We apologise but SIA Group do not offer or arrange shipping.

 

Successful buyers are welcome to organise their own couriers. If you choose to use this option then we ask that all courier information will need to be supplied by email and couriers must pack the item unless alternative arrangements have been made with the auctioneer.

TERMS & CONDITIONS OF SALE

 

GENERAL

 

1.Persons attend Auctions at their own risk and neither the Vendor nor the Auctioneers will be individually or collectively responsible for any loss or damage whatsoever occasioned to any person or property which may be present on the auction site or Premises for any purpose whatsoever.

 

2.The following conditions of sale together with any specific conditions of sale or Important Notes on display at the auction site shall govern the sale of each lot and any person making a bid which is accepted by the Auctioneers shall be in consideration of such acceptance to be bound thereby:-

 

3.Buyers must register their name and address, and on request provide identification in support of the information given. Buyers will then be given a number card which must be shown every time they make a successful bid. Upon failure to do so the Auctioneers may re-offer the lot at their sole discretion.

 

4.The Auctioneers are not bound to accept any offer / bid.

 

5.All lots must be paid for on the day of sale or by 16:00 on the next working day after the sale.

 

6.No lots will be released until payment is made in full.

 

7.Payment may be made by bank transfer, account details will be provided upon request, in cash at our offices at Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE or via debit or credit card in person at Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE. SIA Group (UK) Ltd or SIA Group (UK) London Ltd do not accept payments by either credit or debit card over the telephone, however at SIA Group (UK) Ltd or SIA Group (UK) London Ltd’ discretion we may accept deposit payments in this manner.

 

8.All lots must be collected by 16:00 on the next working day after the sale unless otherwise agreed in advance or in accordance with the Important Notes.

 

9.In the event of any lots not being paid for within the period allowed, the Auctioneers shall immediately thereafter be at liberty to rescind the contract and without notice to the Buyer to resell such lot or lots by public or private sale. In the event of any such resale, any loss or damage (including storage charges) suffered by the Vendor shall be forthwith recoverable from the Buyer by the Vendor.

 

10.Any lots that have been paid for but not removed within the period allowed shall be subject to the following storage fees, applicable for each day or part day after 16:00 on the next working day after the sale:

 

(a) £10:00 plus VAT for general auction items

(b) £15:00 plus VAT per vehicle

 

11.Any lots paid for but not removed within the period allowed may also incur supervisor fees in the event that staff are unavailable to supervise clearing and an agent is employed to assist with this. These charges will be levied at £15:00 per hour or part hour thereof until the items are removed from the premises.

 

12.In the event of non collection within five working days, the Auctioneers shall immediately thereafter be at liberty to rescind the contract and without notice to the Buyer to resell such lot or lots by public or private sale. In the event of any such resale, any loss or damage (including storage charges) suffered by the Vendor shall be forthwith recoverable from the Buyer by the Vendor. The Auctioneers shall also be at liberty to deduct storage charges as detailed in clause 9 above from any payment made by the Buyer.

 

13.The risk in each lot shall pass to the Buyer following notification of his successful bid but the ownership of each lot shall remain vested in the Vendor and the Buyer shall not be entitled to remove any lot until payment in full has been made for each and every lot purchased by him at the sale.

 

14.The Buyer shall be responsible for any damage occasioned to any adjoining or other lots or to the premises by the removal of their lots and shall repair the same either before removal of the lots from the site or after such removal as the Vendor may desire or shall pay the estimated cost of doing so to be fixed by the Vendor or the Auctioneer on his behalf, whose decision shall be binding on the purchaser.

 

15.The Buyer shall forthwith be responsible for any loss or damage to any person resulting from the removal of his lot or lots and shall indemnify the Vendor and the Auctioneers against any liability therefore whether or not such damage was caused by the negligence of the Buyer, his employees or agents.

 

16.The Vendor reserves the right to offer any lot for sale subject to a reserve price. The Vendor or Auctioneers on his behalf may, without disclosing any reserve price, withdraw from sale any lot before it has been sold. Should the Auctioneers in any circumstances sell any lot under a reserve price they shall be at liberty to cancel the sale even if the lot has been paid for and release has been given and upon refund of the purchase price (if paid) neither the Vendor not the Auctioneer shall be under any further liability whatsoever to the Buyer.

 

17.Neither the Vendor not the Auctioneers shall be under any liability pursuant to Section 6 of the Health and Safety Act 1974 and the Buyer undertakes to take such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

 

18.The lots are sold as seen/as they lie with all faults and errors or misstatement of description, measurement, weight, quantity, quality, numbered or otherwise (whether of substantial nature or not). The Buyer shall be deemed to have inspected the lot he buys and if he buys without previous inspection he shall do so at his own risk. No oral or written representation made prior to, or at the time of sale, of any lot shall be deemed to be incorporated in such sale, nor to have induced any Buyer to bid.

 

19.Lots are not sold by sample, but in any case, if a sample shall be displayed it shall be on the understanding that the contract of sale shall contain no implied condition or warranty as to the quality it shall be on the understanding that the contract of sale shall contain no implied warranty as to the quality or fitness or otherwise or that the lots are free from any defects rendering them merchantable or are reasonably fit for the purpose for which they were purchased.

 

20.Whilst every effort is made to ensure the accuracy of the catalogue any representation or statement made in the catalogue or made orally is opinion only and such information is given for guidance only with no responsibility on the part of the Vendors or the Auctioneers. The Buyer shall be deemed to have inspected and approved each and every lot purchased and to have satisfied themselves as to all matters and as to the physical description of all lots and to whether the lot is damaged or has been repaired or restored or modified. The Auctioneers must receive any claim made under any Statute in writing within five days of the day of the sale.

 

21.Buyers are advised to check the condition of all lots personally.

 

22.In some instances catalogue descriptions indicate some damage, repairs and/or restorations. Absence of such advice does not imply that a lot is free from defect. Buyers must satisfy themselves as to the condition and authenticity of each lot and whether the lot agrees with the description given.

 

23.Presale estimates are intended merely as a guide and may be subject to revision. Estimates are designed to help Buyers gauge what sort of sum might be involved for the purchase of a particular lot. The low estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyers Premium or VAT (where chargeable).

 

24.Estimates are prepared some time before the sale and may be altered by announcement before the sale.

 

25.Goods sold are not necessarily new and each lot is sold with all faults and imperfections and errors of description. The Auctioneers, their servants or agents do not accept any responsibility for the correctness of any representation or statement in any catalogue of authorship, ownership, attribution, provenance or estimated selling price and any statements are opinion only and are not to be taken as representation of fact. Any Buyer who is represented by an agent in the room who feels dissatisfied with the purchase shall claim against his agent and shall have no claim whatsoever upon the Auctioneers.

 

26.All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneers from the rostrum prior to any bid being accepted for the lot.

 

27.No sale shall be invalidated by reason of the lots being incorrectly described and no compensation shall be paid in respect of any faults or errors of description. Notwithstanding this condition, if within two days of the sale of any lot the Buyer gives notice in writing to the Auctioneers that the lot sold is a forgery and returns the lot within 24 hours in the same condition as it was at the time of the sale to the premises of the Auctioneers and there shows that considered in the light of the terms and conditions of sale the lot sold is a forgery, the Auctioneers are authorised to and will rescind the sale. The burden of proof to be upon the Buyer and the Vendor and Buyer to agree to be bound by SIA Group (UK) Ltd or SIA Group (UK) London Ltd’ decision.

 

28.In the context of this guarantee, a ‘deliberate forgery’ means a likeness made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Sale had a value substantially less than it would have had, had it been in accordance with the description, however, there will be no right where the description in the catalogue at the time of Sale was in accordance with the general opinion of experts or fairly indicated there to be a conflict of details or an ‘Approved’ or ‘Regular’ buyer code, will not be processed/executed.

 

29.In these Terms & Conditions the term ‘catalogue’ includes any advertisement, brochure, estimate price list and other publication. Special terms may be used in catalogue descriptions of particular classes of items in which cases the descriptions must be interpreted in accordance with any glossary appearing inside the cover.

 

30.All measurements, measures, numbers of, weight or other indicative information about the proportions of a lot are approximate and the Buyer should make their own determination.

 

31.Some electrical goods are offered for sale for display and historical purposes only and are not suitable for connection to the mains supply. All such goods should be checked prior to use and may not comply with the statutory requirements.

 

32.Where a member of the public causes damage to a lot or part lot the Auctioneers reserve the right to sell the lot without reserve and hold that specific individual liable for the amount of any shortfall between the hammer price and the reserve or lower estimate or hold that specific individual liable for the cost of restoration or hold that specific individual liable for the full amount of the reserve price or lower estimate.

 

33.The Buyer of a firearm is responsible for obtaining a valid firearm certificate, shot gun certificate or certification of registration as a firearms dealer and for conforming with the regulations in force in Great Britain relating to firearms. The Auctioneers will not deliver up lots to Buyers without production of evidence of compliance with this condition.

 

34.If the Buyer does not honour it’s obligations for collection under clauses 7 and 31 above in any way, SIA Group (UK) Ltd or SIA Group (UK) London Ltd as agents of the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies:

 

(a) re-enter the firearm into auction and charge a defaulter’s entry fee of £50.00 plus VAT to the Buyer;

(b) charge a one-off administration fee of £50.00 (plus VAT if applicable);

(c) move the firearm (at the risk of the Buyer provided that SIA Group (UK) Ltd or SIA Group (UK) London Ltd will use reasonable care and skill in such a move) to another Premises from that where the Buyer purchased the firearm; and

(d) for every calendar day following the day on which the firearm should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £10 plus VAT per firearm stored without exception, and such charge will continue to accrue notwithstanding the transfer of any firearm to an alternative premises by SIA Group (UK) Ltd or SIA Group (UK) London Ltd (and for the avoidance of doubt, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will deduct such charge from any deposit or payment).

 

35.When a firearm is re-auctioned pursuant to clauses 9 or 33 or otherwise in accordance with these Terms & Conditions as deemed appropriate by SIA Group (UK) Ltd or SIA Group (UK) London Ltd, the proceeds of such re-sale will be applied in the following manner (for the avoidance of doubt, any deposit will first be applied as against the costs listed below, followed by the proceeds of the re-sale):

 

(a) the defaulters entry fee referred to in clause 34(a) on the re-sale which will be charged to the Buyer;

(b) any outstanding storage fees, removal fees, and insurance expenses due;

(c) any sums due under the original contract following the first auctions;

(d) (together with any VAT chargeable).

 

36.The balance of the re-sale price, if any, shall be paid to the original Buyer if title in the firearm has passed to him but shall otherwise be paid to the original Vendor or, where the Vendor`s rights have been transferred to SIA Group (UK) Ltd or SIA Group (UK) London Ltd, shall be retained by SIA Group (UK) Ltd or SIA Group (UK) London Ltd. The original Buyer will remain liable to SIA Group (UK) Ltd or SIA Group (UK) London Ltd and/or the Vendor subsequent to the re-sale, save where the proceeds of the re-sale have discharged such liability.

 

37.SIA Group (UK) Ltd or SIA Group (UK) London Ltd are unable to arrange package or shipping of items. Successful Buyers must make these arrangements independently, though the saleroom may be able to suggest specialist-shipping companies who can advise Buyers, this advice is not a recommendation and the Auctioneers are not liable for any aspect of the packing and shipping process. Please note that the cost of packaging and shipping depends on the size/weight of the item (s) purchased, insurance requirements and the shipping destination, not the value of the item(s) purchased. Please note that any items not collected within the specified time may be automatically removed to commercial storage and subject to a storage charge.

 

38.All items marked with an (•) are subject to Artists Re Sale Right. From mid Feb 2006 living artists are entitled to receive a resale royalty each time their art work is bought or sold by an art market professional. This law has been introduced in the UK following a European Directive. Artwork must reach or exceed a certain value before it qualifies for the right. The qualifying threshold in the UK is 1000 euros which is approximately £800. The rates are calculated as a percentage of the sale price and are set out in a sliding scale from 4% to 0.25%.

 

39.Portion of the sale price Royalty Rate From 1000 to 50,000 euro 4% From 50,000.01 to 200,000 euro 3%

 

40.This will be an extra charge upon the sum for which the art work is obtained, excluding V.A.T. For auctions this is regarded as the hammer price (excluding the Buyers Premium).

 

41.For more information please see a full copy of ‘The Artists Resale Right Agreement 2006’ which is available on request.

 

42.Commission bids may be left with the Auctioneers indicating the maximum amount to be bid excluding buyers’ premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two Buyers submit identical bids the Auctioneers may prefer the first bid received.

 

43.The Auctioneers do not accept commission bids via telephone or e-mail.

 

44.Commission bids may be made by facsimile, provided that in addition to details of the bids the Buyer wishes to make, as per clause 42 above, the Buyer will need to provide:

 

(a) the payment of the Deposit electronically, or as otherwise notified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd in the relevant Important Notes; and the presentation of 2 forms of identification acceptable to SIA Group (UK) Ltd or SIA Group (UK) London Ltd; and the completion and submission of the Bidding Form credit / debit card details sufficient to process the Buyer’s payment following the conclusion of the auction. The Auctioneers regret that any bids left without the backing of credit / debit card details, will not be processed / executed.

 

45.Bids cannot be accepted from persons under the age of 18 for any lots in the auction.

 

46.Buyers intending to export goods should ascertain (a) whether an export license is required and (b) whether there is any specific prohibition on importing goods of the character because e.g. they may contain prohibited materials such as ivory. The Auctioneers will not be held responsible for any loss, destruction, fines or other penalty in connection with the export of any goods bought from the auction.

 

47.Electrical and / or mechanical goods are sold on the strict understanding that these are untested, without warranties and any other guarantees as to serviceability or working order.

 

48.Electrical goods are sold as ‘antiques’ only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

 

49.The Buyer warrants that they are aware that any items of plant, machinery or equipment may not necessarily comply with the Health and Safety at Work Act 1974, Environmental Protection Act 1990 or any other Act or Acts or Regulations governing use in a working environment. Buyers are required to ensure that the use of any such plant, machinery or equipment does not contravene any such relevant Act or Regulation applicable thereto.

 

50.Where the Auctioneer conducts a sale on behalf of a Vendor who is either a Receiver or Liquidator of a Limited Company or Trustee in Bankruptcy:-

 

(a) The Vendor shall only act as agent on behalf of the Company or the Bankrupt and shall be under no personal liability whatsoever in respect of the contract for the sale of any lot.

(b) The Vendor and the Auctioneers on their behalf only sell whatsoever right, title, equity or interest the Company or the Bankrupt may have in any lot.

(c) In the event of a third party proving to have a superior title or right to custody or possession of any lot the Vendor may rescind the contract of sale and upon return of any deposit and / or purchase price to the Buyer neither the Vendor nor the Auctioneers shall be under any further liability to the Buyer.

(d) The Auctioneers shall be the sole arbitrator of any dispute, and reserves the right to reject any and all bids. The Auctioneers may, at their discretion and without any liability, cancel without notice the auction sale, either totally or in respect to any particular lot. In the event of a tied bid the Auctioneers shall have the final decision on that sale. In the case of an online auction the sole arbitrator of any dispute shall be SIA Group (UK) Ltd’s or SIA Group (UK) London Ltd’s Head Auctioneer.

 

51.Buyers Premium: A Buyers Premium of 15% to 20% plus VAT is incurred on the hammer price on all lots unless stated otherwise.

 

52.Value added tax: All lots are subject to the addition of VAT on the total unless stated otherwise.

 

53.The lots are sold ‘as they lie’ with all faults and errors in description and quantity. We recommended that Buyers do not bid unless they have physically examined lots to their satisfaction prior to doing so - IF IN DOUBT DO NOT BID.

 

54.Buyers buy lots where they lie & must bring any necessary labour and equipment in order to remove their lots and shall comply with any directions which may be given by staff.

 

55.Online Auctions / 3 Minute Rule: Any online auction by the Auctioneers will at the discretion of the Auctioneers operate a ‘3 minute rule’ which means that if a person bids on-line within the last 3 minutes of a specific lots closing time then the Auctioneers may extend the lots closing time by up to an additional 10 minutes and so on until no further bids are placed. This feature is to rule out `sniper` bidding at the end of auctions.

 

MOTOR VEHICLES

 

56.The definitions in this clause apply to these Terms & Conditions:

 

(a) “Bidding Form” means the slip to be completed by a potential Buyer prior to participating in an auction in conjunction with Registration.

(b) “Buyer” shall mean the maker of the highest bid accepted by SIA Group (UK) Ltd or SIA Group (UK) London Ltd whether on the fall of the hammer (when the Hammer Price is achieved) or by private treaty sale.

(c) “Buyers Premium” refers to the premium of between 15% to 20% plus VAT which is incurred on the Hammer Price of all lots unless stated otherwise.

(d) “Contract” means the contract for purchase formed between the Buyer and the Vendor once the Hammer Price has been achieved.

(e) “Defaulter’s Entry Fee” means the fee of £100 to be charged to the relevant party in the case of any Vehicle having to be re-auctioned otherwise than due to a fault of SIA Group (UK) Ltd or SIA Group (UK) London Ltd.

(f) “Deposit” means the deposit paid by the potential Buyer upon Registration of either £100 or more as notified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd in the Important Notes.

(g) “Important Notes” means the notes associated with each auction including but not limited to the Health & Safety notes, viewing times, payment details, collection times, the amount of the Buyers Premium, VAT chargeable, and any other relevant terms relating to that particular auction and/or sale, and which in all cases are governed by these Terms and Conditions.

(h) “SIA Group (UK) Ltd or SIA Group (UK) London Ltd” means SIA Group (UK) Ltd or SIA Group (UK) London Ltd who have the conduct of auctions from the rostrum and/or any other authorised representative thereof.

(i) “Hammer Price” shall mean the highest bid accepted by SIA Group (UK) Ltd or SIA Group (UK) London Ltd including any VAT that may be included therein.

(j) “Premises” means the premises in which the auction is taking place, and, where relevant, the location where the individual Vehicles and/or lots under the control of SIA Group (UK) Ltd or SIA Group (UK) London Ltd are stored.

(k) “Registration” means all or any one of the following as appropriate:

 

(i) the payment of the Deposit electronically, or as otherwise notified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd in the relevant Important Notes; and

(ii) the presentation of 2 forms of identification acceptable to SIA Group (UK) Ltd or SIA Group (UK) London Ltd; and

(iii) the completion and submission of the Bidding Form.

 

(l) “Vendor” includes any prospective Vendor save where the context otherwise requires.

(m) “VAT”means Value Added Tax.

(n) “Vehicle” includes every kind of motor car, motor cycle, trailer and/or motorised caravan and every kind of commercial, agricultural and other self-propelled vehicle and mechanical and electrical plant and equipment, and any current vehicle excise license attached to it.

(o) “Working Day” means any day that SIA Group (UK) Ltd or SIA Group (UK) London Ltd is open to the public for business.

 

57.Headings do not affect the interpretation of these Terms and Conditions.

 

58.The headings of the Terms do not form part of the Terms and Conditions.

 

59.Save in the context of any online auctions held by SIA Group (UK) Ltd or SIA Group (UK) London Ltd where reference to writing will include reference to email, writing or written does not include facsimiles and e-mail unless otherwise notified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd.

 

60.If any of these Terms and Conditions are inconsistent with any term of the Important Notes, the Important Notes shall prevail.

 

61.Reference to a ‘lot’ or ‘lots’ under these Terms and Conditions is a general reference in respect of the auction.

 

62.All Vehicle entries, sale and purchases of Vehicles whether at a public auction, private treaty or via an online auction are subject to these Terms and Conditions.

 

63.All Buyers and Vendors acknowledge and agree that these Terms and Conditions are binding upon them, and by the purchasers completing Registration, and SIA Group (UK) Ltd or SIA Group (UK) London Ltd accepting the Vendor items for auction, these Terms and Conditions are deemed accepted and incorporated into all dealings as between the relevant parties.

 

64.SIA Group (UK) Ltd or SIA Group (UK) London Ltd sell as agents for the Vendor and as such are not responsible for any default by Vendor.

 

65.Unless otherwise agreed by SIA Group (UK) Ltd or SIA Group (UK) London Ltd in writing, a Vehicle shall not be deemed accepted into any auction unless and until the Vendor has produced:-

 

(a) the Vehicle;

(b) the Form V5;

(c) any required entry fee as specified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd (for the avoidance of doubt, SIA Group (UK) Ltd or SIA Group (UK) London Ltd reserve the right to charge an entry fee when a Vehicle is entered for auction, such entry fee as will be agreed between the potential Vendor and SIA Group (UK) Ltd or SIA Group (UK) London Ltd at the relevant time, and for the avoidance of doubt, if for any reason the Vehicle is entered for re-sale subsequent to the initial auction (otherwise than due to a fault of SIA Group (UK) Ltd or SIA Group (UK) London Ltd, then SIA Group (UK) Ltd or SIA Group (UK) London Ltd will be entitled to charge the Defaulters Entry Fee each time the same Vehicle is re-entered for auction);

(d) the keys of the Vehicle;

(e) all other certificates pertaining to the Vehicle which the Vendor is reasonably able to produce upon request; and

(f) the service history if available.

 

66.Unless otherwise agreed, notwithstanding the production of the items listed in clause 62 above, SIA Group (UK) Ltd or SIA Group (UK) London Ltd has the right to refuse entry of any Vehicle into auction, and to set the entry fee at a reasonable amount deemed appropriate by SIA Group (UK) Ltd or SIA Group (UK) London Ltd.

 

67.The Vendor warrants to SIA Group (UK) Ltd or SIA Group (UK) London Ltd and to the Buyer that:

 

(a) the Vendor is the true owner of the Vehicle and is properly authorised to sell the Vehicle by the true owner;

(b) the Vendor is able to transfer a good and marketable title to the Vehicle free from any third party claims;

(c) the Vehicle bears the proper chassis number and registration marks; and

(d) every representation made by the Vendor (in any form) about the Vehicle is wholly accurate and informed, and the Vendor acknowledges that such representations will be relied upon by SIA Group (UK) Ltd or SIA Group (UK) London Ltd and the Buyer.

 

68.The Vendor will indemnify SIA Group (UK) Ltd or SIA Group (UK) London Ltd, their servants and agents and the Buyer against any loss or damage suffered by them in consequence of any breach of the warranties set out in clause 67 above on the part of the Vendor.

 

69.Save where otherwise agreed, SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall remit the proceeds of the sale to the Vendor not later than one month after the auction and following the relevant deductions.

 

70.Where a Vendor cancels instructions for sale of a Vehicle, SIA Group (UK) Ltd or SIA Group (UK) London Ltd reserves the right to charge the Defaulter’s Entry Fee plus 5% of SIA Group (UK) Ltd’s or SIA Group (UK) London Ltd’s then latest estimate of the auction price of the Vehicle withdrawn (plus VAT where applicable).

 

71.Where any Vehicle fails to sell, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will notify the Vendor accordingly. The Vendor will make arrangements either to re-offer the Vehicle lot for auction or to collect the Vehicle, and if such arrangements are not made:

 

(a) Within 2 Working Days of notification, the Vendor will be responsible for any removal, storage and insurance expenses of the Vehicle as notified by SIA Group (UK) Ltd or SIA Group (UK) London Ltd; and

(b) Within 5 Working Days of notification, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will have the right to sell the Vehicle at public auction without reserve and to deduct from the Hammer Price any sum owing to SIA Group (UK) Ltd or SIA Group (UK) London Ltd including removal, storage and insurance expenses, the entry fee in respect of the first auction (together with any VAT chargeable thereon), a Defaulter’s Entry Fee, commission on the second auction and all other reasonable expenses before remitting the balance to the Vendor.

 

72.All Vehicles are sold ‘as they lie’ with all faults and imperfections and errors of description. Illustrations in catalogues or brochures are for identification only. Purchasers should satisfy themselves prior to sale as to the condition of each Vehicle and should exercise and rely on their own judgment as to whether the Vehicle accords with its description. Neither SIA Group (UK) Ltd or SIA Group (UK) London Ltd, their servants or agents will be responsible for errors of description or for the genuineness or authenticity of any Vehicle.

 

73.No warranty (written or oral) or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle is given by SIA Group (UK) Ltd or SIA Group (UK) London Ltd, their servants or agents or by any Vendor to any Buyer in respect of any lot, and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. For the avoidance of doubt, the Vehicles are not sold by sample.

 

74.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 .

 

75.Except in respect of the Important Notes, no oral or written representation made prior to or at the time of sale of any Vehicle shall be deemed to be incorporated into such sale nor to have induced any potential buyer to bid.

 

76.Buyers buy Vehicles where they lie and are wholly responsible to bring any necessary labour and equipment in order to remove their Vehicle(s) and shall comply with any directions which may be given by SIA Group (UK) Ltd and SIA Group (UK) London Ltd as to the safe removal of the Vehicle(s) and in giving due care to other lots on the Premises and the Premises itself.

 

77.The Buyer is hereby made aware that in adjudging the accuracy of the description “no major mechanical defects” the age and, if warranted by the Vendor, the mileage of the Vehicle shall be taken into account; and, when a Vehicle is described by SIA Group (UK) Ltd and SIA Group (UK) London Ltd as having no major mechanical defects that description shall be construed as meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering and transmission of the Vehicle.

 

78.These Terms shall become binding on the Vendor and Buyer respectively when:

 

(a) The Vendor’s Vehicle is accepted by SIA Group (UK) Ltd and SIA Group (UK) London Ltd to be considered for auction; and

(b) The Buyer completes Registration.

 

79.SIA Group (UK) Ltd and SIA Group (UK) London Ltd has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems’ capabilities. Buyers and Vendors will be subject to the policies and terms in force at the time these Terms become binding in accordance with clause 75 above.

 

80.The title in the Vehicle shall not pass to the Buyer until the Hammer Price and the Buyers Premium have been paid to SIA Group (UK) Ltd and SIA Group (UK) London Ltd (and have been received in full and cleared funds) and any other instrument tendered in payment has been cleared. Until title passes, and subject to clause 111 below, SIA Group (UK) Ltd and SIA Group (UK) London Ltd reserve the right to dispose of the Vehicle in accordance with clause 71 above.

 

81.From the delivery of a Vehicle to the Premises until the Hammer Price in respect of a Vehicle is reached or the Vehicle is removed by the Vendor (including any time during which the Vehicle is being tested or demonstrated on the auction premises, or elsewhere) the Vehicle is at the risk of the Vendor, and neither SIA Group (UK) Ltd or SIA Group (UK) London Ltd nor its servants or agents will be responsible for any loss or damage whether caused by negligence or otherwise.

 

82.From the time when a Hammer Price is reached in respect of a Vehicle, a Vehicle is deemed sold, and notwithstanding clause 80 above, it is at the risk of the Buyer from that point onwards.

 

83.Without prejudice to any other of their rights set out in these Terms, SIA Group (UK) Ltd and SIA Group (UK) London Ltd has absolute discretion without giving any reason to refuse any bid, to withdraw any Vehicle before the hammer falls, to divide any lot, to combine any two or more lots, or to withdraw any lot and/or Vehicle from the auction. SIA Group (UK) Ltd or SIA Group (UK) London Ltd is not bound to accept any offer.

 

84.Potential buyers wishing to participate in an auction must first:

 

(a) view all lots; and

(b) Complete Registration (including the payment of the Deposit), before they will be admitted to participate in any auction.

 

85.The contract of sale between the Vendor and a Buyer will be formed once the Hammer Price has been achieved, at which point the Vehicle shall be deemed sold subject to the provisions of clause 80 above.

 

86.For the avoidance of doubt, the parties to the contract of sale of the Vehicle are the Buyer and the Vendor. SIA Group (UK) Ltd and SIA Group (UK) London Ltd are not a party to the contract of sale and is not liable for any breach thereof by either the Buyer or the Vendor.

 

87.It shall be a term of the contract of sale that the Buyer accepts the bodywork, the tyres, the exhaust, the battery and the upholstery of the Vehicle with all damage and defects (if any) which an inspection of the interior and the exterior ought reasonably to reveal.

 

88.Immediately after the achievement of the Hammer Price the terms of clause 99 below shall apply.

 

89.If a potential buyer is unsuccessful in achieving the Hammer Price, they may recover their Deposit from SIA Group (UK) Ltd and SIA Group (UK) London Ltd or, they may request in writing that SIA Group (UK) Ltd or SIA Group (UK) London Ltd keep the Deposit against future auctions which the potential buyer may participate in, and make them a registered ‘regular customer’ of SIA Group (UK) Ltd and SIA Group (UK) London Ltd provided they adhere to bi-annual requests for identification.

 

90.Any disputes in relation to the bidding, or following the attainment of the Hammer Price in relation to what bids were made by who shall be referred to SIA Group (UK) Ltd or SIA Group (UK) London Ltd for decision. For the avoidance of doubt, SIA Group (UK) Ltd and SIA Group (UK) London Ltd shall have absolute discretion to cancel the contract of sale and to re-auction the Vehicle (which is the subject of any dispute) either during the same or a subsequent auction, and, in all cases, SIA Group (UK) Ltd or SIA Group (UK) London Ltd’ decision in respect of any such dispute (for which no justification or reasons shall be required) will be final.

 

91.In the event that SIA Group (UK) Ltd or SIA Group (UK) London Ltd exercises the discretion to cancel the contract referred to at clause 85 above, neither the original Buyer nor the Vendor 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 under the original contract.

 

92.Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by SIA Group (UK) Ltd or SIA Group (UK) London Ltd that he acts as agent on behalf of a named principal.

 

93.SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall not in any circumstances be obliged to announce any reserve price.

 

94.SIA Group (UK) Ltd and SIA Group (UK) London Ltd reserve the right to turn away any potential Vendors and/or Buyers who do not present appropriate identification upon reasonable request.

 

95.Persons attend auctions at their own risk and neither the Vendor nor SIA Group (UK) Ltd or SIA Group (UK) London Ltd will be individually or collectively responsible for any loss or damage whatsoever occasioned to any person or property who or which may be present on the auction site or Premises for any purpose whatsoever.

 

96.Where SIA Group (UK) Ltd or SIA Group (UK) London Ltd conducts a sale on behalf of a Vendor who is either a receiver or liquidator of a limited company or trustee in bankruptcy:-

 

(a) The Vendor and SIA Group (UK) Ltd or SIA Group (UK) London Ltd on their behalf only sell whatsoever right, title or interest the company or bankrupt may have in any lot;

(b) In the event of a third party proving to have a superior title or right to custody or possession of any Vehicle SIA Group (UK) Ltd or SIA Group (UK) London Ltd may rescind the contract of sale and upon return of any Deposit and/or Hammer Price to the Buyer, neither the Vendor not SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall be under any further liability to the Buyer.

 

97.SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall have the right, at its discretion, to refuse admission to the Premises or attendance at the auctions by any person.

 

98.The Important Notes will be made available to potential buyers on SIA Group (UK) Ltd or SIA Group (UK) London Ltd website, in the relevant catalogue, on request, and will be on display at the Premises.

 

99.Immediately following the achievement of the Hammer Price, the Buyer shall attend the relevant clerk and/or follow the appropriate process as notified to the Buyer by SIA Group (UK) Ltd or SIA Group (UK) London Ltd and pay the Hammer Price (plus VAT where relevant), and the Buyers Premium (plus VAT where applicable). If the Buyer fails to do so by 15:00 on the next Working Day, or such other time as is specified in the Important Notes, SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall have an absolute discretion to cancel the contract of sale, to retain the Deposit, and the terms of clause 119 below will apply.

 

100.All required payments will be settled in full and before removal of the Vehicle is permitted and will be in sterling (GBP) by way of cash, CHAPS, Bankers Draft, Debit Cards, or as otherwise specified in the Important Notes or directly by SIA Group (UK) Ltd or SIA Group (UK) London Ltd. All queries in relation to methods of payment must be made to SIA Group (UK) Ltd or SIA Group (UK) London Ltd accounts department and unless otherwise agreed by SIA Group (UK) Ltd or SIA Group (UK) London Ltd, the timing required under these Terms for payment is of the essence, and will under no circumstances be adjusted further to a failure on the part of the Buyer to make the necessary enquiries and preparations in order to pay the Hammer Price.

 

101.In respect of telegraphic transfers, the remitting bank must include the bidding number (listed on the Bid Slip), the invoice number, and any other reference as shown in the Important Notes, or as otherwise directed by SIA Group (UK) Ltd or SIA Group (UK) London Ltd.

 

102.All bankers’ drafts will be confirmed with the drawn bank prior to acceptance. Buyers must provide full details of the drawn bank including branch, contact name and telephone number.

 

103.Bankers Drafts can only be accepted for payment up to 15:00 Monday to Thursday - after this time collection will be deferred to the next Working Day.

 

104.All lots are sold exclusive of VAT which will be added to the Hammer Price at the prevailing rate (if applicable).

 

105.All lots must be paid for in accordance with clause 97 above, and must be removed no later than the time specified in the Important Notes.

 

106.The Important Notes will set out:

 

(a) any Health & Safety policies;

(b) viewing times;

(c) payment details;

(d) collection times;

(e) the amount of commission (if any) which will be payable by the Vendor as a percentage of the Hammer Price;

(f) the amount of the Buyer Premium (as defined below in clause 107);

(g) any service charges;

(h) VAT payable (if any);

(i) Registration details;

(j) location details; and

(k) specific detail relating to the particular auction.

 

107.SIA Group (UK) Ltd or SIA Group (UK) London Ltd will charge a “Buyers Premium” on all lots on the purchase price of the Vehicle plus VAT. The Buyers Premium will be set out in the Important Notes, and will be a percentage of the Hammer Price which will be charged to the Buyer.

 

108.SIA Group (UK) Ltd or SIA Group (UK) London Ltd are entitled to deduct the relevant fees from the Hammer Price (plus any VAT chargeable thereon) in respect of each Vehicle (which may, for the avoidance of doubt, include any commission due, the entry fee due (if not already paid) and any other previously notified fees chargeable), before remitting the proceeds to the Vendor.

 

109.Without prejudice to any other rights of SIA Group (UK) Ltd or SIA Group (UK) London Ltd under these Terms in respect of the charging of commission, entry fees, Buyers Premium, and any other relevant fees, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will be entitled to charge the commission and Buyers Premium in all cases including but not limited to:

 

(a) when the Vehicle is sold in an auction irrespective of whether the contract of sale is later rescinded (save further to an act or omission of SIA Group (UK) Ltd or SIA Group (UK) London Ltd);

(b) if the Vehicle is sold (or re-sold) by way of private sale on the Premises;

(c) if the Vehicle is re-sold further to the default of the Buyer, or the Vendor;

(d) if the Vendor becomes the Buyer.

 

110.Without prejudice to any of SIA Group (UK) Ltd or SIA Group (UK) London Ltd’ rights under these Terms, for the avoidance of doubt:

 

(a) SIA Group (UK) Ltd or SIA Group (UK) London Ltd will not be under any obligation to pay any monies to the Vendor following the auction until such time as the Buyer remits all monies due; and

(b) SIA Group (UK) Ltd or SIA Group (UK) London Ltd will be entitled to deduct from any payment due to the Vendor, any amounts owed by the Vendor to SIA Group (UK) Ltd or SIA Group (UK) London Ltd which SIA Group (UK) Ltd or SIA Group (UK) London Ltd has obtained prior consent from the Vendor to so deduct.

 

111.The Buyer shall at his own expense and risk take away the Vehicle(s) purchased not later than 16:00 the following Working Day after the relevant auction in which the Vehicle was purchased has concluded, unless otherwise stated in the Important Notes (but in any event not before payment to SIA Group (UK) Ltd or SIA Group (UK) London Ltd in accordance with clause 99 above). If the Buyer fails to do so, the provisions of clause 119(b) below will apply.

 

112.The Buyer shall fully indemnify and keep indemnified SIA Group (UK) Ltd or SIA Group (UK) London Ltd in the event of any damage or loss caused and/or occasioned to any adjoining or other lots or to the Premises by their removal of the Vehicles.

 

113.The Buyer shall be responsible for any injury to and/or death of any person resulting from the removal of his Vehicle(s) and shall fully indemnify and keep indemnified, SIA Group (UK) Ltd or SIA Group (UK) London Ltd against any such liability whether or not such injury and/or death was caused by the negligence of the Buyer, his employees or agents.

 

114.In accordance with clause 82 above, the Buyer will be responsible for loss or damage to the Vehicles purchased from notification of successful bid and neither SIA Group (UK) Ltd or SIA Group (UK) London Ltd nor its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Vehicle is in their custody or under their control.

 

115.The Buyer of any Vehicle is responsible for complying with all legal requirements as to the construction and use of that Vehicle and for obtaining all insurances, certificates, permits or other authorisations necessary before that Vehicle can be used on any road, and the Buyer will not use the Vehicle on any road or remove it from the Premises under its own power until it is roadworthy, can be used lawfully on the road, and has all necessary certificates.

 

116.If required to do so by SIA Group (UK) Ltd or SIA Group (UK) London Ltd the Buyer will provide a written undertaking (in a form acceptable to SIA Group (UK) Ltd or SIA Group (UK) London Ltd) to comply with all duties and obligations in respect of the vehicle by the Road Traffic Act 1972, the Health and Safety at Work Act 1974, any subsequent modification or re-enactment of either Act or by any other legislation affecting the use of the Vehicle. SIA Group (UK) Ltd or SIA Group (UK) London Ltd may cancel the contract the contract of sale if the Buyer fails to provide such an undertaking upon request. In this event, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will be entitled to re-auction the Vehicle at any time.

 

117.The Buyer shall be responsible for any damage occasioned to any adjoining or other lots or to the Premises by the removal of their Vehicle(s) and shall repair the same either before removal of the Vehicles from the Premises or after such removal as SIA Group (UK) Ltd or SIA Group (UK) London Ltd may desire or shall pay the estimated cost of doing so to be fixed by SIA Group (UK) Ltd or SIA Group (UK) London Ltd whose decision shall be binding on the Buyer.

 

118.Neither the Vendor nor SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall be under any liability pursuant to section 6 of the Health and Safety Act 1974 and the Buyer’s attention is drawn to the undertaking given on each Bidding Form at the sale by which the Buyer undertakes to take such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

 

119.If the Buyer does not honour it’s obligations for payment in any way, SIA Group (UK) Ltd or SIA Group (UK) London Ltd as agents of the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies:

 

(a) to rescind the contract for sale of the Vehicle (or any other Vehicle) sold to the defaulting Buyer at the auction; and

(b) to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract; or

(c) to enter the Vehicle in question to be re-sold at public auction or private sale, the defaulting Buyer will then pay to SIA Group (UK) Ltd or SIA Group (UK) London Ltd any resulting deficiency in the purchase price at the first auction after deduction of any part payment and addition of resale costs;

(d) to remove, store (either at the Premises or elsewhere) and insure the Vehicle at the expense of the defaulting Buyer;

(e) to charge interest at a rate not exceeding 2% per month on the Hammer Price to the extent that it remains unpaid for more than 2 Working Days after the day of the relevant auction;

(f) to retain that or any other Vehicle sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price;

(g) to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction;

(h) to apply any proceeds of sale then due or at any time afterwards becoming due to the defaulting Buyer towards settlement of the Hammer Price and to exercise a lien on any property of the defaulting Buyer which is in SIA Group (UK) Ltd or SIA Group (UK) London Ltd possession for any purpose.

 

120.If the Buyer fails to remove the Vehicle from the Premises as required under clause 111 above (and such failure to remove the Vehicle is not due to a fault of SIA Group (UK) Ltd or SIA Group (UK) London Ltd) SIA Group (UK) Ltd or SIA Group (UK) London Ltd will have the right to:

 

(a) re-enter the Vehicle into auction and charge the Defaulter’s Entry Fee to the Buyer;

(b) charge a one-off administration fee of £50.00 (plus VAT if applicable);

(c) move the Vehicle (at the risk of the Buyer provided that SIA Group (UK) Ltd or SIA Group (UK) London Ltd will use reasonable care and skill in such a move) to another Premises from that where the Buyer purchased the Vehicle; and

(d) for every calendar day following the day on which the Vehicle(s) should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £15 plus VAT per Vehicle stored without exception, and such charge will continue to accrue notwithstanding the transfer of any Vehicle to an alternative premises by SIA Group (UK) Ltd or SIA Group (UK) London Ltd (and for the avoidance of doubt, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will deduct such charge from the Deposit).

(e) For every hour or part hour thereof following the day on which the Vehicle(s) should have been collected from the Premises by the Buyer, that SIA Group (UK) Ltd or SIA Group (UK) London have their representative on site a fee of £15.00 (plus VAT if applicable) will be charged, to include travel time to and from any relevant premises.

 

121.When a Vehicle is re-auctioned pursuant to clause 119 or 120 or otherwise in accordance with these Terms as deemed appropriate by SIA Group (UK) Ltd or SIA Group (UK) London Ltd, the proceeds of such re-sale will be applied in the following manner (for the avoidance of doubt, SIA Group (UK) Ltd or SIA Group (UK) London Ltd will only be able to apply the Deposit as against the costs listed below if the re-sale is occurring further to clause 119, and in the case of a re-sale occurring further to clause 120, the Deposit will first be applied as against the costs listed below, followed by the proceeds of the re-sale):-

 

(a) The Defaulters Entry Fee on the re-sale which will be charged to the Buyer;

(b) Any outstanding storage fees, removal fees, and insurance expenses due;

(c) Any sums due under the original contract following the first auctions;

(d) (together with any VAT chargeable).

 

122.The balance of the re-sale price, if any, shall be paid to the original Buyer if title in the Vehicle has passed to him but shall otherwise be paid to the original Vendor or, where the Vendor`s rights have been transferred to SIA Group (UK) Ltd or SIA Group (UK) London Ltd, shall be retained by SIA Group (UK) Ltd or SIA Group (UK) London Ltd. The original Buyer will remain liable to SIA Group (UK) Ltd or SIA Group (UK) London Ltd and/or the Vendor subsequent to the re-sale, save where the proceeds of the re-sale have discharged such liability.

 

ADDITIONAL

 

123.For the avoidance of doubt, nothing in these Terms limits SIA Group (UK) Ltd or SIA Group (UK) London Ltd’ liability, nor, where applicable, the liability of the Buyer or Vendor for:

 

(a) death or personal injury caused by negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(e) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

 

124.SIA Group (UK) Ltd or SIA Group (UK) London Ltd will only use the personal information provided to them to provide the auction services, or to inform Buyers and Vendors about similar services which they provide, unless told by such parties that they do not want to receive this information.

 

125.The Buyers and Vendors acknowledge and agree that SIA Group (UK) Ltd or SIA Group (UK) London Ltd may pass their details to credit reference agencies.

 

126.Within this clause, "Data Protection Act" means the Data Protection Act 1998 and "Data Controller", "Data Processor" and "Personal Data" have the same meanings as in that Act.

 

127.With respect to the parties` rights and obligations under these Terms, such party shall be the Data Controller for information obtained in the course of the auction as permitted under these Terms. To the extent that the Buyer needs access to Personal Data relating to its receipt of the Vehicle, or a Vendor needs access to Personal Data relating to its sale of the Vehicle, then SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall be the Data Controller and the Buyer (and/or Vendor) shall be the Data Processor in respect of such Personal Data.

 

128.SIA Group (UK) Ltd or SIA Group (UK) London Ltd shall:

 

(a) only process Personal Data relating to its management (or otherwise) of the auction in accordance with the regulations of the Data Protection Act;

(b) only process Personal Data to the extent, and in such manner, as is necessary for the provision of the auction services and/or its obligations under these Terms or as is required by law or any regulatory body;

(c) implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected; and

(d) not perform its obligations hereunder or as otherwise set out in these conditions in such a way as to breach any of its applicable obligations under the Data Protection Act.

 

129.If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

130.If or to the extent that any of these Terms (as amended from time to time in writing by SIA Group (UK) Ltd or SIA Group (UK) London Ltd) are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly.

 

131.If SIA Group (UK) Ltd or SIA Group (UK) London Ltd fails, at any time while these Terms are in force, to insist that the Vendor and/or Buyer perform their obligations under these Terms, or if SIA Group (UK) Ltd or SIA Group (UK) London Ltd does not exercise any of its rights or remedies under these Terms, that will not mean that SIA Group (UK) Ltd or SIA Group (UK) London Ltd has waived such rights or remedies and will not mean that the Vendor and/or Buyer does not have to comply with those obligations.

 

132.If SIA Group (UK) Ltd or SIA Group (UK) London Ltd do waive a default by the Vendor and/or Buyer that will not mean that SIA Group (UK) Ltd or SIA Group (UK) London Ltd will automatically waive any subsequent default by the Vendor and/or Buyer. No waiver by SIA Group (UK) Ltd or SIA Group (UK) London Ltd of any of these Terms shall be effective unless SIA Group (UK) Ltd or SIA Group (UK) London Ltd expressly says that it is a waiver and SIA Group (UK) Ltd or SIA Group (UK) London Ltd tell the Buyer and Vendor so in writing.

 

133.A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

134.These Terms shall be governed by English law and SIA Group (UK) Ltd or SIA Group (UK) London Ltd, the Vendor and the Buyer all agree to the exclusive jurisdiction of the English courts.

 

ONLINE TERMS OF PARTICIPATION AND SALE

 

135.Subject to the following clauses which have precedence over the Terms above, the provisions of all Terms above apply to the sale of Vehicles or other items made through www.sia-auctions.co.uk or any other website used, owned or contracted to for the sale of Vehicles or other items by SIA Group (UK) Ltd or SIA Group (UK) London Ltd, and to the extent that such adjustments in practical application of the Terms are warranted by virtue of the electronic medium of participation in any given auction, so such adjustments shall be deemed made so to give full application to all relevant and applicable Terms.

 

136.All participants in the online auctions warrant that they are of legal age to operate any Vehicle which they purchase, and are otherwise legally capable of entering into binding contracts.

 

137.Provision of the Terms shall apply to the extent that it is not in conflict with any online grading system or other description provided by SIA Group (UK) Ltd or SIA Group (UK) London Ltd through the Website.

 

138.Any reference in the above Terms to the Buyers Premium will also, for the purposes of sale/purchases online, include any online Buyer’s fees of which the Buyer will be so notified at the time of Registration.

 

139.Any online auction by the Auctioneers will at the discretion of the Auctioneers operate a ‘3 minute rule’ which means that if a person bids on-line within the last 3 minutes of a specific lots closing time then the Auctioneers may extend the lots closing time by an additional 10 minutes and so on until no further bids are placed. This feature is to rule out `sniper` bidding at the end of auctions.

 

140.In completing any registration process connected with or utilising any online service used, owned or contracted to for the sale of Vehicles or other items by SIA Group (UK) Ltd or SIA Group (UK) London Ltd all participants agree and warrant the following:

 

a) That SIA Group (UK) Ltd or SIA Group (UK) London Ltd may if they so wish, charge the credit or debit card given in payment, or supplied for the purposes of taking any relevant deposit, full payment, including all fees, Buyer’s Premium, storage charges, interest and other charges as notified in connection with each online purchase, for all items successfully purchased.

b) That they are authorised to provide the credit or debit card details to SIA Group (UK) Ltd or SIA Group (UK) London Ltd through any website used, owned or contracted to for the sale of Vehicles or other items by SIA Group (UK) Ltd or SIA Group (UK) London Ltd or provided over the telephone direct or in person and agree that SIA Group (UK) Ltd or SIA Group (UK) London Ltd are entitled to ship the goods to, or only accept collection of a vehicle by, the card holder’s name and the card holder’s address provided in fulfilment of the sale.

c) Buyers who utilise the services of any website used, owned or contracted to for the sale of Vehicles or other items by SIA Group (UK) Ltd or SIA Group (UK) London Ltd are hereby informed that the payment method details that are provided by the relevant website or part of the process of registration will, in the absence of compliance with these Terms & Conditions, be utilised by SIA Group (UK) Ltd or SIA Group (UK) London Ltd to settle any amounts owing to us, to include all fees, Buyer’s Premium, storage charges, interest and other charges as notified in connection with each online purchase.

d) Please note that any lots or vehicles purchased via any website used, owned or contracted to for the sale of Vehicles or other items by SIA Group (UK) Ltd or SIA Group (UK) London Ltd may be subject to an additional 3% commission charge and VAT at the rate imposed on the hammer price.

Viewing Location:

Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE

 

Payment Location:

Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE

 

Viewing Times:

Monday 10 March 2014 from 10:00 to 16:00

 

Sale Commences:

Monday 10 March 2014 at 11:00

 

Sale Concludes:

Monday 17 March 2014 at 11:00

 

Payment Deadline:

Tuesday 18 March 2014 at 14:00

 

Payment Location:

Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE

 

Collection Deadline:

Thursday 20 March 2014 at 12:00

 

Collection Times: Wednesday 19 March 2014 between 10:00 - 16:00 or by arrangement

 

 

Payment Methods:

All payments to be made by bank transfer or by cash or card in person at: Regal House, The Hyde Business Park, Lower Bevendean, Brighton, BN2 4JE.

 

No debit or credit card payments will be accepted over the telephone.

 

If you cannot fulfil the above requirements then we advise you not to bid.

 

 

Descriptions:

All lots are sold as they lie, with all imperfections and faults and errors of description. Descriptions and photographs of items are for identification purposes only and Buyers should satisfy themselves prior to sale as to the condition of each item and should exercise and rely on their own judgment as to whether the item accords with its description. No responsibility will be taken for errors of description or for the genuineness or authenticity of any item. We reserve the right to refuse any bidder or bid without any reason whatsoever. The Buyer takes full responsible for packing, collection and / or delivery of any purchases.

 

Buyer’s Premium:

A charge of 15% (plus VAT) of the sale price will be added to every lot and will be payable by all successful Buyers.

 

Value Added Tax:

Value Added Tax (“VAT”) at a rate of 20% will be added to each lot that is marked with an asterisk (*)

 

Webcast Premium:

A charge of 3% (plus VAT) of the sale price will be added to every lot and will be payable by all successful Buyers.

 

Purchase Conditions:

As per this sheet and the Terms & Conditions on our website at: www.sia-auctions.co.uk

 

Delivery:

We do not deliver any items under any circumstances.

 

You can organise collection using a local Mailbox Courier on 01273 706020