Fiat Stilo Dynamic 1.6 16v Reg No: RV54FYD

Terms and Conditions For Buyers

1 Acceptance of Terms

1.1 Please read these Terms and Conditions of Purchase carefully as registration constitutes your acceptance of these Terms. We reserve the right to update the Terms at any time.

2 Definitions and interpretation

2.1 The following terms shall have the meanings given to them when used in these Terms (except where the context otherwise requires):

(a) Ancillary Documents: means our Auction Rules, our Privacy Policy, our Returns Policy and our Prohibited Items List;

(b) Business Day: a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;

(c) Business Hours: shall mean, on a Business Day, 9am to 5pm inclusive;

(d) Millbank: Millbank Auctioneers Limited, Southampton Motor Auction Millbank Limited

(e) Item: means an item of goods which is auctioned on the Website;

(f) Premises: means our premises or the premises that the lots are stored or held including third party storage facilities;

(g) Registration Details: means those details submitted by you to us via our online registration form on the Website, and as updated by you from time to time, including but not limited to your name, address and credit and / or debit card details;

(h) Terms: means these terms and conditions of purchase

(i) Vendor used in these conditions shall include the owner of the Item, his authorised agent, and any other person offering the Item to the Auctioneers for sale whether he be authorised by the owner or not.

(j) Purchaser used in these conditions shall include the person to whom the Item is sold by private treaty, the highest bidder, the person declared by the Auctioneers as being the purchaser and if any of the aforesaid persons are acting for a principal, the principal himself.

(k) Sale used in these conditions shall include sale by private treaty as well as by auction.

3 Following your purchase

3.1 You shall not be entitled to collect, or have delivered, any Items which you have purchased unless and until we have received full payment in cleared funds for all such Items, including but not limited to any applicable VAT, buyers premium, internet premium, collection charges, delivery charges and storage fees. Delivery of the Item in accordance with term 5.

3.2 Where an Item is located at our Premises, and collection or removal for delivery has not been completed we shall be entitled to treat the Item as abandoned if no communication from you has been received following the expiry of the deadline.

3.3 Risk and title in the Items shall pass to you in accordance with our Auction Rules.

3.4 Millbank reserve the right to withdraw any item from the sale at any point without notice.

3.5 Millbank reserve the right to amend the terms and conditions of sale at any point during the sale.

4 Any collection time agreed with us shall be final and you agree to collect the relevant Item at that time.

4.1 Upon your request, we shall use our reasonable endeavours to arrange porters to help you carry an Item from our loading bay to your transport. There may be an additional charge for this service of £5 per member of staff.

5 Upon your request, we will use our reasonable endeavours to source a third party courier to deliver your Item to you. Should you wish to instruct such third party courier to deliver the Item on your behalf, you shall contract directly with the courier. Our involvement shall be restricted solely to sourcing the courier. We make no warranty or representation as to the suitability of the courier and we exclude all liability for any losses, liabilities or costs which arise directly or indirectly from your use of the courier. We shall be entitled to charge for our services in sourcing a courier on your behalf at our then prevailing rates, which are available upon request.

6. Where an Item is located at our Premises, we may if space allows and at your request, store it on your behalf at our then prevailing rates, which are available upon request.

6.1 Our storage fees shall be payable weekly in advance and shall be subject to VAT.

6.2 Where collection, or removal for delivery, of an Item has not been completed we shall be entitled to charge storage fees at our then prevailing rates from the date of the deadline for collection or removal for delivery.

6.3 Where any fees due from you in accordance with this term 6 remain unpaid for a period of ten (10) Business Days, we shall be entitled to re-auction the Item(s) to which the fees relate and deduct all monies due to us from the sale proceeds. We shall then account to you for any balance of the proceeds. Where the sale proceeds are insufficient to pay the monies due to us, the full amount of any unpaid balance shall remain payable in full.

6.4 When attending our premises, all visitors must abide by any restrictions or guidance notices. All entry to the premises is at your own risk.

7 Interest

Without prejudice to any other remedy which may be available to us, whether in accordance with these Terms or otherwise, where any monies due from you in accordance with these Terms remain unpaid for a period of ten (10) Business Days, we may charge you interest on the outstanding monies at the rate of 4% a year above the base rate of the Bank of England in force from time to time, from the date payment became due until actual payment is made irrespective of whether the date of payment is before or after any judgment or award in respect of it.

8 Insurance and our liability

8.1 Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

8.2 All vehicles are sold without warranty, it shall be implied that they are sold with all faults, imperfections and errors of description and the purchaser shall have no right to return the vehicle to claim damages, or to any other remedy of whatsoever nature.

8.3 On the sale of any Item the contract shall be deemed to have been made between the Vendor and the Purchaser and neither the Vendor nor the Purchaser shall have any legal right of action against the Auctioneers in respect of any cause or matter arising out of the sale.

9 Company and contact details

Millbank Auctioneers Limited

Millbank Business Centre

72-94 Millbank Street

Southampton

SO14 5QN

023 8023 6329

10 The company’s VAT registration number is :132690130

11 Applicable law

These Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation thereto.

12 Events beyond our control

We will not be in breach of these Terms or otherwise liable for any delay in performance if, and to the extent that, any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

13 Invalidity

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

14 Entire agreement

These Terms, together with any document expressly referred to within its provisions (including but not limited to the Ancillary Documents) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. If there is an inconsistency between any of these Terms and the provisions of the Auction Rules, the provisions of the Auction Rules shall prevail.

Millbank Auctioneers Limited

Millbank Business Centre

72-94 Millbank Street

Southampton

SO15 5QN