Penrith Motor Auction Terms and Conditions September 2020
The following Terms (“Terms”) together with such other terms and conditions as may be set out in any relevant catalogue apply to all sales by Penrith Motor Auction (“PMA”) .
The Terms may be amended by PMA provided it is reasonable for it do so by announcements prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.
PMA acts solely for and in the interests of the Seller. PMA’s duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. PMA does not act for Buyers in this role and does not give advice to Buyers.
“PMA” Penrith Motor Auction is a trading name used by David Hayton Ltd, Registered Address - Hillcrest Garage, Gilwilly Industrial Estate, Penrith, Cumbria, CA11 9BN. Company No - 2312632
1 - DEFINITIONS
1.1 In these Terms:
1.2“Auction” means the auction sale in respect of which a Lot is consigned for sale.
1.3 “Auctioneer” means the representative of PMA conducting the Auction or their agent nominated to do so.
1.4“Buyer” means the only person whose bid is accepted by PMA to conclude the contract for the purchase of a Lot.
1.5 “Sellers Premium” means the amount payable by the Seller to PMA. Sellers premium on Motor Vehicles is £75 + vat and 10% of the total amount over and above the agreed reserve.
1.6 “Catalogue” the catalogue relating to the relevant Auction includes any webpage advertisement.
1.7 “Contract” means the agreement between the Buyer and the Seller on the successful bid of the Buyer on which the Lot is sold to them.
1.8 “Hammer Price” means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer.
1.9 “Lot” means any item(s) consigned to PMA for the sale at Auction.
1.10 “Motor Vehicle” means any car or LCV included or proposed to be included in a sale of motor vehicles.
1.11 “Purchase Price” means the Hammer Price.
1.12 “Reserve” means the minimum Hammer Price agreed between PMA and the Seller at which a Lot may be sold.
1.13 “Sale Proceeds” means the net amount due to the Seller being the Hammer Price.
1.14 “Seller” means the person who offers the Lot for sale.
1.15 “VAT” means Value Added Tax applicable at the prevailing rate at the date of the transaction.
1.16 “Working Day” means any day (other than a Sunday).
2 - AGENT
2.1 PMA sells as agent for the Seller (except where PMA is selling as principal, which PMA will disclose in the Catalogue and in the Auction Hall with a Lot number starting “DH” ). The Contract for the sale of a Lot is between the Seller and the Buyer. PMA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.
3 - DISCRETION
3.1 PMA has the right as its sole discretion to refuse any bid, withdraw any Lot or put up for Auction again.
3.2 If PMA is notified about the Seller’s alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. PMA may, however, deduct any sums that are due to it from the sum held.
4 - LOSS OR INJURY
4.1 PMA shall be under no liability for any injury, damage or loss sustained by any person while on PMA’s premises except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by PMA, its employees or agents in the ordinary course of their duties to PMA.
5 - LOTS
5.1 The Catalogue contains details about each Lot. The description contained in the Catalogue, which may be online, is given on behalf of the Seller, from information supplied by the Seller for which PMA is not responsible. Mileage is correct at time of cataloguing.
5.2 It is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its condition,history, age, suitability, quality, roadworthiness, origin, value and estimated selling price (including the Hammer Price), via the information provided online or in any Catalogue. No description of a lot carries with it an implication that it is fit for any particular purpose.
5.3 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections.
5.4 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular parts may have been replaced or renewed and those parts may not be original or of “Satisfactory Quality’, certain parts may be damaged, have been damaged or poorly repaired. Given the age of, no assumption should be made with regard to any aspect of its condition.
5.5 Any person who physically interferes with, scratches or damages the Lot in any way (before or after the Auction) will be held liable for the loss so caused.
5.6 The Seller is responsible for delivering the Lot in a presentable condition. If additional cleaning is required, it will be charged for by PMA to the Seller as an Expense.
5.7 The Seller gives PMA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion with indemnity against copyright infringement.
5.8 Lots starting with “DH” are owned by David Hayton Ltd, Lots starting with “PV” are entered by a Private Individual, Lots starting with “TR” are entered by someone connected to the Motor Trade.
6 - ESTIMATES AND DESCRIPTIONS
6.1 Estimates and descriptions may be amended at PMA’s discretion from time to time by notice given orally or in writing before or during an Auction.
6.2 The Lot will be available to view from 9.30 on the day of sale and any potential bidders must form their own opinion in relation to the Lot.
6.3 PMA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue unless PMA has been notified in writing 3 days prior to the sale date.
6.4 PMA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
7 - WARRANTY BY THE SELLER
7.1 The Seller warrants to the Buyer and to PMA that:
7.1a- The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale.
7.1b- The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. PMA shall be under no obligation to investigate any concerns expressed by third parties.
7.1c- The Seller shall compensate PMA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms.
8. VEHICLE REGISTRATION NUMBERS
8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify PMA in writing.
8.2 It shall be the Seller’s responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction.
9. BIDDING AND RESERVES
9.1 In order to bid in the auction potential buyers must register at reception on the day of the sale. ID will be required ( Driving Licence or Passport ).
9.2 PMA will not accept bids from any person who has not registered and received their Buyers Number.
9.3 A Contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. PMA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus VAT if applicable.
9.4 The Seller may place a Reserve in writing on any Lot when he consigns it to the Auction, failing this all Lots will be sold without Reserve.
9.5 Where a Reserve has been agreed, only PMA at its absolute discretion may bid on behalf of the Seller.
9.6 If no Reserve has been placed on a Lot, PMA shall in no way be held liable should the Lot be purchased for a price below any expectations.
10.1 PMA shall be entitled to deduct from the Hammer Price and retain an amount of £75 + vat and 10% of the total amount over and above the agreed reserve.
11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted by the Auctioneer either via the bidding platform or by Telephone. It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.
11.2 PMA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by PMA or its employees.
11.3 PMA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence, or that of the Seller’s employees or agents in the ordinary course of their duties to PMA. The Seller shall compensate PMA in full in respect of all claims and proceedings brought against PMA in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of any obligation under the Terms.
12.1 PMA shall pay the Sale Proceeds to the Seller not later than 7 Working Days after the Auction provided that the Purchase Price has been received in full by PMA and the Lot has been delivered to PMA or the Buyer and payment will be made by telegraphic transfer. In the event of an unsettled hire purchase, finance agreement or any other charge affecting the Lot PMA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.
12.2 If the Purchase Price is not paid in full on the day of sale a £200 deposit must be paid and the remainder paid by 1pm on the first Tuesday after the sale.
12.3 PMA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with PMA the registration document of the Motor Vehicle and any other items or documents which has been included in the sale.
12.4 If the Buyer fails to pay the full Purchase Price within 5 days days of the Auction, PMA will notify the Seller who may instruct PMA as to the appropriate course of action. PMA may endeavour to assist the Seller but PMA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name.
13.1. The Seller may by notice in writing to PMA withdraw the Lot from the Auction within 5 days of the Auction.
14.1.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days of Notice,after this a daily storage charge of £5 per day will apply.
15. THE BUYER
15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion.
16.1 Once a lot is sold, the Purchase Price shall become immediately payable to PMA. If not fully paid on sale day then a non refundable deposit of £200 must be paid.
16.2 Full payment for all Lots must be made to PMA by 1:00pm on the first Tuesday after the sale. Payment must be made by bank transfer.
16.3 No Lot may be collected until the Purchase Price has been received by PMA.
16.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by PMA.
16.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.
16.6 The Buyer shall, at his own expense, remove the Lot purchased but not before payment in full to PMA.
16.7 Maximum amount for Cash payments is £5000
18. RESPONSIBILITY FOR PURCHASED LOTS
18.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from when the Lot is sold to them. Neither PMA nor its employees shall be responsible for any loss or damage unless caused by the negligence of PMA or its employees.
18.2 PMA will notify DVLA of the change of keeper.
19.1 If the Purchase Price is not paid in full, PMA as the agent of the Seller shall enter the Lot into the next sale at no cost to the Seller.
20. LIABILITY OF PMA AND THE SELLER
20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary..
20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by PMA, its employees or agents.
20.3 This contract is made for the benefit of PMA, the Seller, and the Buyer,it is not intended to benefit or be enforceable by anyone else. For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
21. GOVERNING LAW
21.1 Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.
23. DATA PROTECTION
23.1 All information provided to PMA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.
23.2 PMA reserves the right to pass on information when required by legislation, government authorities or the courts.