2011 BMW 730D SE 3.0 Auto

TERMS AND CONDITIONS GENERAL

The following Terms (“Terms”) together with such other terms, conditions and notices as may be set out in any relevant auction or sale catalogue apply to all sales by Earlswood Classic Auctions Limited (“ECA”) at auction or within 14 days after the auction. 

No alteration to the Terms will be binding unless accepted by ECA in writing. The Terms are subject to amendment by ECA provided it is reasonable for it do so by the posting of notices or by oral announcement made by an ECA Auctioneer prior to or during the sale. Nothing in these Terms shall affect the statutory rights of a consumer. 

Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in a text file on the ECA website and/or in a notice displayed on of the Auction bid sites used by ECA and you should read them as well. Announcements affecting an ECA Auction may also be given out orally before and during the Auction without prior written notice. You should be alert to the possibility of changes especially when bidding by telephone or online and ask in advance of bidding if there have been any changes made.

ECA acts solely for and in the interests of the Seller. ECA’s responsibilty is to sell the Lot at the highest price obtainable at an Auction to a Buyer. ECA does not act for Buyers in this role and does not give any advice to Buyers. When ECA or its employees makes statements about a Lot or it is doing that on behalf of the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding on them. 

Potential Buyers can make arrangements to view lots prior to any sale by contacting ECA.

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DEFINITIONS 

A. In these Terms: 

A.1 “Auction” means the auction sale in respect of which a Lot is offered for sale. 

A.2 “Auctioneer” means the representative of ECA conducting the Auction. 

A.3 “Buyer” means the only person whose bid is accepted by ECA to conclude the contract for the 

purchase of a Lot. 

A.4 “Buyer’s Premium” means the amount payable by the Buyer to ECA equal to 10%+VAT of the 

Hammer Price. 

A.5 “Catalogue” the catalogue relating to the relevant Auction includes any advertisement, brochure, estimate, price list or other publication or webpage relating to one or more Lots. 

A.6 “Contract” means the agreement to be completed by the Seller relating to the proposed sale of each separate Lot at the Auction. 

A.7 “Entry Fee” means the sum (exclusive of VAT), payable by the Seller for each Vehicle or lot entered into the Auction. This is to be negotiated at point of lot entry.

A.8 “Expenses” in relation to the sale of any Lot means ECA’s charges and expenses payable by the Seller in addition to the Seller’s Commission including insurance, storage, illustrations, auction Entry Fee, cleaning costs, photography costs, catalogue costs, special advertising, packing and freight of that Lot and any VAT thereon. 

A.9 “Hammer Price” means the price in pounds sterling at which a Lot is knocked down by the Auctioneer to the Buyer. 

A.10 “Lot” means any item(s) consigned to ECA with the view to its or their sale at Auction. 

B. Agent 

ECA acts as an agent for the Seller (except where ECA is selling as principal, which ECA will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. ECA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer. 

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C. Discretion
C.1 ECA has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.
C.2 If ECA is notified about the Seller’s alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. ECA may, however, deduct any sums that are due to it from the sum held. 

D. Viewings

By entering a vehicle or item of automobile into an auction, the seller grants consent to ECA to allow any prospective bidder view the item / vehicle prior to the auction.

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E. Lots
E.1 The Catalogue contains details about each Lot. The description displayed in the online Catalogue is given on behalf of the Seller, and may contain ECA’s opinion about the Lot, but in any event is not a contractual representation or warranty by ECA. 

E.2 Photographs, Illustrations and diagrams contained in the online Catalogue are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
E.3 Lots are available for inspection prior to the Sale and it is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if
relevant), origin, value and estimated selling price (including the Hammer Price).
E.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections. No warranty is issued or implied on any lot. 
E.5 The actual condition of a Lot may not be as good as that appears by its outward appearance. In particular, parts may have replaced or renewed and Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material. Given the age of many Lots they may
have been damaged and/or repaired and you should not assume that a Lot is in good condition.
E.6 Any person who physically interferes with, scratches or damages the Lot in any way (at, before or after the Auction) will be held liable for any loss so caused.
E.7 The Seller is responsible for delivering the Lot in a presentable and saleable condition. If additional cleaning is required it will be charged for by ECA to the Seller as an Expense.
E.8 If a Lot is not sold at Auction, ECA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller’s agent, and if successful will be entitled to charge the Seller’s Commission and Expenses.
E.9.1 The Seller gives ECA the full and absolute right to photograph and illustrate any Lot placed in its hand for sale, and to use such photographs and illustrations as are provided by the Seller at
any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement.
E.9.2 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of ECA, and any person wishing to use such materials, or any part of them,
may only do so with the prior written consent of ECA. 

F. Alterations and Estimates
F.1 Estimates and descriptions may be amended at ECA’s discretion from time to time by notice given orally or in writing before or during an Auction.
F.2 The Lot is available for inspection and any potential bidder must form their own opinion in relation to it. You are strongly advised to examine any Lot or have it examined by a specialist or engineer on your behalf before the Auction. 

F.3 ECA Gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not printed or displayed on line in any Catalogue, The estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at ECA’s sole discretion and should not be relied upon as an indication of the actual selling price. 

F.4 ECA shall not be liable to the Seller for any error or misrepresentation in or omission from the description of any lot in any Catalogue where ECA has:

F.4.1 been provided with such description by the Seller or any person on his behalf; or

F.4.2  Provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified ECA in writing within 7 days of any error or misstatement in or omission from the description. 

F.5 ECA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller. 

G. Warranty by the Seller
G.1 The Seller warrants to the Buyer and to ECA that:
G.1.1 the Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and
in particular that there is no outstanding finance affecting the Lot.
G.1.2 The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) ECA in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and
has provided ECA with all such information in the Seller’s possession or control.
G.1.3 If the Lot is a road going Motor Vehicle, it may lawfully be used on the public road and complies with all statutory provisions and that there is in force a test certificate required by law in relation to such use; OR ALTERNATIVELY the Seller has notified ECA in writing that the Motor Vehicle may not lawfully be used on the public road.
G.1.4 The Seller shall compensate ECA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms. 

H. Vehicle Registration Numbers
H.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify ECA in writing.
H.2 It shall be the Seller’s responsibility to take all necessary steps to ensure that the current vehicle registration number is retained and that a new number is allocated prior to the Motor Vehicle being sold at the Auction. 

I. Loss or injury 

ECA shall be under no liability for any injury, damage or loss sustained by any person while on ECA’s premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by ECA, its employees or agents in the ordinary course of their duties to ECA.

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J. Bidding and Reserves
J.1 Bidding in any Auction requires registration and approval, which must be carried out prior to the Auction. ECA Will not accept bids from any person who has not completed and submitted a registration form. Proof of identification will be required in the form of a passport or driver’s licence, together with a recent utility bill showing your current address, before the
registration process can be completed.
J.2 The Auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller, up to the Reserve on the Lot.
J.3 The Seller may place a Reserve on any Lot when they consign it to the Auction and once placed it may not be changed without the written consent of ECA. All Lots will be sold without Reserve unless a Reserve has been agreed by ECA in writing.
J.4 Where a Reserve has been agreed, only ECA at its absolute discretion may bid on behalf of the Seller.
J.5 If “No Reserve” has been placed on a Lot, ECA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.
J.6 ECA may sell a Lot below the Reserve agreed with the Seller, provided that ECA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at
that Reserve. 

K. Commission and Expenses
K.1 ECA shall be entitled to deduct from the Hammer Price and retain an amount equal to 3% of the Hammer Price for vehicles and 10% for automobilia, or such other sum agreed by ECA in writing (“Seller’s Commission”) plus VAT together with Expenses and any other sums due from the Seller to ECA.
K.2 The Seller acknowledges ECA’s right to retain the Buyer’s Premium payable by the Buyer. 

L. Insurance
L.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer on the fall of the hammer. It is therefore, the responsibility of the Seller to insure the Lot before the hammer falls and the responsibility of the Buyer to insure the Lot after the hammer falls.
L.2 ECA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by ECA, its employees or agents in the ordinary course of their duties to ECA and the Seller shall compensate ECA in full in respect of all other claims and proceedings brought against ECA in respect of any loss or damage to or destruction of the Lot.
L.3 ECA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence of ECA, its employees or agents in the ordinary course of their duties to ECA. The
Seller shall compensate ECA in full in respect of all claims and proceedings brought against ECA
in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of
any obligation under the Terms.

M. Payment of Sale Proceeds
M.1 Subject to ECA’s right of retention under Clause C.2 and other provisions of this Clause M, ECA shall pay the Sale Proceeds to the Seller not later than 15 Working Days after the Auction
provided that the Purchase Price has been received in full by ECA. Unless an alternative method
of payment has been agreed by ECA in writing, payment shall be made by BACS Bank transfer In
the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting
the Lot ECA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith. * Funds will only be transferred to a seller if they have provided ECA with UK bank details, proof of ID & address. (Eg recent utility bill, valid UK driving licence or valid passport.)
M.2 If the Purchase Price has not been received in full by ECA within the time specified in clause M.1 ECA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.
M.3 In respect of road registered Motor Vehicles, ECA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with ECA the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller’s possession
or control which he agreed with ECA to supply.
M.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, ECA will notify the Seller who may instruct ECA as to the appropriate course of action. ECA may endeavour to
assist the Seller but ECA shall be under no obligation to do so and shall not be under any
obligation to institute proceedings in its own name.
M.5 In the absence of any written instructions from the Seller to ECA within 7 days of ECA having notified the Seller under clause M.4 ECA shall be entitled to take any of the actions set out in
clause T:
M.6 Any monies recovered by and paid to ECA in consequences of ECA taking one or more of the steps referred to in clause M.5 shall be applied to the payment of:
M.6.1  Legal or other costs incurred by ECA in connection with such steps.
M.6.2 Expenses.
M.6.3 The Buyer’s Premium and the Seller’s Commission on the sale of the Lot.
M.6.4 Any balance remaining shall be paid to ECA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to ECA on demand.
M.7 If within 7 days after receipt of the notice referred to in clause M.5 the Seller informs ECA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by ECA so as to keep ECA fully recompensed. 

N. Withdrawal Fees
N.1 The Seller may not withdraw the Lot from the Auction. If ECA is unable to sell the Lot at the Auction due to action or interference by the Seller, the Seller shall be liable to pay ECA 15% of
the estimated value of the Lot plus VAT thereon together with Expenses. The estimated value
shall be the mid value estimated in the Catalogue.

O. Removal and Storage
O.1 The Seller shall arrange for the removal of any unsold Lot by 2pm the day following the Auction or by such other time as agreed by ECA.
O.2 Failure to remove any unsold Lot pursuant to clause O.1 above will entitle ECA to charge the Seller storage fees, insurance and other expenses and any costs incurred at the following rates: 

Motor Vehicle: 

2 days storage - £45 plus VAT Additional storage - £10 per day plus VAT 

Automobilia:

2 days storage - £20 plus VAT Additional storage - £5 per day plus VAT

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P. The Buyer
P.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at ECA’s absolute discretion.
P.2 Every bidder shall be deemed to act as principal, unless prior to the commencement of the Auction there is a written acceptance by ECA that a bidder acts on behalf of his principal and the true identity of the principal is noted on the registration form. 

Q. Buyer’s Premium 

The Buyers premium is set at 10% of the winning bid price plus VAT, subject to a minimum of £100 Plus VAT.

The Buyer shall pay the Buyer’s Premium to ECA and the Buyer acknowledges that ECA may also receive the Seller’s Commission due to ECA under Clause K. 

R. Payment
R.1 Once a lot is sold, the Purchase Price shall become immediately payable to ECA.
R.2 Full payment for all Lots must be made to ECA by 5:00pm on the day of the Auction. Payment can only be accepted in GBP. Payments to be made by BACS money transfer. Where the Buyer wishes to pay by cheque and ECA has agreed that the Buyer may do so, the Lot will not be released until the cheque has been cleared. In this instance, the buyer will be responsible for all storage fees incurred.
R.3 No Lot may be collected until the Purchase Price has been received by ECA and payments by a Buyer to ECA may be applied by ECA towards any such sums due from that Buyer to ECA on
any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
R.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by ECA.
R.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price and ECA will
not be responsible for any damage to or the loss or destruction of the Lot or any injury, loss or damage caused by the Lot unless caused by the negligence of or other breach of duty by ECA, its employees or agents in the ordinary course of their duties to ECA. The Buyer will compensate
ECA in full in respect of all claims and proceedings brought against ECA in respect of any loss or damage to the Lot or injury, loss or damage caused by it not arising from the negligence of other breach of duty by ECA its employees or agents in the ordinary course of their duties to ECA.
R.6 The Buyer shall, at his/her own expense, remove the Lot purchased but not before payment in full to ECA of the Purchase Price whether in respect of this or any other Lot. 

S. Responsibility for Purchased Lots
S.1 The Buyer will be responsible for loss or damage to a Lot purchased by him/her from the fall of the hammer. Neither ECA nor its employees or agents shall be responsible for any loss or damage
unless caused by the negligence of ECA, its employees or agents in the ordinary course of their
duties to ECA while the Lot is in ECA’s custody or under its control.
S.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the fall of the hammer (in accordance with Clause L).

S.3 DVLA will be notified of the change of keeper within 5 working days following receipt of payment, using the details from invoice, unless otherwise stated. 

T. Non-payment or Failure to Collect
T.1 If the Purchase Price is not paid in full, ECA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or
more of the following remedies:-
T.1.1 To remove, store (either at ECA’s premises or elsewhere) and insure the Lot at the expense of the Buyer.
T.1.2 To charge interest at a daily rate equal to 4% pa over Yorkshire Bank’s Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause R.2.
T.1.3 To retain that or any Lot sold to the same Buyer at the same or any other auction of ECA and to release it only after payment of the total amount due.
T.1.4 To apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in ECA’s possession for any purpose.
T.1.5 Take such steps as ECA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price.
T.1.6 To rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to ECA on its election and ECA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller’s Commission, Expenses and sums due to ECA which would have been payable had the contract not been rescinded.
T.1.7 To appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises ECA to take any of the courses referred to in this
clause, including the issue and prosecution of proceedings on the Seller’s behalf, and to settle
claims and/or proceedings made by or against the Buyer on such terms as the Seller shall
instruct, or in the absence of instructions on such terms as ECA shall at its absolute discretion
think fit.
T.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause
R.2, ECA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this
results in a lower price being obtained, the defaulting Buyer shall then pay to ECA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer’s failure to make payment and any surplus shall belong to the Seller.
T.3 If the Lot is not taken away on the date and time referred to in clause R.2, whether or not the Purchase Price has been paid, ECA shall store (either at ECA’s premises or elsewhere)
and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due. 

U. Liability of ECA and the Seller
U.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant
jurisdictions and for ensuring that any necessary test certificates are in force It is the
responsibility of the Buyer to carry out such inspection as he thinks necessary.
U.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by ECA, its employees or agents. 

V. Governing Law 

Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms relate or apply. 

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W. Notices
W.1 Any shall be deemed to have been received:-
W.1.1 if hand-delivered, at the time of delivery;
W.1.2 if sent by mail, two days after the date of posting.
W.2 In proving service by delivery:-
W.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
W.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class. 

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X. Data Protection

X.1 All information provided to ECA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.

X.2 ECA reserves the right to pass on information when required by legislation, government authorities or the courts.

X.3 ECA shall also have the right to use any personal information to notify you of further auctions and future events. Unless you notify us that you do not consent to receive notifications of future events. 

****Please note it is important that you thoroughly read & understand all the Terms and Conditions before entering a lot into ECA auction & also before purchasing any lot/s from an ECA auction.***