2010 Kia Sportage XS CRDI 2WD - 1991cc

General

The following terms and conditions together with any such terms, conditions and notices as may be set out in any relevant catalogue or around the Auction Hall apply to all transactions undertaken by Letchworth Motor Auctions Ltd. It is intended that all the terms and conditions between us and you are contained in this document but that may not always be possible. Whilst these are our express terms and conditions, other terms and conditions may supervene or be implied by law.

Where any alteration to these Terms and Conditions are agreed, they are not binding on either party unless accepted by us in writing.

Any concession or latitude given by us in the application of these Terms and Conditions are at our discretion and will not affect the enforceability of any Term or Condition at a subsequent date.

If any Term or Condition or any part of any Term or Condition shall be held to be unenforceable or invalid this shall not affect the enforceability or validity of the remainder or remaining Term or Condition.

We reserve the right to occasionally amend these Terms and Conditions and it is for you to familiarise yourself with any printed alterations. These Terms and Conditions are also subject to change and where they are changed we will give reasonable notice, either on our website, in writing, notices at our premises or by oral announcement made by the Auctioneer prior to or during the auction.

References to the masculine include the feminine and any references to the singular include the plural unless the meaning results in an absurdity.

Headings and numbering are for convenience only and all terms and conditions written herein are intended to be read and understood in their entirety and not in isolation.

Please note that this is a public auction for 2nd hand vehicles and consequently bidders and legislation states that buyers cannot under any circumstances be treated as a consumer. This means that bidders will not have the same rights and protection as a buyer would have if they were consumers purchasing elsewhere. If you wish to receive consumer rights as a potential buyer then please do not bid.

Please also note that if we receive cash of more than £500 from a buyer for any one transaction, there is a 2.0% handling charge (plus VAT) on any amounts OVER that £500. Payment by debit or credit card receives no additional charges or fees due to us from the buyer. We do not accept cheques.

Interpretation

1. “Auction House“, “us“, “our” and “we” means Letchworth Motor Auctions Ltd.
2. “Auctioneer” means the employee, representative or agent of Letchworth Motor Auctions Ltd who conducts the Auction. The expressions Auction House” and Auctioneer” are the interchangeable.
3. “Tariff” means the list of charges, fees and commissions that apply from time to time. Copies of the Tariff are exhibited in the Auction Hall and can be obtained from the Auctioneer’s general office
4. “Auction Premises” means the Auctioneer’s site at Jubilee Road, Letchworth,SG6 1NE
5. “Auction Premises” means the Auctioneer’s site at Jubilee Road, Letchworth,SG6 1NE
6. “Seller” means the party (business or private) entering the Vehicle into the auction and on whose behalf the Vehicle is being sold. Also referred to as “Vendor“.
7. “Buyer” means the person making the highest bid accepted by the Auctioneer either on the fall of the hammer or otherwise.
8. “Reserve Price” means the minimum sale price set by the Seller and notified to the Auctioneer for which the Vehicle may be sold.
9. “Buyer’s fee” means the fee payable by all Buyers for services provided by the Auctioneer. Separate notices are displayed around the Auction Hall detailing the actual amounts and these form part of these Terms and Conditions.
10. “Commission” is the amount that the Auctioneer retains from the proceeds of sale.
11. “Lien” means the right to retain goods as security pending the payment of unpaid monies owing to the Auctioneer.
12. “Vehicle” means any form of motor car, motor cycle or other motorised vehicle or caravan or mechanical or electrical equipment or machinery.
13. “Catalogue” includes advertising, brochure, price list or similar publication.
14. “Hammer Price” is the price in £’s at which a Lot is sold by the Auctioneer.
15. “Purchase price” is the “sold price” plus VAT (if applicable) which is currently at 20% of the hammer price but which may change from time to time.
16. “Lot” is any item or items that is/are intended for sale by auction.
17. “Sold as Seen” means a vehicle which may or may not have defects.
18. “Sold with a trial” means a 1 hour test of the vehicle following collection of it.

Visiting our Premises

Whilst attending our premises you are on private land. We reserve the right to ask you leave at any time. We will not tolerate any abuse to our staff or to other visitors and we may impose sanctions for those who do such as (but not limited to) impose a permanent or temporary ban on visiting our premises and/or suspend any purchasing privileges that you may enjoy.

All vehicles are parked at your own risk and we accept no liability for damages and/or loss to vehicles and/or to any possessions contained therein. Please park considerately. Similarly we accept no liability for losses or damages for property that is brought into the Auctioneer’s Premises by any visitor. We reserve the right to remove any inconsiderately parked vehicle and will not be held liable for any damage we cause unless caused by our negligence and which was foreseeable.

PART A.

CONDITIONS OF THE CONTRACT BETWEEN THE AUCTIONEER AND THE SELLER.

1. The Auctioneer undertakes, subject to Condition 2 below, to auction the Vehicle entered for sale by the Seller. Any sale will be in accordance with the Conditions of the Contract of Sale set out at Part B below. Whilst the Auctioneer has a contract with the Seller insofar as the services the Auctioneer will provide the Seller, the Auctioneer acts as agent of the Seller in relation to any purchase by a Buyer, whether on the fall of the hammer or otherwise. A contract of sale/purchase will be between the Seller and the Buyer only.
2. • (a) A Vehicle is entered for auction when it is brought onto the Auction Premises.
   • (b) The Auctioneer may, at his discretion, reject any Vehicle that has been entered in accordance with (a) above in anyof the following events:
     • (i) The entry fee specified in the Tariff is not paid in full before the auction.
     • (ii) Where a Vehicle is to be sold with the benefit of an M.O.T. Certificate, and the Seller fails to deliver a current and valid Certificate to the Auctioneer before the auction.
     • (iii) The Seller fails to deliver the Vehicle’s Registration Document (Form V5C) and/or other proper document of ownership to the Auctioneer before the auction and/or proper written authority to sell the Vehicle on behalf of another.
     • (iv) The Seller fails to deliver the Vehicle’s key or keys to the Auctioneer before the auction.
     • (v) The Seller fails fully to complete and sign the Auctioneer’s appropriate entry form and to deliver it to the Auctioneer before the auction.
     • (vi) Where the Vehicle is subject to a hire purchase, conditional sale or other finance interest, and the Seller fails to pay to the Auctioneer the sums referred to in Paragraph 4 below before the auction.
   • (c) Where a vehicle is rejected from the auction under (b) above, the rejection shall be deemed to be a withdrawal by the Seller, who will be liable to pay a charge to the Auctioneer under Paragraph 3 below.
   • (d) Unless stated otherwise by the Seller in writing, the Seller supplies a Vehicle that may lawfully by used on a highway and that it complies with all statutory provisions.
   • (e) The Auctioneer reserves the absolute right to refuse any Vehicle for sale at his discretion.
3. A Seller may only withdraw a Vehicle, once entered for auction, on payment to the Auctioneer of the full commission calculated on the Reserve Price or, where none is set, the minimum commission set out in the Tariff under “unsold vehicle fee”.
4. Where a Vehicle entered for auction is subject to a hire purchase, conditional sale or comes with any other finance arrangement where a third party has a vested interest in the Vehicle (including but not limited to a “Log Book Loan”), the Seller shall, immediately on entering the Vehicle for auction, pay to the Auctioneer
   • (a) a negotiating fee equal to the compensation fund fee referred to in Part C, Paragraph 4 below and
   • (b) an amount sufficient to discharge all finance outstanding on the Vehicle as confirmed in writing by the finance provider or providers (or the aforementioned third party) to be the appropriate settlement sums. The effect of which has to result in the Buyer being given full title in the Vehicle without any encumbrances or third party claims thereon.
5. A Vehicle which is not sold will, unless it is removed beforehand )and the unsold fee has been paid) be entered in the Auctioneer’s next auction sale and a further entry fee – as specified in the Tariff – will be payable by the Seller. This applies to a maximum of three auctions.
6. Where the Auctioneer fails to sell a Vehicle at auction because no bid reaches the Reserve Price, the Auctioneer may make a provisional contract on behalf of the Seller with the person who made the highest bid or with any other person who makes a similar offer, subject to Part B Paragraph 4 below.
7. Where a contract for the sale of a Vehicle is rescinded or revoked as a result of the Buyer failing to make payment in accordance with Part B Paragraph 5 below, the Auctioneer shall have a Lien on the Vehicle the subject of the contract, pending the full payment by the Seller to the Auctioneer of any sums due from the Seller including any part of the purchase price for the Vehicle already paid to the Seller by the Auctioneer.
8. On any sale of a Vehicle negotiated or agreed on the Auction Premises, Commission shall be payable by the Seller to the Auctioneer on the sale in accordance with the Tariff.
9. Where any person is lawfully in possession of the Vehicle under these conditions, the Seller undertakes that he will at no time disturb or interfere with such possession or allow another to disturb or interfere with such possession, insofar as the Seller can reasonably control.
10. The Auctioneer shall not be liable for any loss or damage to any vehicle (of contents therein or thereon) on the Auction Premises where the Auctioneer, its servants, employees or agents are not at fault and which was not reasonably foreseeable when the vehicle was brought onto the Auction Premises. Insuring the Vehicle is the responsibility of the Seller until such time as ownership of the Vehicle transfers to the Buyer.
11. The Seller or his agent shall pay the Auctioneer a storage fee for each day or part of a day that the vehicle is left on site after a period of 48 hours has elapsed. The start of the 48 hour period commences at 00:01 hours the day following the auction in which the vehicle was bought and the charges and rates for these storage charges are as stated in and around the auction hall as well as on the buyers’ and sellers’ fee lists displayed in the auction hall”.
12. Where a contract of sale is rescinded by the Buyer in accordance with Part B Paragraph 6 below, the Seller shall nevertheless be liable to pay the Auctioneer the commission that would otherwise have been payable in accordance with the Tariff had the contract not been so rescinded.
13. When remitting sale proceeds, the Auctioneer shall operate a self-billing system and any VAT registered Seller, by entering a Vehicle for sale, shall accept this system and agree not to issue tax invoices in respect of transactions covered by this system.
14. The Seller shall be liable to ensure that the entry form is completed accurately and fully. In the event of a sale being rescinded or damages being claimed by reason of the information thereon being inaccurate or incomplete, then the Seller shall remain liable to the Auctioneer for commission on the sale notwithstanding that the sale has been rescinded or damages claimed.
15. The Seller has an ongoing obligation to notify the Auctioneer (before the lot is auctioned) of any errors or omissions in the description of the Lot as soon as possible after the Seller becomes aware of any errors or omissions or as soon as possible after the Seller ought to have been aware of any errors or omissions.
16. Where possible we will seek to resolve any dispute between Buyer and Seller but we may need to forward details of that dispute to the Seller with a view to their seeking to resolve that dispute directly with the Buyer. For the avoidance of doubt, we are obliged to disclose the identity of the Seller upon reasonable written request.
17. The Seller shall compensate the Auctioneer and/or the Buyer in relation to any losses and expenses incurred by the Auctioneer and/or the Buyer for any breaches of the Sellers’ obligations and/or for any breaches of contract/misrepresentations by the Seller.
18. If the Seller wishes to sell the Vehicle but wishes to retain the right to the registration number of the Vehicle then it is the responsibility of the Seller to notify us in writing in advance.
19. It is the responsibility of the Seller to arrange for the Vehicle to be allocated another registration number should the Seller wish to retain its current registration number.
20. The Seller is not permitted the sell the Vehicle with Road Tax and it is for the Seller to arrange for any unused Road Tax to be reimbursed directly from the DVLA.
21. The Seller permits us to photograph any Lot and use it free of Copyright (and ownership and Copyright to vest in us) for the purposes of advertising the Lot or any Vehicle contained in that Lot and for any other purpose reasonably expected from our role as an Auction House.

PART B.

CONDITIONS OF THE CONTRACT OF SALE BETWEEN THE SELLER AND THE BUYER

Unless stated otherwise the Seller of the Lot or Vehicle is doing so in the course of a trade or business and not by Private Treaty

Unless stated otherwise the Seller is NOT Letchworth Motor Auctions Ltd and the buyer will enter into a contract with the Seller. Letchworth Motor Auctions Ltd will be acting as agent of the Seller ONLY

Bidders and Buyers are deemed to be acting as a principal unless we are notified in advance of the Auction that the bidder acts as an agent on behalf of a named principal and that name is given to us and accepted by us.

1. The entry form completed by the Seller on entering a Vehicle for sale by the Auctioneer is the basis of the contract of sale and purchase between the Seller and the Buyer. The Seller agrees and guarantees that the information contained in the entry form is true and accurate. There is an ongoing obligation that the Seller informs the Auctioneer (as his agent) of any alteration to the information in the entry form prior to the Vehicle being offered for sale. This will be announced by the Auctioneer and will be binding on both the Seller and the Buyer.
2. All auctions are carried on subject to the right of the Seller, whether by himself his, employees, servants or agents or to employ any person to bid at the sale, to bid for the Seller’s Vehicle, subject to the Seller being liable for the due commission on sale on any bid at or above the Reserve Price.
3. • (a) At the fall of the hammer a contract is made between the Seller and the Buyer and the Vehicle is then at the Buyer’s risk (subject to the Auctioneer’s responsibilities referred to in Part A Paragraph 10 above).
   • (b) On the making of a contract, the Buyer (or if the winning bidder is an Agent of the Buyer) shall immediately give the Buyer’s name and address to the Auctioneer conducting the auction on the rostrum, together with a contract deposit in the sum specified in the Tariff.
4. Where a Vehicle is to be sold subject to a Reserve Price stated on the entry form and the bidding for that Vehicle does not reach its Reserve Price, the Auctioneer may make a provisional contract (on behalf of the Seller) with the person who made the highest bid or with any other person who makes a similar offer – such contract being conditional upon the Seller agreeing it.
5. • (a) In this clause the word “pay” shall mean handing to the Auctioneer cash or, if the Auctioneer so requires, debit card or credit card or any other method of payment agreed by the Auctioneer, and the word “payment” shall be construed accordingly. It is an essential condition of the contract that payment must be made at the time stipulated. By reason of the EU Money Laundering Directive of 2001, the Auctioneer can under no circumstances accept cash payments or linked cash payments totaling more than €15,000 (or such other sum as maybe specified in the Directive, or any amending directive or legislation from time to time). Please note that a 2.0% plus VAT cash handling charge applies to any transaction where the buyer gives the Auctioneer any amount over £500. The cash handling charge only applies to that amount which is over £500 and not the first £500.
   • (b) The Buyer shall pay the full price for the Vehicle to the Auctioneer within 48 hours of the auction concluding including the Buyers’ Fee, otherwise storage and late payment charges will be enforced.
   • (c) The Auctioneer as agent of the Seller reserves the right not to allow any Vehicle to be removed from the Auction Premises by the Buyer until full payment has been made by the Buyer. Where a Buyer has bought more than one Vehicle, the Auctioneer reserves the right not to allow any of the Vehicles so bought to be removed until full payment has been made for all the Vehicles so bought.
   • (d) Whether or not the Auctioneer has exercised its rights under (c) above, until the Buyer has paid in full for the Vehicle or Vehicles bought by him and:
     • (i) The Vehicle or Vehicles shall remain the property of the Seller, and (subject to the Auctioneer’s responsibilities referred to in Part A Paragraph 10 above, and save where the loss or damage is the fault of the Seller, his servants or his agents, the Buyer will pay for any loss or damage caused to the Vehicle or Vehicles. Risk in the goods passes when the hammer falls but ownership passes upon full payment by (or on behalf of) the Buyer.
     • (ii) Irrespective of any other remedies which the Seller may have against the Buyer, the Seller shall be entitled to require the Buyer to deliver the vehicle up to him.
     • (iii) The Buyer may agree to sell after the auction any Vehicle or Vehicles he has agreed to buy, prior to paying the Seller for the Vehicle(s) in part or in full. However, any such subsequent sale shall be deemed to be made by the Buyer on the Seller’s behalf (but without imposing any liability on the Seller to that subsequent buyer) and the Buyer shall retain all proceeds of such subsequent sale on the Seller’s behalf until such time as thesubsequent Buyer has paid for the Vehicle(s) in full.
   • (e) Failure to make due payment to the Auctioneer under (b) above by or on behalf of a Buyer shall cause the contract deposit referred to in paragraph 3(b) above (if any) to be forfeited and the contract shall be considered breached by the Buyer against the Seller and the contract of sale not then binding on the Seller; additionally, if the Vehicle is re-sold, the defaulting Buyer shall be liable to pay the Auctioneer firstly the charges involved in the re-sale, and secondly the amount if any by which the sale price obtained for the Vehicle on re-sale is lower than the price agreed to be paid by the defaulting Buyer.
6. • (a)
     • (i) Prior to bidding and making a contract to buy a Vehicle, the Buyer shall satisfy himself as to the condition of the Vehicle.
     • (ii) Subject to Paragraph 7 below, all conditions warranties or representations (about the quality or fitness for purpose of the Vehicle) expressed by the Seller (or by us as agent of the Seller) or implied by statute, common law or otherwise are excluded to the fullest extent possible by law and the Buyer shall have no claim to terminate the contract or to recover damages in respect of any defect.
   • (b) Subject to (a) above, the Buyer shall have the right to rescind the contract of sale where:
     • (i) the Vehicle has been materially misrepresented on the entry form as to its age or the Vehicle has been materially mis-described on the entry form, or:
     • (ii) the “mileage as per the odometer” having been warranted on the entry form, evidence is obtained and produced to the Auctioneer or Seller, which shows that the Vehicle’s true mileage materially exceeds the mileage shown on the odometer and the entry form. For the purposes of this sub-paragraph, there is no right to rescind the contract where the mileage has not been warranted, even when a service history, MOT or any other documentary evidence is produced which shows that the true mileage exceeds that shown on the odometer and the entry form; or
     • (iv) the condition implied by Section 17 of the Consumer Rights Act 2015 (as amended) – which provides that a seller must have the right to sell at the time when ownership is going to pass to a buyer – has been breached; or
     • (v) the Vehicle has been recorded as a total loss but NOT if the vehicle has previously been recorded as a “Category C” or “Category D” insurance loss; or
     • (vi) if the vehicle is “Sold With a Trial” – in which case the buyer may have the right to rescind the contract if, within one hour of the Vehicle leaving the site of Letchworth Auctions Ltd, the buyer notifies us of a mechanical fault within the brakes, engine or gearbox only. Any mechanical faults not reported to us within one hour will not be considered. Allegations of a defect may need investigating by an independent garage which we will appoint on behalf of the seller. Refunds and the cost of that investigation will be determined by us following that investigation.
   • (c) The terms implied by Section 9 & 10 of the Consumer Rights Act 2015 (as amended) – which provide that goods sold by a seller acting in the course of a business must be of a satisfactory quality and reasonably fit for the purpose– shall be excluded from the contract of sale as the Buyer is also acting in the course of trade or business.
   • (d) A Buyer must as soon as reasonably possible check to the best of his ability for any alleged issues which could give rise to a claim for rescission under Paragraph (b) above, and must return the Vehicle in question to the Auctioneer at the Auction Premises as soon as practically possible after discovering the matter complained of and in any event within a reasonable time after the sale (or within one hour of the vehicle leaving our premises if Clause (b)(vi) above applies), to enable the Auctioneer to investigate the complaint and determine the validity thereof. The Auctioneer will consider the complaint and make a decision thereon but may have to consult with the Seller or an independent garage before making a determination. If the Buyer or Seller are not satisfied with the decision, then he or they must take the matter up with the other party to the sale/purchase and there shall be no liability on the Auctioneer arising from its decision.
   • (e) Save for the above, a Vehicle which is “sold as seen” is sold with any defects it may have; no guarantees as to the mechanical condition of such Vehicle (whether express or implied by law) are given. No refunds will be given for any vehicle that is auctioned as “sold as seen”.
7. Where a Vehicle is sold in a non-roadworthy condition within the meaning of Section 75 of the Road Traffic Act 1988 (as amended by Section 16 and Schedule 8 of the Road Traffic Act 1991 or subsequent legislation), the Buyer undertakes not to use such Vehicle on any road to which the public has access until such Vehicle has been put into a roadworthy condition as defined. The Seller and Auction House do not permit Vehicles to be driven on a public highway in a non-roadworthy condition.
8. The Vehicle cannot by law, be sold with existing Road Tax on it and any purchase thereof is at the expense of the Buyer and is wholly separate to the auction purchase of the Vehicle or Lot.
9. From time to time we may sell Vehicles in the course of our business that belong to us and not on behalf of another Seller and in doing we are the Seller and the contract of sale is between us and the Buyer. Please refer to Part C below.

PART C.

TERMS AS BETWEEN THE AUCTIONEER AND THE BUYER.

Unless stated otherwise the Seller of the Lot or Vehicle is doing so in the course of a trade or business and not by Private Treaty

Unless stated otherwise the Seller is NOT Letchworth Motor Auctions Ltd and the buyer will enter into a contract with the Seller. Letchworth Motor Auctions Ltd will be acting as agent of the Seller ONLY

Bidders and Buyers are deemed to be acting as a principal unless we are notified in advance of the Auction that the bidder acts as an agent on behalf of a named principal and that name is given to us and accepted.

1. • (a) The Auctioneer may at his discretion refuse to accept a bid which is less than the Reserve Price.
   • (b) In the event of a dispute arising in respect of any bidding, the Auctioneer shall be at liberty to put the Vehicle up for sale again at the last undisputed bidding or withdraw the vehicle from the current auction.
2. The Auctioneer knows of no defect in the Seller’s legal ownership of the Vehicle, except as specified by the Seller on the entry form of sale and repeated by us. If we are the Seller of the Vehicle in our own right and not as an agent for the actual Seller then we will sell the Vehicle with good title in the Vehicle.
3. On the making of the contract of sale, the Buyer shall pay to the Auctioneer a Buyer’s fee for each Vehicle bought, as specified in the Tariff.
4. Without prejudice to the Buyer’s or Auctioneer’s right to pursue all remedies available in law against the Seller for such defect in title, the Auctioneer will compensate the Buyer of a Vehicle where there is a defect in the legal ownership of the Vehicle, in the manner set out below:
   • (a) For the purposes of this paragraph, legal ownership of a Vehicle shall be defective if the Seller did not have the right (whether knowingly or not) to transfer the full legal ownership of the Vehicle free of all Liens, claims, set offs, third party rights or encumbrances.
   • (b)
     • (i) The Buyer having paid the Buyer’s fee specified in the Tariff, the Auctioneer will compensate the Buyer for any loss caused to him by reason of the legal ownership of the Vehicle being found to be defective and notified to the Auctioneer during the period of one year following the date of the contract of sale and otherwise subject to the terms set out below.
     • (ii) The maximum liability of the Auctioneer to a Buyer in the event of a claim shall not exceed the price paid by the Buyer for the vehicle or (if the claim is made more than three months after the sale) the lower of the purchase price or the value of the Vehicle. The value of the Vehicle shall for this purpose be the trade value according to CAP Black Book of current market prices for the month in which the claim is made. The maximum liability the Seller has against the Auctioneer or against the Seller directly is set out in Part A, Clause 17 above.
     • (iii) Unless the Auctioneer agrees otherwise in writing, any claim made by the Buyer shall be invalid (and the Auctioneer shall have no liability there under) if the Buyer fails to notify the Auctioneer –
       • (1) by the second weekday following the day of sale of the vehicle in question:
         • – any difference between the chassis number of the Vehicle and that in the V5C supplied to the Buyer (or deemed to be supplied), and;
         • – any evidence that the chassis number has been altered or removed and in this respect the Buyer shall be on notice and shall be deemed (whether the Buyer has or not) to have inspected the Vehicle and chassis and;
         • – the chassis number on or immediately after the sale;
         • – and any other evidence which indicates a defect in the Seller’s legal ownership of the Vehicle.
       • (2) or within three days of receipt of any notice (or of otherwise obtaining any knowledge) of any claim against the Buyer actually made or anticipated to be made in respect of which the Buyer claims or intends to claim compensation hereunder from the Auctioneer.
       • (3) It is a term of this compensation scheme that the Buyer shall, as soon as practicable after the receipt or intimation of any notice, forward such notice or intimation to the Auctioneer and shall at the same time give to the Auctioneer (in writing) full and sufficient information as to any verbal notice of any such claim against the Buyer and all such information evidence or the circumstances surrounding such claim as the Auctioneer shall require.
   • (c) The liability of the Auctioneer hereunder shall be limited to the direct pecuniary loss of the Vehicle arising from any defect in the Seller’s legal ownership of the Vehicle, and not further or otherwise. Without prejudice to this, the Auctioneer shall not be liable for any consequential loss or damage to the Buyer (whether directly or indirectly) arising in any way whatsoever.
   • (d) The Auctioneer shall be entitled in its sole discretion at any time after a claim has been made to require the Buyer, upon payment to the Buyer of the sum specified in paragraph (b) (ii) above, to assign to the Auctioneer all rights in the Vehicle and against the Seller, and such payment to the Buyer by the Auctioneer shall be in full and final settlement of all liability to the Buyer hereunder, provided that if the Auctioneer shall have paid any sum or sums to any person other than the Buyer in respect of any claim hereunder the Auctioneer shall be entitled to take credit for the money so paid and shall reduce the amount payable to the Buyer.
5. The Auctioneer undertakes to give possession of the Vehicle to the Buyer as soon as full payment has been made to the Auctioneer, and further undertakes that such possession will not be interfered with by the Auctioneer or by the Seller.
7. • (a) The Auctioneer is not a party to the contract of sale between the Seller and the Buyer (unless we are selling the vehicle in our own right and not as agent for the actual Seller) and we make no assurances guarantees or representations save as set out above.
   • (b) For the avoidance of doubt, where the Auctioneer is not a party to the contract of sale, they shall not be liable for any breach of term or condition, express or implied, as to the condition, quality or fitness of any Vehicle sold on the Auction Premises.
   • (c) In circumstances where representations are made by the Auctioneer in respect of a Vehicle (including representations as to the odometer reading) on behalf of the Seller based on information given by the Seller, the Auctioneer makes such representations in good faith, but without verifying the information so given and without incurring personal liability or liability against the Auction House and THEREFORE the buyer should note whether the odometer reading as disclosed on the entry form or notified to the Auctioneer by the Seller is warranted by the Seller or not.
   • (d) Where we are selling the Vehicle or a Lot in our own right then the Clauses in Part B above – from Clause 2 onwards – will additionally apply as well as the Clauses below and throughout these Terms and Conditions.
8. The Auctioneer shall not be liable for any loss or damage to any vehicle on the Auction Premises where the Auctioneer, its servants or agents are not at fault or which was not reasonably foreseeable when the vehicle was brought onto the AuctionPremises. Risk in the Lot or Vehicle passes to the Buyer upon the fall of the hammer but title in the lot or Vehicle only passes when full payment is madeto the Auctioneer in accordance with Part B above, Clause 5.
9. The Buyer shall pay to the Auctioneer for each day or part thereof that the Buyer’s vehicle is left on the Auction premises subsequent to the sale, the garaging charge specified in the Tariff and the Buyer is at all times responsible for removing the Lot or Vehicle at his own expense.
10. Unless the Buyer notifies the Auctioneer otherwise prior to purchase, the Buyer shall be deemed to be a trade buyer and will only receive the vehicle’s Form V5C (assuming the Seller has provided the same) for completion by him as necessary, with Section 9 having been removed. If he has notified the Auctioneer that he is a private buyer, he will receive Section 10 of the vehicle’s Form V5C (assuming the Seller has provided the Form V5C) and the Auctioneer will complete the remainder of the form as agent for the Buyer on the basis of the information supplied by the buyer.