Silverstone Auctions Live Online Auction Terms & Conditions April 2020
The following Terms (“Terms”) together with such other terms, conditions and notices as may be set out in any relevant catalogue apply to all sales by Silverstone Auctions Limited (“SA”) at auction or within 14 days after the auction.
No alteration to the Terms will be binding unless accepted by SA in writing. The Terms may be amended by SA provided it is reasonable for it do so by the posting of notices prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.
Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed via the online portal. Buyers should be alert to the possibility of changes.
SA acts solely for and in the interests of the Seller. SA’s duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. SA does not act for Buyers in this role and does not give advice to Buyers. When SA or its employees make statements about a Lot it is doing so as agent for the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. This may include inspecting the Lot where available.
1. In these Terms:
1.1 “Auction” means the auction sale in respect of which a Lot is consigned for sale.
1.2 “Auctioneer” means the representative of SA conducting the Auction or their agent nominated to do so.
1.3 “Automobilia” means any memorabilia including but not limited to trophies, badges, programmes, models, prints and other collectables.
1.4 “Buyer” means the only person whose bid is accepted by SA to conclude the contract for the purchase of a Lot.
1.5 “Buyer’s Premium” means the amount payable by the Buyer to SA. Buyer's premium on Motor Vehicles is 10% plus VAT at 20% and on Automobilia and Lifestyle goods is 20% plus VAT at 20%.
1.6 “Catalogue” the catalogue relating to the relevant Auction includes any webpage advertisement, brochure, estimate, price list or other publication relating to one or more Lots.
1.7 “Contract” means the agreement between the Buyer and the Seller on the successful bid of the Buyer on which the Lot is sold to them.
1.8 “Cataloguing Fee” means the sum of £250 (plus VAT at 20%) per motorcar, £125 (plus VAT at 20%) per motorcycle and £25 (plus VAT at 20%) per Automobilia item, payable by the Seller for each Lot entered into the Auction.
1.9 “Expenses” in relation to the sale of any Lot means SA’s charges and expenses payable by the Seller in addition to the Seller’s Commission including insurance, storage, illustrations, auction Entry Fee, cleaning costs, photography costs, catalogue costs, special advertising, packing and freight of that Lot and any VAT thereon.
1.10 “Hammer Price” means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer.
1.11 “Lot” means any item(s) consigned to SA with the view to its or their sale at Auction.
1.12 “Motor Vehicle” means any car or motorbike included or proposed to be included in a sale of motor vehicles together with spares, tools, documentation etc. stated as being part of the Lot.
1.13 “Purchase Price” means the Hammer Price together with the Buyer’s Premium and any additional charges due plus VAT.
1.14 “Reserve” means the minimum Hammer Price agreed between SA and the Seller at which a Lot may be sold.
1.15 “Sale Proceeds” means the net amount due to the Seller being the Hammer Price less the Seller’s Commission and VAT, Expenses and any other amount due to SA from the Seller.
1.16 “Seller” means the person who offers the Lot for sale, whether as agent or principal.
1.17 “Seller’s Commission” shall have the meaning given in clause 10.
1.18 “VAT” means Value Added Tax applicable at the prevailing rate at the date of the transaction.
1.19 “Working Day” means any day (other than a Saturday and Sunday) at which clearing banks in the city of London are open for the transaction of normal sterling banking business.
SA sells as agent for the Seller (except where SA is selling as principal, which SA will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. SA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.
3.1 SA has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.
3.2 If SA is notified about the Seller’s alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. SA may, however, deduct any sums that are due to it from the sum held.
3.3 Automobilia lots will be subject to an auctioneers 10% discretion on the reserve unless SA are notified in writing by the seller otherwise.
4. LOSS OR INJURY
SA shall be under no liability for any injury, damage or loss sustained by any person while on SA’s premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by SA, its employees or agents in the ordinary course of their duties to SA.
5.1 The Catalogue contains details about each Lot. The description contained in the Catalogue, which may be online, is given on behalf of the Seller, from information supplied by the Seller for which SA is not responsible. Mileage is correct at time of cataloguing.
5.2 Photographs, Illustrations and diagrams contained in the Catalogue are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
5.3 It is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its originality, authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price), via the information provided online or in any Catalogue. No description of a lot carries with it an implication that it is fit for any particular purpose.
5.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections.
5.5 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular parts may have been replaced or renewed and those parts may not be original or of “Satisfactory Quality’. The inside of a Lot may not be visible where, for example, it is covered by upholstery or material, and may not be original or may be damaged, have been damaged or poorly repaired. Given the age of some Lots, no assumption should be made with regard to any aspect of its condition.
5.6 Any person who physically interferes with, scratches or damages the Lot in any way (before or after the Auction) will be held liable for the loss so caused.
5.7 The Seller is responsible for delivering the Lot in a presentable condition. If additional cleaning is required, it will be charged for by SA to the Seller as an Expense.
5.8 If a Lot is not sold at Auction, SA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller’s agent, and if successful will be entitled to charge the Seller’s Commission and Expenses.
5.9 The Seller gives SA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement.
5.10 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of SA, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of SA.
5.11 Lots market with an Asterix (*) are either owned or partly owned by SA or an employee of SA.
6. ALTERATIONS AND ESTIMATES
6.1 Estimates and descriptions may be amended at SA’s discretion from time to time by notice given orally or in writing before or during an Auction.
6.2 The Lot will be available to view either via the information provided online, or if the government advice on the current Covid-19 lockdown allows, via an appointment only service at a central location. Any potential bidders must form their own opinion in relation to the Lot.
6.3 SA gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not contained in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at SA’s sole discretion and should not be relied upon as an indication of the actual selling price.
6.4 SA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where SA has:
6.4.1 been provided with such description by the Seller or any person on his behalf; or
6.4.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified SA in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description.
6.5 SA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
7. WARRANTY BY THE SELLER
7.1 The Seller warrants to the Buyer and to SA that:
7.1.1 The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale.
7.1.2 The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) SA in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and has provided SA with all such information in the Seller’s possession or control. SA shall be under no obligation to investigate any concerns expressed by third parties.
7.1.3 The Seller shall compensate SA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms.
7.1.4 Where the vehicle is not registered in the UK, the Seller shall be responsible for completing the NOVA application within 14 days of the Motor Vehicle arriving in the UK and before the Motor Vehicle is consigned for sale.
8. VEHICLE REGISTRATION NUMBERS
8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify SA in writing.
8.2 It shall be the Seller’s responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction whether or not SA volunteers its services to effect that, and no liability shall attach to SA in respect to any act or omission as a result.
9. BIDDING AND RESERVES
9.1 In order to bid in the auction potential buyers must register for either a telephone or commission bid by completing the relevant forms and ID requirements or register via an online bidding portal.
9.2 SA will not accept bids from any person who has not registered via the online bidding portal or completed the telephone and commission forms. Buyers are directed to the requirements in place regarding registration before the registration process can be completed.
9.3 The Auction will be conducted in line with the online bidding portal and telephone and commission bidding rules in place at the time.
9.4 A Contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. SA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus the Buyers Premium and any applicable VAT. At the same time the Seller will be liable to pay to SA the Seller’s Commission plus any applicable VAT on the Lot at the rate as set out in clause 10 below.
9.5 The Seller may place a Reserve on any Lot when he consigns it to the Auction, and once placed it may not be changed without the written consent of SA. All Lots will be sold without Reserve unless a Reserve has been agreed by SA in writing.
9.6 Where a Reserve has been agreed, only SA at its absolute discretion may bid on behalf of the Seller.
9.7 If no Reserve has been placed on a Lot, SA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.
9.8 SA may sell a Lot below the Reserve agreed with the Seller, provided that SA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve.
10. COMMISSION AND EXPENSES
10.1 SA shall be entitled to deduct from the Hammer Price and retain an amount equal to 4% of the Hammer Price for Motor Vehicles and 15% for automobilia and lifestyle goods or such other sum agreed by SA in writing ("Seller's Commission") plus VAT together with Expenses and any other sums due from the Seller to SA.
10.2 The Seller acknowledges SA's right to retain the Buyer's Premium payable by the Buyer.
11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted either via the online bidding platform or telephone and commission bidding . It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.
11.2 SA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by SA, its employees or agents in the ordinary course of their duties to SA and the Seller shall compensate SA in full in respect of all other claims and proceedings brought against SA in respect of any loss or damage to or destruction of the Lot.
11.3 SA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence, or that of the Seller’s employees or agents in the ordinary course of their duties to SA. The Seller shall compensate SA in full in respect of all claims and proceedings brought against SA in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of any obligation under the Terms.
12. PAYMENT OF SALE PROCEEDS
12.1 Subject to SA’s right of retention under Clause 3.2 and other provisions of this Clause 12, SA shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by SA and the Lot has been delivered to SA or the Buyer. Unless an alternative method of payment has been agreed by SA in writing, payment shall be made by telegraphic transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot SA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.
12.2 If the Purchase Price has not been received in full by SA within the time specified in clause 12.1 SA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.
12.3 In respect of road registered Motor Vehicles, SA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with SA the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller’s possession or control which he agreed with SA to supply.
12.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, SA will notify the Seller who may instruct SA as to the appropriate course of action. SA may endeavour to assist the Seller but SA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name.
12.5 In the absence of any written instructions from the Seller to SA within 7 days of SA having notified the Seller under clause 12.4 SA shall be entitled to take any of the actions set out in clause 19.:
12.6 Any monies recovered by and paid to SA in consequences of SA taking one or more of the steps referred to in clause 19 shall be applied to the payment of:
12.6.1 legal or other costs incurred by SA in connection with such steps;.
12.7.1 the Buyer’s Premium and the Seller’s Commission on the sale of the Lot;
12.7.2 any balance remaining shall be paid to SA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to SA on demand.
12.7.3 If within 7 days after receipt of the notice referred to in clause 12.5 the Seller informs SA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by SA so as to keep SA fully compensated.
13.1. The Seller may by notice in writing to SA withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 14 days of withdrawal pay SA the sums set out in this Condition 13. All such sums shall be payable to SA as remuneration for the services performed by SA down to the date of withdrawal, and not by way of penalty or liquidated damages.
13.2 In all cases of withdrawal, the Seller shall be liable to pay SA 10% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer's premium suffered by SA. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay SA 10% of the auctioneer’s reasonable estimate. The fee shall be subject in each case to VAT and Expenses.
13.3.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Conditions 13.1 and 13.2 shall have been paid in full.
14. REMOVAL AND STORAGE
14 At least 7 working days prior to the Auction the Seller shall deliver the Lot to a central location at their own expense. The Buyer will be liable for storage charges from the Friday following the sale at £25 plus VAT per week.
15. THE BUYER
15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion.
16. BUYER’S PREMIUM
The Buyer shall pay the Buyer’s Premium to SA and the Buyer acknowledges that SA may also receive the Seller’s Commission due to SA under Clause 10.
17.1 Once a lot is sold, the Purchase Price shall become immediately payable to SA.
17.2 Full payment for all Lots must be made to SA by 5:00pm the next Working Day. Payment must be made by bank transfer and can only be accepted in GBP.
17.3 No Lot may be collected until the Purchase Price has been received by SA and payments by a Buyer to SA may be applied by SA towards any such sums due from that Buyer to SA on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
17.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by SA.
17.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.
17.6 The Buyer shall, at his own expense, remove the Lot purchased but not before payment in full to SA of the Purchase Price whether in respect of this or any other Lot. The Buyer must collect the vehicle or arrange for its delivery within 5 working days from the date of the sale following confirmation of receipt of the Purchase Price by SA. Full instructions for collection will be provided to the Buyer. Buyers are warned that in the current Government Covid -19 Lockdown that there may be some delay in collection of a Lot. SA will do all that they reasonably can to assist with ensuring that any delay is kept to a minimum.
17.7 Cash payments will not be accepted.
18. RESPONSIBILITY FOR PURCHASED LOTS
18.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from when the Lot is sold to them. Neither SA nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of SA, its employees or agents in the ordinary course of their duties to SA if and in so far as the Lot is in SA’s custody or under its control.
18.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the point at which the Lot is sold in accordance with clause 14 above.
18.3 DVLA will be notified of the change of keeper as soon as possible following collection of the Lot in accordance with clause 17 above.
18.4 Automobilia, watches & lifestyle Lots will be sent to the buyer at the buyer’s expense.
19. NON-PAYMENT OR FAILURE TO COLLECT
19.1 If the Purchase Price is not paid in full, SA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:-
19.1.1 to store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer;
19.1.2 to charge interest at a daily rate equal to 4% pa over Barclays Bank’s Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 17.2;
19.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of SA and to release it only after payment of the total amount due;
19.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in SA’s possession for any purpose.
19.1.5 take such steps as SA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price;
19.1.6 to rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to SA on its election and SA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller’s Commission, Expenses and sums due to SA which would have been payable had the contract not been rescinded;
19.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises SA to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller’s behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms as SA shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by SA or the Seller and those awarded by any Court or Tribunal.
19.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 17.2, SA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to SA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer’s failure to make payment and any surplus shall belong to the Seller.
19.3 If the Lot is not taken away on the date and time referred to in clause 17, whether or not the Purchase Price has been paid, SA shall remove, store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due.
20. LIABILITY OF SA AND THE SELLER
20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary in line with clauses 5 and 6 above.
20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by SA, its employees or agents.
21. GOVERNING LAW
Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.
22.1 Any notices shall be deemed to have been received:-
22.1.1 if hand-delivered, at the time of delivery;
22.1.2 if sent by mail, two days after the date of posting.
22.2 In proving service by delivery:-
22.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
22.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.
23. DATA PROTECTION
23.1 All information provided to SA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.
23.2 SA reserves the right to pass on information when required by legislation, government authorities or the courts.