Terms and Conditions of Sale – Online Auction Sales
Click Here for Terms and Conditions for our Tender and Private Treaty sales
Any prospective purchaser wishing to bid in our online auctions is required to register with H & H James Sutherland Asset Valuers & Auctioneers and provide their full name, address and debit card details. Registration can only be completed by accepting that all bids are strictly subject to the terms of the following terms and conditions.
In these terms and conditions:
1.1 “Auctioneer” or “Us” or “We” etc means H & H James Sutherland Asset Valuers & Auctioneers or its authorised auctioneer or representative as appropriate.
1.2 “You”, “Your” etc means the potential purchaser or purchaser who has first registered with us as referred to at clause 2 below.
1.3 The “Buyer’s Premium” is payable on each lot purchased on Online Auction Sales. This is typically 15% plus VAT, but can vary. Please check each sale before bidding. The Buyer’s Premium is added to the hammer price of the winning bid for said lot and is payable by the purchaser. The Buyer’s Premium is subject to Value Added Tax at the then standard rate.
1.4 The “Total Price” means the combined total of the successful bid for the lot, the Buyer’s Premium, VAT and any additional charges payable arising whether under these conditions or otherwise.
1.5 “Lot” means a lot offered for sale on our website.
2. The potential purchaser and any bidder hereby agree and acknowledge that:-
2.1 You are required to register your full personal details to include name and address with us and to provide any documents reasonably requested by us to verify your identity. You must also verify that you are over 18 years of age.
2.2 All bids and purchases shall be subject to these terms and conditions.
2.3 We, the Auctioneer act as agent only.
2.4 You shall be deemed to act as principal. Accordingly, whether you are acting as agent or representative or officer or director of a company or another in any other capacity you will be personally liable for payment of the Total Price.
2.5 The highest bidder accepted by the Auctioneer at the end of the auction shall be the purchaser and any dispute about the identity of the highest bidder or purchaser or bid shall be settled at the Auctioneer’s sole discretion acting reasonably.
2.6 In completing the registration details with us and if requested, providing your debit card details you:-
2.6.1 authorise us the Auctioneers, at our discretion, to charge the debit card given in part or full payment for the total amount due for a lot successfully purchased by you; and
2.6.2 confirm that you are authorised to provide the card details to us.
3. Value Added Tax
All purchased lots are subject to the addition of VAT on the price at the then current rate unless goods are sold as part of the Auctioneering Margin Scheme.
4.1 A successful purchaser shall pay the Total Price in full strictly within the time specified in the auction or by the Auctioneer (of which time is of the essence).
4.2 All bids for lots are made in UK Pounds Sterling (GBP). All payments of any nature whatsoever due under these terms and conditions are to be made in UK Pounds Sterling.
4.3 No lots may be removed or collected from the Auctioneer or its premises until the Total Price has been paid to the Auctioneer by cleared funds or bankers draft.
4.4 Payment can be made by debit card, direct bank transfer, banker’s draft or any other method which has first been approved by us. Payments made in cash will be subject to a 1% surcharge. Payments by credit card will be subject to a 3% surcharge.
4.5 Any payments made by you to us may be applied by us towards any sums owing by you to us on any account whatsoever regardless of any instruction or direction from you or your agent.
5. Description and condition
5.1 All lots are sold as they stand at the point of sale with all and any faults, damage or other defects present. The Sale of Goods Act 1979 (as amended) does not apply to any lots or goods sold by the Auctioneers.
5.2 You shall be deemed to have inspected the lot you have bid for and be bidding in full knowledge of any and all faults, damage or defects. If you bid without having previously inspected the lot then you shall do so at your own risk.
5.3 No representations made by us (if any) prior to or at the time of sale of any lot shall be deemed to have induced you to bid or be incorporated in any sale. The sale contract shall contain no implied terms or warranty as to the quality or fitness of the lots and any such warranties are expressly excluded.
5.4 While every care is taken to ensure that any description is accurate, any such description or illustration of a lot is purely for information only and we strongly recommend viewing the items in all cases. The purchaser cannot rely on such illustrations or descriptions as being accurate and we give no warranty in that regard.
6. Terms of bidding
6.1 The purchaser acknowledges that bids are made and the lots are sold subject to these terms and conditions and any other terms and conditions which are notified by us to you prior to the contract.
6.2 The Auctioneer acts as agent only and shall have no liability whatsoever to either the vendor or the purchaser for any act or default by the purchaser or vendor. Accordingly we shall incur no liability whatsoever arising from any sale whether in contract, tort, statute or otherwise.
6.3 We shall make all reasonable efforts to provide and maintain the online web auction service. However the Auctioneer shall not be held responsible for any interruption, suspension, cancellation or disturbance to the service provided or the website. Accordingly we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.
6.4 The Auctioneer reserves the right to amend, cancel or postpone any online auction or an online service at any time either with or without prior notice.
6.5 The Auctioneer reserve the right to withdraw, amend or consolidate any lot either with or without prior notice.
6.6 The Auctioneer reserves the right to reject, suspend, postpone, or ban any person from registering or bidding in any online auction at any time either with or without prior notice. Such decision is made at the sole discretion of the Auctioneer and we shall not be held responsible whether in contract, tort, statute or otherwise for any loss occurring as a result.
6.7 We shall incur no liability pursuant to the Health and Safety Act 1974 (whether by section 6 or otherwise). Accordingly the purchaser undertakes to take such reasonable and practical steps as such as are sufficient to ensure that this purchase will be safe and without risk to health and safety when properly used.
7. Warranty of title and availability
The seller has confirmed to the Auctioneer that it is the true owner of the property contained in the lot or is authorised by the true owner to offer the lot for sale and is able to transfer good and marketable title to the property free from any third party claims. If any third party claim arises, or title to any the lot or part of it is claimed by a party other than the seller prior to its collection by the purchaser the Auctioneer reserves the right to rescind the sale.
8. Collection of the goods
8.1 No lot or goods purchased can be claimed, collected or removed until the Total Price has been paid.
8.2 The lots will be held by us at the purchaser’s risk immediately from the time of purchase.
8.3 You shall at your own risk and expense collect and remove all lots purchased, after payment of the Total Price, strictly within the time limit specified by us (of which time is to be of the essence). If you fail to remove the goods within the specified time us we can proceed under clause 9 below.
8.4 All items are to be removed at the purchaser’s expense and risk. The purchaser and their agents shall be liable for all and every damage, loss, expense or other charge which relates to or arises from the removal of the lot. Where the removal of the lot requires the disconnection from a main electricity, gas, or water supply this service shall only be undertaken by a fully qualified tradesman who is first approved by the Auctioneer.
8.5 The method proposed for removing any lots must first be approved by the Auctioneer. A failure to obtain such approval will result in the purchaser and/or their contractors being refused entry to the premises to collect the goods.
9. Remedies for non-payment or failure to collect the purchase
9.1 If the Total Price for any lot is not paid in full or the lot removed strictly in accordance with these terms and conditions or there is any other breach of these terms and conditions we as agent for the seller and on our own behalf shall at our absolute discretion and without prejudice to any other rights we may have be entitled to exercise may:
9.1.1 to proceed with a claim against you for damages for breach of contract.
9.1.2 to rescind the sale for that lot and/or any other lots sold to you.
9.1.3 To resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the Total Price after crediting the monies received on the resale and adding any costs or charges incurred in the resale. Any surplus arising on a resale shall belong solely to the seller.
9.1.4 To remove, store and insure the lot at your expense either at our premises or elsewhere.
9.1.5 To charge interest at a rate of 8% over Barclays Bank standard base rate on the Total Price until the total amount due is paid.
9.1.6 For General Auctions a charge a late collection fee of up to £5 per item per day if the lot is collected on an alternative date to the specified one. For on-site auctions the cost of a member of staff per hour is required.
10. General terms
10.1 Any special terms which are stated in the description of a particular lot shall be deemed as being interpreted into these standard terms and conditions.
10.2 Any notice to any buyer, seller, bidder or viewer may be given in writing by handing the same to them, by first class mail or email and will be deemed to have been received (in cases which they have not been personally handed to the party) 48 hours after posting or sending the email.
10.3 Where the auctioneer conducts a sale on behalf of a vendor who acts as administrator or liquidator of a limited company or trustee in bankruptcy of an individual or such similar office the purchaser further acknowledges that:-
10.3.1 The vendor acts only as agent on behalf of the company or bankrupt and shall incur no personal liability in respect of the sale of any lot whether such liability arises under contract, tort statute or otherwise.
10.3.2 The vendor or the auctioneer on their behalf only transfers such right, title or interest the company or bankrupt may have in such lot.
10.3.3 In the event of a third party proving to have superior title or right or to custody or possession of any lot the vendor may rescind the contract of sale and upon the return of any deposit and/or purchase price to the purchaser neither the vendor nor the auctioneer shall have any further liability to the purchaser.
10.4 Any claim or dispute arising in or in connection with any auction or these terms and conditions shall be governed by the laws of England and Wales.