Welcome to the Bidspotter.co.uk Web Site (the "Web Site"), your portal to timed and live auctions. The services provided by Bidspotter.co.uk ("Bidspotter.co.uk") through the Web Site ("Service" or "Services") and the use of the Web Site are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Web Site or by registering as a buyer ("Buyer" or "User"), you agree that (1) you have read and familiarized yourself with the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) your use of the Services and the Web Site will be in accordance with the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Web Site. The Terms and Conditions together with any additional terms and conditions specific to a particular auction (incorporated herein by reference) constitute the entire agreement (the "Agreement") between Bidspotter.co.uk and User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter

Amendment of Terms and Conditions. Bidspotter.co.uk may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at Bidspotter.co.uk's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Web Site. User is encouraged to periodically review the Terms and Conditions posted on the Web Site. Use of the Services and the Web Site constitutes acceptance of the Terms and Conditions including any amendments thereto.

Role of Bidspotter.co.uk. Bidspotter.co.uk provides the Services and the Web Site solely as a forum or venue in which licensed auctioneers and individual consignors ("Sellers") may offer assets for sale and Buyers may place offers to purchase these assets. Bidspotter.co.uk is neither a principal interested in the transactions, nor an agent of Buyer or Seller. Bidspotter.co.uk does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets or offerings, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings. Additionally, Bidspotter.co.uk makes no representation or warranty of any kind as to the ability of either Buyer or Seller to complete a sale in accordance with these Terms and Conditions or otherwise, and in accordance with any additional terms and conditions specific to a particular auction. Bidspotter.co.uk does not have the power to transfer title to any assets offered by Sellers. Bidspotter.co.uk retains sole discretion to remove any User who does not comply with the Terms and Conditions. However, Buyers are solely responsible for independently verifying the background of those Sellers with whom they enter into, or with whom they prospectively will enter into, a bid transaction. In the event of any dispute regarding any transaction conducted through use of the Services or the Web Site (a "Dispute"), User hereby releases Bidspotter.co.uk, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

Changes to Services and/or Web Site. User acknowledges and agrees that Bidspotter.co.uk may change, modify, amend, suspend or discontinue any aspect of the Services or the Web Site, at any time, without notice and without liability to User or to any third party. Bidspotter.co.uk reserves the right to impose limits on certain features of the Services or the Web Site, at any time, without notice and without liability to User or to any third party.

Registration. The Services and the Web Site are only available to persons with the legal capacity to enter into this Agreement. If you are under the age of 18 and wish to bid for an item on Bidspotter.co.uk, only your parent or legal guardian may register, place a bid, or purchase the item Bidspotter.co.uk may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Services and the Web Site.

Password and Security. Help protect yourself. As a User you are solely responsible for maintaining the confidentiality of your User name and User password. Since this information allows access to your account, which includes your credit card numbers, keep it as much to yourself as you would keep any credit card number or PIN. User is obligated to complete those transactions that occur using your User name and User password, whether such transactions are authorized or unauthorized. You agree that you shall immediately notify bidspotter.co.uk in writing or by electronic mail to support@bidspotter.co.uk of any unauthorized use of your User name or User password.

Auction Content. Bidspotter.co.uk is not responsible for the quality, accuracy, reliability, legality or completeness of any Seller provided content. Buyer is solely responsible for verifying the quality, accuracy, reliability, legality and competitiveness of all Seller provided content, including any Seller Information.

User Conduct. User represents, warrants and covenants that its use of the Services and the Web Site shall not:

1. violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law;
2. impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
3. forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
4. upload, post, transmit, publish, or distribute any material or information for which User does not have all necessary rights and licenses, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
5. interfere with or disrupt the use of the Services or the Web Site by any other User, nor "stalk", threaten, or in any manner harass another User; (f) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be permitted by the use of the Services or the Web Site as provided for herein);
6. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Web Site, or that of other computer systems;
7. use the Services or the Web Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
8. upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
9. upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
10. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Web Site, or any component thereof (including, but not limited to any materials or information accessible through the Web Site).

Buyer Conduct. In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, and (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset and (4) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Buyer acknowledges and agrees that it shall be responsible for the payment of all amounts owed for a winning bid including but not limited to applicable taxes and Buyer's Premiums.

Buyer's Premium. In connection with a listed auction, Seller may charge each Buyer a Buyer's Premium ("Buyer's Premium") upon the completion of a successful transaction, or some other amount at the sellers sole discretion. For more details regarding whether a Buyer's Premium applies to a particular auction and to what extent, including the amount of such Buyer's Premium, please view the appropriate auction event detail page on the Web Site. Any purchase offer that you make on the Web Site indicates your express agreement to pay all amounts due, including any applicable Buyer's Premium.

Withdrawal of Auction/Auction Assets. User acknowledges and agrees that assets in an auction may be withdrawn or sold prior to the end of the designated auction period, and/or that the auction may be discontinued, either temporarily or permanently, all without notice to User.

Termination. Bidspotter.co.uk expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Web Site by any person or entity, at the sole and absolute discretion of Bidspotter.co.uk, for any reason or for no reason.

Price Manipulation/Bid Rigging. Collusion between Users or any form of price manipulation or bid rigging is strictly prohibited.

Taxes. Bidspotter.co.uk is not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority. User expressly agrees and warrants that it shall comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. Users agree to defend, indemnify, and hold harmless Bidspotter.co.uk from and against any and all damages, penalties, costs and expenses incurred by or imposed upon Bidspotter.co.uk resulting from any failure by User to comply with applicable tax laws.

No Relationship. User and Bidspotter.co.uk are independent contractors. Neither party is an agent, representative, broker, employee, or partner of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.

Links to Third Parties. The Services and the Web Site may provide links to the web sites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by Bidspotter.co.uk of such Sites, or the products, content, materials or information presented or made available by such Sites. User acknowledges and agrees that Bidspotter.co.uk is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material or information presented by or available through such Sites.

Downloading Information/Material. User hereby releases Bidspotter.co.uk, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Web Site.

Choice of Law. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to the principals of conflict of laws. The parties submit to the exclusive jurisdiction of and venue in the Superior Court of St. Joseph County, Indiana. Each party hereby waives all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If court proceedings are required to enforce any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable costs and expenses of litigation and any appeal, including reasonable attorneys' fees.

Indemnification. User will defend, indemnify and hold harmless Bidspotter.co.uk, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to:(1) the use of the Services or the Web Site by User; (2) any breach or violation of these Terms and Conditions by User ; (3) any breach of any of User's representations, warranties and covenants; (4) any claims arising out of or related to the goods or services sold through the Web Site; or (5) any claims arising out of or related to Buyer's non-performance of its obligations including but not limited to the obligation to complete transactions and to pay all amounts owed.

Disclaimer of Warranties. THE SERVICES AND THE WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bidspotter.co.uk DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Bidspotter.co.uk MAKES NO WARRANTY THAT THE WEB SITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT BY POSTING AN ASSET ON THE SERVICES OR THE WEB SITE, THE POSTED ASSET WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OF THE WEB SITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES OF THE WEB SITE. Bidspotter.co.uk MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Bidspotter.co.uk OR THROUGH THE SERVICES OF THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Bidspotter.co.uk EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER. AUCTION HOUSE IS RESPONSIBLE FOR FINAL INVOICING OF ITEMS PURCHASED. EMAIL NOTIFICATION OF WINS AND BIDS REPORT ACCESSIBLE WITHIN LIVE BIDDER INTERFACE IS MERELY A REFERENCE POINT AND NOT A FINAL INVOICE OR CONFIRMATION OF WINNING BIDS. Limitation of Liability. IN NO EVENT SHALL Bidspotter.co.uk BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Bidspotter.co.uk TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEB SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Notices. Notices shall be given:

To Bidspotter.co.uk: By email legal@Bidspotter.co.uk.

To User: By email at the email address as reflected in User's registration information.

Notices to User shall be deemed to have been received twenty-four (24) hours after the email is sent. Notices to Bidspotter.co.uk shall be deemed to have been given three (3) days after the date of mailing by certified mail.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Waiver. The failure of Bidspotter.co.uk to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.

Bidder Users Terms & Conditions

1. OUR AGREEMENT

By accessing Bidspotter.co.uk Website (currently www.bidspotter.co.uk or such other site or sites we use to provide the Services as notified to you from time to time) or being linked to these terms from the site of an auctioneer ("Auctioneer") which is powered by bidspotter.co.uk ("Auctioneer Site") in order to receive the Services and/or by registering to receive the Services (whether through the Website, the Auctioneer Site, or otherwise) you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the "Bidder User") and Bidspotter.co.uk. These terms and conditions are additional to Bidspotter.co.uk general website terms and conditions and the Auctioneer Site's general website terms and conditions (if applicable) which also apply (provided that in the event of any conflict or inconsistency these terms and conditions shall prevail). Before you use the Website and/or the Auctioneer Site in order to receive the Services or make any use of the Services you must read, understand, agree and accept these terms and conditions of use. If you do not, then you must not use the Website or the Auctioneer Site to receive the Services and/or make any use of the Services.

These terms and conditions are subject to change. Bidspotter.co.uk reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website, the Auctioneer Site and/ or notifying Bidder Users by e-mail. Amended terms and conditions shall become effective; (1) for new Bidder Users immediately; (2) for existing Bidder Users 30 days from the date of posting.

These terms and conditions were last updated on 11 January 2010 and replace all previous terms and conditions.

2. SERVICES PROVIDED BY BIDSPOTTER.CO.UK TO BIDDER USERS

Subject to the Bidder User's compliance with its obligations under these terms and conditions, Bidspotter.co.uk will endeavour to provide some or all of the following services ("Services") to the Bidder User depending on the Services to be provided to the Bidder User in question:

• Access to static timed auctions. A timed auction will either be 1) open to all registered and approved Bidder Users; or 2) restricted to a defined group of Bidders Users according to the Auctioneer's chosen criteria (each of 1) and 2) being collectively and individually a "Timed Auction");
• Access to silent auctions where Bidder Users cannot see other Bidder Users bids;
• Access to live webcasts of live real-time auctions ("Live Events");
• Access to an online catalogue in connection with Live Events.
• The provision of a web-based facility to Bidder Users designed to support static or real time online bidding (as applicable), where the Bidder User has registered with the Auctioneer through the Services and has been approved in order to be able to bid in the auction in question.

Bidspotter.co.uk reserve the right to change, modify or remove all and any of the Services at any time (with or without notice to the Bidder User) and without reason.

Bidspotter.co.uk and/or any Auctioneer may terminate, restrict and/or refuse the Bidder User's use of the Website, the Auctioneer Site and/or the Services and/or remove or alter any content at any time and for any reason.

3. RESPONSIBILITIES OF THE BIDDER USER

3.1 BIDDER USER ACCESS

Those under 18 (eighteen) years of age are not permitted to access the Website, the Auctioneer Site and/or the Services.

Those who have been barred, refused or suspended by Bidspotter.co.uk or any Auctioneer are not permitted to access the Website, the Auctioneer Site and/or receive the Services.

Those who access the Website, the Auctioneer Site and/or receive the Services on behalf of their business, warrant that they have authority to bind that business.

3.2 REGISTRATION AND USER CREDENTIALS

The Bidder User must register with Bidspotter.co.uk in order to use the Website (if the Bidder User is accessing the Services through the Website) and in all cases to receive the Services and must also register with and be approved by the Auctioneer in advance in order to be able to bid in any auction. The Bidder User will supply all information requested by Bidspotter.co.uk and/or the Auctioneer in order to register and represents, warrants and undertakes to Bidspotter.co.uk and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. Bidspotter.co.uk and the relevant Auctioneer are entitled to rely on any information provided by the Bidder User.

Bidspotter.co.uk and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of Bidspotter.co.uk and/or the Auctioneer.

On registration a Bidder User will be allocated a unique user ID which must be used in conjunction with the Bidder User password, these are known as User Credentials.

The Bidder User's access to the Website, the Auctioneer Site (to the extent applicable) and/or the Services must only be achieved using these User Credentials

The Bidder User must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the Bidder User for the purpose of ensuring the Bidder User has access to the Website, the Auctioneer Site (to the extent applicable) and use of the Services. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the Bidder User must immediately notify Bidspotter.co.uk by email at support@bidspotter.co.uk.

The Bidder User shall be liable for any use of the Website, the Auctioneer Site (to the extent applicable) and/or Services made using the User Credentials and for any misuse of the User Credentials.

3.3 PROTECTING BIDSPOTTER.CO.UK AND THE SERVICES

The Bidder User warrants and undertakes that:

• its access to and use of the Website, the Auctioneer Site (if applicable) and the Services will not cause Bidspotter.co.uk any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Bidspotter.co.uk, or cause the Website, the Auctioneer Site (if applicable) or the Services to become less efficient, less effective, or less functional;
• the Bidder User will not impose unreasonable stress, burden, or demand on the Website, the Auctioneer Site (if applicable) or the Services;
• the Bidder User will comply with Bidspotter.co.uk instructions regarding the use of the Website, the Auctioneer Site (if applicable) and the Services from time to time and also will not bypass measures to prevent or limit access to the Website, the Auctioneer Site (if applicable) or the Services;
• the Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Bidspotter.co.uk;
• the Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website, the Auctioneer Site (if applicable) or the Services other than in order to bid for goods using the Services;
• the Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website, the Auctioneer Site (if applicable) or the Services (by spidering or otherwise) or enable or permit others to do so; and
• The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.

3.4 NO SNIPING

Bid sniping, whether manual or automated, is strictly prohibited on the Website and the Auctioneer Site (if applicable) and the Bidder User warrants and undertakes that the Bidder User will not place or permit to be placed any bids on any lots in any auction by way of sniping.

Any attempt at bid sniping will automatically extend the relevant auction time and without prejudice to any other right or remedy of Bidspotter.co.uk and/or the Auctioneer may result in the Bidder User's access to the Website and/or the Auctioneer Site being suspended or revoked.

4. DURATION OF THE SERVICES

Unless terminated earlier as provided in these terms and conditions, the Bidder User's registration, approval, and/or right to use the Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one auction.

5. THE WEBSITE AND THE SERVICES ARE ONLY A MEANS OF COMMUNICATION TO PARTICIPATE IN AUCTION SALES AND BIDSPOTTER.CO.UK ARE NOT 'AN ONLINE AUCTIONEER'

Bidspotter.co.uk act only as host and the Website, the Auctioneer Site (if applicable) and Services act only as a means of communication intended to provide online access to the Auctioneer's auction. Bids may be made and accepted utilising the technology inherent in the Services. Without prejudice to paragraph 3.4 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the terms and conditions provided by the Auctioneer for that sale and not Bidspotter.co.uk, as more particularly described in paragraph 7 below. The Bidder User is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.

Bidspotter.co.uk is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is Bidspotter.co.uk acting as agent for any such person. Bidspotter.co.uk shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.

No franchise exists or shall exist between Bidspotter.co.uk and any party.

6. CHARGES

Bidspotter.co.uk does not charge Bidder Users for accessing the Website, the Auctioneer Site (if applicable) or using the Services. The Auctioneer may charge Bidder Users in respect of auction bids or otherwise through commission payments or other charges. The Bidder User acknowledges that any charges or commission arrangements that the Auctioneer may make for the Services are a matter between the Bidder User and the Auctioneer and are not the responsibility of Bidspotter.co.uk. It is the responsibility of the Bidder User to check it is happy with any charges or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.

7. AUCTIONEER TERMS

Each Auctioneer will have their own terms and conditions ("Auctioneer Terms"): these terms and conditions may differ from those of another Auctioneer. A Bidder User accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of these terms and to abide by them.

Whilst it is the responsibility of the Bidder User to read the Auctioneer Terms and to comply with them, the Bidder User is reminded that under English auction law and practice the following provisions typically apply (subject to any contrary provisions in the Auctioneer Terms):

1. the Bidder User must not bid in an auction where they are the seller nor must they procure or encourage any person to do so on their behalf;
2. the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;
3. the highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by law to complete the transaction; and
4. each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.

Also, the submission of commission or absentee bids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or absentee bids are made or facilitated by using the Website, the Auctioneer Site and/or the Services these terms and conditions shall apply.

8. NO REPRESENTATION AND WARRANTIES

Bidspotter.co.uk makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.

The Bidder User accepts that the Auctioneer is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of a lot, such as but not limited to: -

Representation as to quality of lots;

Representation as to the description of lots;

Representation as to fitness for purpose of lots;

Representation as to truth or accuracy of statements made;

Representation as to authenticity or provenance in respect of lots;

Representation as to legality of lots;

Representation as to title of lots;

Representation as to the liability of any party to the contract to complete the transaction.

Bidspotter.co.uk has no knowledge as to, or responsibility for, the safety of lots. The Bidder User must not pre-suppose that all lots are risk free and not dangerous to the Bidder User. Bidspotter.co.uk do not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots.

Bidspotter.co.uk have no knowledge as to, or responsibility for, the legality of lots. The Bidder User must not pre-suppose that all lots are lawfully sold in the relevant jurisdiction. Bidspotter.co.uk do not accept any responsibility to protect Bidder Users from any illegality arising from their purchase or use of lots.

Bidspotter.co.uk is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that Bidspotter.co.uk is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.

Bidspotter.co.uk does not warrant that the Website and the Auctioneer Site (if applicable) is free from infection by viruses or anything else that has contaminating or destructive properties. The Bidder User accepts that Bidspotter.co.uk does not accept responsibility to protect the Bidder User's system from such viruses or other contamination or destruction.

9. LIABILITY

Provision of the Services not guaranteed.

The Bidder User accepts that access to Bidspotter.co.uk Services (whether the Website, via the Auctioneer Site (if applicable) or the Services or access to a particular lot) may be withdrawn at any time. The Website, the Auctioneer Site (if applicable) and the Services may be interrupted and provision of the Website, the Auctioneer Site (if applicable) and the Services is not guaranteed. Bidder Users must make alternative provision for making bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on Bidspotter.co.uk Services (whether the Website or the Services) or the use of the Auctioneer Site to make bids. Such Services and sites may not be continuous and may be interrupted by factors within or outside The Bidspotter.co.uk control.

The Website and the Services are provided free of charge by Bidspotter.co.uk (see paragraph 6 above) 'as is' and 'when is' available only. Bidspotter.co.uk shall have no liability where a bid fails to be received by the Auctioneer or is delayed, or where the bid is made in error for whatever reason. Bidspotter.co.uk is under no obligation to correct erroneous bids or to resubmit bids which were lost in transmission or otherwise not received by the Auctioneer.

Limitation of liability

The Bidder User accepts that Bidspotter.co.uk liability is limited to the fullest extent available in law. The Bidder User releases Bidspotter.co.uk from all liability to the fullest extent permitted by law.

Bidspotter.co.uk shall not be liable for the following (but not limited to):

negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues;

and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the Bidder User.

Under no circumstances are Bidspotter.co.uk liable for the Auctioneer Site or the acts or omissions of the Auctioneer with whom the Bidder User contracts or with whom Bidspotter.co.uk link or facilitate communication with the Bidder User.

The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to Bidspotter.co.uk. The Bidder User agrees to release Bidspotter.co.uk from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Website, the Auctioneer Site and the Services.

Where, notwithstanding the above, liability is found against Bidspotter.co.uk for any reason under or in connection with these terms and conditions, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), Bidspotter.co.uk aggregate liability in any calendar year in aggregate for all claims in respect of any Bidder User shall be limited to £100 (" Bidder Cap") per Bidder User provided always that Bidspotter.co.uk aggregate liability to all Bidder Users in any calendar year shall be limited to £10,000. Where the total claims made against Bidspotter.co.uk by Bidder Users in any calendar year exceed £10,000 then the Bidder Cap for each Bidder User shall be reduced accordingly on a pro rata basis so that Bidspotter.co.uk total aggregate liability in any calendar year in respect of all Bidder Users never exceeds £10,000.

The Bidder User agrees to indemnify Bidspotter.co.uk to the fullest extent available in law where any claim, action or right against Bidspotter.co.uk arises through the Bidder User's act or omission or breach of any of these terms and conditions. The Bidder User accepts and agrees that Bidspotter.co.uk may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.

The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of Bidspotter.co.uk affiliates and subcontractors.

Nothing in these terms and conditions shall operate to exclude or limit a party's liability for death or personal injury caused by its negligence or for its fraud.

10. PERSONAL INFORMATION/CREDIT CARD DETAILS

Bidspotter.co.uk may make such use of any information (including any personal data) arising from or in connection with or supplied by any Bidder User, as is necessary to provide for the effective provision of the Website, Bidspotter.co.uk services provided through the Auctioneer Site, any databases made available through the Website and/or the Services from time to time, and as further provided in Bidspotter.co.uk privacy policy referred to and linked to below.

Bidspotter.co.uk also collects personal data (including credit card details) on behalf of Auctioneers and is entitled to pass this information to the Auctioneer concerned. In completing the bidder registration and providing credit card details and unless alternative arrangements are agreed with the Auctioneer the Bidder User (i) authorises the Auctioneer to charge the credit card given in part or full payment, including all fees, for items successfully purchased at auction via the Website (or the Auctioneer Site) should the Auctioneer wish to do so, and (ii) warrants and represents that they are authorised to provide these credit card details to the Auctioneer through the Website (or the Auctioneer Site) and agrees that the Auctioneer is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.

Please read Bidspotter.co.uk privacy policy for more information. This privacy policy forms part of these terms and conditions.

11. CONFIDENTIALITY

The Bidder User will keep confidential any information received from Bidspotter.co.uk in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by this Agreement. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder User; or (b) is required by law to be disclosed.

12. FORCE MAJEURE

In no event shall Bidspotter.co.uk be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or Bidspotter.co.uk or its subcontractor's IT systems, and the Auctioneer Site shall without limitation be deemed to be events beyond Bidspotter.co.uk reasonable control.

13. THIRD PARTY RIGHTS

This agreement is only intended for the benefit of the parties (i.e. Bidspotter.co.uk and the Bidder User) and where expressly provided the Auctioneer and Bidspotter.co.uk affiliates and subcontractors. The consent of the Auctioneer or Bidspotter.co.uk affiliates and/or subcontractors is not required to amend or vary these terms.

14. ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.

Each of the parties acknowledges and agrees that in entering into an agreement based on these terms and conditions it does not rely on any statement not contained within these terms and conditions. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.

15. ASSIGNMENT

Bidspotter.co.uk may at any time assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it.

16. GENERAL

These terms and conditions shall be governed by and shall be construed in accordance with the law of England and Wales. Each party agrees to submit to the exclusive jurisdiction of the English courts in any claim or matter arising under or in connection with these terms and conditions. This is without prejudice to Bidspotter.co.uk's right to commence proceedings anywhere in the world relating to the protection of its intellectual property rights or those of its licensors.