2016 THWAITES 9 TONNE DUMPER - RELIABLE PERFORMANCE, HIGH CAPACITY

FULL TERMS:

General:

• 1. As Auctioneer, EAMA Group is not a party to the contract and therefore has no liability in that respect. We offer lots for sale and conclude contracts as agents on behalf of vendors. The resulting legal contract is between the buyer and that vendor and we are not responsible for any action or default on the part of the vendor or buyer including but not limited to, loss or damage in contract or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, however arising from.

• 2. All lots are described to the best of our knowledge based on the information provided by the vendor. We take no responsibility for any listing errors and advise that you check the images and descriptions and if unsure contact us so we can try and get further information. You may be able to arrange a viewing prior to you placing a bid. In some cases, generic images may be used.

• 3. Whilst every effort is made to ensure there are no errors or omissions on our website, we cannot guarantee this and cannot be held liable for such.

• 4. All auction sales are trade only, by bidding on items, bidders accept that they are acting as a business and not as a consumer, therefore the applicable law is the Sale of Goods Act 1979. The Consumer Rights Act 2015, and other legislation relevant to consumer contracts does not apply.

• 5. Bidders are required to register as a trade buyer, prior to bidding. Information provided by the bidder must be complete and accurate.

• 6. Bids should only be submitted where the bidder intends to complete the transaction, bids cannot be withdrawn as a legally binding contract is formed when a bid is submitted.

•  7. The final price paid for the lot is the amount of the winning bid plus the Buyer’s Premium of up to 25% and VAT if applicable at 20% will be added on top of the hammer price (The price that you bid) – Please review each listing for the specific percentage.

•  8. Bidders are responsible for the protection of log in and account details, these should not be shared with any other person. No exceptions will be made for misuse of a bidders account and any transactions made with the account must be completed and payment made before the payment deadline.

• 9. All bids are valid, even if at the time of placing it, the reserve is not met or you were outbid, as we always submit all the bid to the vendor during or shortly after the auction and they may agree to accept the bid.

• 10. We reserve the right to reduce or remove the reserve at any time during or after the auction at the vendor’s request.

• 11. Since goods have been available for inspection by or on behalf of the buyer prior to the sale, no warranty, condition, description or representation on the part of the seller is given or implied; nor is any warranty, condition, description or representation to be taken to have been implied from anything said by or on behalf of the seller prior to the auction. Any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods is hereby expressly excluded. Contracts for sale cannot be rescinded or rejected, or any compensation given due to any statements, errors or omissions contained in the catalogue.

• 12. From time to time, additions and amendments may be made to the lot description, bidders are advised to review the description before bidding.

• 13. The vendor, his agent, or the auctioneer may bid on any lot up to the reserve price.

• 14. Buyers intending to export goods should contact us prior to bidding otherwise VAT will be charged.

Vehicles:

• 15. All vehicles are sold as seen, there is no express or implied warranty that the vehicle is roadworthy, mechanically sound or has been maintained in any condition. Lots may not be fit for purpose or of satisfactory quality at the time of the auction and may require substantial repair at the expense of the buyer.

• 16. Lot information is provided for convenience only. You agree that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, drivability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. The Auction House does not assume liability for any bumps, scratches, window cracks, or chips present on vehicles sold through our platform. These imperfections may or may not be visible in provided images or descriptions. Bidders and buyers acknowledge that vehicles are sold on an "as-is" basis, and the Auction House is not responsible for any discrepancies between the physical condition of the vehicle and its representation. By participating in our auctions or purchasing vehicles, all parties release the Auction House from any claims related to vehicle imperfections.

• 17. EAMA carry out a basic check on each vehicle to check that it is not stolen, we are reliant on that information and as a 3rd party, we cannot be held responsible for any inaccuracies -  EAMA do not check for insurance write off's and therefore we are unable to advise as to whether a vehicle has been involved in a previous accident - Bidders should make their own investigations where a vehicles insurance history is critical.

• 18. The lots we offer for sale may be damaged, missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety or legislative requirements. It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lot information prior to deciding to bid and how much you wish to bid on any lot taking all of the above into account. By bidding you have agreed that we have provided sufficient details for you to make an informed choice when bidding.  You agree you have bid accordingly.

• 19. Bidders should make their own investigations where dimensions, mileages, hours, condition or authenticity are critical. You should not accept that the odometer reading is correct. We will attempt to verify mileages however, even if marked 'verified', that will be only verified by the information that is available at the time of listing and is given as a guide, not a warranty. No odometer readings are warranted unless stated “warranted” in the lot details

Electrical items:

• 20. Electrical appliances are bought at your own inspection & should be checked by a qualified person before use.

Conclusion of the auction:

• 21. The auctioneer does not have to accept the highest bid and all bids are due to approval and acceptance by the vendor.

• 22. When the auction has ended, an invoice will be sent to the winning bidder. This must be paid within 24 hours of receipt, failure to do so will result in additional surcharges of 5% of the full order value per day, the minimum charge is £20

• 23. To collect goods, the buyer must contact EAMA Group to arrange a timeslot. Buyers may be turned away if they arrive without an appointment or in an unsuitable vehicle.

• 24. EAMA Group may be able to assist buyers in arranging the delivery as a convenience. However, it's important to note that any such delivery service is entirely separate from the contract for the purchase of the goods. EAMA Group does not offer insurance coverage for potential loss or damage that may occur during transport. Consequently, in the event of loss or damage during delivery, EAMA Group assumes no liability, and no refunds will be provided for any aspect of the order. Buyers are encouraged to contact EAMA Group for delivery inquiries, but it is essential to understand that the responsibility for insuring the goods during transit lies with the buyer.

• 25. Goods cannot be collected until the order or any fees have been paid for.

• 26. On arrival, buyers will be required to provide suitable identification, and request a porter to collect the goods.

• 27. Goods must be collected punctually to avoid the loss of your items with no refund. If specific collection dates are explicitly stated in the listing description, these dates are considered fixed, and no flexibility is allowed. Buyers are required to strictly adhere to these specified dates, as any failure to do so will result in the forfeiture of purchased goods without the possibility of a refund. In the absence of specified dates, a delivery quote or a mutually agreed-upon collection date will be determined following payment on the lot. In the event that the item remains uncollected on this agreed-upon date or the delivery quote is not paid, a 3-day grace period will be granted. Beyond this grace period, a 5% daily charge of the full order value will be imposed for late collection, and the goods will only be released upon payment of these charges. If a buyer does not collect the items within 20 days, they will be classified as abandoned, and neither the goods nor a refund will be provided.

• 28. Assistance with loading may be arranged prior to collection, a lift on fee may apply.

• 29. Where goods are sold on a pallet, it is the buyer’s responsibility to take the pallets and everything on them including the pallet wrap to avoid a clean-up charge of £10 a pallet.

• 30. The auctioneers will not be responsible for any loss, damage or injury occasioned or sustained by persons on the premises or for goods in transport.

• 31. Any goods that are still in our possession after your designated time slot will not be released until all charges are settled. If the bill is not settled and /or your goods have not been collected within 30 days of your designated time slot, the ownership of the goods will transfer to EAMA Group and you will not be refunded.

• 32. EAMA Group nor the vendor shall not be liable to the buyer and/or be deemed to be in breach of the contract by reason of any delay in relation to performing, or collection when the failure is due to any cause beyond EAMA Group or the vendors reasonable control (including but not limited to natural disaster, lock out or other industrial action, governmental action or restriction, war, terrorism, cyber-attack, fire, flood, infrastructure failure, power failure, strike or civil commotion, interruptions in electrical or telecommunications services or delays or failures of the internet or other communications systems necessary for the provision of the Services, issues fulfilling the contract due to unforseen circumstances) and time for performance of that obligation shall be extended accordingly.

• 33. In the event that a vendor fails to fulfill the terms of the contract by not providing the item, EAMA Group reserves the right to cancel the contract for those items and issue a refund without incurring any additional liabilities nor providing any compensation. This includes, but is not limited to, any expenses or costs incurred by the buyer, loss of income or replacement costs as a result of the vendor's non-compliance with the contractual obligations.

Breach of contract:

• 35. After 5 days of non-payment, in order to prevent incurring excessive charges, we will presume that you do not intend to honor the contract. Consequently, a settlement amount will be assessed, encompassing the cost of the Buyer's Premium (plus VAT), a late payment fee of 5% (plus VAT) per day, calculated on the full order value, and a £100 administrative fee. This accumulation will lead to the contract's cancellation. Failure to settle this amount will result in legal action being pursued.

Non-Circumvention, Non-Disclosure, and Non-Competition

• 36. The parties agree that during the term of this agreement and for a period of 12 month, neither party shall, directly or indirectly, without the express written consent of the other party:

• 37. Disclose any confidential information obtained in connection with this agreement to any third party;

• 38. Solicit, contact, or do business directly with the other party's vendors, suppliers, or consignors identified under this agreement, or in any way interfere with or circumvent the other party's relationship with such vendors, suppliers, or consignors

• 39. Bid on or purchase any items consigned to the auction house and then contact or do business directly with the consignor of such items without the express written consent of the auction house;
  
  
• 40. Compete with the auction house in the provision of auction services within the UK during the term of this agreement and for a period of 12 Month thereafter.

• 41. This clause shall survive the termination of this agreement for any reason.

Feedback, Confidentiality or Non-Disclosure:

• 42. Our vendor details are considered confidential information and should not be shared publicly. Any breach of this confidentiality agreement may result in legal action being taken against the party responsible, as well as financial damages to compensate for any losses suffered by our company as a result of the breach.

• 43. We encourage all customers to provide feedback on our service to help us improve. If you have any issues, you must contact us directly to resolve them. We reserve the right to take appropriate action if any feedback is found to be false or misleading, including the right to seek financial damages to compensate for any losses suffered by our company as a result of the feedback.

• 44. Feedback related to the service our vendors provided should be directed at our vendors and not posted publicly on our (EAMA Group's) feedback profiles. We reserve the right to take appropriate action if any feedback is found to be false or misleading against our company, including the right to seek financial damages to compensate for any losses suffered by our company as a result of the feedback.