1X BOXED BURCO COMMERCIAL STAINLESS STEEL BCAFWM 7.5L COMMERCIAL WATER HEATER (DS-GD) (13.01.17)

STANDARD TERMS APPLICABLE TO ALL AUCTIONS

These terms and conditions set out the terms on which we offer lots for sale and which apply to sellers, bidders and buyers. You should therefore read them carefully before you instruct us to sell goods or before you bid on goods as they will bind you once we accept your instruction to sell or on the placing of any bid.

You should note that all our auctions include the opportunity for bidders to attend at the sale and therefore they are public auctions within the meaning of the Consumer Rights Act 2015 (“the CRA”) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). All goods are sold as second-hand unless otherwise stated. If goods are second-hand, then even if you are a consumer (i.e. not purchasing goods in the course of your trade or profession), most of the rights set out in the CRA and Regulations do not apply to your purchase. If you are in doubt as to what rights apply to this contract, you should ask us or obtain legal advice as we will give effect to your statutory rights if they are applicable to your contract with us.

Definitions

1. The following definitions shall apply to this contract

1.1   “We / Us” are ELS Auctions Ltd of Unit C, Westwood Industrial Estate, Arkwright Street, Oldham OL9 9LZ trading as TLH Auctioneers

1.2  “You” are the customer (you may be a Bidder, aBuyer or a Seller).

1.3   “the Seller” is the person selling an item.

1.4   “the Buyer” is the person successfully bidding for an item.

1.5  “a Bidder” shall refer to any bidder, whether successful or not.

Agency

1. We act throughout only as agents for the Seller (except where we are stated specifically wholly or partly to own any lot as principal). We do not act as agent for any Bidder or Buyer unless we specifically agree otherwise in writing.
2. We accept no personal liability for any contract made at or prior to any auction between a Seller and a Buyer or in respect of the sale of any item offered in any of our auctions and as such we are not responsible for any default by Seller or Buyer. However, since we facilitate all sales as agent, we are the appropriate point of contact for any Buyer who has a concern about any sale.

Conduct of Sales

1. We shall have full control of the conduct of all auction sales. This means that in particular we may do any of the following without giving any reason:

      i.     Reject any bid or refuse to accept any bid from any person;

     ii.     Withdraw, divide or consolidate any lots offered for auction at any time;

   iii.     Offer or withdraw a reserve price;

   iv.     Determine any dispute about which is the final bid or whether an auction has concluded and if so at what price;

1. If we fix a minimum bid for any auction, or fix a reserve price, we will make that clear and that shall be binding on all Bidders. All our Auctions have no reserve unless stated otherwise.
2. Whether or not any bid is successful is entirely at the discretion of the auctioneer conducting the auction and we shall be entitled to resolve any and all disputes between bidders or in respect of any aspect of the conduct of an auction. In such an event, we may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot.
3. Subject to the preceding discretion, the bidder offering the highest price shall become the Buyer of any item offered for sale at an auction. VAT (at the prevailing rate) will be added to each successful bid unless a lot is zero rated or is VAT exempt, together with the Buyer’s premium and Online Charge as detailed at condition 9. 
4. Reserves and commissions given by telephone are accepted at sender’s risk and must be confirmed in writing before the date of sale.

After Purchase

1. The Buyer must pay the balance of the purchase price plus a buyer’s premium of 23.25% plus VAT and the Online Charge of 3% plus VAT. This must be paid by cash or banker’s draft or direct electronic bank transfer by no later than 4.30 pm on the next business day after the day of the sale (except where specified otherwise in the written details of the terms of a particular sale).
2. Lots on which VAT is payable by the Buyer are indicated in the catalogue. VAT is payable at the rates prevailing on the day of the auction and will be added to the successful bid.
3. The Buyer is responsible for the removal of the goods. No lots may be removed before payment has been made in full and the lot shall be removed at the expense of the Buyer once removal is authorised by us. All removals will be supervised by the saleroom porters. Lots may only be collected by the declared Buyer or their nominated courier with confirmed order documentation not by anyone else.
4. The Buyer is liable for a storage charge of £5 +VAT per lot per day whether or not the lot has been paid for starting from the day after payment is due in accordance with clause 9 and continuing until the lot is removed or resold.
5. If the Buyer fails to comply with conditions 9, 11 or 12, the lot shall be resold by public auction or private sale. The deficiency (if any) arising upon the resale as against the original price together with the expenses of such resale (plus any VAT chargeable thereon) shall be due as a debt from the Buyer in default upon the first sale.

Liability

1. The basic principle of our auctions is that lots are sold as seen. This means that it is the responsibility of the bidder to inspect any lot that they are interested in prior to bidding, if you wish to know more about the lot. We will allow all bidders to inspect any item to verify the contents of the lot so far as it is possible to do so (for example, it may not be possible to inspect the inside of sealed packaging).
2. All items sold may have faults and imperfections. Our lots include used items, salvage, raw returns, ex-display, repossessed and seized goods: no grading or guarantee should be read into any description and such goods are deemed to be second-hand. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the auction as to the condition of each lot including its size or quantity (if relevant), packaging, state or quality, or whether it is in working order and the Buyer should check on these elements if they are significant rather than rely on any general description. If you are a Buyer, you confirm that by taking part in this auction that you are taking responsibility for your own inspection of the item and you are not entitled to any claim including damages or rescission by reason of any error or mistake as to the quality of any item sold.
3. Any statement by us or any of our staff as to any lot is a statement of genuine opinion only and every person should rely on their own judgment as to all matters affecting the lot. Any statement of opinion given by any of our staff will at most be based on a summary visual inspection and not a detailed inspection nor will it include looking inside any sealed packaging. Neither the Seller nor we, our servants or agents makes or gives, nor has any person in the employment of the auctioneers any authority to make or give, any representation or warranty in relation to any lot and any implied conditions or warranties are excluded (so far as is permissible by law).
4. In the case of sales of cars, we act as agent for the Seller and it is their responsibility to ensure that the car is sold without outstanding finance or defects in title. Any statement as to mileage is a statement of what is recorded on the car’s odometer and no warranty is given in respect thereof that the odometer is correct.
5. No warranty is given by us that any items of plant machinery or equipment contained in the lots necessarily comply with the Health and Safety at Work Act 1974 or any other statutory or regulatory requirement for any such plant, machinery or equipment and compliance with any such is entirely the Buyer’s responsibility (or that of the Seller if there are regulatory or statutory obligations on the Seller in particular cases).
6. We do not as auctioneer warrant the Seller’s title to any item. The Seller is responsible for ensuring that it has title to the goods in accordance with s. 12 of the Sale of Goods Act 1979. However, if there is any query as to the Seller’s title, the Buyer should contact us and we will seek to resolve any such issue with the Seller.
7. Neither the Seller nor we, our servants or agents are responsible for the authenticity of any lot. However, if Buyer has wishes to challenge the authenticity of a lot, the following apply:

20.1        Any challenge to the authenticity of a lot must be commenced by the Buyer providing notice in writing that in his view the lot is a forgery within 14 days after the sale (this has to be done promptly to ensure that authenticity is challenged before we pass on the sale price to the Seller);

20.2        Within 28 days after such notification the Buyer should return the lot to us in the same condition as at the time of sale accompanied by evidence (the burden of proof to be upon the Buyer) to satisfy us that, considered in the light of the entry in the catalogue, the lot is a forgery. The Buyer must also confirm that they are still able to transfer a good and marketable title to the lot free from any third party claims.

20.3        In that event, the sale of the lot will be rescinded and the purchase price refunded.

20.4        The Seller and the Buyer agree to be bound by our decision. In deciding whether or not the lot is a forgery we shall be entitled to seek the views of any expert or other authority

1. If notwithstanding these terms and conditions, we should be found liable to any Buyer or Bidder as a result of any undertaking, representation or warranty given in respect of any item provided by a Seller, or any information or description of an item provided by a Seller, or any fair and reasonable description provided by us based on the appearance or other features of the lot at the time of the description, or based on a visual inspection of the lot or based on any defect in title or quality or otherwise or the need to rescind a sale because the item is not genuine or otherwise, then the Seller shall indemnify us against any liability and costs arising out of any such undertaking, representation or warranty and howsoever arising.

Property

1. Prior to the sale of any lot, it remains the property of the Seller. It is the Seller’s responsibility to ensure that any item is insured and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed prior to delivery to our premises. However, we will take reasonable care for the safekeeping of items while they are stored in our premises and we will keep all items insured for damage or theft while in our premises. If a Seller withdraws an item from sale or it is for any other reason to be redelivered to the Seller, it becomes the Seller’s responsibility to ensure that it is insured from the time it leaves our premises and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed at any time after it leaves our premises.
2. Once the hammer has fallen and a successful bid has been declared, the item is immediately therefrom held by us on behalf of the Buyer. We remain responsible to take reasonable care for the safety and security of the item while it remains on our premises and we will keep all items insured for damage or theft while in our premises.
3. As soon as any item leaves our premises, neither we nor the Seller are responsible or liable if any item is then lost, stolen, damaged or destroyed. The Buyer should therefore ensure that the purchase is covered by insurance if appropriate from the time the Buyer arranges for it to be collected from us
4. Any Seller must notify us at the time of delivery and any Buyer must notify us at the conclusion of the relevant Auction if an item is of particular value so that we can notify this to our insurers; for a Seller, this is if the item is unusual and may need specialist insurance, and for a Buyer this would be because the Buyer considers that the true value of the item is greater than the Auction sale price. In the event of any loss or damage to any item, if any insurance claim by us is void because of any lack of information from the Seller or Buyer, we shall not be liable for such loss or damage to the Seller or Buyer (as relevant).
5.  Property in the item will however only pass to the Buyer when the purchase price has been paid in full (except in the case of any consumer sale within the Consumer Rights Act 2015 in which case property passes on collection by the Buyer or their nominated carrier).

Delivery

1. Once the Buyer has paid the purchase price it is your responsibility to organise delivery of your item(s) at your own expense. Once your carrier receives the goods then we will cease to be responsible for them and any issue arising thereafter regarding late delivery or delivery to the wrong address is an issue between you and your carrier.
2. If you use a carrier nominated by us through our website, then that is a separate contract with us or with the carrier for delivery of the goods. In that event, should you wish to return the goods to us for any reason or be entitled to rescind the sale, we will organise a carrier but you will need to pay for the costs of the goods being returned (unless you are a consumer within the meaning of the CRA in which case the position is as set out below).

Visiting our premises

1. Every person on our premises before during or after the sale shall be deemed to be there at their own risk and with notice of the condition of the premises and their contents. Such persons shall have no claim against us in respect of any injury sustained or any accident which may occur from any cause whatsoever save for injury or death caused by our negligence or otherwise where such liability cannot be excluded by law.
2. The Buyer shall be responsible for any loss of or damage to any item on our premises caused by the Buyer or by any agent or employee of the Buyer or any independent contractor engaged by the Buyer to inspect or transport any item to or from our premises, and the Buyer shall indemnify us for any loss or damage caused thereby..

Consumer Rights (where applicable)

1. Our sales are usually of second-hand goods sold at public auction (since they include the opportunity to attend the sale) and therefore are excluded from the Consumer Rights Act 2015 (“the CRA”). However, should the CRA apply to any sale (for new products or an auction where you cannot attend the sale), and if you are a consumer (acting wholly or mainly outside your trade, business, craft or profession), then we will give effect to your statutory rights.

31.1                 This means that if the goods you buy are not of satisfactory quality, you can return them for a refund within 30 days; within 6 months you can get a reduction in price or return the goods unless we can show that the goods are not fault. After 6 months, any refund or reduction has a deduction for usage.

31.2                 Please note that if you exercise any statutory rights including any right to reject under the CRA, and if the goods cannot be returned by post, you will need to bear the cost of returning the goods to us, unless we provided delivery of the goods through our nominated carrier.

31.3                 Please note also than any right to repair or replacement, if applicable, is a right you have against the Seller. As we are acting as agents for the Seller, we do not ourselves have the facilities to repair goods nor can we guarantee a replacement and thus these remedies are disproportionate as against us. We can however give effect to any right to reject which you may have.

1. If you are a consumer (acting wholly or mainly outside your trade, business, craft or profession) and you buy an item at an auction which is conducted wholly online and where no purchasers can attend the final sale, then you have the rights set out in the Regulations as follows:

Cancellation rights (applicable only to sales to consumers, where the auction is solely onlineand the contract is over £42)

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods

To exercise the right to cancel, you must inform us at [name, address, tel no, email] of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or e-mail). You may use the model cancellation form which can be found on our website here [INSERT LINK], but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (excluding the outgoing costs of delivery as this will have been arranged by yourself and a courier separately). A Buyer will lose their right to cancel if they unseal audio, video recordings or computer software that were sealed at the time of delivery or for any goods that are unsealed that are not suitable for return if they are resealed due to health protection or hygiene reasons

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than--

(a)     14 days after the day we receive back from you any goods supplied, or

(b)     (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c)     if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us. You will have to bear the direct cost of returning the goods. You must return the goods within 14 days of notifying us of your intention to cancel.

General

1. Any waiver by us of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.
2. This document sets out all the terms and conditions which apply between us and any Seller, Bidder or Buyer and is the entire agreement and understanding between all parties hereto. These terms and conditions may only be modified by an instrument in writing signed by our properly authorised representative. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation as to these terms save insofar as the same has expressly been recorded in writing and signed by us.
3. If any part of these terms and conditions should be held to be unlawful, void or unenforceable, then that provision shall be considered to be severable from the remainder of these terms and conditions and shall not affect the validity and enforceability of the remaining provisions hereof.

These conditions shall be governed by and construed in accordance with English law. All transactions to which these conditions apply and all connected matters shall also be governed by English law. Any dispute arising out of any auction or any matter arising from our dealings with any Seller, Bidder or Buyer shall be subject to the exclusive jurisdiction of the cour