General Terms and Conditions
Persons attend Auctions at their own risk and neither the vendor nor the Auctioneer 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.The following special conditions of sale together with the Important Notice to bidders and the usual conditions of sale on display at the Auctions Pay / Enquiry Office 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:-
1. The selling Agents are not bound to accept any offer / bid.
2. All lots must be paid for on the day of sale or by the designated date in the Important Notes and must be removed no later than the time specified in the Important Notes.
3. In the event of any lots not being paid for or not being removed within the period allowed the Auctioneer shall immediately thereafter be at liberty to rescind the contract and without notice to the purchaser 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 purchaser by the vendor.
4. The risk in each lot shall pass to the purchaser following notification of his successful bid but the ownership of each lot shall remain vested in the vendor and the purchaser 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.
5. The purchaser 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.
6. The purchaser 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 purchaser, his employees or agents.
7. 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 purchaser.
8. Neither the vendor not the Auctioneer shall be under any liability pursuant to section 6 of the Health and Safety Act 1974 and the purchasers attention is drawn to the undertaking given on each buyers slip at the sale by which the purchaser 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.
9. The lots are sold as seen/as they lie with all faults and errors or mis-statement of description, measurement, weight, quantity, quality, numbered or otherwise (whether of substantial nature or not). The purchaser 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 purchaser to bid therefore the 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.
10. 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 Bankrupt and shall be under no personalliability 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 or interest the Company or 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 purchasers neither the vendor not the Auctioneer shall be under any further liability to the purchaser.
d) The Auctioneer shall be the sole arbitrator of any dispute, and reserves the right to reject any and all bids. The Auctioneer 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 Auctioneer shall have the final decision on that sale. In the case of an online auction the sole arbitrator of any dispute shall be John Pye & Sons Head Auctioneer or Principle Auctioneer
Buyers Premium: A Buyers Premium of 15% to 20% is incurred on the hammer price on all lots unless stated otherwise.
Value added tax: All lots are subject to the addition of VAT on the total unless stated otherwise.
Lot Descriptions: 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.
Purchasers 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
Online Auctions / 3 Minute Rule: Our auction website operates 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 lots closing time wil
automatically increase by an additional 3 minutes and so on until no further bids are placed. This feature is to rule out 'sniper' bidding at the end of auctions.
Terms of participation and purchase of vehicles by auction
1.1
The definitions in this clause apply to these
Terms:
“Bid Slip” means the slip to be completed by a potential
buyer prior to participating in an auction in conjunction with Registration.
“Buyer” shall mean the
maker of the highest bid accepted by JOHN PYE & SONS whether on the fall of
the hammer (when the Hammer Price is achieved) or by private treaty sale.
“Buyer Premium” refers to the premium of between 15% to 20% (as specified in the Important
Notes) which is incurred on the Hammer Price of all lots unless stated
otherwise.
“Contract” means the contract for purchase formed between the
Buyer and the Seller once the Hammer Price has been achieved.
“Defaulter’s Entry Fee” means the fee of £130 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 JOHN PYE & SONS.
“Deposit” means the deposit paid by the potential buyer upon
Registration of either £200 or £500 as notified by JOHN PYE & SONS in the
Important Notes.
“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 Buyer 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.
“JOHN PYE & SONS” means John
Pye and Sons Limited including but not limited to JOHN PYE & SONS who have
the conduct of auctions from the rostrum and/or any other authorised
representative thereof.
“Hammer Price” shall mean the highest bid
accepted by JOHN PYE & SONS including any VAT that may be included therein.
“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 JOHN PYE & SONS are stored.
“Registration” means all or any one
of the following as appropriate:
(i)
the
payment of the Deposit electronically, or as otherwise notified by JOHN PYE
& SONS in the relevant Important Notes; and
(ii)
the
presentation of 2 forms of identification acceptable to JOHN PYE & SONS;
and
(iii)
the
completion and submission of the Bid Slip.
“Seller” includes any prospective
seller save where the context otherwise requires.
“VAT” means Value Added Tax.
“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.
“Working
Day” means any day that JOHN PYE & SONS is open to the public for
business.
1.2
Headings do not affect the interpretation of these
Terms.
1.3
The headings of the Terms do not form part of the
Terms.
1.4
Save in the context of any online auctions held by
JOHN PYE & SONS where reference to writing will include reference to email,
writing or written does not include faxes and e-mail unless otherwise notified
by JOHN PYE & SONS.
1.5
If any of these Terms are inconsistent with any
term of the Important Notes, the Important Notes shall prevail.
1.6
Reference to a ‘lot’ or ‘lots’ under these Terms
is a general reference in respect of the auction of Vehicles only.
1.7
All Vehicle entries, sale and purchases of
Vehicles whether at a public auction or via an online auction are subject to
these Terms.
1.8
All Buyers and Sellers acknowledge and agree that these
Terms are binding upon them, and by the Buyers completing Registration, and
JOHN PYE & SONS accepting the Sellers’ Vehicle(s) for auction, these Terms
are deemed accepted and incorporated into all dealings as between the relevant parties.
2.1 JOHN PYE & SONS sell as agents for the Seller and as such are not responsible for any default by Seller.
2.2
Unless otherwise agreed by JOHN PYE & SONS in
writing, a Vehicle shall not be deemed accepted into any auction unless and
until the Seller has produced:-
2.2.1
the Vehicle;
2.2.2
the Form V5;
2.2.3
any required entry fee as specified by JOHN PYE & SONS (for the
avoidance of doubt, JOHN PYE & SONS 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 seller and JOHN PYE & SONS 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 JOHN PYE
& SONS), then JOHN PYE & SONS will be entitled to charge the Defaulters
Entry Fee each time the same Vehicle is re-entered for auction);
2.2.4
the keys of the Vehicle;
2.2.5
all other certificates pertaining to the Vehicle which the Seller is
reasonably able to produce upon request; and
2.2.6
the service history if available.
2.3
Unless otherwise agreed, notwithstanding the
production of the items listed in clause 2.2 above, JOHN PYE & SONS has the
right to refuse entry of any Vehicle into auction, and to set the entry fee at
a reasonable amount deemed appropriate by JOHN PYE & SONS.
2.4
The Seller warrants to JOHN PYE & SONS and to
the Buyer that:
2.4.1
the Seller is the true owner of the Vehicle and is properly authorised
to sell the Vehicle by the true owner;
2.4.2
the Seller is able to transfer a good and marketable title to the Vehicle
free from any third party claims;
2.4.3
the Vehicle bears the proper chassis number and registration marks; and
2.4.4
every representation made by the Seller (in any form) about the Vehicle
is wholly accurate and informed, and the Seller acknowledges that such
representations will be relied upon by JOHN PYE & SONS and the Buyer.
2.5
The Seller will indemnify JOHN PYE & SONS, 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 2.4 above on
the part of the Seller.
2.6
Save where otherwise agreed, JOHN PYE & SONS
shall remit the proceeds of the sale to the Seller not later than one month
after the auction and following the relevant deductions.
2.7
Where a Seller cancels instructions for sale of a
Vehicle, JOHN PYE & SONS reserves the right to charge the Defaulter’s Entry
Fee plus 5% of JOHN PYE & SONS then latest estimate of the auction price of
the Vehicle withdrawn (plus VAT where applicable).
2.8
Where any Vehicle fails to sell, JOHN PYE &
SONS will notify the Seller accordingly. The Seller will make arrangements
either to re-offer the Vehicle lot for auction or to collect the Vehicle, and if
such arrangements are not made:
2.8.1 Within 2 Working Days of notification, the Seller will be responsible for any removal, storage and insurance expenses of the Vehicle as notified by JOHN PYE & SONS; and
2.8.2 Within 4 days Working Days of notification, JOHN PYE & SONS will have the right to sell the Vehicle at public auction without reserve and to deduct from the Hammer Price any sum owing to JOHN PYE & SONS 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 Seller.2.8.1
3.
Basis
of
3.1
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. Buyers 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
JOHN PYE & SONS, their servants or agents will be responsible for errors of
description or for the genuineness or authenticity of any Vehicle.
3.2
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 JOHN PYE
& SONS, their servants or agents or by any Seller 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.
3.3
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
3.4
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.
3.5
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 JOHN PYE & SONS as to the safe removal of the Vehicle(s) and in giving
due care to other lots on the Premises and the Premises itself.
3.6
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 Seller, the mileage of the Vehicle shall be
taken into account; and, when a Vehicle is described by JOHN PYE & SONS 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.
3.7
These Terms shall become binding on the Seller and
Buyer respectively when:
3.6.1
The Seller’s Vehicle is accepted by JOHN PYE & SONS to be
considered for auction; and
3.6.2
The Buyer completes Registration.
3.8
JOHN PYE & SONS 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 Sellers will be subject to the policies and terms in
force at the time these Terms become binding in accordance with clause 3.6
above.
4.
Risk
and Title
4.1
The title in the Vehicle shall not pass to the Buyer
until the Hammer Price and the Buyer Premium have been paid to JOHN PYE &
SONS (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 7.1 below, JOHN PYE & SONS reserves the right to dispose
of the Vehicle in accordance with clause 2.8 above.
4.2
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 Seller (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 Seller, and neither JOHN PYE & SONS nor its servants or
agents will be responsible for any loss or damage whether caused by negligence
or otherwise.
4.3
From the time when a Hammer Price is reached in
respect of a Vehicle, a Vehicle is deemed sold, and notwithstanding clause 4.1
above, it is at the risk of the Buyer from that point onwards.
5.
Conduct
of the Auction
5.1
Without prejudice to any other of their rights set
out in these Terms, JOHN PYE & SONS 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. JOHN PYE & SONS is not bound to accept any
offer.
5.2
Potential buyers wishing to participate in an
auction must first:
5.2.1
view all lots; and
5.2.2
Complete Registration (including the payment of the Deposit),
before they will be admitted to participate in any auction.
5.3
The contract of sale between the Seller 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 4.1 above.
5.4
For the avoidance of doubt, the parties to the
contract of sale of the Vehicle are the Buyer and the Seller. JOHN PYE &
SONS is not a party to the contract of sale and is not liable for any breach thereof
by either the Buyer or the Seller.
5.5
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.
5.6
Immediately after the achievement of the Hammer Price
the terms of clause 6 below shall apply.
5.7
If a potential buyer is unsuccessful in achieving
the Hammer Price, they may recover their Deposit from JOHN PYE & SONS or,
they may request in writing that JOHN PYE & SONS keep the Deposit against
future auctions which the potential buyer may participate in, and make them a
registered ‘regular customer’ of JOHN PYE & SONS provided they adhere to
bi-annual requests for identification.
5.8
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 JOHN PYE & SONS for decision. For the avoidance
of doubt, JOHN PYE & SONS 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, JOHN
PYE & SONS’ decision in respect of any such dispute (for which no
justification or reasons shall be required) will be final.
5.9
In the event that JOHN PYE & SONS exercises
the discretion to cancel the contract referred to at clause 5.3 above, 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 under
the original contract.
5.10
Every bidder shall be deemed to act as principal
unless there is in force a written acknowledgment by JOHN PYE & SONS that
he acts as agent on behalf of a named principal.
5.11
JOHN PYE & SONS shall not in any circumstances
be obliged to announce any reserve price.
5.12
JOHN PYE & SONS reserves the right to turn
away any potential sellers and/or buyers who do not present appropriate
identification upon reasonable request.
5.13
Persons attend auctions at their own risk and
neither the Seller nor JOHN PYE & SONS 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.
5.14
Where JOHN PYE & SONS conducts a sale on
behalf of a Seller who is either a receiver or liquidator of a limited company
or trustee in bankruptcy:-
5.13.1
The Seller and JOHN PYE & SONS on their behalf only sell whatsoever
right, title or interest the company or bankrupt may have in any lot;
5.13.2
In the event of a third party proving to have a superior title or right
to custody or possession of any Vehicle JOHN PYE & SONS may rescind the
contract of sale and upon return of any Deposit and/or Hammer Price to the Buyer,
neither the Seller not JOHN PYE & SONS shall be under any further liability
to the Buyer.
5.15
JOHN PYE & SONS shall have the right, at its
discretion, to refuse admission to the Premises or attendance at the auctions
by any person.
5.16
The Important Notes will be made available to potential
buyers on JOHN PYE & SONS website, in the relevant catalogue, on request,
and will be on display at the Premises.
6.1
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 JOHN PYE & SONS and pay the
Hammer Price (plus VAT where relevant), and the Buyer Premium (plus VAT where
applicable). If the Buyer fails to do so by 5 pm on the next Working Day, or
such other time as is specified in the Important Notes, JOHN PYE & SONS
shall have an absolute discretion to cancel the contract of sale, to retain the
Deposit, and the terms of clause 8.1 below will apply.
6.2
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
CHAPS, Bankers Draft, Debit Cards, or as otherwise specified in the Important
Notes or directly by JOHN PYE & SONS. All queries in relation to methods of payment must be made to JOHN PYE
& SONS accounts department and unless otherwise agreed by JOHN PYE &
SONS, 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.
6.3
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 JOHN PYE & SONS.
6.4
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.
6.5
Bankers Drafts can only be accepted for payment up
to 4.00pm, Monday to Thursday - after this time collection will be
deferred to the next Working Day.
6.6
All lots are sold exclusive of VAT which will be
added to the Hammer Price at the prevailing rate (if applicable).
6.7
All lots must be paid for in accordance with
clause 6.1 above, and must be removed no later than the time specified in the
Important Notes.
6.8
The Important Notes will set out:
6.8.1
the Health & Safety policies;
6.8.2
viewing times;
6.8.3
payment details;
6.8.4
collection times;
6.8.5
the amount of commission (if any) which will be payable by the Seller
as a percentage of the Hammer Price;
6.8.6
the amount of the Buyer Premium (as defined below in clause 6.9);
6.8.7
any service charges;
6.8.8
VAT payable (if any);
6.8.9
Registration details;
6.8.10
location details; and
6.8.11
specific detail relating to the particular auction.
6.9
JOHN PYE & SONS will charge a “Buyer Premium” on
all lots on the purchase price of the Vehicle plus VAT. The Buyer 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.
6.10
JOHN PYE & SONS is 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
Seller.
6.11
Without prejudice to any other rights of JOHN PYE
& SONS under these Terms in respect of the charging of commission, entry
fees, Buyer Premium, and any other relevant fees, JOHN PYE & SONS will be
entitled to charge the commission and Buyer Premium in all cases including but
not limited to:
6.12.1
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 JOHN
PYE & SONS);
6.12.2
if the Vehicle is sold (or re-sold) by way of private sale on the
Premises;
6.12.3
if the Vehicle is re-sold further to the default of the Buyer, or the
Seller;
6.12.4
if the Seller becomes the Buyer.
6.12
Without prejudice to any of JOHN PYE & SONS’
rights under these Terms, for the avoidance of doubt:
6.13.1
JOHN PYE & SONS will not be under any obligation to pay any monies
to the Seller following the auction until such time as the Buyer remits all
monies due in accordance with this clause 6; and
6.13.2
JOHN PYE & SONS will be entitled to deduct from any payment due to
the Seller, any amounts owed by the Seller to JOHN PYE & SONS which JOHN
PYE & SONS has obtained prior consent from the Seller to so deduct.
7.1
The Buyer shall at his own expense and risk take
away the Vehicle(s) purchased not later than 5pm 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 JOHN PYE & SONS in accordance with clause 6 above). If the Buyer fails to do so, the provisions
of clause 8.2 below will apply.
7.2
The Buyer shall fully indemnify and keep
indemnified JOHN PYE & SONS 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.
7.3
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, JOHN PYE & SONS against any
such liability whether or not such injury and/or death was caused by the
negligence of the Buyer, his employees or agents.
7.4
In accordance with clause 4.3 above, the Buyer
will be responsible for loss or damage to the Vehicles purchased from notification
of successful bid and neither JOHN PYE & SONS 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.
7.5
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.
7.6
If required to do so by JOHN PYE & SONS the Buyer
will provide a written undertaking (in a form acceptable to JOHN PYE & SONS)
to comply with all duties and obligations in respect of the vehicle by the Road
Traffic Act 1988, 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. JOHN PYE & SONS may cancel the contract
the contract of sale if the Buyer fails to provide such an undertaking upon
request. In this event, JOHN PYE & SONS will be entitled to re-auction the
Vehicle at any time.
7.7
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 JOHN PYE & SONS may
desire or shall pay the estimated cost of doing so to be fixed by JOHN PYE
& SONS whose decision shall be binding on the Buyer.
7.8
Neither the Seller nor JOHN PYE & SONS 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 Bid Slip 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.
8.
Buyer’s
Default
8.1
If the Buyer does not honour it’s obligations for
payment under clause 6 above in any way, JOHN PYE & SONS as agents of the
Seller 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:
8.1.1
to rescind the contract for sale of the Vehicle (or any other Vehicle)
sold to the defaulting Buyer at the auction; and
8.1.2
to retain the Deposit and to pursue the Buyer directly for all monies
owed including damages for breach of contract; or
8.1.3
to enter the Vehicle in question to be re-sold at public auction or
private sale, the defaulting Buyer will then pay to JOHN PYE & SONS any
resulting deficiency in the purchase price at the first auction after deduction
of any part payment and addition of resale costs;
8.1.4
to remove, store (either at the Premises or elsewhere) and insure the
Vehicle at the expense of the defaulting Buyer;
8.1.5
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;
8.1.6
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;
8.1.7
to reject or ignore any bids made by or on behalf of the defaulting Buyer
at any future auction;
8.1.8
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 JOHN PYE
& SONS possession for any purpose.
8.2
If the Buyer fails to remove the Vehicle from the
Premises as required under clause 7.1 above (and such failure to remove the
Vehicle is not due to a fault of JOHN PYE & SONS) JOHN PYE & SONS will
have the right to:
8.2.1
re-enter the Vehicle into
auction and charge the Defaulter’s Entry Fee to the Buyer;
8.2.2
charge a one-off administration fee of £50 (plus VAT if applicable);
8.2.3
move the Vehicle (at the risk of the Buyer provided that JOHN PYE &
SONS will use reasonable care and skill in such a move) to another Premises
from that where the Buyer purchased the Vehicle; and
8.2.4
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 £21 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 JOHN PYE & SONS (and for the avoidance of
doubt, JOHN PYE & SONS will deduct such charge from the Deposit).
8.3
When a Vehicle is re-auctioned pursuant to clause 8.1
or 8.2 or otherwise in accordance with these Terms as deemed appropriate by JOHN
PYE & SONS, the proceeds of such re-sale will be applied in the following
manner (for the avoidance of doubt, JOHN PYE & SONS will only be able to apply
the Deposit as against the costs listed below if the re-sale is occurring
further to clause 8.1, and in the case of a re-sale occurring further to clause
8.2, the Deposit will first be applied as against the costs listed below,
followed by the proceeds of the re-sale)
8.3.1 the Defaulters Entry Fee on the re-sale which will be charged to the Buyer;
8.3.2 any outstanding storage fees, removal fees, and insurance expenses due;
8.3.3 any sums due under the original contract following the first auctions
(together with any VAT chargeable).
8.4
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 Seller or, where the Seller's rights have
been transferred to JOHN PYE & SONS, shall be retained by JOHN PYE &
SONS. The original Buyer will remain liable to JOHN PYE & SONS and/or the
Seller subsequent to the re-sale, save where the proceeds of the re-sale have
discharged such liability.
8.5
For the avoidance of doubt, nothing in these Terms
limits JOHN PYE & SONS’ liability, nor, where applicable, the liability of
the Buyer or Seller 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.
9.1
JOHN PYE & SONS will only use the personal
information provided to them to provide the auction services, or to inform Buyers
and Seller about similar services which they
provide, unless told by such parties that they do not want to receive this
information by ticking the ‘opt out’ box on the Bid Slip, or by ticking the
relevant box on the relevant web page.
9.2
The Buyers and Sellers acknowledge and agree that JOHN
PYE & SONS may pass their details to credit reference agencies.
9.3
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.
9.4
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 Seller needs access
to Personal Data relating to its sale of the Vehicle, then JOHN PYE & SONS
shall be the Data Controller and the Buyer (and/or Seller) shall be the Data
Processor in respect of such Personal Data.
9.5
JOHN PYE & SONS shall:
9.6
only process Personal Data relating to its
management (or otherwise) of the auction in accordance with the regulations of
the Data Protection Act;
9.7
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;
9.8
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
9.9
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.
10.1
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.
10.2
If or to the extent that any of these Terms (as
amended from time to time in writing by JOHN PYE & SONS) 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.
10.3
If JOHN PYE & SONS fails, at any time while
these Terms are in force, to insist that the Seller and/or Buyer perform their
obligations under these Terms, or if JOHN PYE & SONS does not exercise any
of its rights or remedies under these Terms, that will not mean that JOHN PYE
& SONS has waived such rights or remedies and will not mean that the Seller
and/or Buyer does not have to comply with those obligations. If JOHN PYE &
SONS do waive a default by the Seller and/or Buyer that will not mean that JOHN
PYE & SONS will automatically waive any subsequent default by the Seller
and/or Buyer. No waiver by JOHN PYE & SONS of any of these Terms shall be
effective unless JOHN PYE & SONS expressly says that it is a waiver and JOHN
PYE & SONS tell the Buyer and Seller so in writing.
10.4
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.
10.5
These Terms shall be governed by English law and JOHN
PYE & SONS, the Seller and the Buyer all agree to the exclusive
jurisdiction of the English courts.
11.
Online terms of participation and
11.1
Subject to the following clauses which have
precedence over the Terms above, the provisions of all Terms above apply to the
sale of Vehicles made through www.johnpye.co.uk (the “Website”), 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.
11.2
All participants in the Website 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.
11.3
Provision 5.5 of the Terms shall apply to the
extent that it is not in conflict with any online grading system or other description
provided by JOHN PYE & SONS through the Website.
11.4
Any reference in the above Terms to the Buyer
Premium will also, for the purposes of sale/purchases over the Website, include
any online Buyer’s fees of which the Buyer will be so notified at the time of
Registration.
11.5
The Website operates a ‘3 minute
rule’ which means that any person who bids on-line within the last 3
minutes of a specific lot closing time will instigate the automatic
extension of the lot closing time by an additional 3 minutes and so on for
any such subsequent bids.
E-mail: info@johnpye.co.uk