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CMA – Buyer Summary Terms

Important Information

By bidding, you agree to CMA’s full Buyer Terms & Conditions. These can be found on our website.

Payment
Payment is required 24 hours after auction close (deadlines may vary for high-value items). Invoices are emailed to the address registered on BidSpotter.

Fees
Each lot may carry a Buyer’s Premium, internet fees, and any listed additional charges. Please check the individual lot description for applicable fees.

VAT
VAT applies to goods and services where applicable.

Anti-Sniping / Time Extension Rule
If a bid is placed in the final minutes before close, the auction timer will automatically extend (e.g., 10-minute reset) to give all bidders fair opportunity.

Inspection
All lots are sold as seen, as is, with all faults. Buyers must satisfy themselves as to condition before bidding. Viewing is by appointment only and may require PPE.

Collection
Collections are by appointment only and only after cleared payment.
Buyers are responsible for bringing suitable vehicles, equipment, labour and insurance.
Some lots may include mandatory lift-out or removal requirements — please refer to the lot description.

Storage / Abandonment
Storage charges may apply if items are not collected within the agreed timeframe. Items not collected within the extended period may be treated as abandoned and disposed of at the Buyer’s cost.

Removal Responsibilities
Where a lot is marked “Buyer to Remove,” Buyers (or their contractors) must safely disconnect, dismantle and load items. RAMS (Risk Assessment & Method Statement) may be required.

Multiple Site Auctions
Some auctions contain lots located at more than one site. Addresses are shown in individual lot descriptions.

Condition & Accuracy
Descriptions and photos are for guidance only. Items may differ from images. Accessories shown in photos (tables, pallets, stands etc.) are not included unless stated.

Title & Risk
Risk transfers to the Buyer at the point of collection/removal. Title transfers only once payment is received in full.

Legal / Compliance
Some items may contain hazardous materials or require professional disconnection. Compliance with safety and removal laws is the Buyer’s responsibility.

Non-Payment
Late or non-payment may result in contract cancellation, resale, additional charges, and legal action.

Bidding
Bids are binding. By bidding you confirm acceptance of CMA’s full Terms & Conditions.

 

CMA BUYER TERMS & CONDITIONS
Commercial Machinery Auctions Ltd (“CMA”)

These Buyer Terms & Conditions (“Terms”) apply to all bidders and purchasers (“Buyers”) participating in any auction or private treaty sale conducted by Commercial Machinery Auctions Ltd (“CMA”, “we”, “us”). These Terms apply to both business purchasers and individual purchasers unless stated otherwise. By registering for an auction, placing a bid, or purchasing any item (“Item”), you agree to be bound by these Terms.

These Terms supersede any previous terms issued by CMA and may be amended periodically on our website.

 

CMA BUYER TERMS & CONDITIONS
Commercial Machinery Auctions Ltd (“CMA”)

These Buyer Terms & Conditions (“Terms”) apply to all bidders and purchasers (“Buyers”) participating in any auction or private treaty sale conducted by Commercial Machinery Auctions Ltd (“CMA”, “we”, “us”). These Terms apply to both business purchasers and individual purchasers unless stated otherwise. By registering for an auction, placing a bid, or purchasing any item (“Item”), you agree to be bound by these Terms.

These Terms supersede any previous terms issued by CMA and may be amended periodically on our website.

 

1. CMA’s Role and Capacity

1.1 CMA acting as Agent

Most Items offered for sale are not owned by CMA. Instead, CMA acts as agent for a third-party owner (“Seller”) who has instructed CMA to conduct an auction or sale on their behalf. Where we act as agent:

The Contract for the sale of the Item is between you and the Seller.

CMA is not a contracting party and assumes no liability for the Seller’s acts, omissions, representations, legal title, or performance under the Contract.

1.2 CMA acting as Seller

Where an Item is identified in the listing as a “CMA Item,” CMA is the principal and owner. In this case:

CMA is the Seller;

You enter a Contract directly with CMA;

CMA assumes the responsibilities of a Seller subject to these Terms.

1.3 Items exceeding £20,000

For Items with an estimated or actual sale price above £20,000:

Bidders must be business purchasers;

By bidding, you warrant that you are acting in the course of business;

CMA may require documentary proof of business status before or after bidding.

CMA may cancel bids, refuse participation, or void any Contract if satisfactory verification is not provided.

1.4 Insolvency-related sales

Where Items originate from an insolvent estate (administration, liquidation, receivership, bankruptcy or similar):

The Seller may only transfer such title as the insolvent entity possessed;

Neither CMA nor the Seller warrants that the Item is free from finance, liens, or other encumbrances;

No indemnity, warranty, or guarantee is provided regarding ownership history.

 

2. Auction Operation and Use of Online Platforms

2.1 Platforms and access

CMA conducts auctions primarily through Bidspotter and may use other platforms. CMA does not warrant that any platform will be available, uninterrupted, error-free, or compatible with your device.

2.2 Catalogue and listing information

Catalogue entries, photographs, descriptions, and online listings are provided for identification only. They do not constitute an offer for sale, and are not guaranteed to be accurate, complete, or representative.

Buyers are responsible for reviewing:

Main characteristics of the Item;

Any specific conditions attached to the Item;

Updates or amendments posted during the auction.

2.3 CMA’s rights over bidding

CMA may, at its discretion:

Reject or refuse any bid;

Require deposits, proof of identity, or proof of funds;

Remove bidders from auctions;

Withdraw any Item before a Contract is formed;

Sell an Item privately before or after an auction;

Place bids up to the reserve price on behalf of the Seller;

Resolve bidding disputes and errors, and its decision is final.

2.4 Withdrawal of bids

Once placed, bids cannot be withdrawn unless CMA explicitly agrees in writing.

2.5 Platform interruptions

CMA shall not be liable for:

Lost bids;

Delayed platform responses;

Connection issues;

Auction extensions, interruptions, or cancellations.

If technical issues occur, CMA may extend, restart, or cancel the auction.

 

3. Formation of Contract

3.1 Bids as offers

Showing an Item for auction is not an offer; it is an invitation to treat. A bid is a legal offer to purchase.

3.2 Acceptance

A Contract is formed only when CMA confirms acceptance of the successful bid or confirms acceptance of a private treaty offer.

3.3 Highest bidder not guaranteed acceptance

Neither CMA nor the Seller is obligated to sell to the highest bidder. The Seller may:

Reject the highest bid;

Accept a bid below reserve;

Accept an offer after the auction.

3.4 Anti-sniping time extensions

If a bid is placed shortly before auction close, the closing time may automatically extend (e.g., 10-minute or 3-minute resets) as specified by the platform.

3.5 Private treaty sales

Private treaty transactions (sales agreed outside the auction) are subject to all Terms relating to:

Payment

Risk

Title

Collection

Liability

Condition

Unless otherwise agreed in writing.

 

4. Condition of Items and Buyer Inspection

4.1 “As is, where is”

ALL Items are sold:

“As seen”

“As is”

“With all faults”

“Without warranty”

Whether patent or latent.

4.2 Buyer inspection

Buyers are strongly encouraged to inspect Items in person before bidding. By bidding, you acknowledge:

You have had an opportunity to inspect;

You rely solely on your inspection, not on descriptions;

You accept the Item may be incomplete, damaged, non-operational, or unsafe.

Inspection of Items is subject to the Seller providing access. CMA does not guarantee that inspection will be possible in all cases and shall have no liability where inspection cannot be facilitated due to Seller restrictions, site conditions or safety requirements.

4.3 No warranties

Neither CMA nor the Seller warrants:

Fitness for purpose;

Satisfactory quality;

Merchantability;

Age, model, mileage, hours of use;

Compliance with safety legislation;

That the Item is free from defects;

That the Item includes manuals, software licences, keys, accessories, or certification.

4.4 Photographs and descriptions

Photos may not show all defects, and Items may differ from images. Descriptions summarise main characteristics only.

4.5 Hazardous materials and safety compliance

Items may contain:

Oils, chemicals, or contaminants;

Asbestos or other hazardous substances;

Electrical hazards;

Structural or mechanical risks.

Items may require:

PAT testing;

Electrical certification;

Professional installation;

Repairs or refurbishment.

Buyers assume full responsibility for compliance with health & safety laws.

4.6 No reliance

You confirm that you have not relied upon statements, verbal comments, or supplements outside the Catalogue.

 

5. Price, Fees, VAT and Payment

5.1 Amounts payable

The Buyer must pay:

The hammer price or private treaty price;

Buyer’s Premium and any fees stated in the Catalogue;

Applicable VAT;

Any lift-out charges, storage fees, or other costs identified.

5.2 Payment deadlines

Items under £20,000 — payment within 24 hours

Items over £20,000 — payment within 5 business days

Time is of the essence.

5.3 Payment method

Bank transfer

Approved debit or credit card (where available)

Cash is not accepted.

5.4 No set-off

The Buyer must pay in full without deduction or set-off.

5.5 Payment pre-conditions

Items will not be released until:

Cleared funds are received;

Any required verification is completed;

Deposits or staged payments are met.

5.6 Late payment

If you fail to pay:

Interest is charged at 4% above Bank of England base rate;

CMA may cancel the Contract;

The Item may be resold;

You remain liable for shortfalls, losses, legal costs, and resale costs.

5.7 High-value Items

For Items valued above £20,000, CMA may require:

A refundable deposit;

Proof of funds;

Staged payment;

Escrow services.

Failure to comply is treated as non-payment.

 

6. Risk and Title

6.1 Title

Title passes only when payment is received in full in cleared funds.

6.2 Risk

Risk passes earlier—specifically, when:

Collection begins, or

You or your representative take possession,

whichever occurs first.

6.3 Individuals

If you are an individual buyer, the period during which you are collecting the Item is also at your risk.

6.4 Insolvency

Where the Seller acts for an insolvent entity:

Only such title as the insolvent party possessed is transferred;

No warranty of unencumbered title is given.

 

7. Collection, Removal and Storage

7.1 Buyer responsibility

The Buyer is solely responsible for:

Attending the collection site;

Providing labour, tools, lifting equipment, and PPE;

Safe disconnection, dismantling, and removal;

Insurance covering removal, property damage, and personal injury.

7.2 Collection timeframe

Unless otherwise stated, Items must be collected within 7 days of the auction close or Contract formation.

CMA may, at its absolute discretion, specify a shorter, longer, or deferred collection period for:

• particular Items or Lots;
• specific auctions; or
• logistical, site access, Seller, or health and safety requirements.

Any alternative collection timeframe may be communicated in the Catalogue, online listing, auction notes, invoice, or otherwise in writing, and shall override the default 7-day period.

CMA reserves the right to amend collection deadlines after the auction where reasonably required, including due to site access constraints, third-party requirements, or events beyond CMA’s reasonable control.

Failure to comply with the applicable collection timeframe constitutes a breach of Contract.

7.3 Storage charges

If Items are not collected within the agreed timeframe:

Storage charges apply;

These must be paid before release.

7.4 Abandonment

If Items are not collected within 7 days after the final deadline:

CMA may deem the Item abandoned;

The Item may be scrapped, resold, or disposed of;

You remain liable for shortfalls and disposal costs.

7.5 Authority to remove

No Item may be removed without CMA’s authorisation and supervision.

7.6 Damage during removal

Buyers are fully liable for:

Damage to the building, site, equipment, or other Items;

Injuries caused to persons;

Environmental contamination.

CMA may halt removal if practices are unsafe.

7.7 Lift-out charges

Where specified, lift-out operations will be carried out by CMA or its contractor. CMA is responsible only for the physical act of loading. Responsibility transfers immediately thereafter.

7.8 Software and intellectual property

Purchasing a device does not transfer software licences, user rights, or intellectual property.

7.9 Seller right to rescind

The Seller may rescind the sale and refund the Buyer if any third party asserts title rights to a purchased Item.

 

8. Larger Items and Items Fixed to Property

8.1 Dismantling

Buyers must arrange and pay for dismantling of Items requiring disassembly.

8.2 Sequence of removal

Some Items may need to be removed before or after the removal of other Items. Buyers must cooperate with CMA’s instructions.

8.3 Affixed Items

Where Items are bolted, plumbed, wired, set in concrete, or integrated into a structure, the Buyer is responsible for:

Safe disconnection;

Structural repairs and making good;

Compliance with planning and safety regulations;

Professional removal equipment and operators.

8.4 Indemnity

The Buyer indemnifies CMA and the Seller for losses or damage arising from removal activities.

 

9. Termination

9.1 Buyer breach

If the Buyer:

Fails to pay on time,

Fails to collect on time,

Fails to remove Items safely, or

Violates clauses 7, 8, or 9,

CMA or the Seller may terminate the Contract.

9.2 Consequences of termination

Upon termination:

Payments made may be retained;

The Item may be resold;

Clause 7.6 applies (shortfall liability).

9.3 Illegality or recall

If after sale:

The sale is found unlawful;

A recall notice is issued;

A regulatory body prohibits continued possession;

The Contract terminates and the Buyer must return the Item at their expense.

 

10. Liability

10.1 Individuals

CMA is liable only for foreseeable losses caused by failure to use reasonable care and skill.

10.2 Businesses

For business Buyers:

Total liability is capped at the price paid;

CMA excludes liability for

Lost profits

Business interruption

Data loss

Indirect or consequential losses

Loss of anticipated savings

Reputational loss

10.3 Buyer indemnity

Buyers indemnify CMA and Sellers for:

Damage during removal

Breach of these Terms

Costs arising from resale upon termination

Legal or enforcement costs

10.4 Non-excludable liability

Nothing limits CMA’s liability for:

Death or personal injury caused by negligence;

Fraud or fraudulent misrepresentation;

Any liability that cannot be excluded by law.

 

11. Consumer Rights

Where the Buyer is an individual, they acknowledge:

Sales via auction of second-hand goods are not covered by Part 1 of the Consumer Rights Act 2015;

No statutory warranties apply;

Consumer Contracts Regulations 2013 cancellation rights do not apply to auction sales.

 

12. Data Protection

CMA collects personal data during registration and transaction processing.
Data is processed in accordance with CMA’s Privacy Policy.

 

13. Shipping

Shipping may be offered (except for vehicles) but is:

At additional cost;

Performed by third-party carriers;

Entirely at the Buyer’s risk.

CMA is not liable for:

Transit damage

Delays

Losses caused by carriers

Items will be packaged with reasonable care but at the Buyer’s sole risk.

 

14. Overseas Buyers

Overseas Buyers are responsible for:

Import restrictions and licences;

Ensuring the Item is permitted in the destination country;

Hiring a freight forwarder;

Any duties, VAT, or customs charges.

VAT may be refunded only with acceptable proof of export within 3 months.

VAT on Buyer’s Premium may not be refundable for non-EU exports.

 

15. Force Majeure

15.1 Definition of Force Majeure

Neither CMA nor the Seller shall be in breach of these Terms or any Contract, nor liable for delay or failure to perform any obligation, where such delay or failure results from events or circumstances beyond their reasonable control (“Force Majeure Event”).

15.2 Examples of Force Majeure Events

Force Majeure Events include, but are not limited to:

(a) natural disasters, flood, drought, earthquake or other acts of God;

(b) epidemic, pandemic or public health restrictions;

(c) war, terrorism, civil disorder or armed conflict;

(d) industrial action, strikes or lockouts by third parties;

(e) failure of utilities, power, telecommunications, internet access or auction platforms;

(f) fire, explosion or accidents;

(g) government action, restrictions, embargoes or regulations;

(h) inability to access a site or Item due to circumstances outside CMA or the Seller’s control.

15.3 Suspension of Obligations

If a Force Majeure Event occurs, CMA and/or the Seller may suspend performance of their obligations for the duration of the Force Majeure Event. Auction times, payment deadlines, collection periods and other timeframes may be extended at CMA’s discretion.

15.4 Cancellation of Contract

Where performance becomes impossible, CMA may cancel the Contract without liability. The Buyer will only be entitled to a refund of any amounts actually paid for the Item that cannot be delivered.

15.5 No Further Liability

Beyond the refund set out in clause X.4 (if applicable), the Buyer shall not be entitled to claim any damages, compensation or costs arising from a Force Majeure Event or any resulting cancellation, delay or disruption.

15.6 Buyer Responsibilities

The Buyer remains responsible for complying with their own obligations under these Terms except where performance is rendered impossible solely and directly due to the Force Majeure Event.

 

16. Miscellaneous

Rights of third parties

No third party may enforce any Contract.

Entire agreement

These Terms and the description in the Catalogue form the entire agreement.

Variations

Only valid if made in writing, except CMA may update Terms on its website at any time.

Conflict

If these Terms conflict with a Catalogue, the Catalogue prevails.

Governing law

English law applies.

Jurisdiction

Business Buyers: exclusive jurisdiction of courts of England & Wales

Individual Buyers: may bring claims in their home UK jurisdiction

 

 

Commercial Machinery Auctions Ltd

Registered Address: Ts Partners, 9 High Street, Wellington, Somerset, TA21 8QT

VAT Number: 4453347

Company Number: 14936707

Email: info@commercialmachineryauctions.com

Tel: +44 (0)1666 744027