These standard terms and conditions set out the contract terms between a vendor and purchaser of goods. As auctioneer, we are not party to the contract. They explain your rights and obligations. You will be deemed to have accepted and be bound by these Terms and Conditions when you click “I have read and accept the Auctioneer’s Terms and Conditions” on the auction website and accept them as fair and reasonable.
All lots purchased, whether sold at a physical or on-line auction or sold directly by private treaty, will be governed by these terms and conditions and enforced in accordance with the laws of England.
We provide the services of online auctions for wholesale clearance and bankrupt stock subject to these Terms (which can only be varied in writing where signed by a Director of the Company). These Terms will apply to any contract between us for the sale of Items to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before bidding on any Items. Please note that before placing a bid you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to bid on any Items from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We reserve the right to amend these Terms from time to time as set out in clause 9. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.
We do not guarantee that the website, or any content within it, will be free from errors or omissions.
The Buyer acknowledges that this is a ‘trade only’ auction sale where bidders may be on-line or in person and as such is NOT a consumer sale for the purposes of the Consumer Rights Act 2015 which replaced the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Terms in Consumer Contracts Regulations 1977/1999 and the Buyer shall not seek to rely upon any conditions or warranties implied thereby.
Registration is only available to bidders over 18 years of age as subsequent bidding creates a legally binding contract.
All bidders will register their details, including full name, business name, address, contact land line and mobile telephone numbers, email address, vat number (where applicable) and Company registered number (where applicable). We cannot normally change the bidder’s details on the invoice and if so requested there is a one-off £10 plus vat charge to cover the extra administration costs incurred.
It is agreed that the bidder’s details may be added to our mailing list for the purpose of informing the bidder of future auctions that may be of interest to him/her.
All overseas bidders and any bidder unknown to us, or if so requested, will deposit the refundable sum of £500 into our business account, as above, held against any potential non-performance or until a satisfactory record of trading is established.
By bidding, the bidder acknowledges he/she accepts these Terms & Conditions as fair and reasonable and expects them to be fully recognised by the Courts.
The Buyer acknowledges that this is a ‘trade only’ Auction sale where bidders may be on-line or in person and as such is NOT a consumer sale for the purposes of the Consumer Rights Act 2015 which replaced the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act Regulations 1977 / 1999 and the Buyer shall not seek to rely upon any conditions or warranties implied thereby.
It is acknowledged that any bidder is bidding as a principal, acting by way of trade, not a private individual, either personally or on behalf of an authorised by a legal entity (i.e. limited liability company, partnership or group) unless specifically otherwise agreed in writing with us.
You have a duty of care to protect your login and password details. To be clear, it is not possible for another person to simply ‘hack’ your account, due to the high level of security of the on-line system. If you do allow another person, family member, visitor, employee, colleague etc., knowingly, carelessly or otherwise, access to your login and passwords, card details and contact number – you will be liable for any and all bids made.
The buyer acknowledges he is not relying on any warranties or representations made by the vendor or the Auctioneer or any of their employees, agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the lots are expressly excluded and without limitation any warranties and conditions as to title, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law. Neither the vendor nor the Company shall in any circumstances be liable to or to compensate the buyer nor shall the buyer be entitled to rescind the sale or reject any lot for an error omission or misstatement contained in the catalogue.
Some vehicles/lots are either pre-owned, salvage, part-exchange, repossessed, ex-finance, seized vehicles and from liquidations and insolvencies, hence there can be no refunds or discounts offered under any circumstances. Your bid is your legal commitment to purchase.
No warranty is offered or implied. You are recommended to view any items up for auction.
All bids are valid, even if at the time of placing it, the reserve is not met, as we always submit the highest bid to the vendor during the auction and they may agree to accept the bid. Vendors regularly ask us to reduce/remove the reserves towards the end of the auction and put lots ‘on sale’. Remember when placing a bid you are bidding to buy. Occasionally we may find it necessary to remove a bid (as we may have recognised the bidder as a previous defaulter for example). In this case you will be emailed prior to the end of the auction that you are the current highest bidder. The highest bidder will be notified of any lowered reserve via email during the sale or with 24 hours of the conclusion of the sale.
Our on-line auction sale may use `auto bid extension`. If a bid is placed with less than 10 minutes remaining, that lot end time automatically extends by a further 5 or 10 minutes. This will keep occurring until there is a 10 minute period with no bids.
A sale is concluded at the fall of the hammer or in the case of an on-line auction, the time-out or in the case of a private treaty or tender, when the bid is accepted by the Auctioneer, confirmed in writing by way of email of the Company’s invoice. The buyer acknowledges and agrees that he has entered into a legally binding contract of sale with the vendor to buy the lot and the buyer is legally obliged to purchase the lot. The Buyer shall, by the following working day, be sent an invoice by email in respect of the monies due for the lot(s) purchased. This is due for settlement by the next business day. If you are unable to do this please do not bid.
Details on the lot may change due to new information received during the course of the auction and it is the bidder’s responsibility to check the detail of the lot prior to bidding.
No bid may be cancelled or withdrawn. The auctioneer does not have to accept the highest bid and all bids are due to approval and acceptance by the vendor.
The company may sell any lot by private treaty or tender before or after the auction.
Risk of damage to or loss of the lot passes to the buyer immediately upon the conclusion of the sale.
We have no liability to guarantee your continuous internet access to the website and encourage bidders to place their bids early rather than waiting until the last seconds of the lot.
This is not a consumer auction, by clicking the box to accept our terms and conditions you are also confirming that you are bidding by way of trade and not a consumer. The Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) does not apply to this auction.
The vendor is entitled to change/remove any reserve price at any time before the conclusion of the sale. Vendors regularly ask us to reduce/remove the reserves towards the end of the auction and put items ‘on sale’.
The highest bidder at that time will receive a short email to that effect, which supersedes a previous automated ‘reserve not met’ style email.
The vendor, his agent or the auctioneer may bid on any lot up to the reserve price.
The auctioneer, the company and/or the Vendor is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.
Misrepresentation Act 1967
No person in the employment of W Gaines Limited has any authority to make or give any representation or warranty whatever in relation to this property.
All lots are offered “as is, where is”, subject to not being sold or withdrawn and without any express or implied warrantee, are not represented to be in a roadworthy condition, mechanically sound or maintained in any particular condition whatsoever. Lots may not be fit for purpose and may require substantial repairs at the buyer’s expense. The lots may not be of satisfactory quality.
You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding lots whether provided in written, verbal or digital image form. Lot information is provided for convenience only. You agree that you will not rely on lot information in deciding whether or how much to bid on any lot. Lot information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. The lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the lot information prior to deciding to bid and how much you wish to bid on any lot. By bidding you have agreed that we have provided sufficient details for you to make an informed choice when bidding. You agree you have bid accordingly.
You should not accept that the odometer reading is correct. We will attempt to verify mileages however, even if marked ‘verified’, that will be only verified by the information that is available at the time of listing and is given as a guide, not a warrantee. No odometer readings are warranted unless stated “warranted” in the lot details.
Each bidder will have a different expectation of the condition of any pre-used lot – particularly a used vehicle. All vehicles are therefore photographed with multiple hi-resolution photographs which are able to be enlarged to full screen. No claims whatsoever will be entertained if, as a direct result of the failure of the bidder to examine the photographs, lots are found to have defects that would have been clear had the bidder properly examined the photographs on screen.
Any damage that does not impact on the safety or operability of the vehicle including cosmetic damage, such as minor/repairable dents, scuffs, broken/cracked glass or plastics, paint or external surface rust is assumed, commensurate with vehicle mileage, age and use.
All commercial vehicles over 6 years old or with an odometer reading over 100,000 miles or a non-verified mileage are automatically “sold as seen”. In this instance, no complaints can be entertained from the buyer for whatever reason unless the buyer has previously viewed the vehicle prior to auction end.
Lot details are provided in good faith, with information available at the time of listing and are not to be read as a statement or representations of fact, but as a general guide, they may be revised at any time prior to conclusion of the auction with new information that has come to our attention. It is a contractual obligation that bidders make their own investigations where dimensions, mileages, hours, condition or authenticity are critical.
We do not conduct “hpi” type checks any vehicle, however we guarantee to sell all lots free of any financial encumbrance or lien. Buyers may request that we carry out an Hpi check on their behalf at a pre-paid cost of £15 plus vat per check, not less than 24 hrs prior to the conclusion of the auction.
Viewing is available and encouraged on all lots by prior appointment. The Buyer agrees he/she has been given every opportunity which might reasonably be expected to examine and inspect the Lots. The exact condition and functionality of a lot is therefore assumed to be confirmed by the bidder, prior to bidding. Viewing is entirely at bidders own risk. We cannot be held liable for any damage or omissions that could have been discovered had you made a reasonable inspection of the vehicle. No allowances of any description whatsoever will be made in the event of problems as a result of failure to view – it is our strong advice not to bid on anything at all if you have not viewed to your satisfaction first – our descriptions and photos are insufficient to rely wholly upon for the purposes of bidding.
All lots are sold as requires some attention and not necessarily fit for any purpose. By bidding it is acknowledged that the bidder has allowed for all risks envisaged within these terms and conditions and has bid accordingly.
The mention of condition of any item within the lot details does not imply that they are in full and efficient working order or present at all (e.g. if a vehicle is listed with a CD player, it will not have been tested unless specifically stated).
No bids are retractable. Buyers who do not inspect lots prior to bidding, do so at their own risk.
No vehicle is road tested on your behalf. By bidding you acknowledge the above. We recommend you view any vehicle before you bid and that it be collected with a trailer/transporter.
As is normal practice at auction, all lots are sold “as seen” (or “unseen”), with all of their faults, incompleteness and imperfections and as such are sold unfit for any particular purpose. If you have not inspected the equipment, assume that it does not run, it is in an unsafe state and unfit for immediate use or beyond repair. The bidder relies upon the description at his/her own risk.
The buyer acknowledges that the content displayed on the auction site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of the content on the site.
We shall have no responsibility to check the accuracy of any information provided or made available to us (which includes information listed in catalogues, on-line listings and any other literature in use from time to time) and you rely on all such information at your own risk.
It is for you to satisfy yourself as to the quality, condition and provenance of any goods on the site through your own inspection and enquiries PRIOR TO BIDDING and we shall accept no liability for any information supplied to us (in particular, where we have been dependent and/or reliant on information provided by third parties (e.g. DVLA, VOSA, Hpi etc.) and, for the avoidance of doubt, we do not undertake to check or scrutinise such information).
The web pages may contain technical inaccuracies and typographical errors. Although we make reasonable efforts to update the information on the auction website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date. You agree to use our website at your own risk.
Limitation of Liability
For the avoidance of doubt, we act as agents of the vendor
To the fullest extent permitted by law, the buyer agrees to indemnify and keep indemnified, defend and hold us, the vendor, any Insolvency Practitioner, Administrative Receiver, Administrator and Liquidator acting as agent for the vendor harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT, taxation, duty, charges) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any authorised bidder or your guests or agents, arising from or related to property damage or any other event that occurs on or at any of our premises, collection sites or storage compounds, during collection, loading or transporting including driving the lot away.
As Auctioneer, W Gaines Limited is not a party to the contract and therefore has no liability in that respect. We offer lots for sale and conclude contracts as agents on behalf of vendors. The resulting legal contract is between the buyer and that vendor and we are not responsible for any action or default on the part of the vendor or buyer including but not limited to, loss or damage in contact or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, travel costs, fuel however arising.
Notwithstanding the above, in no event shall our liability to you exceed the hammer price of the lot. Equally, the vendor’s liability to the buyer shall never exceed the hammer price of the lot.
Whilst risk in the goods passes to the buyer at the time of acceptance, all ownership and title in the goods remains with the vendor until it has received the purchase price.
The Auctioneer accepts no liability whatsoever in relation to the Goods whilst left on its premises.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
In the event that the Auctioneer unknowingly sells a lot that was not eligible for sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that sale without any further liability to the Auctioneer and/or Company or the vendor.
The Buyer shall pay the full sum for the lot(s) purchased, as invoiced by email, no later than 16.00hrs on the next business day following receipt of invoice. Upon receipt of payment, if the buyer is to collect the lot(s), the collection details for the lot(s) will be automatically emailed to the buyer. Time is of the essence. All lots shall be at the Buyer`s risk immediately upon the conclusion of the sale.
The reference for payment shall be the invoice number – any other reference will create a delay in processing.
Payment by bank transfer.
Bank details can be found on your invoice for both domestic and international transfers.
Where the buyer has not paid the purchase price, the fees, buyer’s premium and vat by the due date for payment, the auctioneer shall be entitled to charge £10 plus vat per day admin charge and have the right to resell the relevant lots without notice to the buyer. Any charges or losses incurred on any resale of the lots will be payable by the buyer to the auctioneer.
Non payers will be banned across the 3rd party sales platform.
Clearance / Collection of lots
Unless by prior agreement in writing, lots will incur a £10 plus vat storage charge for each day that lot is not collected after 7 days of the auction end. We reserve the right to re-offer uncollected lots to recover costs.
Removal of the lot(s) will be strictly by appointment and entirely at the buyers own cost and risk without liability to the auctioneer or vendor. Collection from location is the Buyer’s responsibility, neither the Company nor the vendor provides a packing/delivery service unless specifically stated in the lot description.
Where the buyer has purchased more than one lot, the auctioneer reserves the right not to allow any lot to be removed from its premises until payment in full has been made in cleared funds in respect of all the lots purchased.
All lots must be cleared without fail by the date displayed on the sale details and on the on-line catalogue, normally 7 days after the auction. Availability of lots is not guaranteed beyond this time.
Buyers or their representatives must arrange collection and removal of each lot in compliance with all relevant legislation, using best industry practice and particularly in the case of a motor vehicle, under the Road Vehicles (Construction and Use) Regulations 1986 (as amended 2003).
Buyers are responsible for the roadworthiness of any vehicle purchased at auction or by private treaty. We have not and will not give a warrantee on the roadworthiness of any lot. We sell on the basis that no vehicle is roadworthy, unless specifically stated. We recommend you view any vehicle before you bid and that it be collected with a trailer.
The buyer or their collection agents shall provide evidence as and when requested by the company of their public liability Insurance policy.
Default by the Buyer
If the buyer fails to arrange collection by the specified date, the vendor may charge the buyer for the reasonable costs of storage at a minimum £10 plus vat per lot per day after 7 clear days following the end of the auction plus part rent, wages and other expenses as a result of buyer non-collection within the specified time table.
If the auctioneer has rescinded the sale due to non-performance by the buyer and the lot has been resold by the auctioneer or by the vendor, the buyer shall reimburse the vendor with any shortfall.
Payable by all buyers, the buyer’s premium is payable in addition to the hammer price and is always subject to vat. The indicated % on the actual listing will be the overriding amount.
As a guide Buyers will pay a Buyer`s premium of 10%- 23% depending on lots.
Any bidder unknown to us, or if so requested, will deposit the refundable sum of £500 into our business account, as above, held against any potential non-performance or until a satisfactory record of trading is established.
Export/European Buyers VAT re-payment
It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
All overseas buyers (EU and non EU) will be charged VAT at the current rate on each Lot purchased.
A European buyer is one that initially registered with their address outside of the UK but within Europe.
PAYMENT TERMS : Full payment by bank transfer must be received in GBP only, BY 16:00HRS ON THE NEXT BUSINESS DAY OF PRO-FORMA INVOICE BEING RECEIVED