6
Lot
6
All items to be removed by Friday 11th December
Bidders are responsible for arranging removal of all goods,
Delivery services available, please contact office for a quote
Payments by bank transfer only
Viewing & collection by prior appointment only
£500 refundable deposit by bank transfer required by persons not known to the auctioneer
All purchases must be paid for within 5 working days & collected within 10.
COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS
Please read these purchaser terms and conditions (“Purchaser
Terms”) carefully as by attending and/or participating
in one of our auctions you automatically accept and
agree to these Purchaser Terms and that same are binding
upon you. If you do not agree to the Purchaser Terms please
do not attend or participate in any of our auctions. You are
strongly urged to read these conditions before selling your
vehicle.
Copies of these terms and conditions will be supplied on
request free of charge. Your attention is specifically drawn
to Condition 24. Buyers have certain rights which can be
exercised only within these time limits
References in these Purchaser Terms to (i) “person(s)”
means you and all other individuals, sole traders, companies
and other legal entities bidding for Lots via the auction,
(ii) “purchasers” means the persons who successfully bid
to purchase a Lot via the auction, (iii) to “we”, “us” and
“our” are references to Commercial Vehicle Auctions Limited
(CVA), and (iv) to “Lots” are to lots offered for sale in our
auctions.
Bidding for Lots
1. We reserve the right in our absolute discretion for our
auctioneers (i) to fix an advance or reserve price for
any Lot, (ii) to accept or refuse to accept a bid from
any person, and (iii) in the case of a dispute as to any
bid for a Lot, to determine the dispute (by declaring
which person is the accepted bidder or otherwise), or
put the Lot up again for auction at the last undisputed
bid, or withdraw the Lot from the auction.
2. In the event that the auctioneer exercises the
discretion to cancel the contract referred to at
Condition 9 herein neither the original buyer nor the
seller shall be entitled to rely on the original contract
of sale for any purpose whatsoever save that the
buyer shall be entitled to the return of any deposit or
other money which he may have paid thereunder.
3. No person may advance less as a bid than a sum
to be named from time to time by the auctioneers.
4. The vendor of a Lot may in its absolute discretion
(i) bid for any Lot either personally, or by instructing
us (or any other person) to do so, as many times as
they may think fit, and (ii) withdraw any Lot.
5. Subject to paragraph 1 above, the highest bidder for
each Lot shall be the purchaser of that Lot. No person
can retract a bid once made.
Sale of Lots
6. On the sale of a Lot, a contract is entered into
between the vendor and the purchaser of the Lot. We
only act as agent in respect of the sale process and
neither the vendor nor the purchaser of the Lot has any
legal right of action against us in respect of any cause
or matter arising out of the sale of the Lot and/or its
contract for sale.
7. Purchasers are not entitled to transfer ownership of Lots
to a sub-purchaser.
8. A contract of sale shall be made and a vehicle shall
be sold when and only when the hammer falls. The
purchaser shall be the maker of the highest bid accepted
by the auctioneer. The price shall be the amount of the
highest bid accepted by the auctioneer.
9. The purchaser of a Lot must give their name,
address and proof of identity (or other information
which may be required for the purposes of the Money
Laundering Regulations 2007) to us and the auctioneers
immediately upon the sale of the Lot. In the event
of any dispute we may be required to disclose this
information by law. If he fails to do so (whether or
not he tenders the price) the auctioneer shall have the
absolute discretion to cancel the contract of sale.
10. Each Lot shall become the purchaser’s risk and liability
from the fall of the hammer or other sale of the Lot
howsoever arising.
11. The ownership of a Lot shall only transfer to the
purchaser on the purchaser’s payment in full of cleared
funds for the full purchase price for the Lot plus our
applicable service charge.
12. From fall of the hammer, the Lots shall be stored
on our premises at all times at the purchaser’s own
risk and we shall not be responsible for any loss of or
damage to any Lots howsoever caused.
13. Bid and commissions given by telephone or online are
accepted at your risk and must be confirmed in writing
before the date of sale and the cheque must be
cleared in advance of bidding taking place.
14. We sell as agents for vendors (except where we are
stated wholly or partly to own any Lot as principal)
and as such are not responsible for any default by the
vendor.
15. Vehicles are sold with the benefit of any unexpired
vehicle excise licences attached thereto and current
MOT certificates relating thereto.
Private Treaty Sales
16. If a vehicle fails to reach its reserve price CVA shall
be entitled but not obliged to inform the seller of the
highest bid. If required CVA will provide facilities and
services which may be utilised by the seller to make
a contract for the sale of the vehicle to the highest
bidder or to any other person interested in the vehicle.
16.1 A private treaty sale shall mean:
16.1.1 any sale that arises from the provision
of the aforesaid information, facilities or
services;
16.1.2 any other sale of the vehicle which is
agreed at the auction premises but is
not a sale that is concluded by the fall
of the hammer in the auction hall.
16.2 When a private treaty sale occurs CVA shall be
entitled to commission and the buyer’s fee.
16.3 Whether or not the vehicle was put up for auction
“as seen” Condition 25 shall not apply to a
private treaty sale. The terms of a private treaty
sale shall not and shall not suggest to exclude
any statutory rights which the buyer may have
but save as aforesaid shall be on such terms as
are expressly or by implication agreed by or on
behalf of the parties to the private treaty sale.
16.4 CVA is not and shall not be deemed to be a
party to or liable upon a private treaty sale and
shall not incur any liability to any party thereto
by reason only of the fact that CVA has facilitated
and/or negotiated said sale and thereafter
released the vehicle to the purchaser.
16.5 In the event of a dispute between the parties to
a private treaty sale CVA shall be obliged to do
no more than provide each party with the name
and address of the other.
Payments
17. All purchasers are liable to pay a Buyer’s premium to us
in respect of their purchase of a Lot. The Buyer’s
premium shall be for the amount published on the day of
the auction and shall be payable by the purchaser before
the Lot is removed from our premises.
18. Upon the hammer falling on a sale (or the sale of
the Lot howsoever arising), the purchaser must
immediately pay to us as agent for the vendor, the full
purchase price of the Lot, or a deposit of the higher of
10% of the hammer value of the Lot and £2000. Deposits
are to be paid in cash, by bank transfer, or by chip and
pin and are not to be paid over the telephone.
19. Unless otherwise specified, all purchases are subject
to VAT which shall be payable at the prevailing rate
in addition to the value of the purchase. Lots
purchased for export shall also be charged VAT which
shall be repayable on production of unequivocal written
evidence that the Lot has been exported in accordance
with HMRC regulations. We reserve the right to
determine what constitutes the correct proof of export a
lot. This evidence must be received by us within 3
months from the date of the sale (or 13 weeks from date
of sale) and even if evidence is produced after the time
period it will be too late to claim the VAT as it will have
been paid back to the vendor.
20. The purchaser must pay the full purchase price plus VAT
(less any deposit) and our service charge to the
auctioneers’ cashier before ownership of the Lot passes
to the purchaser and before the Lot can be removed
from our premises by the purchaser. If the purchasers
purchases more than one Lot, it must pay in cleared
funds for all Lots purchased before any of them may be
removed from our premises.
21. Full payment must be made and the Lots removed from
our premises within 5 days of the auction date. All
payments by cheque must clear within these 5 days. A
purchaser paying by cheque is only entitled to take
possession of the Lots once the cheque payment has
cleared and ownership has transferred.
22. No purchase may be removed during the sale or until
such time as all other money due from the purchaser
shall have been paid. If the Lot is not removed within
5 days of the auction, we are entitled to charge a
storage fee of £25 plus VAT per day commencing on the
day after the auction date until the date the Lot is
removed from our premises. CVA reserve the right to
move any Lot not removed withing 5 working days to a
different premises at the purchasers cost.
Consequences of non-payment
23. If any Lot is not paid for in full and cleared funds and
removed by the purchaser from our premises within
5 days of the auction, or if the purchaser is otherwise
in breach of these Purchaser Terms, we (as agents
of the vendor) in our absolute discretion and without
prejudice to any other rights that we and/or our
vendors may have, shall be entitled to exercise one or
more of the following rights or remedies:-
(a) retain the deposit and deem it forfeited by the
defaulting purchaser;
(b) proceed against the defaulting purchaser for damages
for breach of contract;
(c) rescind the sale of the Lot;
(d) rescind the sale of any other Lot sold to the
defaulting purchaser at the same or any other
auction and which has also not been paid for in full
in cleared funds;
(e) close the defaulting purchaser’s account with us
and ban the defaulting purchaser from attending
any further auctions run by us or on our behalf;
(f) resell the Lot, or cause it to be resold, by public
auction or private sale. The defaulting purchaser
shall then be liable pay to us the costs incurred in
connection with the resale plus the value of any
shortfall between the amount of the purchase price
agreed by the defaulting purchaser for purchase
of the Lot and the price paid upon actual sale of
the Lot to a third party, to the extent that any
deposit paid by the purchaser is less than the
shortfall;
(g) remove, store (either at our premises or elsewhere)
and insure the Lot at the expense of the defaulting
purchaser;
(h) charge interest at the rate of 2% above the base
rate of HSBC plc on all sums due, such interest
shall accrue on a daily basis and be compounded
quarterly from the expiry of 5 days after the date
of the auction to the date of payment in full for the
Lot;
(i) retain possession of the Lot and all other Lots
from time to time sold to the purchaser pending
payment in full of the Lot;
(j) apply any proceeds of sale then due or at any
time afterwards becoming due to the defaulting
purchaser on its own sale of goods at our auctions
towards settlement of the purchase price of
the Lot and exercise a lien on any property of the
defaulting purchaser which is in our possession for
any purpose.
State and condition of Lots
24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS
OR IMPLIED WARRANTIES, AND SUBJECT TO ALL
FAULTS AND IMPERFECTIONS AND ALL ERRORS OF
DESCRIPTION.
25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE
NO RIGHT TO RETURN THE LOTS OR TO CLAIM
DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN
CONNECTION WITH THE LOTS.
26. Purchasers must satisfy themselves as to the quality
and condition of the Lots, including when making
purchases at a distance, whether by means of an
agent, or by telephone, internet of otherwise.
27. Illustrations and descriptions in catalogues or brochures
are for general identification only. Purchasers should
satisfy themselves prior to the auction as to the
condition of each Lot. Any statement by us and/or the
auctioneers as to the Lot is a statement of opinion only
and all person should rely on their own judgment as to
all matters affecting the Lot.
28. We are not responsible for any errors of description of
the Lot, or for the authenticity of any Lot, or for any
misstatement as to any matter affecting the Lot.
29. We have no authority to make or give, and do not
give, any representation or warranty in relation
to any Lot. All and any implied conditions and/or
warranties in respect of the Lots are hereby excluded
to the maximum extent permitted by law. This does
not affect your statutory rights as a consumer, nor
does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or
other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in
connection with the Conditions for:
• any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or
incurred by that party arising out of or in
connection with the provisions of any matter
under the Conditions.
Additional terms and conditions in relation to vehicles
30. Any reference to the age of a vehicle in the particulars
relating to it is intended to be a reference to the year
of first registration of the vehicle in the United Kingdom.
31. CVA do not guarantee that the odometer reading on
any vehicle sold through the auction is correct and
consequently will not be liable for any loss arising
should it transpire after purchase that such a reading
has been altered in any way.
32. The purchaser of any vehicle is responsible
for complying with all legal requirements as to
the construction and use of that vehicle and
for obtaining all certificates, permits and other
authorisations necessary before that vehicle can be
used on any public highway.
33. From the fall of the hammer or other sale of the Lot
howsoever arising, the purchaser shall be liable for
any road traffic offences, fines or other breach of any
legislation relating to use of the vehicle.
34. Every vehicle is sold in the auction subject to
agreement from the purchaser that the vehicle will
not be used on public highways within the United
Kingdom unless and until it has been put into such
condition that it may lawfully be so used. Where a
vehicle is purchased which does not comply with
the Road Traffic Acts and/or the Motor Vehicle
(Construction and Use) Regulations (as the same may
be updated or amended from time to time) and/
or any other legislation applicable to the upkeep,
maintenance and/or use of vehicles, the purchaser
shall not remove it from our premises under its own
power. Where a vehicle is purchased which does
not comply with the Health and Safety at Work etc.
Act 1974, and/or any other legislation in the UK,
purchasers are required to ensure that the use of any
such vehicle at a place of work within the UK does not
contravene such relevant Act or Regulations.
Safety
35. In operating the auction it is necessary for there
to be several moving vehicles at any one time. All
persons attending our premises (whether before,
during or after the auction) attend at their own
risk. All persons must take all necessary precautions
at all times to ensure their own safety whilst on our
premises.
36. Subject to paragraph 34 above, we shall not be liable
for any death or personal injury suffered on our
premises.
37. Persons under the age of 18 (“minors”) are allowed
on the auction premises only under the close
supervision at all times of an accompanying adult.
The adult must take responsible care of the minors
at all times to ensure their safety and shall ensure
that such minors only access the main Auction
Centre and under no circumstances access the
Vehicle Compound or come within close proximity of
moving vehicles.
General
38. We reserve the right to update these Purchaser
Terms at any time and will place notices on our
premises and website confirming any such update.
39. 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.
40. Nothing in these Purchaser Terms limits or excludes
liability for death or personal injury resulting from
negligence, or limits or excludes liability arising from
fraud or fraudulent misrepresentation.
41. These Purchaser Terms shall be governed by and
construed in accordance with English law and you
and we hereby submit to the exclusive jurisdiction of
the English courts.
42. The provisions of the Contracts (Rights of Third
Parties) Act do not apply to these Purchaser Terms
and so only you and we are entitled to enforce these
Purchaser Terms.
Severance
43. If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then
that provision shall be deemed to be severable from
the Conditions and shall not affect the validity and
enforceability of any of the remaining provisions of the
Conditions.
Waiver
44. No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
45. Each provision of the Conditions shall be construed
as separately applying and surviving even if for
any reason one or other of those provisions is
held to be inapplicable or unenforceable in any
circumstances.
Entire agreement
46. These Conditions govern our relationship with you. Any
changes to these Conditions must be in writing and
signed by both parties. By doing this we clarify each
other’s rights and obligations and should a dispute arise
we can revert to same to ascertain what each party is
expected to do. In agreeing to accept the Conditions,
you are also confirming that you have not relied
on any representation made to you unless same has
expressly been made a term of these Conditions and you
agree that you shall have no remedy in respect of any
representation.
CVA UNDERTAKINGS
46.1 CVA undertakes and represents that:-
46.1.1 each lot that appears for sale at
the auction has been provided to
and accepted by CVA into same
in good faith;
46.1.2 the seller has the absolute right
to sell the legal and beneficial
interest in the vehicle and that
same will be unencumbered;
46.1.3 the vehicle’s mileage indicated
by the odometer is accurate if
but only if and to the extent if
any that the auctioneer both
announces a vehicle’s mileage
and states that it is accurate.
Nothwithstanding the fact that
the auctioneer has made such
an announcement as to the accuracy
of the mileage indicated
on the odometer CVA gives
no undertaking and makes no
representation as to the vehicle’s
mileage and furthermore, the
vehicle is sold on the basis
that any indication of the
vehicle’s mileage given by the
vehicle’s odometer by anything
attached to the vehicle or by the
auctioneer has not been independently
verified and as such it
is or may be inaccurate;
46.1.4 unless the entry form discloses
that a vehicle is or has been
treated by an insurance company
as a total loss and the
auctioneer makes an announcement
to this effect, the vehicle
is not and has not been treated
as a total loss by an insurance
company;
46.1.5 unless the vehicle is sold and purchased
“as seen” the auctioneer
will announce details of any major
mechanical defect disclosed in
the entry form;
46.1.6 unless the vehicle is sold and
purchased “as seen” if any of
the following are disclosed on
the entry form: that a vehicle
has sustained serious accident
damage, has been owned and/
or used by the police or as a
licensed hackney carriage, has
been re-registered or imported
or is not in such a condition as
to be used lawfully upon the
road, then the auctioneer will
announce the matter or matters
disclosed.
46.2 In the event of any breach of the
above undertakings and representations
then CVA will be liable to the buyer
in damages however, CVA’s liability for
such breach of the above undertakings
and representations shall not exceed the
price paid for the vehicle by the buyer.
Should there be acclaim for mileage
same shall be subject to any such claim
being notified to CVA within 7 days of
the contract of sale. Notwithstanding
anything above CVA gives or makes
no undertaking, representation or warranty
with regard to any vehicle and
no such undertaking, representation
or warranty on the part of CVA, the
auctioneer or the branch manager is
given or made or is to be implied as to
the age, mileage, description, suitability,
fitness for purpose, satisfactory quality or
roadworthiness of any vehicle by virtue of
anything contained in these Conditions
or by reason of any one or more of
the following:
46.2.1 the fact that CVA has accepted
the vehicle into the auction;
46.2.2 the invitation by the auctioneer
for bids for the vehicle;
46.2.3 the publication by CVA of anything
which CVA is authorised
to publish by virtue of Condition
5 of the Vendor terms and
conditions;
46.2.4 the announcement by the
auctioneer during the auction,
whether before or after the invitation
to bid, of anything which
the auctioneer is authorised to
announce by virtue of Condition
5 of the Vendor terms and conditions;
46.2.5 the fact that an engineer’s report
or any other document has been
affixed to the vehicle or that any
particular statement has been
made in any such report or other
document;
46.2.6 the fact that pursuant to Condition
5 of vendors terms and
conditions CVA inserted in the
entry form particulars of the
mechanical condition of the
vehicle or that any particular
statement was inserted.
COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS
Please read these purchaser terms and conditions (“Purchaser
Terms”) carefully as by attending and/or participating
in one of our auctions you automatically accept and
agree to these Purchaser Terms and that same are binding
upon you. If you do not agree to the Purchaser Terms please
do not attend or participate in any of our auctions. You are
strongly urged to read these conditions before selling your
vehicle.
Copies of these terms and conditions will be supplied on
request free of charge. Your attention is specifically drawn
to Condition 24. Buyers have certain rights which can be
exercised only within these time limits
References in these Purchaser Terms to (i) “person(s)”
means you and all other individuals, sole traders, companies
and other legal entities bidding for Lots via the auction,
(ii) “purchasers” means the persons who successfully bid
to purchase a Lot via the auction, (iii) to “we”, “us” and
“our” are references to Commercial Vehicle Auctions Limited
(CVA), and (iv) to “Lots” are to lots offered for sale in our
auctions.
Bidding for Lots
1. We reserve the right in our absolute discretion for our
auctioneers (i) to fix an advance or reserve price for
any Lot, (ii) to accept or refuse to accept a bid from
any person, and (iii) in the case of a dispute as to any
bid for a Lot, to determine the dispute (by declaring
which person is the accepted bidder or otherwise), or
put the Lot up again for auction at the last undisputed
bid, or withdraw the Lot from the auction.
2. In the event that the auctioneer exercises the
discretion to cancel the contract referred to at
Condition 9 herein neither the original buyer nor the
seller shall be entitled to rely on the original contract
of sale for any purpose whatsoever save that the
buyer shall be entitled to the return of any deposit or
other money which he may have paid thereunder.
3. No person may advance less as a bid than a sum
to be named from time to time by the auctioneers.
4. The vendor of a Lot may in its absolute discretion
(i) bid for any Lot either personally, or by instructing
us (or any other person) to do so, as many times as
they may think fit, and (ii) withdraw any Lot.
5. Subject to paragraph 1 above, the highest bidder for
each Lot shall be the purchaser of that Lot. No person
can retract a bid once made.
Sale of Lots
6. On the sale of a Lot, a contract is entered into
between the vendor and the purchaser of the Lot. We
only act as agent in respect of the sale process and
neither the vendor nor the purchaser of the Lot has any
legal right of action against us in respect of any cause
or matter arising out of the sale of the Lot and/or its
contract for sale.
7. Purchasers are not entitled to transfer ownership of Lots
to a sub-purchaser.
8. A contract of sale shall be made and a vehicle shall
be sold when and only when the hammer falls. The
purchaser shall be the maker of the highest bid accepted
by the auctioneer. The price shall be the amount of the
highest bid accepted by the auctioneer.
9. The purchaser of a Lot must give their name,
address and proof of identity (or other information
which may be required for the purposes of the Money
Laundering Regulations 2007) to us and the auctioneers
immediately upon the sale of the Lot. In the event
of any dispute we may be required to disclose this
information by law. If he fails to do so (whether or
not he tenders the price) the auctioneer shall have the
absolute discretion to cancel the contract of sale.
10. Each Lot shall become the purchaser’s risk and liability
from the fall of the hammer or other sale of the Lot
howsoever arising.
11. The ownership of a Lot shall only transfer to the
purchaser on the purchaser’s payment in full of cleared
funds for the full purchase price for the Lot plus our
applicable service charge.
12. From fall of the hammer, the Lots shall be stored
on our premises at all times at the purchaser’s own
risk and we shall not be responsible for any loss of or
damage to any Lots howsoever caused.
13. Bid and commissions given by telephone or online are
accepted at your risk and must be confirmed in writing
before the date of sale and the cheque must be
cleared in advance of bidding taking place.
14. We sell as agents for vendors (except where we are
stated wholly or partly to own any Lot as principal)
and as such are not responsible for any default by the
vendor.
15. Vehicles are sold with the benefit of any unexpired
vehicle excise licences attached thereto and current
MOT certificates relating thereto.
Private Treaty Sales
16. If a vehicle fails to reach its reserve price CVA shall
be entitled but not obliged to inform the seller of the
highest bid. If required CVA will provide facilities and
services which may be utilised by the seller to make
a contract for the sale of the vehicle to the highest
bidder or to any other person interested in the vehicle.
16.1 A private treaty sale shall mean:
16.1.1 any sale that arises from the provision
of the aforesaid information, facilities or
services;
16.1.2 any other sale of the vehicle which is
agreed at the auction premises but is
not a sale that is concluded by the fall
of the hammer in the auction hall.
16.2 When a private treaty sale occurs CVA shall be
entitled to commission and the buyer’s fee.
16.3 Whether or not the vehicle was put up for auction
“as seen” Condition 25 shall not apply to a
private treaty sale. The terms of a private treaty
sale shall not and shall not suggest to exclude
any statutory rights which the buyer may have
but save as aforesaid shall be on such terms as
are expressly or by implication agreed by or on
behalf of the parties to the private treaty sale.
16.4 CVA is not and shall not be deemed to be a
party to or liable upon a private treaty sale and
shall not incur any liability to any party thereto
by reason only of the fact that CVA has facilitated
and/or negotiated said sale and thereafter
released the vehicle to the purchaser.
16.5 In the event of a dispute between the parties to
a private treaty sale CVA shall be obliged to do
no more than provide each party with the name
and address of the other.
Payments
17. All purchasers are liable to pay a Buyer’s premium to us
in respect of their purchase of a Lot. The Buyer’s
premium shall be for the amount published on the day of
the auction and shall be payable by the purchaser before
the Lot is removed from our premises.
18. Upon the hammer falling on a sale (or the sale of
the Lot howsoever arising), the purchaser must
immediately pay to us as agent for the vendor, the full
purchase price of the Lot, or a deposit of the higher of
10% of the hammer value of the Lot and £2000. Deposits
are to be paid in cash, by bank transfer, or by chip and
pin and are not to be paid over the telephone.
19. Unless otherwise specified, all purchases are subject
to VAT which shall be payable at the prevailing rate
in addition to the value of the purchase. Lots
purchased for export shall also be charged VAT which
shall be repayable on production of unequivocal written
evidence that the Lot has been exported in accordance
with HMRC regulations. We reserve the right to
determine what constitutes the correct proof of export a
lot. This evidence must be received by us within 3
months from the date of the sale (or 13 weeks from date
of sale) and even if evidence is produced after the time
period it will be too late to claim the VAT as it will have
been paid back to the vendor.
20. The purchaser must pay the full purchase price plus VAT
(less any deposit) and our service charge to the
auctioneers’ cashier before ownership of the Lot passes
to the purchaser and before the Lot can be removed
from our premises by the purchaser. If the purchasers
purchases more than one Lot, it must pay in cleared
funds for all Lots purchased before any of them may be
removed from our premises.
21. Full payment must be made and the Lots removed from
our premises within 5 days of the auction date. All
payments by cheque must clear within these 5 days. A
purchaser paying by cheque is only entitled to take
possession of the Lots once the cheque payment has
cleared and ownership has transferred.
22. No purchase may be removed during the sale or until
such time as all other money due from the purchaser
shall have been paid. If the Lot is not removed within
5 days of the auction, we are entitled to charge a
storage fee of £25 plus VAT per day commencing on the
day after the auction date until the date the Lot is
removed from our premises. CVA reserve the right to
move any Lot not removed withing 5 working days to a
different premises at the purchasers cost.
Consequences of non-payment
23. If any Lot is not paid for in full and cleared funds and
removed by the purchaser from our premises within
5 days of the auction, or if the purchaser is otherwise
in breach of these Purchaser Terms, we (as agents
of the vendor) in our absolute discretion and without
prejudice to any other rights that we and/or our
vendors may have, shall be entitled to exercise one or
more of the following rights or remedies:-
(a) retain the deposit and deem it forfeited by the
defaulting purchaser;
(b) proceed against the defaulting purchaser for damages
for breach of contract;
(c) rescind the sale of the Lot;
(d) rescind the sale of any other Lot sold to the
defaulting purchaser at the same or any other
auction and which has also not been paid for in full
in cleared funds;
(e) close the defaulting purchaser’s account with us
and ban the defaulting purchaser from attending
any further auctions run by us or on our behalf;
(f) resell the Lot, or cause it to be resold, by public
auction or private sale. The defaulting purchaser
shall then be liable pay to us the costs incurred in
connection with the resale plus the value of any
shortfall between the amount of the purchase price
agreed by the defaulting purchaser for purchase
of the Lot and the price paid upon actual sale of
the Lot to a third party, to the extent that any
deposit paid by the purchaser is less than the
shortfall;
(g) remove, store (either at our premises or elsewhere)
and insure the Lot at the expense of the defaulting
purchaser;
(h) charge interest at the rate of 2% above the base
rate of HSBC plc on all sums due, such interest
shall accrue on a daily basis and be compounded
quarterly from the expiry of 5 days after the date
of the auction to the date of payment in full for the
Lot;
(i) retain possession of the Lot and all other Lots
from time to time sold to the purchaser pending
payment in full of the Lot;
(j) apply any proceeds of sale then due or at any
time afterwards becoming due to the defaulting
purchaser on its own sale of goods at our auctions
towards settlement of the purchase price of
the Lot and exercise a lien on any property of the
defaulting purchaser which is in our possession for
any purpose.
State and condition of Lots
24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS
OR IMPLIED WARRANTIES, AND SUBJECT TO ALL
FAULTS AND IMPERFECTIONS AND ALL ERRORS OF
DESCRIPTION.
25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE
NO RIGHT TO RETURN THE LOTS OR TO CLAIM
DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN
CONNECTION WITH THE LOTS.
26. Purchasers must satisfy themselves as to the quality
and condition of the Lots, including when making
purchases at a distance, whether by means of an
agent, or by telephone, internet of otherwise.
27. Illustrations and descriptions in catalogues or brochures
are for general identification only. Purchasers should
satisfy themselves prior to the auction as to the
condition of each Lot. Any statement by us and/or the
auctioneers as to the Lot is a statement of opinion only
and all person should rely on their own judgment as to
all matters affecting the Lot.
28. We are not responsible for any errors of description of
the Lot, or for the authenticity of any Lot, or for any
misstatement as to any matter affecting the Lot.
29. We have no authority to make or give, and do not
give, any representation or warranty in relation
to any Lot. All and any implied conditions and/or
warranties in respect of the Lots are hereby excluded
to the maximum extent permitted by law. This does
not affect your statutory rights as a consumer, nor
does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or
other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in
connection with the Conditions for:
• any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or
incurred by that party arising out of or in
connection with the provisions of any matter
under the Conditions.
Additional terms and conditions in relation to vehicles
30. Any reference to the age of a vehicle in the particulars
relating to it is intended to be a reference to the year
of first registration of the vehicle in the United Kingdom.
31. CVA do not guarantee that the odometer reading on
any vehicle sold through the auction is correct and
consequently will not be liable for any loss arising
should it transpire after purchase that such a reading
has been altered in any way.
32. The purchaser of any vehicle is responsible
for complying with all legal requirements as to
the construction and use of that vehicle and
for obtaining all certificates, permits and other
authorisations necessary before that vehicle can be
used on any public highway.
33. From the fall of the hammer or other sale of the Lot
howsoever arising, the purchaser shall be liable for
any road traffic offences, fines or other breach of any
legislation relating to use of the vehicle.
34. Every vehicle is sold in the auction subject to
agreement from the purchaser that the vehicle will
not be used on public highways within the United
Kingdom unless and until it has been put into such
condition that it may lawfully be so used. Where a
vehicle is purchased which does not comply with
the Road Traffic Acts and/or the Motor Vehicle
(Construction and Use) Regulations (as the same may
be updated or amended from time to time) and/
or any other legislation applicable to the upkeep,
maintenance and/or use of vehicles, the purchaser
shall not remove it from our premises under its own
power. Where a vehicle is purchased which does
not comply with the Health and Safety at Work etc.
Act 1974, and/or any other legislation in the UK,
purchasers are required to ensure that the use of any
such vehicle at a place of work within the UK does not
contravene such relevant Act or Regulations.
Safety
35. In operating the auction it is necessary for there
to be several moving vehicles at any one time. All
persons attending our premises (whether before,
during or after the auction) attend at their own
risk. All persons must take all necessary precautions
at all times to ensure their own safety whilst on our
premises.
36. Subject to paragraph 34 above, we shall not be liable
for any death or personal injury suffered on our
premises.
37. Persons under the age of 18 (“minors”) are allowed
on the auction premises only under the close
supervision at all times of an accompanying adult.
The adult must take responsible care of the minors
at all times to ensure their safety and shall ensure
that such minors only access the main Auction
Centre and under no circumstances access the
Vehicle Compound or come within close proximity of
moving vehicles.
General
38. We reserve the right to update these Purchaser
Terms at any time and will place notices on our
premises and website confirming any such update.
39. 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.
40. Nothing in these Purchaser Terms limits or excludes
liability for death or personal injury resulting from
negligence, or limits or excludes liability arising from
fraud or fraudulent misrepresentation.
41. These Purchaser Terms shall be governed by and
construed in accordance with English law and you
and we hereby submit to the exclusive jurisdiction of
the English courts.
42. The provisions of the Contracts (Rights of Third
Parties) Act do not apply to these Purchaser Terms
and so only you and we are entitled to enforce these
Purchaser Terms.
Severance
43. If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then
that provision shall be deemed to be severable from
the Conditions and shall not affect the validity and
enforceability of any of the remaining provisions of the
Conditions.
Waiver
44. No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
45. Each provision of the Conditions shall be construed
as separately applying and surviving even if for
any reason one or other of those provisions is
held to be inapplicable or unenforceable in any
circumstances.
Entire agreement
46. These Conditions govern our relationship with you. Any
changes to these Conditions must be in writing and
signed by both parties. By doing this we clarify each
other’s rights and obligations and should a dispute arise
we can revert to same to ascertain what each party is
expected to do. In agreeing to accept the Conditions,
you are also confirming that you have not relied
on any representation made to you unless same has
expressly been made a term of these Conditions and you
agree that you shall have no remedy in respect of any
representation.
CVA UNDERTAKINGS
46.1 CVA undertakes and represents that:-
46.1.1 each lot that appears for sale at
the auction has been provided to
and accepted by CVA into same
in good faith;
46.1.2 the seller has the absolute right
to sell the legal and beneficial
interest in the vehicle and that
same will be unencumbered;
46.1.3 the vehicle’s mileage indicated
by the odometer is accurate if
but only if and to the extent if
any that the auctioneer both
announces a vehicle’s mileage
and states that it is accurate.
Nothwithstanding the fact that
the auctioneer has made such
an announcement as to the accuracy
of the mileage indicated
on the odometer CVA gives
no undertaking and makes no
representation as to the vehicle’s
mileage and furthermore, the
vehicle is sold on the basis
that any indication of the
vehicle’s mileage given by the
vehicle’s odometer by anything
attached to the vehicle or by the
auctioneer has not been independently
verified and as such it
is or may be inaccurate;
46.1.4 unless the entry form discloses
that a vehicle is or has been
treated by an insurance company
as a total loss and the
auctioneer makes an announcement
to this effect, the vehicle
is not and has not been treated
as a total loss by an insurance
company;
46.1.5 unless the vehicle is sold and purchased
“as seen” the auctioneer
will announce details of any major
mechanical defect disclosed in
the entry form;
46.1.6 unless the vehicle is sold and
purchased “as seen” if any of
the following are disclosed on
the entry form: that a vehicle
has sustained serious accident
damage, has been owned and/
or used by the police or as a
licensed hackney carriage, has
been re-registered or imported
or is not in such a condition as
to be used lawfully upon the
road, then the auctioneer will
announce the matter or matters
disclosed.
46.2 In the event of any breach of the
above undertakings and representations
then CVA will be liable to the buyer
in damages however, CVA’s liability for
such breach of the above undertakings
and representations shall not exceed the
price paid for the vehicle by the buyer.
Should there be acclaim for mileage
same shall be subject to any such claim
being notified to CVA within 7 days of
the contract of sale. Notwithstanding
anything above CVA gives or makes
no undertaking, representation or warranty
with regard to any vehicle and
no such undertaking, representation
or warranty on the part of CVA, the
auctioneer or the branch manager is
given or made or is to be implied as to
the age, mileage, description, suitability,
fitness for purpose, satisfactory quality or
roadworthiness of any vehicle by virtue of
anything contained in these Conditions
or by reason of any one or more of
the following:
46.2.1 the fact that CVA has accepted
the vehicle into the auction;
46.2.2 the invitation by the auctioneer
for bids for the vehicle;
46.2.3 the publication by CVA of anything
which CVA is authorised
to publish by virtue of Condition
5 of the Vendor terms and
conditions;
46.2.4 the announcement by the
auctioneer during the auction,
whether before or after the invitation
to bid, of anything which
the auctioneer is authorised to
announce by virtue of Condition
5 of the Vendor terms and conditions;
46.2.5 the fact that an engineer’s report
or any other document has been
affixed to the vehicle or that any
particular statement has been
made in any such report or other
document;
46.2.6 the fact that pursuant to Condition
5 of vendors terms and
conditions CVA inserted in the
entry form particulars of the
mechanical condition of the
vehicle or that any particular
statement was inserted.
Your question has been sent to the auctioneer.
There was an error sending your enquiry, why not try again later
All items to be removed by Friday 11th December
Bidders are responsible for arranging removal of all goods,
Delivery services available, please contact office for a quote
Payments by bank transfer only
Viewing & collection by prior appointment only
£500 refundable deposit by bank transfer required by persons not known to the auctioneer
All purchases must be paid for within 5 working days & collected within 10.
COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS
Please read these purchaser terms and conditions (“Purchaser
Terms”) carefully as by attending and/or participating
in one of our auctions you automatically accept and
agree to these Purchaser Terms and that same are binding
upon you. If you do not agree to the Purchaser Terms please
do not attend or participate in any of our auctions. You are
strongly urged to read these conditions before selling your
vehicle.
Copies of these terms and conditions will be supplied on
request free of charge. Your attention is specifically drawn
to Condition 24. Buyers have certain rights which can be
exercised only within these time limits
References in these Purchaser Terms to (i) “person(s)”
means you and all other individuals, sole traders, companies
and other legal entities bidding for Lots via the auction,
(ii) “purchasers” means the persons who successfully bid
to purchase a Lot via the auction, (iii) to “we”, “us” and
“our” are references to Commercial Vehicle Auctions Limited
(CVA), and (iv) to “Lots” are to lots offered for sale in our
auctions.
Bidding for Lots
1. We reserve the right in our absolute discretion for our
auctioneers (i) to fix an advance or reserve price for
any Lot, (ii) to accept or refuse to accept a bid from
any person, and (iii) in the case of a dispute as to any
bid for a Lot, to determine the dispute (by declaring
which person is the accepted bidder or otherwise), or
put the Lot up again for auction at the last undisputed
bid, or withdraw the Lot from the auction.
2. In the event that the auctioneer exercises the
discretion to cancel the contract referred to at
Condition 9 herein neither the original buyer nor the
seller shall be entitled to rely on the original contract
of sale for any purpose whatsoever save that the
buyer shall be entitled to the return of any deposit or
other money which he may have paid thereunder.
3. No person may advance less as a bid than a sum
to be named from time to time by the auctioneers.
4. The vendor of a Lot may in its absolute discretion
(i) bid for any Lot either personally, or by instructing
us (or any other person) to do so, as many times as
they may think fit, and (ii) withdraw any Lot.
5. Subject to paragraph 1 above, the highest bidder for
each Lot shall be the purchaser of that Lot. No person
can retract a bid once made.
Sale of Lots
6. On the sale of a Lot, a contract is entered into
between the vendor and the purchaser of the Lot. We
only act as agent in respect of the sale process and
neither the vendor nor the purchaser of the Lot has any
legal right of action against us in respect of any cause
or matter arising out of the sale of the Lot and/or its
contract for sale.
7. Purchasers are not entitled to transfer ownership of Lots
to a sub-purchaser.
8. A contract of sale shall be made and a vehicle shall
be sold when and only when the hammer falls. The
purchaser shall be the maker of the highest bid accepted
by the auctioneer. The price shall be the amount of the
highest bid accepted by the auctioneer.
9. The purchaser of a Lot must give their name,
address and proof of identity (or other information
which may be required for the purposes of the Money
Laundering Regulations 2007) to us and the auctioneers
immediately upon the sale of the Lot. In the event
of any dispute we may be required to disclose this
information by law. If he fails to do so (whether or
not he tenders the price) the auctioneer shall have the
absolute discretion to cancel the contract of sale.
10. Each Lot shall become the purchaser’s risk and liability
from the fall of the hammer or other sale of the Lot
howsoever arising.
11. The ownership of a Lot shall only transfer to the
purchaser on the purchaser’s payment in full of cleared
funds for the full purchase price for the Lot plus our
applicable service charge.
12. From fall of the hammer, the Lots shall be stored
on our premises at all times at the purchaser’s own
risk and we shall not be responsible for any loss of or
damage to any Lots howsoever caused.
13. Bid and commissions given by telephone or online are
accepted at your risk and must be confirmed in writing
before the date of sale and the cheque must be
cleared in advance of bidding taking place.
14. We sell as agents for vendors (except where we are
stated wholly or partly to own any Lot as principal)
and as such are not responsible for any default by the
vendor.
15. Vehicles are sold with the benefit of any unexpired
vehicle excise licences attached thereto and current
MOT certificates relating thereto.
Private Treaty Sales
16. If a vehicle fails to reach its reserve price CVA shall
be entitled but not obliged to inform the seller of the
highest bid. If required CVA will provide facilities and
services which may be utilised by the seller to make
a contract for the sale of the vehicle to the highest
bidder or to any other person interested in the vehicle.
16.1 A private treaty sale shall mean:
16.1.1 any sale that arises from the provision
of the aforesaid information, facilities or
services;
16.1.2 any other sale of the vehicle which is
agreed at the auction premises but is
not a sale that is concluded by the fall
of the hammer in the auction hall.
16.2 When a private treaty sale occurs CVA shall be
entitled to commission and the buyer’s fee.
16.3 Whether or not the vehicle was put up for auction
“as seen” Condition 25 shall not apply to a
private treaty sale. The terms of a private treaty
sale shall not and shall not suggest to exclude
any statutory rights which the buyer may have
but save as aforesaid shall be on such terms as
are expressly or by implication agreed by or on
behalf of the parties to the private treaty sale.
16.4 CVA is not and shall not be deemed to be a
party to or liable upon a private treaty sale and
shall not incur any liability to any party thereto
by reason only of the fact that CVA has facilitated
and/or negotiated said sale and thereafter
released the vehicle to the purchaser.
16.5 In the event of a dispute between the parties to
a private treaty sale CVA shall be obliged to do
no more than provide each party with the name
and address of the other.
Payments
17. All purchasers are liable to pay a Buyer’s premium to us
in respect of their purchase of a Lot. The Buyer’s
premium shall be for the amount published on the day of
the auction and shall be payable by the purchaser before
the Lot is removed from our premises.
18. Upon the hammer falling on a sale (or the sale of
the Lot howsoever arising), the purchaser must
immediately pay to us as agent for the vendor, the full
purchase price of the Lot, or a deposit of the higher of
10% of the hammer value of the Lot and £2000. Deposits
are to be paid in cash, by bank transfer, or by chip and
pin and are not to be paid over the telephone.
19. Unless otherwise specified, all purchases are subject
to VAT which shall be payable at the prevailing rate
in addition to the value of the purchase. Lots
purchased for export shall also be charged VAT which
shall be repayable on production of unequivocal written
evidence that the Lot has been exported in accordance
with HMRC regulations. We reserve the right to
determine what constitutes the correct proof of export a
lot. This evidence must be received by us within 3
months from the date of the sale (or 13 weeks from date
of sale) and even if evidence is produced after the time
period it will be too late to claim the VAT as it will have
been paid back to the vendor.
20. The purchaser must pay the full purchase price plus VAT
(less any deposit) and our service charge to the
auctioneers’ cashier before ownership of the Lot passes
to the purchaser and before the Lot can be removed
from our premises by the purchaser. If the purchasers
purchases more than one Lot, it must pay in cleared
funds for all Lots purchased before any of them may be
removed from our premises.
21. Full payment must be made and the Lots removed from
our premises within 5 days of the auction date. All
payments by cheque must clear within these 5 days. A
purchaser paying by cheque is only entitled to take
possession of the Lots once the cheque payment has
cleared and ownership has transferred.
22. No purchase may be removed during the sale or until
such time as all other money due from the purchaser
shall have been paid. If the Lot is not removed within
5 days of the auction, we are entitled to charge a
storage fee of £25 plus VAT per day commencing on the
day after the auction date until the date the Lot is
removed from our premises. CVA reserve the right to
move any Lot not removed withing 5 working days to a
different premises at the purchasers cost.
Consequences of non-payment
23. If any Lot is not paid for in full and cleared funds and
removed by the purchaser from our premises within
5 days of the auction, or if the purchaser is otherwise
in breach of these Purchaser Terms, we (as agents
of the vendor) in our absolute discretion and without
prejudice to any other rights that we and/or our
vendors may have, shall be entitled to exercise one or
more of the following rights or remedies:-
(a) retain the deposit and deem it forfeited by the
defaulting purchaser;
(b) proceed against the defaulting purchaser for damages
for breach of contract;
(c) rescind the sale of the Lot;
(d) rescind the sale of any other Lot sold to the
defaulting purchaser at the same or any other
auction and which has also not been paid for in full
in cleared funds;
(e) close the defaulting purchaser’s account with us
and ban the defaulting purchaser from attending
any further auctions run by us or on our behalf;
(f) resell the Lot, or cause it to be resold, by public
auction or private sale. The defaulting purchaser
shall then be liable pay to us the costs incurred in
connection with the resale plus the value of any
shortfall between the amount of the purchase price
agreed by the defaulting purchaser for purchase
of the Lot and the price paid upon actual sale of
the Lot to a third party, to the extent that any
deposit paid by the purchaser is less than the
shortfall;
(g) remove, store (either at our premises or elsewhere)
and insure the Lot at the expense of the defaulting
purchaser;
(h) charge interest at the rate of 2% above the base
rate of HSBC plc on all sums due, such interest
shall accrue on a daily basis and be compounded
quarterly from the expiry of 5 days after the date
of the auction to the date of payment in full for the
Lot;
(i) retain possession of the Lot and all other Lots
from time to time sold to the purchaser pending
payment in full of the Lot;
(j) apply any proceeds of sale then due or at any
time afterwards becoming due to the defaulting
purchaser on its own sale of goods at our auctions
towards settlement of the purchase price of
the Lot and exercise a lien on any property of the
defaulting purchaser which is in our possession for
any purpose.
State and condition of Lots
24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS
OR IMPLIED WARRANTIES, AND SUBJECT TO ALL
FAULTS AND IMPERFECTIONS AND ALL ERRORS OF
DESCRIPTION.
25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE
NO RIGHT TO RETURN THE LOTS OR TO CLAIM
DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN
CONNECTION WITH THE LOTS.
26. Purchasers must satisfy themselves as to the quality
and condition of the Lots, including when making
purchases at a distance, whether by means of an
agent, or by telephone, internet of otherwise.
27. Illustrations and descriptions in catalogues or brochures
are for general identification only. Purchasers should
satisfy themselves prior to the auction as to the
condition of each Lot. Any statement by us and/or the
auctioneers as to the Lot is a statement of opinion only
and all person should rely on their own judgment as to
all matters affecting the Lot.
28. We are not responsible for any errors of description of
the Lot, or for the authenticity of any Lot, or for any
misstatement as to any matter affecting the Lot.
29. We have no authority to make or give, and do not
give, any representation or warranty in relation
to any Lot. All and any implied conditions and/or
warranties in respect of the Lots are hereby excluded
to the maximum extent permitted by law. This does
not affect your statutory rights as a consumer, nor
does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or
other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in
connection with the Conditions for:
• any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or
incurred by that party arising out of or in
connection with the provisions of any matter
under the Conditions.
Additional terms and conditions in relation to vehicles
30. Any reference to the age of a vehicle in the particulars
relating to it is intended to be a reference to the year
of first registration of the vehicle in the United Kingdom.
31. CVA do not guarantee that the odometer reading on
any vehicle sold through the auction is correct and
consequently will not be liable for any loss arising
should it transpire after purchase that such a reading
has been altered in any way.
32. The purchaser of any vehicle is responsible
for complying with all legal requirements as to
the construction and use of that vehicle and
for obtaining all certificates, permits and other
authorisations necessary before that vehicle can be
used on any public highway.
33. From the fall of the hammer or other sale of the Lot
howsoever arising, the purchaser shall be liable for
any road traffic offences, fines or other breach of any
legislation relating to use of the vehicle.
34. Every vehicle is sold in the auction subject to
agreement from the purchaser that the vehicle will
not be used on public highways within the United
Kingdom unless and until it has been put into such
condition that it may lawfully be so used. Where a
vehicle is purchased which does not comply with
the Road Traffic Acts and/or the Motor Vehicle
(Construction and Use) Regulations (as the same may
be updated or amended from time to time) and/
or any other legislation applicable to the upkeep,
maintenance and/or use of vehicles, the purchaser
shall not remove it from our premises under its own
power. Where a vehicle is purchased which does
not comply with the Health and Safety at Work etc.
Act 1974, and/or any other legislation in the UK,
purchasers are required to ensure that the use of any
such vehicle at a place of work within the UK does not
contravene such relevant Act or Regulations.
Safety
35. In operating the auction it is necessary for there
to be several moving vehicles at any one time. All
persons attending our premises (whether before,
during or after the auction) attend at their own
risk. All persons must take all necessary precautions
at all times to ensure their own safety whilst on our
premises.
36. Subject to paragraph 34 above, we shall not be liable
for any death or personal injury suffered on our
premises.
37. Persons under the age of 18 (“minors”) are allowed
on the auction premises only under the close
supervision at all times of an accompanying adult.
The adult must take responsible care of the minors
at all times to ensure their safety and shall ensure
that such minors only access the main Auction
Centre and under no circumstances access the
Vehicle Compound or come within close proximity of
moving vehicles.
General
38. We reserve the right to update these Purchaser
Terms at any time and will place notices on our
premises and website confirming any such update.
39. 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.
40. Nothing in these Purchaser Terms limits or excludes
liability for death or personal injury resulting from
negligence, or limits or excludes liability arising from
fraud or fraudulent misrepresentation.
41. These Purchaser Terms shall be governed by and
construed in accordance with English law and you
and we hereby submit to the exclusive jurisdiction of
the English courts.
42. The provisions of the Contracts (Rights of Third
Parties) Act do not apply to these Purchaser Terms
and so only you and we are entitled to enforce these
Purchaser Terms.
Severance
43. If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then
that provision shall be deemed to be severable from
the Conditions and shall not affect the validity and
enforceability of any of the remaining provisions of the
Conditions.
Waiver
44. No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
45. Each provision of the Conditions shall be construed
as separately applying and surviving even if for
any reason one or other of those provisions is
held to be inapplicable or unenforceable in any
circumstances.
Entire agreement
46. These Conditions govern our relationship with you. Any
changes to these Conditions must be in writing and
signed by both parties. By doing this we clarify each
other’s rights and obligations and should a dispute arise
we can revert to same to ascertain what each party is
expected to do. In agreeing to accept the Conditions,
you are also confirming that you have not relied
on any representation made to you unless same has
expressly been made a term of these Conditions and you
agree that you shall have no remedy in respect of any
representation.
CVA UNDERTAKINGS
46.1 CVA undertakes and represents that:-
46.1.1 each lot that appears for sale at
the auction has been provided to
and accepted by CVA into same
in good faith;
46.1.2 the seller has the absolute right
to sell the legal and beneficial
interest in the vehicle and that
same will be unencumbered;
46.1.3 the vehicle’s mileage indicated
by the odometer is accurate if
but only if and to the extent if
any that the auctioneer both
announces a vehicle’s mileage
and states that it is accurate.
Nothwithstanding the fact that
the auctioneer has made such
an announcement as to the accuracy
of the mileage indicated
on the odometer CVA gives
no undertaking and makes no
representation as to the vehicle’s
mileage and furthermore, the
vehicle is sold on the basis
that any indication of the
vehicle’s mileage given by the
vehicle’s odometer by anything
attached to the vehicle or by the
auctioneer has not been independently
verified and as such it
is or may be inaccurate;
46.1.4 unless the entry form discloses
that a vehicle is or has been
treated by an insurance company
as a total loss and the
auctioneer makes an announcement
to this effect, the vehicle
is not and has not been treated
as a total loss by an insurance
company;
46.1.5 unless the vehicle is sold and purchased
“as seen” the auctioneer
will announce details of any major
mechanical defect disclosed in
the entry form;
46.1.6 unless the vehicle is sold and
purchased “as seen” if any of
the following are disclosed on
the entry form: that a vehicle
has sustained serious accident
damage, has been owned and/
or used by the police or as a
licensed hackney carriage, has
been re-registered or imported
or is not in such a condition as
to be used lawfully upon the
road, then the auctioneer will
announce the matter or matters
disclosed.
46.2 In the event of any breach of the
above undertakings and representations
then CVA will be liable to the buyer
in damages however, CVA’s liability for
such breach of the above undertakings
and representations shall not exceed the
price paid for the vehicle by the buyer.
Should there be acclaim for mileage
same shall be subject to any such claim
being notified to CVA within 7 days of
the contract of sale. Notwithstanding
anything above CVA gives or makes
no undertaking, representation or warranty
with regard to any vehicle and
no such undertaking, representation
or warranty on the part of CVA, the
auctioneer or the branch manager is
given or made or is to be implied as to
the age, mileage, description, suitability,
fitness for purpose, satisfactory quality or
roadworthiness of any vehicle by virtue of
anything contained in these Conditions
or by reason of any one or more of
the following:
46.2.1 the fact that CVA has accepted
the vehicle into the auction;
46.2.2 the invitation by the auctioneer
for bids for the vehicle;
46.2.3 the publication by CVA of anything
which CVA is authorised
to publish by virtue of Condition
5 of the Vendor terms and
conditions;
46.2.4 the announcement by the
auctioneer during the auction,
whether before or after the invitation
to bid, of anything which
the auctioneer is authorised to
announce by virtue of Condition
5 of the Vendor terms and conditions;
46.2.5 the fact that an engineer’s report
or any other document has been
affixed to the vehicle or that any
particular statement has been
made in any such report or other
document;
46.2.6 the fact that pursuant to Condition
5 of vendors terms and
conditions CVA inserted in the
entry form particulars of the
mechanical condition of the
vehicle or that any particular
statement was inserted.
COMMERCIAL VEHICLE AUCTIONS LIMITED - PURCHASER TERMS & CONDITIONS
Please read these purchaser terms and conditions (“Purchaser
Terms”) carefully as by attending and/or participating
in one of our auctions you automatically accept and
agree to these Purchaser Terms and that same are binding
upon you. If you do not agree to the Purchaser Terms please
do not attend or participate in any of our auctions. You are
strongly urged to read these conditions before selling your
vehicle.
Copies of these terms and conditions will be supplied on
request free of charge. Your attention is specifically drawn
to Condition 24. Buyers have certain rights which can be
exercised only within these time limits
References in these Purchaser Terms to (i) “person(s)”
means you and all other individuals, sole traders, companies
and other legal entities bidding for Lots via the auction,
(ii) “purchasers” means the persons who successfully bid
to purchase a Lot via the auction, (iii) to “we”, “us” and
“our” are references to Commercial Vehicle Auctions Limited
(CVA), and (iv) to “Lots” are to lots offered for sale in our
auctions.
Bidding for Lots
1. We reserve the right in our absolute discretion for our
auctioneers (i) to fix an advance or reserve price for
any Lot, (ii) to accept or refuse to accept a bid from
any person, and (iii) in the case of a dispute as to any
bid for a Lot, to determine the dispute (by declaring
which person is the accepted bidder or otherwise), or
put the Lot up again for auction at the last undisputed
bid, or withdraw the Lot from the auction.
2. In the event that the auctioneer exercises the
discretion to cancel the contract referred to at
Condition 9 herein neither the original buyer nor the
seller shall be entitled to rely on the original contract
of sale for any purpose whatsoever save that the
buyer shall be entitled to the return of any deposit or
other money which he may have paid thereunder.
3. No person may advance less as a bid than a sum
to be named from time to time by the auctioneers.
4. The vendor of a Lot may in its absolute discretion
(i) bid for any Lot either personally, or by instructing
us (or any other person) to do so, as many times as
they may think fit, and (ii) withdraw any Lot.
5. Subject to paragraph 1 above, the highest bidder for
each Lot shall be the purchaser of that Lot. No person
can retract a bid once made.
Sale of Lots
6. On the sale of a Lot, a contract is entered into
between the vendor and the purchaser of the Lot. We
only act as agent in respect of the sale process and
neither the vendor nor the purchaser of the Lot has any
legal right of action against us in respect of any cause
or matter arising out of the sale of the Lot and/or its
contract for sale.
7. Purchasers are not entitled to transfer ownership of Lots
to a sub-purchaser.
8. A contract of sale shall be made and a vehicle shall
be sold when and only when the hammer falls. The
purchaser shall be the maker of the highest bid accepted
by the auctioneer. The price shall be the amount of the
highest bid accepted by the auctioneer.
9. The purchaser of a Lot must give their name,
address and proof of identity (or other information
which may be required for the purposes of the Money
Laundering Regulations 2007) to us and the auctioneers
immediately upon the sale of the Lot. In the event
of any dispute we may be required to disclose this
information by law. If he fails to do so (whether or
not he tenders the price) the auctioneer shall have the
absolute discretion to cancel the contract of sale.
10. Each Lot shall become the purchaser’s risk and liability
from the fall of the hammer or other sale of the Lot
howsoever arising.
11. The ownership of a Lot shall only transfer to the
purchaser on the purchaser’s payment in full of cleared
funds for the full purchase price for the Lot plus our
applicable service charge.
12. From fall of the hammer, the Lots shall be stored
on our premises at all times at the purchaser’s own
risk and we shall not be responsible for any loss of or
damage to any Lots howsoever caused.
13. Bid and commissions given by telephone or online are
accepted at your risk and must be confirmed in writing
before the date of sale and the cheque must be
cleared in advance of bidding taking place.
14. We sell as agents for vendors (except where we are
stated wholly or partly to own any Lot as principal)
and as such are not responsible for any default by the
vendor.
15. Vehicles are sold with the benefit of any unexpired
vehicle excise licences attached thereto and current
MOT certificates relating thereto.
Private Treaty Sales
16. If a vehicle fails to reach its reserve price CVA shall
be entitled but not obliged to inform the seller of the
highest bid. If required CVA will provide facilities and
services which may be utilised by the seller to make
a contract for the sale of the vehicle to the highest
bidder or to any other person interested in the vehicle.
16.1 A private treaty sale shall mean:
16.1.1 any sale that arises from the provision
of the aforesaid information, facilities or
services;
16.1.2 any other sale of the vehicle which is
agreed at the auction premises but is
not a sale that is concluded by the fall
of the hammer in the auction hall.
16.2 When a private treaty sale occurs CVA shall be
entitled to commission and the buyer’s fee.
16.3 Whether or not the vehicle was put up for auction
“as seen” Condition 25 shall not apply to a
private treaty sale. The terms of a private treaty
sale shall not and shall not suggest to exclude
any statutory rights which the buyer may have
but save as aforesaid shall be on such terms as
are expressly or by implication agreed by or on
behalf of the parties to the private treaty sale.
16.4 CVA is not and shall not be deemed to be a
party to or liable upon a private treaty sale and
shall not incur any liability to any party thereto
by reason only of the fact that CVA has facilitated
and/or negotiated said sale and thereafter
released the vehicle to the purchaser.
16.5 In the event of a dispute between the parties to
a private treaty sale CVA shall be obliged to do
no more than provide each party with the name
and address of the other.
Payments
17. All purchasers are liable to pay a Buyer’s premium to us
in respect of their purchase of a Lot. The Buyer’s
premium shall be for the amount published on the day of
the auction and shall be payable by the purchaser before
the Lot is removed from our premises.
18. Upon the hammer falling on a sale (or the sale of
the Lot howsoever arising), the purchaser must
immediately pay to us as agent for the vendor, the full
purchase price of the Lot, or a deposit of the higher of
10% of the hammer value of the Lot and £2000. Deposits
are to be paid in cash, by bank transfer, or by chip and
pin and are not to be paid over the telephone.
19. Unless otherwise specified, all purchases are subject
to VAT which shall be payable at the prevailing rate
in addition to the value of the purchase. Lots
purchased for export shall also be charged VAT which
shall be repayable on production of unequivocal written
evidence that the Lot has been exported in accordance
with HMRC regulations. We reserve the right to
determine what constitutes the correct proof of export a
lot. This evidence must be received by us within 3
months from the date of the sale (or 13 weeks from date
of sale) and even if evidence is produced after the time
period it will be too late to claim the VAT as it will have
been paid back to the vendor.
20. The purchaser must pay the full purchase price plus VAT
(less any deposit) and our service charge to the
auctioneers’ cashier before ownership of the Lot passes
to the purchaser and before the Lot can be removed
from our premises by the purchaser. If the purchasers
purchases more than one Lot, it must pay in cleared
funds for all Lots purchased before any of them may be
removed from our premises.
21. Full payment must be made and the Lots removed from
our premises within 5 days of the auction date. All
payments by cheque must clear within these 5 days. A
purchaser paying by cheque is only entitled to take
possession of the Lots once the cheque payment has
cleared and ownership has transferred.
22. No purchase may be removed during the sale or until
such time as all other money due from the purchaser
shall have been paid. If the Lot is not removed within
5 days of the auction, we are entitled to charge a
storage fee of £25 plus VAT per day commencing on the
day after the auction date until the date the Lot is
removed from our premises. CVA reserve the right to
move any Lot not removed withing 5 working days to a
different premises at the purchasers cost.
Consequences of non-payment
23. If any Lot is not paid for in full and cleared funds and
removed by the purchaser from our premises within
5 days of the auction, or if the purchaser is otherwise
in breach of these Purchaser Terms, we (as agents
of the vendor) in our absolute discretion and without
prejudice to any other rights that we and/or our
vendors may have, shall be entitled to exercise one or
more of the following rights or remedies:-
(a) retain the deposit and deem it forfeited by the
defaulting purchaser;
(b) proceed against the defaulting purchaser for damages
for breach of contract;
(c) rescind the sale of the Lot;
(d) rescind the sale of any other Lot sold to the
defaulting purchaser at the same or any other
auction and which has also not been paid for in full
in cleared funds;
(e) close the defaulting purchaser’s account with us
and ban the defaulting purchaser from attending
any further auctions run by us or on our behalf;
(f) resell the Lot, or cause it to be resold, by public
auction or private sale. The defaulting purchaser
shall then be liable pay to us the costs incurred in
connection with the resale plus the value of any
shortfall between the amount of the purchase price
agreed by the defaulting purchaser for purchase
of the Lot and the price paid upon actual sale of
the Lot to a third party, to the extent that any
deposit paid by the purchaser is less than the
shortfall;
(g) remove, store (either at our premises or elsewhere)
and insure the Lot at the expense of the defaulting
purchaser;
(h) charge interest at the rate of 2% above the base
rate of HSBC plc on all sums due, such interest
shall accrue on a daily basis and be compounded
quarterly from the expiry of 5 days after the date
of the auction to the date of payment in full for the
Lot;
(i) retain possession of the Lot and all other Lots
from time to time sold to the purchaser pending
payment in full of the Lot;
(j) apply any proceeds of sale then due or at any
time afterwards becoming due to the defaulting
purchaser on its own sale of goods at our auctions
towards settlement of the purchase price of
the Lot and exercise a lien on any property of the
defaulting purchaser which is in our possession for
any purpose.
State and condition of Lots
24. ALL LOTS ARE SOLD “AS IS”, WITHOUT EXPRESS
OR IMPLIED WARRANTIES, AND SUBJECT TO ALL
FAULTS AND IMPERFECTIONS AND ALL ERRORS OF
DESCRIPTION.
25. PURCHASERS BUY LOTS AT THEIR OWN RISK HAVE
NO RIGHT TO RETURN THE LOTS OR TO CLAIM
DAMAGES OR ANY OTHER REMEDY WHATSOEVER IN
CONNECTION WITH THE LOTS.
26. Purchasers must satisfy themselves as to the quality
and condition of the Lots, including when making
purchases at a distance, whether by means of an
agent, or by telephone, internet of otherwise.
27. Illustrations and descriptions in catalogues or brochures
are for general identification only. Purchasers should
satisfy themselves prior to the auction as to the
condition of each Lot. Any statement by us and/or the
auctioneers as to the Lot is a statement of opinion only
and all person should rely on their own judgment as to
all matters affecting the Lot.
28. We are not responsible for any errors of description of
the Lot, or for the authenticity of any Lot, or for any
misstatement as to any matter affecting the Lot.
29. We have no authority to make or give, and do not
give, any representation or warranty in relation
to any Lot. All and any implied conditions and/or
warranties in respect of the Lots are hereby excluded
to the maximum extent permitted by law. This does
not affect your statutory rights as a consumer, nor
does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or
other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in
connection with the Conditions for:
• any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or
incurred by that party arising out of or in
connection with the provisions of any matter
under the Conditions.
Additional terms and conditions in relation to vehicles
30. Any reference to the age of a vehicle in the particulars
relating to it is intended to be a reference to the year
of first registration of the vehicle in the United Kingdom.
31. CVA do not guarantee that the odometer reading on
any vehicle sold through the auction is correct and
consequently will not be liable for any loss arising
should it transpire after purchase that such a reading
has been altered in any way.
32. The purchaser of any vehicle is responsible
for complying with all legal requirements as to
the construction and use of that vehicle and
for obtaining all certificates, permits and other
authorisations necessary before that vehicle can be
used on any public highway.
33. From the fall of the hammer or other sale of the Lot
howsoever arising, the purchaser shall be liable for
any road traffic offences, fines or other breach of any
legislation relating to use of the vehicle.
34. Every vehicle is sold in the auction subject to
agreement from the purchaser that the vehicle will
not be used on public highways within the United
Kingdom unless and until it has been put into such
condition that it may lawfully be so used. Where a
vehicle is purchased which does not comply with
the Road Traffic Acts and/or the Motor Vehicle
(Construction and Use) Regulations (as the same may
be updated or amended from time to time) and/
or any other legislation applicable to the upkeep,
maintenance and/or use of vehicles, the purchaser
shall not remove it from our premises under its own
power. Where a vehicle is purchased which does
not comply with the Health and Safety at Work etc.
Act 1974, and/or any other legislation in the UK,
purchasers are required to ensure that the use of any
such vehicle at a place of work within the UK does not
contravene such relevant Act or Regulations.
Safety
35. In operating the auction it is necessary for there
to be several moving vehicles at any one time. All
persons attending our premises (whether before,
during or after the auction) attend at their own
risk. All persons must take all necessary precautions
at all times to ensure their own safety whilst on our
premises.
36. Subject to paragraph 34 above, we shall not be liable
for any death or personal injury suffered on our
premises.
37. Persons under the age of 18 (“minors”) are allowed
on the auction premises only under the close
supervision at all times of an accompanying adult.
The adult must take responsible care of the minors
at all times to ensure their safety and shall ensure
that such minors only access the main Auction
Centre and under no circumstances access the
Vehicle Compound or come within close proximity of
moving vehicles.
General
38. We reserve the right to update these Purchaser
Terms at any time and will place notices on our
premises and website confirming any such update.
39. 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.
40. Nothing in these Purchaser Terms limits or excludes
liability for death or personal injury resulting from
negligence, or limits or excludes liability arising from
fraud or fraudulent misrepresentation.
41. These Purchaser Terms shall be governed by and
construed in accordance with English law and you
and we hereby submit to the exclusive jurisdiction of
the English courts.
42. The provisions of the Contracts (Rights of Third
Parties) Act do not apply to these Purchaser Terms
and so only you and we are entitled to enforce these
Purchaser Terms.
Severance
43. If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then
that provision shall be deemed to be severable from
the Conditions and shall not affect the validity and
enforceability of any of the remaining provisions of the
Conditions.
Waiver
44. No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
Survival
45. Each provision of the Conditions shall be construed
as separately applying and surviving even if for
any reason one or other of those provisions is
held to be inapplicable or unenforceable in any
circumstances.
Entire agreement
46. These Conditions govern our relationship with you. Any
changes to these Conditions must be in writing and
signed by both parties. By doing this we clarify each
other’s rights and obligations and should a dispute arise
we can revert to same to ascertain what each party is
expected to do. In agreeing to accept the Conditions,
you are also confirming that you have not relied
on any representation made to you unless same has
expressly been made a term of these Conditions and you
agree that you shall have no remedy in respect of any
representation.
CVA UNDERTAKINGS
46.1 CVA undertakes and represents that:-
46.1.1 each lot that appears for sale at
the auction has been provided to
and accepted by CVA into same
in good faith;
46.1.2 the seller has the absolute right
to sell the legal and beneficial
interest in the vehicle and that
same will be unencumbered;
46.1.3 the vehicle’s mileage indicated
by the odometer is accurate if
but only if and to the extent if
any that the auctioneer both
announces a vehicle’s mileage
and states that it is accurate.
Nothwithstanding the fact that
the auctioneer has made such
an announcement as to the accuracy
of the mileage indicated
on the odometer CVA gives
no undertaking and makes no
representation as to the vehicle’s
mileage and furthermore, the
vehicle is sold on the basis
that any indication of the
vehicle’s mileage given by the
vehicle’s odometer by anything
attached to the vehicle or by the
auctioneer has not been independently
verified and as such it
is or may be inaccurate;
46.1.4 unless the entry form discloses
that a vehicle is or has been
treated by an insurance company
as a total loss and the
auctioneer makes an announcement
to this effect, the vehicle
is not and has not been treated
as a total loss by an insurance
company;
46.1.5 unless the vehicle is sold and purchased
“as seen” the auctioneer
will announce details of any major
mechanical defect disclosed in
the entry form;
46.1.6 unless the vehicle is sold and
purchased “as seen” if any of
the following are disclosed on
the entry form: that a vehicle
has sustained serious accident
damage, has been owned and/
or used by the police or as a
licensed hackney carriage, has
been re-registered or imported
or is not in such a condition as
to be used lawfully upon the
road, then the auctioneer will
announce the matter or matters
disclosed.
46.2 In the event of any breach of the
above undertakings and representations
then CVA will be liable to the buyer
in damages however, CVA’s liability for
such breach of the above undertakings
and representations shall not exceed the
price paid for the vehicle by the buyer.
Should there be acclaim for mileage
same shall be subject to any such claim
being notified to CVA within 7 days of
the contract of sale. Notwithstanding
anything above CVA gives or makes
no undertaking, representation or warranty
with regard to any vehicle and
no such undertaking, representation
or warranty on the part of CVA, the
auctioneer or the branch manager is
given or made or is to be implied as to
the age, mileage, description, suitability,
fitness for purpose, satisfactory quality or
roadworthiness of any vehicle by virtue of
anything contained in these Conditions
or by reason of any one or more of
the following:
46.2.1 the fact that CVA has accepted
the vehicle into the auction;
46.2.2 the invitation by the auctioneer
for bids for the vehicle;
46.2.3 the publication by CVA of anything
which CVA is authorised
to publish by virtue of Condition
5 of the Vendor terms and
conditions;
46.2.4 the announcement by the
auctioneer during the auction,
whether before or after the invitation
to bid, of anything which
the auctioneer is authorised to
announce by virtue of Condition
5 of the Vendor terms and conditions;
46.2.5 the fact that an engineer’s report
or any other document has been
affixed to the vehicle or that any
particular statement has been
made in any such report or other
document;
46.2.6 the fact that pursuant to Condition
5 of vendors terms and
conditions CVA inserted in the
entry form particulars of the
mechanical condition of the
vehicle or that any particular
statement was inserted.