Terms and Conditions of Sale – 365 Consultancy Ltd

Interpretation and Precedence

1.1 Headings are for convenience only and do not affect interpretation.
1.2 Words in the singular include the plural and vice versa.
1.3 References to writing include email and electronic communication.
1.4 References to legislation include any amendments or replacements.
1.5 Where these Terms conflict with any platform terms (including iBidder or BidSpotter), these Terms prevail to the extent of the conflict.

Types of Bidding

2.1 Bidders may bid in person, online via iBidder, BidSpotter, or iBidder EU.
2.2 Other bidding methods may be permitted if expressly agreed with the auctioneer.

Nature of Auction

3.1 All auctions are trade-only sales, not consumer sales.
3.2 By registering, you confirm you are a trade buyer.

Binding Nature of Terms and Conditions

4.1 Registration constitutes acceptance of these Terms.
4.2 No bidder account will be approved without full acceptance.
4.3 All bids are binding with no exceptions.
4.4 These Terms apply to all forms of bidding.
4.5 Bidders confirm they have inspected lots prior to bidding.
4.6 No warranty or guarantee applies except where expressly stated in writing or covered by manufacturer’s warranty.

Exclusion of Sale of Goods Act

5.1 All sales are trade-only; consumer rights do not apply.
5.2 All implied terms and warranties, including those under the Sale of Goods Act 1979, are excluded.
5.3 Catalogue entries, images, reports, and statements are opinion only and may contain errors.
5.4 365 Consultancy Ltd is not liable for typographical, clerical, or accidental errors, which may be corrected without liability.
5.5 All lots are sold “as seen” and “as is”.

Online Bidding Information

6.1 Online information is for guidance only and must not be relied upon.
6.2 Bidders must undertake independent investigation and due diligence.

Payment Details

7.1 Payment must be by bank transfer only.
7.2 Cash or card payments (in person, online, or by phone) are prohibited.
7.3 Bank details: Account Name: 365 Consultancy Ltd, Bank: Allica Bank, Sort Code: 04-13-76, Account Number: 00020486, IBAN: GB65CIIV04137600020486, SWIFT/BIC: CLRBGB22XXX.
7.4 Funds must clear before any collection or delivery.
7.5 365 Consultancy Ltd is not responsible for banking or technical delays.

Invoice Details

8.1 The obligation to pay arises at hammer fall or acceptance of provisional/underbid, regardless of invoice receipt.
8.2 Invoices are issued in two consecutive parts but form one legal invoice:
8.2.1 Part 1: hammer price plus admin fee.
8.2.2 Part 2: (issued after part 1 is paid) buyer’s premium, VAT, disbursement fees, transportation charges (if applicable), and any other charges due under these Terms.
8.3 Payment of Part 1 does not complete the purchase. Both Parts must be paid.
8.4 Invoices are deemed issued once sent to registered contact details. Junk or spam filtering does not excuse non-payment.
8.5 Part 2 is normally issued promptly once Part 1 clears. Deadlines run from hammer fall, not invoice issue.
8.6 Failure to pay Part 2 is full non-payment. Any monies paid under Part 1 are forfeited.

Payment Deadline

9.1 Full cleared funds must be received by 2:00 PM on the day after hammer fall. This deadline is fixed and non-negotiable, and time is of the essence.
9.2 Failure to make payment by the deadline will result in the Vendor holding the right to remove the vehicle or item from the auction. A cancellation fee will then apply, consisting of the Buyer’s Premium together with any additional charges such as storage, late payment, administration, or disbursement fees. This cancellation fee must be paid within 24 hours of receipt of the cancellation invoice. Where payment is made after the deadline and the vehicle or item has already been removed from the auction, a refund will be issued minus the cancellation fee, which will be retained by 365 Consultancy Ltd.
9.3 Late payment fees will apply if full payment is not received within the deadline. The late payment fee is charged at the rate of 3 percent plus VAT per day, or £100 plus VAT per day, whichever is greater. The fee is calculated on the total payable invoice amount and is charged daily at the same time as the payment deadline until the invoice is paid in full.
9.4 Late payment fees are cumulative, non-refundable and will remain payable even if a cancellation of the lot is issued. These fees represent a genuine pre-estimate of the costs and disruption caused by late payment and are agreed liquidated damages, not a penalty.

Registration to Bid

10.1 Registration is required before bidding.
10.2 Account holders are responsible for all activity, including by third parties using their login.

How to Bid

11.1 Bidding may take place via iBidder, BidSpotter, in person, phone, or email where agreed.
11.2 Deposits may be required.
11.3 Multiple lots won are combined onto one invoice.

Auction Timing and Extensions

12.1 Auctions may be extended where bids are placed in the final minutes.
12.2 The auctioneer may extend, shorten, pause or restart at discretion.

Binding Bids and Underbids

13.1 All bids are irrevocable.
13.2 Underbids may be accepted within 48 hours. All bids remain valid during this period.

Buyer’s Premium and Fees

14.1 Buyer’s premium applies on all lots.
14.2 Rates and disbursement fees are shown in the Additional Fees tab of each lot.
14.3 VAT at 20 percent applies.
14.4 Transport, handling, and delivery charges, including those described in Sections 30A–30C and 38.4, also apply where relevant and form part of the buyer’s total payable invoice.

VAT on Hammer Price

15.1 VAT at 20 percent applies unless otherwise stated.

Request to Remove Bids

16.1 Once submitted, bids cannot be withdrawn.
16.2 Any permitted cancellation incurs a cancellation fee equal to buyer’s premium.

Provisional Bids

17.1 Provisional bids may be referred to vendors for up to 7 days.
17.2 Bidders remain bound during this period.

Reserve Met or On Sale

18.1 Where reserves are met, items may be invoiced before close of auction.
18.2 Such invoices must be paid within 48 hours.

Buy-It-Now

19.1 Buy-It-Now lots remain subject to all additional fees, premiums and VAT.

Risk, Title, Lien and Withholding

20.1 Risk passes at hammer fall or payment deadline, whichever earlier.
20.2 Title passes only when all sums due (for all lots, fees, storage, late charges) are fully paid.
20.3 365 Consultancy Ltd retains a lien over goods until all sums are paid.
20.4 In case of default, goods may be resold; shortfalls remain payable by the buyer.

After Winning Items

21.1 Invoices are issued electronically.
21.2 Payment must be made by bank transfer within the deadline.
21.3 Card payments are prohibited.

Failure to Pay

22.1 Non-payment is prohibited and will result in cancellation and recovery action.
22.2 Buyers remain liable for premiums, fees, late charges, storage and enforcement costs.

Legal Proceedings

23.1 Court action may be taken for recovery, including CCJ, bailiff or sheriff enforcement.
23.2 Buyers are liable for legal costs, interest at 8 percent per annum, and all charges.

Request to Cancel Sale

24.1 Cancellations are at the auctioneer’s discretion only.
24.2 If granted: buyer’s premium, re-auction entry fee (£199–£1000 plus VAT), admin and late fees apply. In the event that a winning bidder, after winning and auction has ended, requests to cancel the Contract / Purchase of any item, the acceptability of this request shall be at auctioneer’s discretion. Where auctioneer concedes to the request, fees set out hereinafter will apply with no exceptions to void the sale: A non-negotiable cancellation fee at the rate of the buyer’s premium stated within the "additional fees tab”. The bidder will be liable to pay for the "Re-Auction" entry fee, charged from £199+vat to £1000+vat (Auction entry fee depending on the item value) The administration fee is non refundable so also will be charged if a cancellation is processed. If the bidder has not meet the payment deadline and therefore is charged a late payment fee this is non refundable and will still stand and be charged if a cancellation is processed/requested.
24.3 Deposits and part-payments are forfeited. These charges represent agreed liquidated damages reflecting the costs, disruption and losses incurred by 365 Consultancy Ltd, and are not penalties.

Deposit Requests

25.1 A deposit of £300 may be requested.
25.2 Non-successful bidders may request refund.
25.3 Defaults forfeit deposits.

Removal of Items

26.1 The auctioneer may remove items from auction at discretion.

Viewing Items

27.1 Viewing is strongly advised.
27.2 Viewings by appointment via 01638 475400.

Mechanical Inspections

28.1 Inspections are by appointment only and under supervision.
28.2 Inspections may be conducted by AA, RAC, Green Flag, or another expert.

Item Testing

29.1 Unless stated, items are not tested.
29.2 Vehicles cannot be driven on public highways.

Images of Items

30.1 Images are guidance only.
30.2 Library photos may be used. Bidders are also informed that library photos may be uploaded in some cases where it is difficult to obtain original images of the item. Where example/library photos are used, this will be stated in the auctioneers notes. Example photos may not represent a true example of the vehicle/item. Please contact the auctioneer for verification of the model as these may differ for each vehicle/item. Bidders are further informed that damages to any item due to the item colour, photo angle or weather sometimes may be difficult to see in images.
30.3 Weather or lighting may affect appearance.

Lot Location

30A.1 Any lot location displayed as “London” or at our sales venue address is for general guidance only and must not be relied upon as the actual storage or collection point.
30A.2 Where available, specific location details will be provided under the Auctioneer’s Notes.
30A.3 If no location is displayed, bidders must contact 365 Consultancy Ltd for confirmation before bidding.
30A.4 Buyers are responsible for confirming the collection location prior to arranging transport or collection.

Vehicle Location

30B.1 Where a vehicle location is shown as “TBC” (to be confirmed), this indicates that the precise location of the vehicle is not yet confirmed at the time of sale.
30B.2 Following the fall of the hammer, the winning bidder will be charged the applicable transportation costs incurred in moving the vehicle to our Cambridgeshire collection depot.
30B.3 The “TBC” designation is used to demonstrate that such transport costs may apply and does not guarantee that the vehicle will be available at a specific location at hammer fall.
30B.4 Buyers remain responsible for settling all transport charges in addition to the hammer price, buyer’s premium, VAT, and any other applicable fees.

Collection and Transport

30C.1 Vehicles are not available for collection at the vendor’s address under any circumstances.
30C.2 Following the fall of the hammer, the winning bidder must pay the applicable transport charges to move the vehicle to our Cambridgeshire collection depot.
30C.3 If the buyer does not wish to collect from the depot, 365 Consultancy Ltd may arrange further delivery to the buyer’s chosen address at the buyer’s additional cost.
30C.4 All transport and delivery charges are payable in full before collection or onward delivery is scheduled.

Documentation

31.1 V5 and HPI status is stated in lot description where available.
31.2 HPI reports are available post-payment (£20 including VAT).

Personal Registration Plates

32.1 Plates are not included unless expressly stated.
32.2 Removal requires a non-refundable deposit.

Auctioneer’s Notes

33.1 Known faults or disbursement fees are listed in Auctioneer’s Notes.
33.2 All material information known to 365 Consultancy Ltd will be disclosed, but buyers must rely on their own inspections and checks, and no warranty is given that the information is complete.

Delivery

34.1 Delivery may be arranged at bidder’s cost (up to £4.75 per mile).
34.2 Only scheduled after full payment.
34.3 Additional charges apply for the collection or delivery of non-runners, vehicles without keys, or vehicles with major mechanical faults, as set out in clause 38.4.

Collecting Vehicles or Machinery

35.1 Buyers must arrange road tax before collection.
35.2 Buyers must hold correct driving licences or certificates.

MOT Certificates

36.1 Absence of MOT detail means none is available.
36.2 Buyers must check before bidding.

Vehicle Categories (V Car)

37.0 Where any item states V car category, it shall be interpreted that the vehicle is either damaged as at the time of sale or was previously damaged.
37.1 CAT A: Scrap only.
37.2 CAT B: Break only.
37.3 CAT C or S: Damaged or repaired.
37.4 CAT D or N: Light damage or repaired.

Non-Runners, No Keys, or Major Mechanical Faults

38.1 Where items are described as Non-Runner, such item shall be deemed for unknown reasons not to start or drive any faults listed in the description is no guarantee they are the only faults. Unless otherwise expressly stated in item description, 365 Consultancy Ltd shall bear no responsibility and potential buyer shall buy at their own risk.
38.2 Lots without keys are deemed non-runners.
38.3 Lots identified as having major mechanical faults are treated as non-runners for the purposes of collection, delivery, and fees.
38.4 A flat-rate handling and loading charge of £650 plus VAT per lot applies to all non-runners, vehicles without keys, or vehicles with major mechanical faults.

Mileage and MOT Status

39.1 Mileage may be warranted, verified, unverified, incorrect, or unknown.
39.2 Buyers must conduct their own checks.
39.3 No warranty is given.

Storage Fees

40.1 £50 plus VAT per day (for invoices under £10,000).
40.2 £100 plus VAT per day (for invoices £10,000 or above).
40.3 Charged daily, including holidays.
40.4 Charged per lot.
40.5 After 90 days, items may be resold or scrapped.

Abandoned Sales

41.1 Items not collected within 7 days of payment deadline may be declared abandoned. Items not fully paid for within 7 days of payment dealine may also be declared abandoned. 
41.2 Abandoned items may be resold, scrapped, or disposed of.
41.3 All monies paid are forfeited.
41.4 Buyer remains liable for fees and shortfalls.

Refunds, Buy Backs and Renegotiations

42.1 All purchases are full and final.
42.2 There shall be no refunds, buy backs or renegotiations where the buyer is not satisfied with any purchase made.

Notices

43.1 Notices are deemed served once sent by email, courier, or post.

Force Majeure

44.1 Neither party is liable for failure outside reasonable control.
44.2 In such circumstances, 365 Consultancy Ltd may suspend or cancel the sale without liability, and the buyer shall only be entitled to a refund of any sums paid, less any reasonable costs already incurred.

Severance

45.1 Invalid provisions are severed without affecting the remainder.

Third-Party Rights

46.1 No third-party rights apply.

Updates of Terms and Conditions

47.1 365 Consultancy Ltd may at any time, without notification, update these Terms and Conditions.
47.2 Returning bidders are responsible for ensuring they keep up to date with the current Terms and Conditions.

Governing Law

48.1 These Terms are governed by the laws of England and Wales.
48.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising under or in connection with these Terms.