whether there has been a dispute as to the bidding and, if so, immediately re-offer the lot in question.

- Divide, combine, and withdraw any lots.

-  Exclude any person from the Auction process.

BUYING FROM US

All offers and bids made shall be treated as offers made upon these Terms and Conditions of Sale, and all persons at an auction sale and or taking part in an on-line auction acknowledge that their attention has been drawn to these Terms and Conditions of Sale and they are bound by them. Subject to these Terms and Conditions, the highest bidder/offer or shall be the Buyer, subject to the approval of the bid by the vendor.

All persons present at an auction sale and or taking part in an on-line auction agree to refrain from conduct which may cause a nuisance to others present.

The Buyer shall not become the owner of any lot and the Agents/Auctioneers shall not have any lien thereon, until the lot has been paid for in full, but nevertheless each lot is at the sole risk of the Buyer from the fall of the hammer or upon receiving notification of successful bids and the Buyer shall be responsible for providing appropriate insurance cover from this time.

Until the Buyer makes payment in full:-

-  Title to any Lot bought shall not pass to the Buyer.

-  The lot shall be at the Buyers risk.

-  The Auctioneer shall have a lien over any Lot bought by the Buyer in the Auction.

-  If the Buyer effects or purports to effect a resale of any other disposition of all or part of the Lot, the Purchaser shall hold proceeds of resale or other disposition on trust for the Auctioneer and the Seller.

PAYMENTS

Upon the Auctioneer declaring any lot sold, the Buyer shall immediately:

a) Supply a Banker’s reference unless prior arrangements have been made.

b) Subject to vendor approval being obtained pay the full purchase price and the Auctioneers’ premium (otherwise known as the Buyers Premium), if any, plus any chargeable VAT, by the deadline listed in the specific details of each sale.

c) On proof of payment in full, clear any lot by the deadline listed in the specific details of each sale.

d) Pay the Auctioneers premium (Buyers premium) at the rate specified (at 15% unless otherwise specified in the notice to bidders and conditions of auction) of the price realised for each lot, whether sold by auction or private treaty, plus VAT thereon (such premium to belong to the Auctioneers).

e) Should payment not be received within the timescale specified in the terms then the Auctioneers reserve the right re-list the lots for sale.

The Auctioneer may at any time in his sole discretion grant the Buyer an extension of time for complying with a) to e) above, in which case the Buyer shall pay to the Auctioneer in full before moving or removing the Lot interest on any unpaid sums at a rate of 8 per cent above Barclays Bank plc base rate in force from time to time.

All payments are to be made in Sterling unless otherwise specified in the Auction Sale Catalogue.

We accept the following payment methods:-

- Online bank transfer.

- Cash up to an amount of £10,000.00.

In relation to goods sold that will be exported, no VAT refund sheme is operated by the Auctioneer.

If the Buyer fails to pay for or remove any lots purchased by him, or in any way fails to comply with these Terms and Conditions of Sale, the Agents/Auctioneers shall have the right to:

a) Sell the lots by Public Auction or otherwise without notice to the Buyer, and if any loss arises from such a resale after deducting the Agents/Auctioneers’ full costs and expenses, the Buyer shall be responsible to the Agents/Auctioneers for that loss.

b) Where deposit is paid, to forfeit that deposit.

c) To charge interest on any unpaid balance at the rate of 8% above the base rate charged by Barclays Bank plc from time to time.

d) To charge for storage arising after the time for removal at the current rate and to release the lots in question to the Buyer only after payment in full of all storage and removal expenses incurred (as well as the full purchase price).

Title will not pass to the Buyer until the auctioneer as agent for the vendor has received payment in full.

COLLECTION & DELIVERY

The Buyer is responsible for removing all goods purchased within the timeframe specified in the terms and undertakes to do so safely and lawfully in accordance with local Health & Safety legislation and regulations and having due regard for safe systems of work where the goods are to be removed from any site owned, occupied or operated by the Agents/Auctioneers.

Removal is to be completed within the timeframe specified in the Auction / Sale catalogue and then only once full payment has been received.

The Buyer is responsible to ensure any and all contractors, sub-contractors or employees are qualified and competent in the removal of any purchased items and will operate with due regard to risks inherent in the removal of any equipment. The Buyer will be responsible for undertaking any assessment of risk, deemed appropriate in connection with the removal of any purchased goods and ensure that the suitable method statements are prepared addressing such risk. Moreover, such consideration will be required from any contractors or sub-contractors employed in the removal of any purchased goods.

Where lots and sale items are of a fixed nature, the Buyer is responsible for detaching such lot and undertakes to do so safely and lawfully in accordance with local Health and Safety legislation and regulations, where necessary. The Buyer will provide a method statement for removal, to the Agents/Auctioneers prior to removing any such fixtures.

The Buyer undertakes to indemnify the Agents/Auctioneers and, where appropriate, the Vendor, against any cost, damage, legal or other expenses in respect of any claim arising from the detachment of the lot or its removal. If the Agents/Auctioneers so require, the Buyer agrees to pay to the Agents/Auctioneers a sum to cover the likely damage caused by such removal in the amount so estimated by the Agents/Auctioneers.

AGENCY AND COMMISSIONS

The Agents/Auctioneers execute commissions received in writing up to one hour before the sale, on condition that the relevant lots have been viewed by the bidder. No responsibility is accepted relating to commissions given to staff other than the Agents/Auctioneers nominated individual.

SAFETY OF PLANT, MACHINERY AND VEHICLES

Buyers are reminded that under current Health & Safety legislation affecting the sale and safe use of machinery, the Agents / Auctioneers will so far as is reasonably practical check that all lots sold comply with the provisions and duties of the Section 6 of the Health and Safety at Work Act 1974 and within the meaning of Section 53 of the Act. Accordingly the Buyer undertakes not to use any lot purchased until satisfied that it complies with the relevant local Legislation and Regulations relating to such machines and implements and to indemnify the Agents/Auctioneers against any failure to observe this undertaking;

In the case of the sale of boats, other watercraft, trailers and vehicles, no item is warranted or held out to be roadworthy/seaworthy and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. The Agents/Auctioneers have no authority to make representations and all lots are sold on an as-is basis.

All goods sold are sold as used and are not supplied as new unless the catalogue description clearly states the contrary.

AGENTS/AUCTIONEERS RIGHTS REF DAMAGE

In the case of a Buyer causing damage not covered, the Agents/Auctioneers shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Agents/Auctioneers whose decision shall be final. The Agents/Auctioneers’ assessed sum shall be paid by the Buyer upon receipt of invoice and payment shall be made forthwith, time being of the essence.

VENDORS RIGHTS

Lots offered for sale are subject to the following:

a) Any reserve price placed by the Vendor. Reserves must be reasonable and Marine Sales Online may decline to offer goods which in Marine Sales Online’s opinion would be subject to an unreasonably high reserve (in which case those goods carry the storage and insurance charges stipulated in the terms of consignment).

b) The right of the Auctioneers to bid on behalf of the Vendor.

c) When a reserve price has been placed (but in no other case) the Vendor may not bid personally or through any agent.

d) Once set, the reserve cannot be changed without Marine Sales Online’s consent.

e) VAT at the applicable local rate if appropriate.

INSOLVENCY AND DEATH

Where the Agents/Auctioneers conduct a sale on behalf of a Vendor who is an Administrative Receiver, an Administrator or a Liquidator of a limited company or Trustee in Bankruptcy of an individual:

The Vendors shall only act as an agent on behalf of the company or bankrupt (as the case may be) and shall be under no personal liability whatsoever in respect of the contract for sale of any lots;

The Vendor, and the Agents/Auctioneers on his behalf, sell whatever right, title or interest the company or the bankrupt may have in the lot;

In the event of any third party proving to have a superior title to 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 Buyer, neither the Vendor nor the Agents/Auctioneers shall be under any further liability to the Buyer;

If before title to any lot has passed to the Buyer, the Buyer, being an individual, dies or enters into a composition or arrangement for the benefit of his creditors or has a Bankruptcy Order made against him, or being a body corporate, has a Receiver or a Receiver and Manager appointed or goes into administration, liquidation or enters into an arrangement for the benefit of its creditors, then in all such cases the contract for sale for such lot may be, at the Agents/Auctioneers’ discretion, rescinded without notice to the said Buyer. Upon rescission, any deposit paid by the Buyer shall be forfeited and the Agents/Auctioneers shall be entitled to exercise the rights set out in these conditions of sale on the basis of default by the Buyer.

THIRD PARTY LIABILITY

The Agents/Auctioneers will not be responsible for any injury, damage, or loss, howsoever caused to or sustained by any person on the Agents/Auctioneers’ premises or any site where an auction is held unless the same shall be caused by the direct negligence of the Agents/Auctioneers, including the period(s) during which viewing and subsequent removal takes place.

HEALTH AND SAFETY AT WORK ACT 1974

Section 6 (8) of the Act – In certain instances it may be necessary for the Buyer to give a written undertaking pursuant to Section 6 (8) of the Health and Safety At Work Act 1974 (HSWA).

Asbestos / Hazardous Substances

It is expressly brought to the Buyer’s attention that certain types of plant or main service installations could contain asbestos, dangerous chemicals, etc. which if not handled correctly during their removal from the site could be in breach of the HSWA, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations 1983 as amended and the Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislation covering the use of such substances in a working environment.

All Buyers must comply with all current legislation and regulation, including the Water Industry Act 1991 in relation to the removal/disposal of waste/trade effluent including hazardous waste and may be required to satisfy Marine Sales Online in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor.

GENERAL

a) The Agents/Auctioneers act only as agents for the Vendor (unless otherwise directly declared). Vendors are not paid until payment is received from the Buyer. The Agents/Auctioneers are not necessarily in a position to know the history or assess the quality of lots sold on behalf of Vendors. Furthermore, lots sold are likely to have been subject to wear and tear caused by use or the effects of age and may therefore have faults and imperfections. Buyers are given an opportunity of viewing lots to examine them before bidding and will be presumed to have done so. Buyers are deemed to have satisfied themselves as to the condition of any lots before bidding and lots are therefore sold with no guarantee or warranty being given or implied.

b) The Interpretation Act 1978 applies to the terms and expressions used in these Terms and Conditions of Sale as if contained in statute and these Terms and Conditions of Sale shall be governed by the laws of the UK.