1.1. In these Terms of Business for Buyers and Sellers (“Terms”), capitalised words shall
have the meaning assigned to them below:
“Auctioneer” means Move Management Asset Removals Ltd (Company Register Number - 09143651)
“Bidder” means a person who bids for any Lot during an auction.
“Buyer” means the Bidder who offers the highest accepted bid for a Lot and is deemed to have won the Lot.
“Business Day” means a day when banks are ordinarily open for business in England.
“Hammer Price” means the level of bidding reached for a Lot (at or above any reserve price) following completion of the sale of that Lot.
“Lot” means the item or items purchased at auction by the Buyer.
“Vendor” and/or “Agent” means any individual, organisation or company the Auctioneer act in behalf of.
1.2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the word, description, definition, phrase or term preceding those terms.
2. Lot Condition
2.1. The Auctioneer makes no statement or warranty as to the condition of any Lot.
2.2. Where there is no mention of condition in the catalogue description, this is not an indication of perfect or any condition.
2.3. It is the responsibility of the Bidder to inspect the Lot and ascertain condition, at the time(s) and location specified by The Auctioneer, this information is provided within the important information of the online auction as a ‘viewing day’.
2.4. Where the Bidder is unable to inspect the Lot in person, a condition report may be requested to ascertain condition. A condition report on any item of a mechanical nature or with moving parts will not provide a guarantee of the working order of, for example, a watch, clock, barometer or other instrument. The condition report will only take account of the aesthetic or external condition of any given Lot. Requests for a condition report must be received by 9.00am the day prior to the auction deadline.
2.5. Where a condition report is not requested and the Buyer subsequently detects damage, the Auctioneer will have no liability to the Buyer in respect of such damage.
2.6. The provision of a condition report to any Bidder does not form any contract between the Auctioneer and the Bidder.
2.7. Neither the Vendor, the Auctioneers or agents of either of the aforementioned hold any authority to make or give, any representation or warranty in relation to any lots.
2.8. The Auctioneer’s and the Vendor’s total liability for breach of contract or negligence is limited to the Bid Price. Neither the Auctioneer or the Vendor hold responsibility or liability for any losses, damages or misrepresentations that are deemed indirect by the Auctioneer.
3. Auction Conduct
3.1. All Bidders must have registered with Bidspotter or I-Bidder.com prior to bidding.
3.2. The Auctioneer may decline or refuse bids on items at their own discretion and without providing reasoning at any point to the bidder or alternatively Buyer. The Auctioneer may remove bids and bidders from the sale at any point without giving reason.
3.3. The Auctioneer reserves the right to withdraw the Lot from the Auction before the conclusion of the sale.
3.4. Any Lot may be subject to a minimum bid or reserve price. The Auctioneer is entitled to change these at any time before the conclusion of the sale.
3.5. The Auctioneer may at any time before the conclusion of the sale withdraw or divide any Lot or combine any Lots, it is the Buyers responsibility to keep track of this.
3.6. The Auctioneer may sell any Lot privately or via tender process before or after the Auction. The Auctioneer may reject any Bid at their sole discretion and without being required to give a reason.
3.7. No Bid shall be retracted without the consent of the Auctioneer, all bids are conclusive unless agreed with the Auctioneer in writing.
3.8. The Auctioneers reserves the right to refuse admission to auction premises and grounds to any Buyer, the Auctioneer also holds the right to dismiss Buyers who: have outstanding balances, show improper conduct or health and safety procedures on sites.
4.1. The Buyer shall be liable to pay the sale price, represented as the winning final bid on a lot, plus the buyers premium in respect of a Lot
4.2. Sale prices are conclusive and un-negotiable.
5.1. The sale price is exclusive of VAT.VAT is applicable on all items at the standard rate in addition to the sale price and buyers premium, unless further stated.
6. Sale, Payments and Title
6.1. The Buyer shall pay the following sums to the Auctioneer in full and without delay:-
6.1.1. immediately upon the sale of any Lot any deposits requested by the Auctioneer prior or in the Lot description; and
6.1.2. the full balance of the final sale price of the Lot purchased, together with the Buyer’s Premium and applicable VAT by no later than 48 hours after receipt of an invoice in respect of the purchased Lot(s) or at the agreed/set deadline the Auctioneer makes.
6.2. Until the Buyer has fully complied with its obligations in this General Condition 6:-
6.2.1. title to any Lot bought shall not pass to the Buyer;
6.2.2. the Auctioneer shall have a lien over any Lot bought by the Buyer in the Auction;
6.3. Ownership of purchased Lots will not transfer to the Buyer until both of the following have been complete in full: 1. All purchased Lots have been collected and removed from their place of storage 2. All of the Buyers outstanding sale balance has been settled with the Auctioneer for the sale. In all cases the Buyer must complete 2 before 1.
6.4. If the Buyer defaults the given payment period, the Auctioneer holds the right to charge interest at the UK government statutory interest rate of 8% plus the Bank of England base rate at that period, calculated on a daily basis. The Buyer is not entitled to refund of deposits or part payments if the Buyer defaults on payments.
6.4.1. The Auctioneer is entitled to recover all costs incurred by delay in payment from the Buyer, including but not limited too: debt collection fees, re-auctioning costs, storage charges.
6.5. The Auctioneers or the Vendor will under no circumstances be responsible for any Goods past the conclusion of the sale, this liability and responsibility is then passed directly onto the Buyer. Including all activity that involves Lots being lost, stolen, damaged or destroyed after the Buyer is declared.
6.6. Upon conclusion of the sale it is the Buyers complete responsibility to provide insurance, if required, the Auctioneer has no responsibility or liability in insuring items once the sale has concluded.
7. Removal of Lots
7.1. Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the conclusion of the Sale.
7.2. The removal of Lots from the Location shall be undertaken by the Buyer entirely at its own risk and without any liability whatsoever to the Auctioneer. The Buyer is responsible for providing all tools, labour and transport to remove the purchased Lots, no responsibility will lie with the Auctioneer or Vendor.
7.3. Buyers are responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs.
7.4. The Buyer has no right to anything not described in the auction catalogue, unless agreed with the authoritative agent of the Auctioneer on site and an additional receipt or invoice is given/evidenced. Should the Buyer take any additional Lots or items from the sale site, the Auctioneer will class this as theft and alert the appropriate authorities.
7.5. Prior to the removal of any lot the Auctioneer holds the right to rescind the contract for the sale of that lot and refund the Buyer any money paid for the lot, should any third party claim title to or possession of any part of the lot.
7.6. The Buyer must remove each Lot purchased by the specified Clearance Date and Time for which time shall be of the essence. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions. Clearance Dates and Times are conclusive and none negotiable, if the Buyer is unable to adhere to these times the Buyer must arrange and agree with the Auctioneer for another suitable date in writing. The Auctioneer is not liable to offer another collection date and the Buyer has no right to one, this is at the complete discretion of the Auctioneer.
7.7. Should the Buyer not collect all purchased lots on the specified Clearance Dates and Times, the items liable to remain in the ownership of the Auctioneer. Arrangement of further clearance dates and times are at the Auctioneers complete discretion and may incur labour, storage and transport charges.
7.8. Purchased lots must be removed by Buyers under the complete and strict supervision of the Auctioneers agents and employees at all times.
7.9. The Auctioneer holds the right to remove, decline entry and cancel sales of any personnel or Buyers who are not adhering to general Health and Safety procedures or the auction conduct conditions within General Conditions 3 or as imposed by the authoritative Auctioneer agent on site at time of collection. Personal Protective Equipment (PPE) must be worn during these activities where specified and due regard paid to safe material handling practices.
7.10. The Buyer may not remove any Lot until the Buyer has:-
7.10.1. paid by cleared funds all amounts payable pursuant to General Condition 6, above in full
7.11.2. The Buyer has provided a receipt or invoice of purchase to the Auctioneer agent or employees on site, and consequently shown to their purchased items.
7.12. The Buyer holds complete responsibility and liability for all damages to buildings, contents, fixtures or other lots. The Auctioneer or Vendor is entitled to charge the Buyer fully for any damaged incurred at the Auctioneers complete discretion.
8. Sale of Goods Act
8.1. All lots are sold outside of the sale of goods act, these General Conditions over rule the sales of goods act and any other acts in relation. This is subject to the Auctioneer providing a minimum of one viewing day for Buyers to view lots, however viewing days are given at the Auctioneers complete discretion.
9. Amendments to the General Conditions
9.1. The Auctioneer holds the right to adjust any factors of these General Conditions on a case by case basis before, during and after any sales.