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Shepherd's Auctions Terms and Conditions

These Terms and Conditions must be strictly adhered to along with the Important Information which is displayed on all auction catalogues.  All buyers approved for auction shall be considered to have read, understood and accepted these conditions and will be bound by them.

WARNING!! All lots are sold “as they lie” with all faults, typographical, photo graphical and quantity errors, visible damage or mechanical failings regardless if this deems the item beyond repair. The absence of any reference to the condition of a lot does not imply that the lot is free from faults, imperfections and restorations. Shepherds Auctions will not be held responsible for any damage or defect that has not been notified to the buyer.

Shepherds Auctions will endeavour to write accurate descriptions of all lots and the following terms may be used when describing lots;

• “Tested Working” – We have tested the item and the basic functions are working as designed, i.e. a mixer will power on and will turn an accessory as designed, however, this is not extensive to all the mixers functions and all accessories.
• “Powers On” – We have plugged the item in and the item has power, i.e. it is not always possible due to time restraints to test iron, steamers, printers etc.
• “Vendor Suggests” – We the auctioneer, have not tested the item but have been advised by the vendor the item is working.

Electrical faults may not always be apparent at the time of testing, therefore no guarantee or warranty is given or implied with any lot. Any description written down in the catalogue or stated at the time of sale is not guaranteed as being correct; the information is ascertained from the goods as seen and is merely for information or identification purposes only. (The catalogue may contain photographic inaccuracies or typographical errors.) The buyer must have examined the goods prior to sale and by relying on their own judgment and assure themselves as to the condition of each item. The buyer must decide whether the description is correct and bid on what they have physically viewed in person and not on what has been described or photographed. Lots are not sold as a sample, the buyer shall be deemed to have inspected the lots they buy.

Neither the vendor of any lot nor Shepherds Auctions, their servants or agents is responsible for any errors of description, imagery or for the authenticity of any lot. Nor has anybody in the employment of Shepherds Auctions has any authority to make or give, any representation or warranty in relation to any lot. Any implied conditions or warranties are excluded. Any information given on any lot is only a matter of opinion and inevitably neither Shepherds Auctions nor our employees, agents or vendors accept liability for the correctives of such.

Some lots sold may be used customer returns and as such buyers must check the safety of any mechanical, gas or electrical lots prior to use and if necessary take expert advice. Shepherds Auctions cannot take responsibility for any damage or injury as a result of disregard to this advice. Neither the vendor nor Shepherds Auctions will be liable in accordance with the Health and Safety Act 1974. The Buyer shall be responsible for any injuries and /or death resulting in the removal/use of this lot(s).

Any machinery must be removed from the machine side of the isolator by a qualified person and no wire may be left bare and must comply with the Health & Safety at work act 1974. It is the purchaser's responsibility to ensure that only a qualified engineer is used to disconnect and remove machinery they have bought.

A number of electrical items sold may have been previously owned and as such may become blocked by a network provider, antitheft software or previous user. On occasion, we may be unable to identify this at the time and therefore encourage all buyers to take reasonable steps to conduct their own due diligence. We recommend using an online system such as CheckMEND before bidding.

Shepherds Auctions sell as agents for the vendor and as such are not responsible for any default by the seller.

All lots can be viewed on our viewing days (see Important Information for detailed days and times.)

All persons attending the auction premises do so at their own risk. Under no circumstances will the vendor, Shepherds Auctions, their servants or agents individually or collectively be responsible for any loss or damage caused to individuals or property whatsoever.

Buyers registering for any auction must do so online. Buyers registering for the auction must ensure that their card is 3D secure, AVS matches and accounts match the card holder’s details. Any buyers found not to have this in place will be declined and any bids made will be withdrawn. Shepherds Auctions reserves the right to decline any buyer upon registration.

All lots are sold at the discretion of Shepherds Auctions and as such reserves the right on behalf of themselves or the vendors too;

• Set a reserve price
• To bid on behalf of a vendor, up to the vendors reserve price
• To withdraw a sale at any time
• To rearrange, consolidate or vary the order of sale
• Be obliged to disclose the reserve price of an item

Real Auction sales are not classified as consumer sales The buyer acknowledges that this is not a consumer sale for the purposes of the sales of goods act 1979 (as amended by the Sales and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the unfair Contract Terms Act 1977 / 1999 Regulations and the buyer shall not seek to rely upon any conditions or Warranties implied thereby or by any other legislation. All items are sold as they lie with no grading or guarantees and can include Used Items, Salvage, Raw Returns, Ex-Display, Repossessed and Seized Goods.

Shepherds Auctions will regulate the bidding and decide in what increments the bid will be raised. The purchaser will be determined only when the hammer has gone down in a Live Auction or in the case of a timed auction when the lot has closed.

Any lots that have been de-branded are to remain de-branded. No original trademarks, web images, sellers logos or other intellectual property may be copied or used without prior consent. Any customer in breach of this will risk permanent exclusion from bidding with Shepherds Auctions.

Shepherds Auctions provides a bidding service “as is” and without warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruption in the availability of the online bidding service or our website or any errors or defects in their content or functionality, any software and / or hardware defects and / or any internet connection problems and Shepherds Auctions do not represent or warrant that Shepherds Auctions website or online bidding platform will be error free, virus free or that any defects will be corrected.

Tender

If goods are sold by tender then the bidder has to comply with all the terms and conditions as it would relate to the sale being completed as a tender. The tender must be completed and returned within the timescale stated in the catalogue and the appropriate deposit must accompany the tender form. Should there be identical highest bids Shepherds Auctions reserves the right to contact both or all parties and offer them the opportunity to increase their bid? Should the tender allow a bid in its entirety (i.e. all goods) the auctioneers reserve the right to accept that bid over all the individual bids should they feel that doing so would maximise the result for the vendor.

Any person not completing the purchase after either bidding or tendering for the goods lotted, they will lose their deposit and the goods will either be re-advertised and sold or offered to the underbidder, should Shepherds Auctions incur costs or the vendor receive less than the original amount tendered, the original bidder will be liable for any shortfalls.

Title of Sale

Sales conducted for receivers or liquidators of a company or trustee in bankruptcy the vendor shall only act as an agent on their behalf and there will be no personal liability whatsoever in respect of the contract of sale. In the event of a third party, proving to have a superior right or title to custody or possession of any lot the vendor may revoke the contract of sale and return any purchase price to the purchaser. Neither Shepherds Auctions nor the vendor shall accept any liability to the purchaser.

The title of the lot will not pass to the buyer until the payment has cleared in full to Shepherds Auctions.

For the avoidance of doubt, the parties to the contract of sale of goods are the buyer and seller. Shepherds Auctions is not a party to the contract of sale but acts as the Vendor's agent only and is not liable for any breach thereof by either the buyer or the seller.

Payments

All payments must be settled in full, either by Cash, Bank Transfer, Credit or Debit Card. Any card charges will be passed on to the customer at the time of payment. All successful bids will be liable to a buyer’s premium plus VAT and the Internet surcharge and VAT on the hammer where applicable. (The Buyer’s Premium will be stated in the catalogue). It is the buyer’s responsibility to ensure that payment for won lots is made no late than 5 pm on the day stated in the Important Information. Should the payment fail to be made Shepherds Auctions reserve the right to cancel the sale.

Collection

Once the lot has been sold the purchaser is in a legally binding contract to purchase the said lot for the amount bid plus the Auctioneers charges and VAT where applicable. Please note that your acceptance of these terms gives Shepherds Auctions your permission to complete all invoices on the card that you have provided or from your deposit if applicable unless alternative payment arrangements have been made with the Auctioneer. Please note that the item becomes the buyer’s responsibility from the fall of the hammer or the closure of a lot.

All won lots must be collected on the dedicated collection day in the correct manner. No person who does not hold the correct licence can remove vehicles after purchase and should they do so Shepherds Auctions will not be held responsible.

The buyer must organise any necessary labour and equipment required to remove lots from the premises and must comply with any direction given by the staff. No purchaser can remove goods without a member of staff being present. Any disputes regarding what was purchased will be determined by the auctioneer, their decision is final and cannot be challenged or disputed.

Any late/non-collections will have a fee of £30 applied to either the invoice or card provided the bidder/buyer will be liable to forfeiture of any and all money paid, storage and attendance fees.

Failure to complete any invoice regardless of the amount will result in the account being blocked. The Shepherds Auctions reserves the right to disclose this information with other auctioneers. Collection days and times are given for each Auction. Any lots not collected within the time frame set out in the Important Information will be resold without hesitation and the original buyer will be liable to pay any shortfall.

Delivery

As a reseller of the courier service we will gladly offer advice, liaise with the courier company, and continue to be your first point of call if you run into any issues, but it is your responsibility to make sure the items you send are not on a prohibited listing. If you request shipment of an item then we will assume that you have read the Terms & Conditions and have checked the prohibited items list and understand that should a prohibited item be shipped and it is stopped at a sorting depot or at the point of attempted entry, the courier company is entitled to return the item to Shepherds Auctions, destroy it, or dispose of it and also charge back any reasonable associated costs incurred to do so; we will pass this cost on to you as the purchaser of the service. If any one of the following items in this list is collected by a driver you are then liable to be surcharged and your parcel returned. No refund of postage will be made and compensation claims will be void.

Pallet deliveries will be dropped at the kerbside only.

Privacy

Personal Information will only be used to provide auction services or to inform buyers and vendors of any forthcoming auctions, sale and new products. Parties not wanting to receive this information should inform the auctioneer. It is the buyers/vendors responsibility to ensure that all the information held by Shepherds Auctions is current and up to date.

Shepherds Auctions reserves the right to change and update these conditions at any time.

Vendors

Under no circumstances may a Vendor or one of his servant's bid for his own lot. Only Shepherds Auctions may do this and only up to the reserve value.

Goods are left at the Vendors own risk. It is the vendor’s responsibility to ensure that they make the appropriate insurance arrangements. The goods remain the responsibility of the owner until the fall of the hammer or closure of a lot at which point the title is handed to the buyer.

By submitting goods into an auction the vendor warrants to Shepherds Auctions and the buyer the following;

• They are the true owner of the goods or is authorised to sell the goods by the true owner.
• They are able to transfer a good and market able title to the goods free from third party claim.
• Any representation submitted by the Vendor in any form is wholly accurate and informed. This information will be relied upon for Shepherds Auctions and the Buyer.

The Vendor will indemnify Shepherds Auctions, their servants and agents and the buyer against any damage or loss suffered by them in consequence of any breach of the warranties set out in the above on the part of the vendor.

Unless otherwise agreed in writing Shepherds Auctions will remit the proceeds of any auction within one month of the sale to the vendor less the relevant deductions.

General

Shepherds Auctions reserves the right to change and update these conditions at any time.

ALL GOODS ARE SOLD STRICTLY SUBJECT TO THESE TERMS & CONDITIONS. ANY PERSON WHO FEELS THEY CANNOT COMPLY MUST NOT BID.

THE TERMS & CONDITIONS WILL BE DISPLAYED AT ALL AUCTIONS AND ALL GOODS WILL BE SOLD SUBJECT TO THEM. A COPY CAN BE FORWARDED TO ANY PERSON AT THERE REQUEST SEE OUR CONTACT DETAILS.

Please note that by clicking our Terms & Conditions button you are confirming that you are 18 years or over. If this is not the case then please do not bid in any of our Auctions that stipulate this is an Adult Auction which has Adult items for sale.