BPI Auctions Terms and Conditions

BPI Auctions Terms and Conditions for Buyers

Introduction and explanation

These terms and conditions are referred to as the Terms.

They apply to all bidders and potential bidders which includes those who take part in an auction we host even if they do not Register, submit a bid or do not buy anything. Some of the Terms only apply to people who take part in an Auction as an Individual and some only apply to Businesses. If applicable, a Term will state clearly whether it applies only to Individuals or whether it applies only to Businesses. If it does not state either way then the Term will apply to both.

In most cases, BPI does not own the goods and Items that We sell by auction. We sell as an agent on behalf of the Seller being the person or business who owns the Items. There is never any contract as between Us and You if you are a Successful Bidder in respect of any Items we Auction.

However, where BPI does sell an Item as the owner, these are specifically referred to as BPI Items and if this is the case it will say so in the Catalogue.

As such, it is important to understand that these Terms reflect both:

• Our Terms as between You as a bidder or potential bidder in an Auction and Us as the company running the auction; and
• The Terms which will apply between You as a Successful Bidder who enters into a Contract with the Seller of the Item/s.

1. Meaning of words

In these Terms the following words will have the following meanings.

Auction means an auction of Items organised and run by Us on Our Website for the sale of Items during the Auction Times

Auction Times means the date or periods of time an Auction is to take place which will be administered by Us online on Our Website and which may be extended as set out and explained in clause 5.3.

Auction Close means the date and time that an Auction will close as displayed on Our Website and as may be extended under the provisions of clause 5.3.

Bidder means You once You have Registered with Us and become a Participant to attend and take part in an Auction, and includes a Successful Bidder.

BPI Item means any Items that are owned by Us and which We are offering for sale by Auction as the Seller. These may be referred to as BPI Items or otherwise made clear that they are sold by Us and not as an agent on behalf of a third party Seller.

Business means a company, limited liability partnership, partnership, charity, or sole trader.

Buyer’s Premium means our charges which if You are a Successful Bidder must be paid to Us in addition to the Contract Price.  This is also known as, and may be referred to as, commission.

Catalogue means any specific details, conditions or terms We may publish on Our Website from time to time relating to any particular Auction.

Contract means the contract between You if You are a Successful Bidder and the Seller which is subject to these Terms.

Deposit means a deposit that may be payable by You in order to either take part in an Auction or bid for an Item which, if it applies, will be as set out and detailed in the Catalogue.

Identification means evidence confirming your identity being either a current passport or UK driving licence which will be confirmed and set out in the process of Registering if it is required by Us.

Individual means a private individual who is not a Business or acting in a role on behalf of a Business.

Item/s means either the goods, item or items offered for sale by Us as agent on behalf of the Seller by Auction or the goods item or items offered for sale by Us by Auction as a BPI Item.

H&S Legislation means all and any legislation and regulations (whether applicable in the United Kingdom or as may be applicable elsewhere in the world) relating to health and safety, which includes, but is not limited to, the Health and Safety Act 1974, the Environmental Protection Act 1990, the Control of Substances Hazardous to Health Regulations 2002 and the Furniture and Furnishings (Fire) Safety Regulations 1988.

Participant means applying to be a participant at any Auction once You have first Registered with Us, as set out in clause 3.9.

Price means the amount to be paid by the Successful Bidder which will be the amount they have bid plus the other amounts detailed in clause 8.1.

Register means registering with Us before You can then sign up to take part in an Auction as a Participant as set out in clause 3 and Registered and Registering will be construed accordingly.

Reserve means the reserve price or prices which is an amount below which a Seller has determined that it will not sell an Item offered for Auction.

Seller means either the Business or Individual who has appointed Us as an agent to offer an Item or Items it owns for Auction upon its, his or her behalf or Us if the Item is a BPI Item.

Services means the services We provide in offering Items for sale by Auction.

Statute means any relevant legislation, regulations, codes of practice of any government, local authority, or regulatory body relating to the use and / or removal and / or disassembling and / or transportation of an Item which shall include, but not be limited to, the H&S Legislation and the Road Vehicles (Construction and Use) Regulations 1986.

Successful Bidder means You if You are successful at an Auction by submitting a bid which is accepted by the Seller (or by Us upon the Seller’s behalf).

Terms means these terms and conditions which will apply (i) as between You and Us if You Register to participate in an Auction and also (ii) as between You as a Successful Bidder and the Seller in relation to the Contract and in both cases will apply to the exclusion of any other terms and conditions which You may seek to impose or may be implied by any previous dealings between You and Us.

Third Party is as set out in clause 3.8.

You / Your means the person who Registers with Us to participate as a Bidder or potential Bidder in any Auction and whether registering as an Individual or as a named person on behalf of a Business (or in either case on behalf of a Third Party).

We / Us / Our means BPI Auctions Limited. We are a limited company and our registered office address is at Ripley House Ripley Drive, Normanton, Wakefield, WF6 1QT. Our company registration number is 07279488. We are registered for VAT and our VAT number is 991821100.

Website means Our website www.bpiauctions.com

Writing / Written means anything in writing between You and Us which includes email.

2. Our legal role

2.1 Unless the Catalogue says that an Item is a BPI Item, We are not the Seller of an Item offered for sale at an Auction. We act in the role solely as an agent on behalf of the Seller. We then do not have any liability or responsibility for the acts or omissions of the Seller.

2.2 If the Item is a BPI Item, We are the Seller and We have liability and responsibility for the BPI Item offered for sale to You as a Successful Bidder.

2.3 If the Item is not a BPI Item, We have no liability or responsibility to You as a Successful Bidder.

2.4 A Contract is entered into between the Successful Bidder and the Seller.

3. Registering and Participation in an Auction

3.1 You must Register with Us in the first instance before You can register to take part in an Auction as a bidder or potential bidder. Please note the particular warranty if You are a person acting in your role in a Business under clause 3.7 and the particular warranty if You are Registering as an Individual or Business as an agent on behalf of a Third Party under clause 3.8. Once You have Registered, to take part in an Auction You must become a Participant (see clauses 3.9 and 3.10).

3.2 You must provide Us with the following details to Register:

(a) Your full name;

(b) Your Business name (if You are acting in Your role in a Business);

(c) Your home address if You are an Individual or Your Business address if You are a Business;

(d) Your email address;

(e) Your Identification (if required);

(f) If acting on behalf of a Third Party, details of the identity of that Third Party;

(g) a contact telephone number to be verified by text message; and

(h) If You are acting in Your role in a Business, the industry in which the Business is involved or operates.

3.3 We may need further information from You and if so We will let You know if this is the case as soon as We reasonably can do so. If You do not give Us this information within a reasonable period of time of Us asking You for it then we may fairly consider that you do not wish to proceed to be Registered. If You give Us information that is inaccurate We may refuse or terminate Your entitlement to participate in any Auction and We may make an additional charge of a reasonable amount to compensate Us for any additional work or time that We incur as a result. We will not be responsible for any delay or failure for You to participate in an Auction  if this is caused by Your failure to give Us the information, or by giving Us inaccurate information, within a reasonable period of time.

3.4 In addition, You must confirm to Us that You accept and agree to these Terms.

3.5 These Terms will apply and you will be bound by them once You have accepted them and completed the Registration process.

3.6 You confirm and warrant that You are over 18 years of age.

3.7 If You are Registering on behalf of a Business, You confirm and warrant that;

(a) You have the authority to do so and to enter into any Contract so as to bind the Business to the Contract; and

(b) You guarantee the performance of the Contract and to abide by these Terms on behalf of the Business.

3.8 If You are Registering (either as an Individual or a person in a Business) as an agent on behalf of someone else (Third Party), You confirm and warrant that:

(a) You will disclose this to Us in writing by email during the Registration process and provide details of the Third Party;

(b) You have the necessary authority, right and power to represent the Third Party and to enter into a Contract upon the Third Party’s behalf so as to bind them to that Contract; and

(c) You are guaranteeing the performance of any Contract entered into by the Third Party and that You are jointly and severally responsible for its performance.

3.9 Once You have Registered, You can take part in an Auction. In order to do so, You must first become a Participant. In order to do so, You must provide:

(a) Any Deposit payable in respect of an Auction for which You are to be a Participant. Deposits must be paid by bank transfer, debit or credit card via the payment link. Please see clause 3.10.

3.10 If You have paid a Deposit to be a Participant at an Auction, this Deposit will be applied by Us against the Price of an Item (or Items) if You are a Successful Bidder. If You are not a Successful Bidder, We will return the Deposit to You within 14 days to the account, Debit or Credit Card used by You to pay the Deposit.

4. The Conduct of Auctions including Our Obligations to You

4.1 Our Auctions are all conducted on line via our Website. You are able to view Items in advance. Please see clause 7.

4.2 We give no warranty, assurance nor guarantee that the use of the Website will be guaranteed, uninterrupted or error free and We will not be liable for any failure of or delay in the use of the Website.

4.3 We may set a Reserve in respect of any Item offered for sale and;

(a) may change the amount of the Reserve at any time, including during the Auction Dates; and

(b) may refuse to provide details of the Reserve, including whether a Reserve has or has not been set, and if so what the amount of the Reserve is, at Our discretion.

4.4 You agree that You will comply with Our Website terms of use and with any policies or notifications We may post on the Website at any time.

4.5 We may:

(a) withdraw an Item from an Auction at any time, including after any bid has been made;

(b) refuse to accept any bid from You;

(c) refuse to allow You to participate in any Auction;

(d) sell an Item by private treaty before or after an Auction whether or not a bid has been made but before it has been accepted under clause 5.2; and

(e) bid or place bids for an Item up to the Reserve as agent on behalf of the Seller, Us or any third party.

4.6 If You make a bid for an Item, You may not withdraw the bid unless We expressly agree with You that You can do so.

4.7 You are responsible for ensuring that You read and understand the description and details of an Item offered for sale at an Auction. This includes reading and following any information or conditions in the Catalogue that We may publish before or during the Auction.

4.8 We are not responsible to You if something happens that is beyond Our control and which means that  Auction Time/s are not met.

5. Contract

5.1 The display of Items for Auction on our Website, or otherwise, does not constitute an offer for sale but an invitation to treat. If You make a bid for an Item You are making an offer to buy that Item which may be either accepted or rejected by Us (which, if it is not a BPI Item, is as agent on behalf of the Seller). That offer is subject to these Terms and any information and conditions set out in the Catalogue.

5.2 It is entirely at Our discretion and / or the Seller’s as to whether to sell an Item to the highest bidder. Either We or the Seller may refuse to do so. A Contract will be entered into between the Successful Bidder and the Seller at the time of the Auction Close once We have confirmed the same to the Successful Bidder, whether or not that is the Individual or Business who has submitted the highest bid.

5.3 If a bid is made three minutes (or any other time period) before the Auction Close, the Auction Times will be reset to three minutes (or other time period given). There shall then be a continuing timer reset to three minutes (or other time period given) each time a bid is made three minutes (or other given time period) before the extended Auction Close time until no further bid is received three minutes (or other given time period) before the extended Auction Close time.

5.4 If the Reserve is not achieved, We shall be entitled to accept any bid made below the Reserve on behalf of the Seller at our discretion.

5.5 You have no right to withdraw a bid or from a Contract with the Seller once the Contract has been made.

6. Risk and Title

6.1 Unless it is a BPI Item, We are acting as an agent of the Seller and We do not give any warranty as to the Seller’s legal title to and ability to sell an Item.

6.2 The legal title to an Item will not pass to a Successful Bidder until payment in full for the price agreed has been received.

6.3 This clause applies to Businesses only. The risk in an Item pass to a Successful Bidder at the time the Contract is made. We recommend that You have appropriate insurance cover in place from this time.

6.4 This clause applies to Individuals only. The risk in an Item will not pass to a Successful Bidder until the Item is collected by the Successful Bidder (and which shall include during the process of collecting the Item from its location).

6.5 The Successful Bidder acknowledges and agrees that it is aware that the Seller may be acting in a role on behalf of an insolvent individual or business and in such case that the Seller is only able to pass the right or title it has in relation to an Item. Neither We nor the Seller can therefore warrant that an Item is free from encumbrances.

7. Condition of Items

7.1 All Items are open for viewing and inspection and We strongly recommend that You do this before making a bid for any Item. You acknowledge that You have been given this opportunity and it is Your responsibility to ensure that You are satisfied and aware of an Item’s fitness for purpose or use, satisfactory quality, suitability, age, value and overall quality.

7.2 In order to carry out a viewing, please contact Us either by email by using the “Send an Enquiry” link on Our Website or by telephone on 01924 245040. We will then provide You with the appropriate details and make the necessary arrangements, or provide You with details as to how to do so.

7.3 Items are sold “as seen” subject to any faults, defects or imperfections, the provisions in this clause 7 and anything that may be set out in the Catalogue.

7.4 Any photographs or images of an Item We provide are only for the purposes of illustration and the Item may vary from the photograph or image.

7.5 Any descriptions We give relating to an Item are only for the purposes of identification and relate to the main characteristics of an Item.

7.5 This clause does not apply to Individuals. Where details of any faults, defects or imperfections in an Item are not set out in the Catalogue there is no implied warranty or assurance as to the condition of an Item, any faults, defects or imperfections. As such, the Seller does not give any warranty, condition, or guarantee (either express or implied) as to the fitness for purpose, satisfactory quality, age, condition or suitability of any Item and all express or implied conditions are excluded from the Contract.

7.6 We are unable to give any additional written or verbal information about an Item’s age, appearance, or condition over and above that set out in the main characteristics in the Catalogue.

7.7 Items are not sold new (unless stated otherwise).

7.8 Items are not sold by way of sample.

7.9 This clause applies only to Businesses. Neither We nor the Seller are liable for any form of loss or damage You may incur that arises out of any error in description, any negligent mis-statement, deficiency or failure in or of an Item unless caused by Our or the Seller’s negligence.

7.10 This clause only applies to Businesses. All other conditions, warranties and implied terms are excluded from a Contract to the fullest extent permitted by law.

7.11 This clause only applies to Individuals. We do not limit or exclude any condition, whether express or implied, set out in the main characteristics in the Catalogue.

7.12 You acknowledge that an Item may contain hazardous materials or components and may be subject to H&S Legislation and that an Item may not comply with H&S Legislation at the time it is sold by Auction.

7.13 You acknowledge and agree that it is Your responsibility to comply with H&S Legislation in respect of an Item that You Contract to purchase as a Successful Bidder which shall include when attending for the collection, removal and transportation of an Item under clause 9 or clause 10.

8. Price and Payment

8.1 The Successful Bidder will pay once a Contract has been entered into:

(a) the amount of his, her or its bid;

(b) any Buyer’s Premium and other fees or charges noted in the Catalogue;

(c) VAT upon the above at the prevailing rate at the time of Contract (unless otherwise stated that VAT is not chargeable).

Any Deposit will be applied against and deducted from the above.

8.2 Payment is due from a Successful Bidder immediately upon a Contract being entered into. The time for payment is of the essence in the Contract. Clauses 8.7 and 11.1 shall apply where payment is not received in full within 48 hours of the time of Contract.

8.3 Payment shall be made in pounds sterling. 

8.4 The Successful Bidder shall make payment by way of bank transfer or by debit or credit card via the link on Our Website. Please ensure that You quote the appropriate reference for the Item when making payment. We cannot accept payments via American Express. 

8.5 The Successful Bidder shall make payment in full and has no right of set-off.

8.6 You as a Successful Bidder acknowledge and agree that until payment has been received in full and in cleared funds You will not be entitled to collect or expect delivery of an Item.

8.7 In the event of late payment, then We may charge You interest on the unpaid amount at 4% a year above HSBC bank base rate from time to time, but at 4% a year for any period when that base rate is below 0%. This provision is without prejudice to our other rights and remedies We or the Seller may have. You must pay Us interest together with any overdue amount.

8.8 In the event of late, or non payment, then You will be likely to incur additional fees and charges as a result of legal action being taken by the Seller against You.

8.9 Payments over £5,000 made over the telephone, or in person, by bank or credit card will attract and be subject to an additional charge of 1.5% of the Invoice Total which will be added to the amount to be paid.

9. General Collection

9.1 It is the Successful Bidder’s responsibility to arrange to collect the Item/s it has Contracted to buy from the Seller, or if notified otherwise within the Catalogue, the location stated.

9.2 Neither We nor the Seller are responsible for delivering Items to the Successful Bidder or any third party nominated by the Successful Bidder. You are solely responsible for the costs of attending, collecting or removing the Items.

9.3 Items must be collected by the Successful Bidder or a nominated representative notified in advance to Us. We may require evidence of identity and / or authority to collect before We or the Seller release any Item.

9.4 Items will not be released to a Successful Bidder until payment has been received in full pursuant to clause 8.

9.5 Items must be collected within seven days of the Auction Close (unless We have agreed in writing with You otherwise or as set out in the Catalogue). The time for collection is of the essence. We are entitled to charge storage for Items not collected on time at the rates set out on Our Website. These additional storage charges must be paid in full before the Items are released.

9.6  This clause only applies if the Successful Bidder is an Individual. If an Item is not collected within the period set out in clause 9.5, the Price is not paid on time, or if the additional storage charges are not paid, this will amount to a breach of Contract by You and We may resell or re-Auction the Item on behalf of the Seller and additional charges of re-Auction or sale may be incurred. We will account thereafter in reasonable time to You for any surplus money We obtain over and above the amount You were due to pay to Us and the Seller (including storage fees and any additional charges incurred through re-Auction or sale). If We are unable to sell or re-Auction the Item for an amount that is more or equivalent to the amount that is due to the Seller and Us under the Contract (including storage fees and any additional charges incurred through re-Auction or sale) then You will be liable to pay to Us and the Seller the shortfall.

9.7 This clause only applies if the Successful Bidder is a Business. If an Item is not collected within the period set out in clause 9.5, the Price is not paid on time, or if the additional storage charges are not paid, this will amount to a breach of Contract by you and as such We may resell or re-Auction the Item on behalf of the Seller. Additional charges of re-Auction or sale may be incurred.  If We are unable to sell or re-Auction the Item for an amount that is more or equivalent to the amount that is due to the Seller and Us from You under the Contract (including storage fees and any additional charges incurred through re-Auction or sale) then You will be liable to pay to Us and the Seller the shortfall.

9.8 The Successful Bidder will ensure that Items are removed and taken with care. The Successful Bidder is responsible for any damage caused to any goods, items, property or building when removing an Item.

9.9 This clause applies only to Businesses. The Successful Bidder shall ensure that he, she or it has adequate insurance to cover any damage caused by the removal and collection of an Item, to include public liability and employer liability.

9.10 This clause applies only to Individuals. We advise and recommend that the Successful Bidder has adequate insurance to cover any damage caused by the removal and collection of an Item.

9.11 If the Item comprises software or computer equipment which contains software, the intellectual property in the software will remain with the copyright or licence holder and does not pass to the Successful Bidder with the Item.

10. Collection of larger Items or Items fixed at a location

10.1 If an Item needs to be dismantled for the purposes of removal, it is Your responsibility as a Successful Bidder to arrange this and to be responsible for the cost of doing so. It is Your responsibility to inspect Items to assess whether this is necessary.

10.2 This clause only applies to Businesses. On occasion, some Items may either need to be removed to enable and facilitate the release of other Items to third parties or You may have to wait until a third party has removed their Items before You can appropriately collect Your Item. This will be set out in the Catalogue, and if that is the case then You will assist and comply with Our reasonable requirements either to collect Items before the expiry of the seven days (or otherwise stated time frame) from the Auction Close or to wait until such other Items have been removed. In the event that You do not comply with our requirements and We have to remove Your Item/s from the location or to another area of the location, We shall be entitled to charge You for our reasonable costs incurred in doing so.

10.3 If an Item is a fixture in a building or affixed to any thing (including any other goods), You are responsible for and for the costs of:

(a)          safely removing the Item;

(b)          dismantling or disconnecting the Item from the building or anything to which it is affixed;

(c)           making good any damage caused to the building or anything to which it is affixed;

(d)          complying with any planning permissions;

(e)          the use of all equipment;

(f)           complying with and responsibility for H&S Legislation;

(g)          complying with and responsibility under Statute.

10.4 You agree that You will indemnify the Seller for any breach of or non-compliance with clause 10.3.

10.5 We, or where we are not the Seller, We or the Seller may halt the clearance of an Item from its location if You fail to abide by Your obligations under clause 9 or clause 10 and set out what appropriate measures need to be put in place for the safe removal of an Item to comply with these provisions. You agree that You will abide by and follow these measures at Your own cost.

11. Termination and effects of Termination

11.1 If the Successful Bidder fails to make payment in line with clause 8 and / or fails to comply with the time for collection of an Item or Items under clause 9, and / or fails to comply with clause 10, without prejudice to any other right or remedy We or the Seller may have, We as agent or the Seller as principal may terminate the contract by notice given in writing and the provisions of clause 9.6 will apply if the Successful Bidder is an Individual and the provisions of clause 9.7 will apply if the Successful Bidder is a Business.

11.2 In the event that after a Contract has been entered into:

(a) it is established that the sale of any Item is unlawful for any reason;

(b) a product recall notice is issued in respect of an Item;

(c) a government body or regulatory body issues a restriction or prohibition preventing the sale of an Item;

The Contract shall be deemed as having been terminated. In such event, if the Item has already been collected by the Successful Bidder, then the Successful Bidder shall take appropriate steps to return the Item to the Seller immediately upon notice from Us at the Successful Bidder’s expense.

11.3 In the event of termination under clause 11.1, We and / or the Seller shall be entitled to:

(a) retain any money already paid by the Successful Bidder;

(b) re-sell or re-Auction the Item;

And clauses 9.6 and 9.7 (as appropriate) will apply.

12. Data Protection

12.1 We will collect personal data from You when You Register.

12.2 We will process Your personal data for the purpose, and the lawful basis, set out in Our privacy policy. Our privacy policy can be found on Our Website.

13. Liability

13.1 This clause only applies if You are an Individual. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking the Contract or Our failing to Use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it may happen.

13.2 This clause only applies if You are a Business. Subject to clause 13.4;

(a) Our and the Seller’s total liability to the Successful Bidder shall not exceed the price paid or bid to be paid for an Item.

(b) The following types of loss are wholly excluded:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss.

13.3 The Successful Bidder shall indemnify Us and the Seller against all liabilities, costs, claims, expenses, damages and losses (which shall include any direct, indirect or consequential losses, loss of profit loss of reputation, penalties, interest and costs incurred or suffered) which arise out of the termination of a Contract under clause 11.1. This shall include and charges or expenses incurred as a result of any re-sale or re-Auction of the Item/s.

13.4 We do not exclude or limit any liability to You where it would be unlawful to do so. This includes liability for death or personal injury that is caused by Our negligence, nor any liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be lawfully excluded.

14. Consumer Legislation compliance

Please note that this clause 14 only applies if You are an Individual.

14.1 You acknowledge that a sale by Auction of Items which are second hand is not a consumer sale for the purposes of Part 1 of the Consumer Rights Act 2015, except as set out by Section 2 of that Act, and You will not seek to rely upon any conditions or warranties implied under that Act.

14.2 For details and information relating to rights under the Consumer Contracts (information, Cancellation and Additional Payments) Regulations 2013 please see here

15. Miscellaneous

15.1 A Contract is between the Seller and You. No other person will have any rights under a Contract or to enforce the terms of the Contract.

15.2 In the event that a court should decide that any of the provisions of these Terms is invalid or unenforceable, that will not affect the rest of the Terms which will continue to apply.

15.3 If We or the Seller delay in enforcing any part of the Contract We or the Seller will still be able to enforce it later. If We or the Seller do not insist that You do something straight away, or if We or the Seller delay, that does not mean that You do not have to do it and We or the Seller can insist You do it at a later date and it will not prevent Us or the Seller from taking steps against You at a later date.

15.4 These Terms are prepared by our legal representatives and are copyright to them although We are granted a licence to use them.

15.5 Other than set out in clause 15.6, no variation of these Terms shall be effective unless made in writing between Us and You.

15.6 We may vary these Terms at any time to take into account changes to our systems, changes to law, changes to Our Website or other technology including payment arrangements. We will not notify You of these changes but they will be made to the Terms on Our Website and will take effect immediately from the date they are changed. You are advised to continually check the Website for any such changes.

15.7 This clause does not apply to Businesses. Nothing in these Terms affects Your legal rights if You are entering into this Contract as an Individual (that is, not on behalf of a Business).

15.8 These Terms and the terms of any Contract will be the entire agreement between Us and You and You and the Seller. Any statements made by or upon Our behalf by Us or the Seller do not form part of a Contract.

15.9 You acknowledge that in entering into the Contract You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Catalogue. Each party to a Contract agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract, these Terms or the Catalogue.

15.10 A Contract does not give any rights to anyone one else under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

15.11 If there is any conflict between these Terms and a Catalogue, then the Catalogue will take precedence.

15.12 Unless it is a BPI Item, We act as agent for the Seller and We shall not have any liability for the acts or omissions of the Seller or anyone else.

15.13 These Terms and the Contract are governed by and subject to English law.

15.14 This clause 15.14 only applies if You are a Business. You and We irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with a Contract, its subject matter or formation, including these Terms.

15.15 This clause 15.15 only applies if You are an Individual. Wherever you live you can bring claims against Us or the Seller in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against Us or the Seller in the courts of the country you live in. We or the Seller can claim against you in the courts of the country you live in or in the courts of England.

ADDITIONAL CONDITIONS OF SALE

Shipping:

Shipping is available from Our premises in Wakefield at additional costs. Our shipping quotes are given after the sales invoice is cleared. We use third parties to quote and therefore the price We are given reflects the price given to the Buyer. If the Buyer does not wish to accept the quote, then the Buyer must arrange their own collections.

The Buyer accepts full responsibility for the condition upon arrival from both Us and Sellers. We and Sellers will not be held responsible for any damages in transit and therefore will not honour refund requests or replacements. Please note we do not offer shipping for vehicles.

We and Sellers will package items to the best of their ability to reduce the chances of damages.

Any arrangements made directly between a Buyer and a third party carrying out collections will be subject to the terms and conditions of that third party.

Finance:

If Buyers wish to purchase Lots with the help of a finance company they should make arrangements well in advance of the sale to ensure that they are able to make payment in accordance with the Terms and Conditions for Buyers.

Overseas Buyers:

Overseas Buyers should ensure that the country to which the items are destined:-

• holds no import restrictions on the goods to be purchased;
• has no import licence restrictions or a restriction on currency allocation;
• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Our bank.

Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The Seller or Us will be pleased to advise accordingly.

We make no representation and accept no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns:

All overseas Buyers (EU and non-EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Seller is unable to refund the VAT on the Buyer’s Premium to non-EU countries.