Sale Terms and Important Information

CMA – BUYER SUMMARY TERMS

IMPORTANT INFORMATION

By registering for an auction, placing a bid or purchasing an Item, you agree to CMA’s full Buyer Terms & Conditions set out below.

This summary is provided for convenience only. Buyers must read the full Buyer Terms & Conditions, auction information and individual lot descriptions before bidding.

CMA’S ROLE AND MULTIPLE VENDORS

Most Items are offered by CMA as agent for a third-party Seller. Unless an Item is identified as a “CMA Item,” the Contract for its sale is between the Buyer and the relevant Seller.

This auction includes Items offered on behalf of multiple Sellers and may include Items located at different sites. Collection locations, deadlines, access arrangements, loading facilities and removal requirements may differ between lots.

Buyers must review the collection information and specific requirements provided within each individual lot description before bidding.

HIGH-VALUE ITEMS

Items with an estimated or actual sale price above £20,000 are available to business purchasers only. CMA may require proof of business status, identity, funds or a deposit before or after bidding.

BIDDING AND CONTRACT FORMATION

A bid is a legal offer to purchase and cannot be withdrawn unless CMA agrees in writing.

A Contract is formed only when CMA confirms acceptance of the successful bid. Neither CMA nor the Seller is obliged to accept the highest bid.

PAYMENT

Items valued at £20,000 or less must be paid for within 24 hours.

Items valued above £20,000 must be paid for within five business days.

Time is of the essence.

Payment must be made by bank transfer or an approved debit or credit card where available. Cash is not accepted.

Items will not be released until cleared funds have been received and any required verification, deposit or staged-payment requirements have been completed.

FEES

The Buyer must pay the hammer price, Buyer’s Premium, applicable platform or internet fees, VAT and any lift-out, storage or additional charges stated in the Catalogue, auction information, lot description or invoice.

VAT

All Lots are subject to VAT at the prevailing UK rate unless stated otherwise in the Catalogue or on the invoice. Buyer’s Premium and services supplied by CMA are also subject to VAT where applicable.

Buyers intending to export an Item must initially pay VAT in full. Any VAT relief, zero-rating or refund is conditional upon the Buyer providing complete and valid export evidence and satisfying all applicable legal and HMRC requirements.

Overseas Buyers are responsible for all import duties, taxes, customs requirements and charges in the destination country.

ANTI-SNIPING AND TIME EXTENSIONS

If a bid is placed shortly before a Lot closes, the closing time may automatically extend. The applicable extension period, which may include a 10-minute or three-minute reset, will be determined by the auction platform.

CONDITION AND INSPECTION

All Items are sold “as seen,” “as is,” “with all faults” and without warranty.

Descriptions and photographs are provided for identification and guidance only and are not guaranteed to be complete, accurate or representative.

Buyers are responsible for satisfying themselves as to the condition, completeness, suitability, safety and compliance of an Item before bidding. Viewing is subject to Seller access, site conditions and safety requirements.

Items may be incomplete, damaged, non-operational or unsafe.

Manuals, software licences, keys, accessories, certification, pallets, stands and other items appearing in photographs are not included unless expressly stated.

COLLECTION

Unless otherwise stated, Items must be collected within seven days of the auction closing or the Contract being formed.

A shorter, longer or deferred collection period may apply to a particular Lot, auction, Seller or site. Collection information stated in the Catalogue, lot description, auction notes, invoice or other written instructions will override the default collection period.

CMA may amend collection deadlines where reasonably required due to site access, third-party, logistical or safety requirements.

Collections may only take place after cleared payment and with CMA’s authorisation. Where appointments are required, Buyers must not attend the collection site without a confirmed appointment.

REMOVAL RESPONSIBILITIES

Buyers are responsible for providing suitable vehicles, labour, tools, lifting equipment, personal protective equipment and insurance.

Buyers and their contractors are responsible for the safe disconnection, dismantling, loading and removal of Items and for any resulting property damage, personal injury or environmental contamination.

Where a Lot is subject to a mandatory lift-out, professional removal arrangement or other specific requirement, this will be stated in the lot description or collection information.

STORAGE AND ABANDONMENT

Storage charges may apply where an Item is not collected within the applicable collection period and must be paid before release.

If an Item remains uncollected seven days after the final collection deadline, CMA may treat it as abandoned.

CMA and/or the Seller may resell, scrap, dismantle, store or otherwise dispose of the Item without further notice, retain monies already paid and recover any resulting storage, transport, disposal, administrative, legal or resale costs from the Buyer.

TITLE AND RISK

Legal title passes only when payment has been received in full in cleared funds.

Risk passes when collection begins or when the Buyer or their representative takes possession of the Item, whichever occurs first.

HEALTH, SAFETY AND COMPLIANCE

Items may contain hazardous materials or present electrical, structural or mechanical risks. Professional disconnection, testing, certification, repair or installation may be required.

The Buyer is responsible for complying with all applicable health and safety, environmental and removal requirements.

NON-PAYMENT OR BUYER BREACH

Late payment may attract interest at 4% above the Bank of England base rate.

Failure to pay, collect or remove an Item safely and within the required timeframe may result in cancellation or termination of the Contract, resale or disposal of the Item, forfeiture of monies paid and recovery of any shortfall, storage charges, legal costs, administrative costs and other losses.

By bidding, you confirm that you have read and accepted CMA’s full Buyer Terms & Conditions and all conditions applying to the relevant auction and Lot.

CMA BUYER TERMS & CONDITIONS

Commercial Machinery Auctions Ltd (“CMA”)

These Buyer Terms & Conditions (“Terms”) apply to all bidders and purchasers (“Buyers”) participating in any auction or private treaty sale conducted by Commercial Machinery Auctions Ltd (“CMA”, “we”, “us”).

These Terms apply to both business purchasers and individual purchasers unless stated otherwise.

By registering for an auction, placing a bid, or purchasing any item (“Item”), you agree to be bound by these Terms.

These Terms supersede any previous terms issued by CMA and may be amended periodically on our website.

1. CMA’S ROLE AND CAPACITY

1.1 CMA acting as Agent

Most Items offered for sale are not owned by CMA. Instead, CMA acts as agent for a third-party owner (“Seller”) who has instructed CMA to conduct an auction or sale on their behalf.

Where we act as agent:

The Contract for the sale of the Item is between you and the Seller.

CMA is not a contracting party and assumes no liability for the Seller’s acts, omissions, representations, legal title, or performance under the Contract.

1.2 CMA acting as Seller

Where an Item is identified in the listing as a “CMA Item,” CMA is the principal and owner.

In this case:

CMA is the Seller;

You enter a Contract directly with CMA;

CMA assumes the responsibilities of a Seller subject to these Terms.

1.3 Items exceeding £20,000

For Items with an estimated or actual sale price above £20,000:

Bidders must be business purchasers;

By bidding, you warrant that you are acting in the course of business;

CMA may require documentary proof of business status before or after bidding.

CMA may cancel bids, refuse participation, or void any Contract if satisfactory verification is not provided.

1.4 Insolvency-related sales

Where Items originate from an insolvent estate, including administration, liquidation, receivership, bankruptcy or similar:

The Seller may only transfer such title as the insolvent entity possessed;

Neither CMA nor the Seller warrants that the Item is free from finance, liens, or other encumbrances;

No indemnity, warranty, or guarantee is provided regarding ownership history.

2. AUCTION OPERATION AND USE OF ONLINE PLATFORMS

2.1 Platforms and access

CMA conducts auctions primarily through BidSpotter and may use other platforms.

CMA does not warrant that any platform will be available, uninterrupted, error-free, or compatible with your device.

2.2 Catalogue and listing information

Catalogue entries, photographs, descriptions, and online listings are provided for identification only.

They do not constitute an offer for sale and are not guaranteed to be accurate, complete, or representative.

Buyers are responsible for reviewing:

The main characteristics of the Item;

Any specific conditions attached to the Item;

Updates or amendments posted during the auction.

2.3 CMA’s rights over bidding

CMA may, at its discretion:

Reject or refuse any bid;

Require deposits, proof of identity, or proof of funds;

Remove bidders from auctions;

Withdraw any Item before a Contract is formed;

Sell an Item privately before or after an auction;

Place bids up to the reserve price on behalf of the Seller;

Resolve bidding disputes and errors, and its decision is final.

2.4 Withdrawal of bids

Once placed, bids cannot be withdrawn unless CMA explicitly agrees in writing.

2.5 Platform interruptions

CMA shall not be liable for:

Lost bids;

Delayed platform responses;

Connection issues;

Auction extensions, interruptions, or cancellations.

If technical issues occur, CMA may extend, restart, or cancel the auction.

3. FORMATION OF CONTRACT

3.1 Bids as offers

Showing an Item for auction is not an offer; it is an invitation to treat.

A bid is a legal offer to purchase.

3.2 Acceptance

A Contract is formed only when CMA confirms acceptance of the successful bid or confirms acceptance of a private treaty offer.

3.3 Highest bidder not guaranteed acceptance

Neither CMA nor the Seller is obligated to sell to the highest bidder.

The Seller may:

Reject the highest bid;

Accept a bid below reserve;

Accept an offer after the auction.

3.4 Anti-sniping time extensions

If a bid is placed shortly before auction close, the closing time may automatically extend, including by a 10-minute or three-minute reset, as specified by the platform.

3.5 Private treaty sales

Private treaty transactions, being sales agreed outside the auction, are subject to all Terms relating to:

Payment;

Risk;

Title;

Collection;

Liability;

Condition;

Unless otherwise agreed in writing.

4. CONDITION OF ITEMS AND BUYER INSPECTION

4.1 “As is, where is”

ALL Items are sold:

“As seen”;

“As is”;

“With all faults”;

“Without warranty”;

Whether patent or latent.

4.2 Buyer inspection

Buyers are strongly encouraged to inspect Items in person before bidding.

By bidding, you acknowledge:

You have had an opportunity to inspect;

You rely solely on your inspection, not on descriptions;

You accept the Item may be incomplete, damaged, non-operational, or unsafe.

Inspection of Items is subject to the Seller providing access.

CMA does not guarantee that inspection will be possible in all cases and shall have no liability where inspection cannot be facilitated due to Seller restrictions, site conditions or safety requirements.

4.3 No warranties

Neither CMA nor the Seller warrants:

Fitness for purpose;

Satisfactory quality;

Merchantability;

Age, model, mileage, or hours of use;

Compliance with safety legislation;

That the Item is free from defects;

That the Item includes manuals, software licences, keys, accessories, or certification.

4.4 Photographs and descriptions

Photos may not show all defects, and Items may differ from images.

Descriptions summarise main characteristics only.

4.5 Hazardous materials and safety compliance

Items may contain:

Oils, chemicals, or contaminants;

Asbestos or other hazardous substances;

Electrical hazards;

Structural or mechanical risks.

Items may require:

PAT testing;

Electrical certification;

Professional installation;

Repairs or refurbishment.

Buyers assume full responsibility for compliance with health and safety laws.

4.6 No reliance

You confirm that you have not relied upon statements, verbal comments, or supplements outside the Catalogue.

5. PRICE, FEES, VAT AND PAYMENT

5.1 Amounts payable

The Buyer must pay:

The hammer price or private treaty price;

Buyer’s Premium and any fees stated in the Catalogue;

Applicable VAT;

Any lift-out charges, storage fees, or other costs identified.

5.2 VAT (Value Added Tax)

All Lots are subject to VAT at the prevailing UK rate unless stated otherwise in the Catalogue or on the invoice.

Goods (Hammer Price)

Unless expressly stated otherwise, VAT shall be charged at the prevailing UK rate on all Lots and must be paid in full by the Buyer at the time of invoicing.

Where a Buyer intends to export a Lot outside of the United Kingdom and seeks VAT relief, exemption or refund, the Buyer acknowledges and agrees that:

(a) VAT shall nevertheless be paid in full at the time of purchase;

(b) any refund or zero-rating of VAT shall be entirely conditional upon:

(i) the Lot being exported from the United Kingdom within the timeframe required by HMRC;

(ii) the Buyer providing complete and valid export documentation and evidence satisfactory to both CMA and the Seller; and

(iii) CMA and/or the Seller being satisfied that all legal and HMRC requirements for zero-rating or VAT recovery have been fully complied with;

(c) CMA shall have no obligation to refund VAT unless and until all required evidence has been received and approved;

(d) any VAT refund shall be processed only after CMA and/or the Seller have successfully recovered or confirmed entitlement to recover the relevant VAT from HMRC; and

(e) the Buyer is solely responsible for complying with all export, customs and VAT requirements in the destination jurisdiction.

By bidding on, purchasing or paying for any Lot, the Buyer expressly agrees to these VAT terms and acknowledges that failure to comply with the required export procedures may result in VAT remaining payable in full.

Buyer’s Premium and Services

Buyer’s Premium and any services supplied by CMA are subject to VAT.

Where the Buyer is a business established outside the United Kingdom and provides a valid VAT registration number, CMA may apply the reverse charge mechanism.

In such cases, UK VAT will not be charged on CMA’s fees and the Buyer is responsible for accounting for VAT in their own jurisdiction.

Overseas Buyers

Overseas Buyers are responsible for all import duties, taxes and customs charges in the destination country.

The removal or refund of UK VAT does not remove liability for taxes in the Buyer’s own jurisdiction.

Evidence and Compliance

CMA reserves the right to:

Request evidence of export and VAT status;

Refuse zero-rating or VAT refund requests where insufficient evidence is provided; and

Recover VAT where any VAT treatment is subsequently found to be incorrect.

5.3 Payment deadlines

Items valued at £20,000 or less - payment within 24 hours.

Items valued above £20,000 - payment within five business days.

Time is of the essence.

5.4 Payment method

Payment may be made by:

Bank transfer;

Approved debit or credit card, where available.

Cash is not accepted.

5.5 No set-off

The Buyer must pay in full without deduction or set-off.

5.6 Payment pre-conditions

Items will not be released until:

Cleared funds are received;

Any required verification is completed;

Deposits or staged payments are met.

5.7 Late payment

If you fail to pay:

Interest is charged at 4% above the Bank of England base rate;

CMA may cancel the Contract;

The Item may be resold;

You remain liable for shortfalls, losses, legal costs, and resale costs.

5.8 High-value Items

For Items valued above £20,000, CMA may require:

A refundable deposit;

Proof of funds;

Staged payment;

Escrow services.

Failure to comply is treated as non-payment.

6. RISK AND TITLE

6.1 Title

Title passes only when payment is received in full in cleared funds.

6.2 Risk

Risk passes earlier, specifically when:

Collection begins; or

You or your representative take possession;

Whichever occurs first.

6.3 Individuals

If you are an individual Buyer, the period during which you are collecting the Item is also at your risk.

6.4 Insolvency

Where the Seller acts for an insolvent entity:

Only such title as the insolvent party possessed is transferred;

No warranty of unencumbered title is given.

7. COLLECTION, REMOVAL AND STORAGE

7.1 Buyer responsibility

The Buyer is solely responsible for:

Attending the collection site;

Providing labour, tools, lifting equipment, and PPE;

Safe disconnection, dismantling, and removal;

Insurance covering removal, property damage, and personal injury.

7.2 Collection timeframe

Unless otherwise stated, Items must be collected within seven days of the auction close or Contract formation.

CMA may, at its absolute discretion, specify a shorter, longer, or deferred collection period for:

Particular Items or Lots;

Specific auctions; or

Logistical, site access, Seller, or health and safety requirements.

Any alternative collection timeframe may be communicated in the Catalogue, online listing, auction notes, invoice, or otherwise in writing and shall override the default seven-day period.

CMA reserves the right to amend collection deadlines after the auction where reasonably required, including due to site access constraints, third-party requirements, or events beyond CMA’s reasonable control.

Failure to comply with the applicable collection timeframe constitutes a breach of Contract.

Failure to collect within the stated timeframe may also result in forfeiture of monies paid, resale or disposal of the Item and additional storage or administrative charges.

7.3 Storage charges

If Items are not collected within the agreed timeframe:

Storage charges apply;

These must be paid before release.

7.4 Abandonment

If Items are not collected within seven days after the final collection deadline, CMA may deem the Items abandoned.

CMA and/or the Seller may thereafter:

(a) resell, scrap, dismantle, store or otherwise dispose of the Items without further notice;

(b) retain all monies paid by the Buyer;

(c) recover from the Buyer any storage, transport, disposal, administrative or legal costs incurred; and

(d) pursue the Buyer for any shortfall arising on resale.

7.5 Authority to remove

No Item may be removed without CMA’s authorisation and supervision.

7.6 Damage during removal

Buyers are fully liable for:

Damage to the building, site, equipment, or other Items;

Injuries caused to persons;

Environmental contamination.

CMA may halt removal if practices are unsafe.

7.7 Lift-out charges

Where specified, lift-out operations will be carried out by CMA or its contractor.

CMA is responsible only for the physical act of loading. Responsibility transfers immediately thereafter.

7.8 Software and intellectual property

Purchasing a device does not transfer software licences, user rights, or intellectual property.

7.9 Seller right to rescind

The Seller may rescind the sale and refund the Buyer if any third party asserts title rights to a purchased Item.

8. LARGER ITEMS AND ITEMS FIXED TO PROPERTY

8.1 Dismantling

Buyers must arrange and pay for dismantling of Items requiring disassembly.

8.2 Sequence of removal

Some Items may need to be removed before or after the removal of other Items.

Buyers must cooperate with CMA’s instructions.

8.3 Affixed Items

Where Items are bolted, plumbed, wired, set in concrete, or integrated into a structure, the Buyer is responsible for:

Safe disconnection;

Structural repairs and making good;

Compliance with planning and safety regulations;

Professional removal equipment and operators.

8.4 Indemnity

The Buyer indemnifies CMA and the Seller for losses or damage arising from removal activities.

9. TERMINATION

9.1 Buyer breach

If the Buyer:

Fails to pay on time;

Fails to collect on time;

Fails to remove Items safely; or

Violates clauses 7, 8, or 9;

CMA or the Seller may terminate the Contract.

9.2 Consequences of termination

Upon termination for Buyer breach:

(a) all sums paid by the Buyer, including the hammer price, Buyer’s Premium, VAT, storage charges and any other fees, shall be forfeited and retained by CMA and/or the Seller without prejudice to any further rights or remedies;

(b) the Item may be resold, scrapped or otherwise disposed of without further notice to the Buyer;

(c) the Buyer shall remain liable for any shortfall arising upon resale together with all storage, removal, legal, administrative, disposal and enforcement costs incurred by CMA and/or the Seller; and

(d) the Buyer shall have no claim to the Item or to any refund, compensation or damages arising from such termination or disposal.

9.3 Illegality or recall

If, after sale:

The sale is found unlawful;

A recall notice is issued; or

A regulatory body prohibits continued possession;

The Contract terminates and the Buyer must return the Item at their expense.

10. LIABILITY

10.1 Individuals

CMA is liable only for foreseeable losses caused by failure to use reasonable care and skill.

10.2 Businesses

For business Buyers:

Total liability is capped at the price paid;

CMA excludes liability for:

Lost profits;

Business interruption;

Data loss;

Indirect or consequential losses;

Loss of anticipated savings;

Reputational loss.

10.3 Buyer indemnity

Buyers indemnify CMA and Sellers for:

Damage during removal;

Breach of these Terms;

Costs arising from resale upon termination;

Legal or enforcement costs.

10.4 Non-excludable liability

Nothing limits CMA’s liability for:

Death or personal injury caused by negligence;

Fraud or fraudulent misrepresentation;

Any liability that cannot be excluded by law.

11. CONSUMER RIGHTS

Where the Buyer is an individual, they acknowledge:

Sales via auction of second-hand goods are not covered by Part 1 of the Consumer Rights Act 2015;

No statutory warranties apply;

Consumer Contracts Regulations 2013 cancellation rights do not apply to auction sales.

12. DATA PROTECTION

CMA collects personal data during registration and transaction processing.

Data is processed in accordance with CMA’s Privacy Policy.

13. SHIPPING

Shipping may be offered, except for vehicles, but is:

At additional cost;

Performed by third-party carriers;

Entirely at the Buyer’s risk.

CMA is not liable for:

Transit damage;

Delays;

Losses caused by carriers.

Items will be packaged with reasonable care but at the Buyer’s sole risk.

14. OVERSEAS BUYERS

Overseas Buyers are responsible for:

Import restrictions and licences;

Ensuring the Item is permitted in the destination country;

Hiring a freight forwarder;

Any duties, VAT, or customs charges.

VAT may be refunded only with acceptable proof of export within three months.

VAT on Buyer’s Premium may not be refundable for non-EU exports.

15. FORCE MAJEURE

15.1 Definition of Force Majeure

Neither CMA nor the Seller shall be in breach of these Terms or any Contract, nor liable for delay or failure to perform any obligation, where such delay or failure results from events or circumstances beyond their reasonable control (“Force Majeure Event”).

15.2 Examples of Force Majeure Events

Force Majeure Events include, but are not limited to:

(a) natural disasters, flood, drought, earthquake or other acts of God;

(b) epidemic, pandemic or public health restrictions;

(c) war, terrorism, civil disorder or armed conflict;

(d) industrial action, strikes or lockouts by third parties;

(e) failure of utilities, power, telecommunications, internet access or auction platforms;

(f) fire, explosion or accidents;

(g) government action, restrictions, embargoes or regulations; and

(h) inability to access a site or Item due to circumstances outside CMA or the Seller’s control.

15.3 Suspension of Obligations

If a Force Majeure Event occurs, CMA and/or the Seller may suspend performance of their obligations for the duration of the Force Majeure Event.

Auction times, payment deadlines, collection periods and other timeframes may be extended at CMA’s discretion.

15.4 Cancellation of Contract

Where performance becomes impossible, CMA may cancel the Contract without liability.

The Buyer will only be entitled to a refund of any amounts actually paid for the Item that cannot be delivered.

15.5 No Further Liability

Beyond the refund set out in clause 15.4, if applicable, the Buyer shall not be entitled to claim any damages, compensation or costs arising from a Force Majeure Event or any resulting cancellation, delay or disruption.

15.6 Buyer Responsibilities

The Buyer remains responsible for complying with their own obligations under these Terms except where performance is rendered impossible solely and directly due to the Force Majeure Event.

16. MISCELLANEOUS

Rights of third parties

No third party may enforce any Contract.

Entire agreement

These Terms and the description in the Catalogue form the entire agreement.

Variations

Only valid if made in writing, except CMA may update Terms on its website at any time.

Conflict

If these Terms conflict with a Catalogue, the Catalogue prevails.

Governing law

English law applies.

Jurisdiction

Business Buyers: exclusive jurisdiction of the courts of England and Wales.

Individual Buyers: may bring claims in their home UK jurisdiction.

Commercial Machinery Auctions Ltd

Registered Address: TS Partners, 9 High Street, Wellington, Somerset, TA21 8QT

VAT Number: 445334793

Company Number: 14936707

Email: info@commercialmachineryauctions.com

Tel: +44 (0)1666 744027