This General Auction Terms and Conditions are of;

Company namely; “Auction247 Ltd.” bearing Company No: 14924085 and having address; Auction247 Ltd. City Road, London, EC1V 2NX – 192 (hereinafter referred as ‘auctioneer’) which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors, or administrators.

 

1.         DEFINITIONS:

      Bid: It is an offer to purchase the lot on definite terms.

      Bidder: An individual who offers a bid to buy a lot.

      Buyer Premium: The percentage of the highest bid offered, as described in important notes.

      Buyer: The bidder who offers the highest bid at the auction and buys the lot.

      Consumer: A person who acts on the reasons which are completely outside of his line of business.

      Contract: The set of terms and condition of the purchase between seller and the bidder.

      Defaulter’s Entry Fee: The amount £130 fined to the party due to fault, when the lot is being resold.

      Deposit: An initial deposit of the amount as mentioned in important notes.

      End Buyer: The Third Party on the behalf of which the bidder is acting.

      Good(s): The machinery, equipment or any other item that is being sold at the public auction under    specific terms.

      Hammer Price:  The highest bid offered by the buyer and on which the good is sold.

      Important Notes: The set of details issued by the auctioneer that gives the information regarding the lot, its description, method available, fee, buyer premium, delivery charges and other important details relation to the sale of lot.

      Intellectual Property Right: The copyright, trademark, name, domain, inventions, patents, right to sue for passing-off, rights in designs, database, protection of the confidentiality and all other intellectual property rights, whether the registered of unregistered.

      Lot or Lots: One or more than one goods respectively.

      Main Characteristics: The basic description of the goods, the nature of good as mentioned in important notes. This doesn’t cover any specific details regarding the goods and its functionality.

      Premises: The place where the lot is exhibited for the assessment. 

      Seller: The person who is selling the lot.

      Terms: These terms and conditions for the General Auction.

      Three Minute Rule: If the bidder offers the bid in the last three minutes before the closure of auction of the lot, the auction will further continue for the three additional minutes beyond the estimated closing time.

    Working Days: Any day other than Saturday, Sunday or a public holiday.

  • Clause headings will not affect the interpretation of these terms.
  • With regards to writing, include email and not fax.
  • With regards to a person, includes an individual (corporate or unincorporated body)
  • When there is clash between these terms and conditions, the important notes will prevail.
  • Except the contextual meanings, the singular words will include the plural and word denoting gender will include all genders and vice versa.
  • With regards to a statutory provision in force for the time being, any revision, extension, re-enactment and also includes secondary legislation made under it.  
  • Any word relation to the term, “including, in particular, for example or any other similar word” will be considered as descriptive and will not limit the logic, description or definition of such word.
  • The buyer’s concern is required in particular to the clauses (if the buyer is consumer or if the buyer is no a consumer)

 

  1. 2.             ROLE OF AUCTIONEER:

                                         The Auctioneer acts on the behalf of the seller. And all the contracts of the sale will be made directly between the seller and the buyer, and the auctioneer will have no responsibility for the conduct of the seller, buyer or any other party.

 

  1. 3.             RULES AND CONDUCT OF AUCTION:
    1. Before the bidder can take part in an auction, the bidder should be registered with the auctioneer and view the lot in person. The bidder may also be required to pay a specific deposit before it is able to participate.
    2. These terms are binding on the bidder from when the bidder gets registered with the auctioneer.
    3. The bidder maybe required to provide a valid ID at the premises, or the auctioneer have authority to remove the bidder from the premises or this can also affect the acceptance or refusal of his bid.
    4. The auctioneer can organize the bidding by any process it deems fit and also can enact special terms with accordance to the situation.
    5. The auctioneer has full authority without any explanation; to bound or restrict the participant from the auction, to not to let in any person in the premises, amend the important notes before the creation of contract, eliminate a lot from the sale before the creation of contract, reject any bid before the creation of the contract, set a reserve price in respect of the lot, auctioneer will not be obliged to declare any reserve price for the lot.
    6. Incase of any clash between the bidder and seller or the auctioneer, the issue will be referred to the auctioneer, who will decide upon that issue and its decision will be final and binding.

vii. The bidder and the seller will comply with the auctioneer’s described policies as published and updated from time to time.

  1. If the bidder offers the bid in the last three minutes before the closure of auction of the lot, the auction will further continue for the three additional minutes beyond the estimated closing time.  

 

 

  1. 4.     FUNDAMENT OF SALE & CREATION OF CONTRACT:
    1.                 i.         The bidder admits that, according to the Section 2(6) of the Consumer Rights Act 2015, the contract for the of sale of lot by the mean of public auction doesn’t falls under the ‘consumer contract’ and thus will not be dealt with accordance to Consumer Rights Act 2015.
    2.               ii.         If the auctioneer shows an interest that, it is ready to sell the lot by auction, therefore under such circumstances an indication to not an offer to sell.
    3.              iii.         The online and E-bidding services will be dealt accordance to the rules and regulations drafted and enacted for the E-bidding and online services.
    4.              iv.         The bidder has the authority to withdraw the bid anytime before the auction is ended by notifying the auctioneer, and in such case the lower bid will be entertained accordingly.
    5.               v.         Neither the auctioneer nor the seller will be bound to accept any offer for the lot.
    6.              vi.         The buyer will be the highest bidder at the standard reserve price or maybe above it at the end of auction (subject to the three-minute rule), at that point the contract of sale between the seller and the bidder will come into force with subject to the special conditions. Keeping in view that the auctioneer can still reject/refuse the bid or to withdraw the lot before ending of auction.
    7.             vii.         If incase the bidding doesn’t meet the reserve price, the auctioneer has the authority to entertain the top bid as the buying bid and that bidder will be the buyer.
    8.            viii.         If the bidder fails to acquire the hammer price or the bidder’s offer is rejected by the auctioneer, in that case the bidder has option to recover its deposit from the auctioneer or to give a written undertaking that this deposit will be used as the future bids.
    9.              ix.         The buyer admits and accepts that it has no right to withdraw the contract or return the lot.

 

5.   WARRANTY:

  1.              i.          The bidder warrants that, it is the registered user of the online bidding account, operated via the website and method used there to place the bid.
  2.             ii.         That it is empowered to form a contract (if the bid is accepted by the auctioneer and the seller) and the contract is formed therefore, and is legally bound by the terms.
  3.            iii.          That the bidder should be an individual and should be above 18 years of age.
  4.            iv.          That it has read, understood and accepted the terms and commits to buying the lot if its bid is accepted by the auctioneer. 

 

  1. 6.     OBLIGATIONS FOR THE CONTRACT:
    1.            i.         If the bidder is representing a third party or working as the agent for the ultimate benefit of the third party (end buyer), the bidder must inform the auctioneer about it and also provide all the basic and sufficient information regarding the third party prior to the; (a) date of completion of registration. (b) date of the placing of first bid.
    2.           ii.         The bidder accepts, warrants and undertakes that it has basic power and command to form a contract (if the offer is accepted by the auctioneer)
    3.          iii.         The bidder therefore assures the performance of the contract by the end buyer and will jointly liable along with the end buyer for the performance of the contract in full.
    4.          iv.         For the inconvenience and doubt, neither the auctioneer nor the seller will hold any liability to the end buyer under the contract or in relation to the lot.

 

  1. 7.       SITUATION OF THE LOT:
    1.        i.         The buyer admits that prior to the creation of contract, the auctioneer and the seller have given the buyer a chance to examine or test the lot and that the buyer has satisfied itself with subject to the quality, value, correctness, suitability and etc. of the lot.
    2.      ii.         The images of the lot (published anywhere online, brochures or in important notes) are for the explanatory purpose and the lot actually may vary from it. Like the lot may comprise of the second-hand items, raw returns, seized goods and etc. also the lot is sold as seen with no guarantee and is sold with subject to the faults, defects and imperfections along with.
    3.     iii.         Any description of the lot is for the expressive purposes only, except when the buyer is the consumer and the description relate to the basic characteristic of the lot. Where the imperfections and defects are not notified in the important notes, there is no warranty for the lot and therefore seller should not be held liable for any damage or defect to the lot that has not been notified to the buyer expressly.
    4.     iv.         Until or unless expressly stated in the important notes, no warranty is given by the auctioneer as to the quality, age, correctness, suitability or the fitness of the satisfactory quality of the lot. If the buyer is a consumer nothing in this clause will exclude any express or implied conditions relating to the main characteristic provided by the auctioneer.
    5.      v.         Where the auctioneer or an agent on its behalf provides an estimated hammer price for the lot, it is an opinion representing the seller, such estimated value should not be relied upon as the actual value of the lot, as the lots can be sold for much more or much less than the estimated value. This estimated value s given exclusive of the buyer premium and the delivery charges related to the sale and purchase of the lot.
    6.     vi.         Where the auctioneer or an agent on its behalf provides any authorship, origin, date, age, condition or genuineness, this is the opinion on the behalf of the seller and should not be relied upon by the buyer. As the buyer must satisfy itself about these characteristics of the lot.
    7.    vii.         The lot is not sold as new for the purpose of the consumer protection act 1987 or any product liability legislation. The lot is not sold as a sample.
    8.   viii.         The auctioneer and the seller will not be holding any sort of liability for any loss or damage to lot due to the deficiency in the lot, error in lot description, mis-statement or failure of the lot to function except when the defect arises due the negligence of the seller. This clause doesn’t apply to the buyer who is the consumer.
    9.     ix.         Where the buyer is a consumer, nothing in this clause limits or excludes any express or implied conditions or warranties relating to the main characteristics.

 

  1. 8.      TERMS SPECIFIC TO THE LOT:
    1.        i.         The non-presence in the description of a lot of any reference to the to the situation of a clock or watch the doesn’t shows that the lot is in decent condition. Many clock and watches have been refurbished during the course of their normal lifetime, and also may not have many parts which are not original, the auctioneer doesn’t hold any warranty that clock or watch is in working order. As the clock and watches have very complex mechanical system, bidder accepts that the watch or clock may require an ongoing service or repair work. And the buyer is solely responsible for that.
    2.      ii.         The gemstones may have been subjected to many methods to enlighten their appearance, the lot comprises of gemstones the bidder accepts that the gemstones may have been gone through some treatment. In the event that the auctioneer has been provided with the certificates relating to the gemstone, the auctioneer will make the same available to the buyer. Neither auctioneer not the seller admits any liability for the claims based upon the certificates.
    3.     iii.         Where the weight of the gemstone is provided by the auctioneer, thus that weight is assessed by the auctioneer within its setting and stated weight is only the opinion of the auctioneer. The bidder must satisfy itself regarding the weight of the gemstone.

 

  1. 9.       RISK AND THE TITLE:
    1.        i.         The auctioneer is acting as the agent of the seller and gives no warranty as to the seller’s title to the lot.
    2.      ii.         The title of lot will only pass to the buyer when the auctioneer has received payment full from the buyer and all dues are clear from him, until clearly mentioned in the important notes.
    3.     iii.         The buyer admits that the seller maybe the receiver, in such situation the seller will sell the right, title or any interest to the lot. Neither seller nor the auctioneer warrants that the lot is free from the encumbrances.
    4.     iv.         Where the Buyer is not a Consumer, risk in the lot shall pass to the Buyer from and including the date the Contract is formed.
    5.      v.         Where the Buyer is a Consumer, risk in the lot shall pass to the Buyer on actual delivery of the Lot to the Buyer which shall be when the lot is physically delivered to the Buyer.
    6.     vi.         Until risk passes to the Buyer, the risk in the lot remains with the Seller, the auctioneer will not be liable for any loss or damage caused to the lot.
    7.    vii.         It is the Buyer’s sole responsibility to obtain adequate insurance for the Lot from the time that risk passes to the Buyer.  The auctioneer and the Seller shall have no liability for the loss or theft of, or damage to, the Lot after this time.
    8.   viii.         No lot will be released to the Buyer until payment has been received by the auctioneer for all sums due to auctioneer (including any sums due to auctioneer in respect of any other Goods sold to the Buyer) in full.

 

  1. 10.      PRICE AND THE PAYMENT:
    1.     i.          The price payable by the buyer for the lot will be; (hammer price and buyer premium).
    2.    ii.         The artist’s royalty and any other fee or charges (delivery charges, limitation and etc.) specified in important notes.
    3.   iii.          VAT at the current and prevailing rate.
    4.   iv.          The lot which is sold exclusive of VAT, will be payable by the buyer at the current rate in addition.
    5.    v.         The Buyer shall pay for the Lot in full funds on creation of the Contract and in event by no later than by 5pm on the Working Day that immediately follows the date that the sale is concluded, or such other time as is specified in the Important Notes. 
    6.   vi.          All amounts due under these Terms from the Buyer shall be paid in full without set-off, withholding or deduction.
    7.  vii.         The Buyer admits that payment for the amounts due to auctioneer must be received by auctioneer in full before the Lot will be released to the Buyer.
    8. If the Buyer fails to pay the amounts due to auctioneer by the due date for payment then, without prejudice to any other right or remedy that auctioneer may  have, auctioneer will be entitled  to  charge  the  Buyer  interest  on  any overdue sums from the due date for payment (i) at a rate of 3% above the base rate,  if the Buyer is a Consumer; or (ii) at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 if the Buyer is not a Consumer.

 

  1. 11.      DELIVERY:
    1.     i.          The Buyer shall only be permitted to collect, or arrange for collection of, the Lot where it has first obtained auctioneer prior written consent.  In all other circumstances, the Lot shall be delivered to the Buyer by the auctioneer, third-party delivery carrier.
    2.    ii.         Once payment for all sums due from the Buyer has been received in full by the auctioneer, the auctioneer will arrange for the Delivery Carrier to collect the Lot for delivery to the Buyer.  The Delivery Carrier shall inform the Buyer of the anticipated date for delivery which is usually no later than 30 days after the date the auctioneer receives payment in full from the Buyer for all sums due.
    3.   iii.          Delivery of the Lot will be made to the address supplied by the Buyer to the auctioneer at the time that the Buyer makes payment for the Lot. The Buyer acknowledges that the delivery address cannot be changed after this time.  If the Lot is too big to fit through the letterbox, the Buyer must provide an address at the Buyer’s premises where the Lot can be safely delivered.
    4.   iv.          The Buyer is solely liable for ensuring that the Delivery Carrier has access to its delivery address.  If the Delivery Carrier is of the opinion that it is unable to deliver the Lot to the delivery address it shall deliver the Lot as close to the entrance of the delivery address as is reasonably possible.
    5.    v.         The Buyer shall comply with all directions of the auctioneer and the Delivery Carrier for delivery of the Lot.
    6.   vi.          The auctioneer will not be liable to the buyer for; loss of or damage to the Lot whilst the Lot are in the custody or control of the Delivery Carrier, loss of or damage to property caused by the Delivery Carrier and any delay in the delivery of the Lot.

 

  1. 12.  COLLECTION OF GOODS:
    1.   i.         Where the Buyer has obtained the auctioneer’s prior written consent for the Buyer (or) someone acting on its behalf) to collect the Lot from the Premises.
    2.  ii.         The Buyer shall, at its own expense and risk, remove the Lot from the Premises no later than 5pm on the Working Day that immediately follows the date that the auctioneer receives payment for the Lot in full or such other date at the auctioneer agrees with the Buyer.
    3. The auctioneer will only release the Lot to the Buyer or its authorized agent, not to any third party. Removal shall take place during the auctioneer normal working hours.
    4. The Buyer may be required to conduct a full and complete risk assessment acceptable to the auctioneer or the Seller before the Lot can be removed from the Premises.
    5.  v.         The Buyer shall make good any damage caused by it or its employees, representatives, agents or subcontractors in effecting removal of the Lot including, without limitation, any damage caused to adjoining lots or goods and damage caused to any utilities at the Premises.
    6. The Buyer shall obtain adequate insurance (including, without limitation, public liability insurance and employer’s liability insurance) in respect of the removal of the Lot.
    7. Where the Buyer has paid the Damage Deposit to the auctioneer, the auctioneer may apply the Damage Deposit against the cost of repairing any damage caused to the Premises or to any property by the removal of the Lot.

 

  1. 13.     HEALTH AND SAFETY: 
    1.   i.         The Buyer acknowledges and accepts that certain Lots may contain hazardous or deleterious materials and substances and may be subject to health and safety legislation, including without limitation the Health and Safety Act 1974, the Environmental Protection Act 1990, the Construction (Design and Management) Regulations 2007, the Control of Substances Hazardous to Health Regulations 2002 and the Furniture and Furnishings (Fire) (Safety) Regulations 1988. 
    2.  ii.         The Buyer acknowledges and accepts that the Lot may not comply with the relevant health and safety legislation at the time they are sold, may not be suitable for domestic use, and/or may require specialist handling or treatment prior to their removal from the Premises, during the physical transfer to the Buyer, and prior to their use.
    3. It is the Buyer’s sole responsibility to ensure that it understands, and complies at all times with, any and all health and safety legislation and codes of conduct relating to the Lot and the use of the Lot.  
    4. The Buyer agrees and undertakes that it will relieve the Seller and the auctioneer of any duties pursuant to sections 6 of the Health and Safety at Work Act 1974 in respect of the Lot.
    5.  v.         The Buyer shall provide the auctioneer with written undertakings that the Buyer will comply with all duties and obligations in respect of the Lot imposed by the Health and Safety at Work Act 1974.

 

  1. 14.     BUYER DEFAULT NON-PAYMENT:
    1.   i.         If the Buyer fails to pay the amounts due under the Contract on the due date for payment, without prejudice to any other right or remedy that the Seller and the auctioneer may have, the auctioneer and the Seller may;

(rescind the Contract, retain the Deposit paid by the Buyer, pursue the Buyer for monies owed in respect of costs incurred by the auctioneer and  the Seller, including the cost of removing, storing and insuring the Lot, refuse to accept, and may reject, any Bid placed or which the Buyer attempts to place in a different or future auction or sale, withhold the sale and/or release to the Buyer of any other goods purchased by the Buyer until the earlier of the date that the Buyer pays all amounts due under the Contract in full or the date that the Seller rescinds the Contract, apply any proceeds of sale due to the Buyer towards settlement of any unpaid payments due from the Buyer).

  1.  ii.         If the Buyer has received prior written consent from the auctioneer to remove the Lot from the Premises, but fails to remove the Lot from the Premises, without prejudice to any other right or remedy that the Seller and the auctioneer may have, therefore;

(charge the Buyer, the Defaulter’s Entry Fee, a one-off administration fee of £50, a daily fee of £5 plus VAT for continued storage of the Lot, whether at the Premises or at new premises that the Lot is moved to, such amount to be deducted from the Deposit and then charged to the Buyer, the cost of storage and insurance of the Lot (whether at the Premises or elsewhere), until the earlier of the date that the Buyer removes the Lot from the Premises (or such replacement premises) and the date the Seller rescinds the Contract, the Buyer fails to pay any sum due by the due date for payment, the  Lot  cannot  be  removed  from  the  Premises  without  causing,  or  being reasonably  likely  to  cause,  damage  to  the  Premises  or  to  any  property  or person, the Lot is unlawful (including, without limitation, if the Lot contains Goods which it is unlawful to sell) or if the Lot infringes any third party rights, a product recall is issued affecting the Lot, a government or public authority (such as Trading Standards) issues a restriction or prohibition on sale or requires the sale to be rescinded, the Buyer shall pay the auctioneer the Defaulter’s Entry Fee, If the Buyer commits a breach of these Terms, the auctioneer reserves the right to reject or ignore any bids or offers made by or on behalf of the Buyer at a future auction or sale).

 

  1. 15.  INTELLECTUAL PROPERTY RIGHTS:
    1.        i.         Where the Lot has been de-branded, the Buyer shall ensure that the Lot remains de-branded or de-badged.  No original trademarks, web images, logos or any other Intellectual Property Rights may be copied or used by the Buyer.  Failure to comply with this restriction may result in the Buyer being permanently excluded from the auctioneer’s auctions and sales. 
    2.      ii.         Any use by the Buyer of the Lot (including without limitation computer software) shall be subject to the terms of any existing license or other Intellectual Property Rights in and to such Lot.
    3.     iii.         All Intellectual Property Rights in and to the Website and the Important Notes and any advertising materials, catalogues or brochures issued by the auctioneer and any photographs, illustrations or other images of the Lot are and shall remain the property of the auctioneer or the Seller or their licensors.  The Buyer shall not copy, reproduce, alter, adapt, modify, translate or deface such Intellectual Property Rights in whole or in part for any purpose.

 

  1. 16.  LIMITATION OF LIABILITY ON CONSUMERS:
    1.     i.          Buyers are reminded that the auctioneer acts only as an agent of the Seller and is not the manufacturer or supplier or owner of the Lot.
    2.    ii.         Nothing in these Terms shall limit or exclude the liability of the auctioneer, the Seller, or those third parties connected to the auctioneer and the Seller, and each of their directors, employees, subcontractors and agents for;

(a) death or personal injury caused by its negligence,

(b) fraud or fraudulent misrepresentation,

(c) any matter in respect of which it would be unlawful to exclude or restrict liability.

 

  1. 17.  LIMITATION OF LIABILITY ON NON-CONSUMERS:
    1.                 i.         Buyers are reminded that the auctioneer acts only as an agent of the Seller and is not the manufacturer or supplier or owner of the Lot.
    2.               ii.         All conditions, warranties and other terms which might otherwise be implied by statute, common law or he law of equity, including without limitation the terms implied by section 13 to 15 of the Sale of Goods Act 1979, are, to the fullest extent permitted by law, expressly excluded.
    3.              iii.         Nothing in these Terms shall limit or exclude the liability of the auctioneer, the Seller, or those third parties connected to the auctioneer and the Seller, and each of their directors, employees, subcontractors and agents for:

(a) death or personal injury caused by its negligence,

(b) fraud or fraudulent misrepresentation,

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.

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

(e) loss of profits,

(f) loss of income or revenue

(g) loss of business and business opportunity

(h) loss of anticipated savings

(i) loss of, or corruption or damage to, information or data

(j) loss or damage to goodwill

(k) wasted management or office time

(l) loss arising from third party claims;

(m) indirect, special or consequential loss.

 

 

  1. 18.  SAFETY OF THE DATA:

Personal data that is processed by the auctioneer in relation to the Contract will be processed by the auctioneer in accordance with its Privacy Policy.

 

  1. 19.  FORCE MAJEURE:
    1.                 i.         Acts of God, flood, drought, earthquake or other natural disaster.
    2.               ii.         Epidemic, pandemic or public health crisis.
    3.              iii.         Terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.
    4.              iv.         Nuclear, chemical or biological contamination or sonic boom.
    5.               v.         Any law or action taken by a government or public authority, including without limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary license or consent.
    6.              vi.         Collapse of building, fire, explosion or accident.
    7.             vii.         Interruption or failure of utility service.
    8.            viii.         If the Buyer is a Consumer and there is a substantial delay or failure in the performance of the auctioneer or the Sellers’ obligations under the Contract, the Buyer may terminate the Contract and receive a refund.

 

  1. 20.  GENERAL TERMS:
    1. The auctioneer is empowered to amend the terms and conditions from time to time as necessary; when the market condition is affecting the business, when there’s due change in technology, in payment methods, in the concerned regulations and legal requirements, when there is a change in system capabilities.
    2. Except as mentioned in these Terms, the amendments and the addition of ay terms will be enforceable only when agreed in writing and signed by the auctioneer.
    3. If any court of law or concerning authority decides that any part or whole term mentioned in these terms and condition is invalid, unlawful or illegal to any extent, that part or whole term will be separated from the other terms.
    4. If the auctioneer is unsuccessful to insist that the seller and the buyer to perform the obligations under the contract, or the auctioneer doesn’t exercise any of the right or remedies under the contract, that doesn’t indicate that those rights or remedies are waived or the buyer and seller doesn’t comply with those obligations. If there is any waiver, it must be in writing and duly signed by the auctioneer.
    5. No waiver on the end of the seller will be enforceable, until the seller expresses in writing to the auctioneer.
    6. The contract creates the entire agreement between the parties and also surpasses all previous agreements, undertakings and negotiations between the parties.
    7. The buyer admits that it has not relied upon any statement or undertaking made or given by or on behalf of the auctioneer or the seller which is not laid down in these terms.
    8. With exception of the auctioneer, a person no party to the contract will have no rights under in any relevance with them under this contract.
    9. In the contract of sale of lot, if any clash/claim arises out of it will be ruled by the concerned law and the auctioneer, seller and the buyer all agree to the jurisdiction of the court of law to resolve such clashes. However, if the buyer is a consumer and a resident of some other state, he may bring his matter to the concerning court of his state having jurisdiction to decide upon the matter.
    10. Any dispute arising out of the context of the terms and conditions of the contract unless it has attempted to resolve the dispute via mediation and either the mediation has terminated or the other party has declined or failed to participate in mediation, provided that the right to issue proceedings is not prejudiced by a delay.

 

 

  1. 21.  OPERATION OF REMOTE AUCTION TERMS:
    1.  When these terms are applicable, it should be mentioned in the important notes, such terms are the secondary to the General Terms and Conditions of the auction.
    2. If there is any clash between the remote auction terms and the general auction terms, the remote auction terms will prevail.
    3. Except the definition of the remote auction terms, the described terms used in the meanings given in general auction terms.
    4.  The remote auction terms are legally binding on the bidder from the date of the completion of the registration of the bidder with the auctioneer.

 

  1. 22.  CONDUCT OF THE REMOTE AUCTION:
    1. Bidders are not allowed to view the lot or to visit the premises in person.
    2. The buyer will be the highest bidder at or above the reserve price at the end of the auction with subject to the three-minute rule.
    3. The buyer admits that it has no authority to cancel the contract except as allowed by the consumer contract.

 

 

  1. 23.  CONDITION OF THE LOT:
    1. Any image of the lot whether displayed online, in important notes, in brochures or otherwise will be only for the expressive purpose only and lot maybe different in actual, as the lot maybe of second-hand items, raw condition, seized goods or etc. therefore the lot is sold as with no warranty given and sold as subject to the defaults and imperfections along with.
    2.   Any descriptions of the Lot are for identification purposes only.  Where errors or defects are not identified in the Important Notes, there is no implied warranty as to the condition of the lot that is free from the defaults and imperfections. Also the auctioneer will not be held responsible for the damage or default, also the seller is not held responsible for any damage or imperfection to the lot that has not been notified by the buyer.
    3. Until it is stated clearly in the important notes, no warranty is given by the auctioneer as to the quality, correctness and the suitability of the lot and all the implied conditions and warranties are excluded to the fullest extent permitted by law.
    4. When the auctioneer or anyone on its behalf provides an estimated value of the lot provide any guidance to the origin, date, condition and authorship, this is an opinion given on behalf of the seller and should not be relied upon by the buyer.
    5. The auctioneer and the seller will not be held liable for any loss or damage suffered, any error in the description and the failure of lot to function, except where the auctioneer’s and seller’s negligence.  
    6. All other conditions, warranties and implied terms are, to the fullest extent permitted by law, excluded from the Contract.

 

  1. 24.  DELIVERY OF THE LOT:

That the delivery carrier may have its own policies and procedures for the delivery of the lot.

 

  1. 25.  CONSUMER’S RIGHT TO CANCEL:
    1. That the buyer has option to cancel the contract at any time from the date, when the contract is created, until the end of 14 days’ period after the day on which the lot comes into the possession of the buyer or someone on the buyer’s behalf. Such cancellation authority doesn’t apply to the goods that are sealed for the hygiene reasons, audio or video recordings and where the seal is broken.
    2. The buyer can exercise its authority to cancel the contract under these terms, by contacting the auctioneer. If it is notified that the cancellation was sent to the auctioneer, and auctioneer will also confirm receipt of the cancellation.
    3. If the lot has already been dispatched to the buyer before the buyer cancels the contract, the buyer must return the lot to auctioneer without undue delay and in any event no later than 14 days starting on the day after the buyer informs the auctioneer and to cancel the contract.
    4.  Refunds will be made to the same method of payment used by the buyer to purchase the lot and will be completed.
    5. If the lot has not been dispatched to the Buyer or the auctioneer has offered to collect the Lot from the Buyer, by the end of 14 days after the day on which the Buyer informs the auctioneer of the decision to cancel the Contract.
    6. If any of the lot is returned because it is faulty and the auctioneer will refund the price of the lot together will along with the delivery charges.
    7. The seller will make sure the supply of the goods to the consumer and the consumer also hold the legal rights with regard to the faulty goods. And these legal rights are not entertain able by the remote auction terms as well as the general terms.

      GENERAL AUCTION TERMS & CONDITIONS

       

      This General Auction Terms and Conditions are of;

      Company namely; “Auction247 Ltd.” bearing Company No: 14924085 and having address; Auction247 Ltd. City Road, London, EC1V 2NX – 192 (hereinafter referred as ‘auctioneer’) which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors, or administrators.

       

      1.         DEFINITIONS:

            Bid: It is an offer to purchase the lot on definite terms.

            Bidder: An individual who offers a bid to buy a lot.

            Buyer Premium: The percentage of the highest bid offered, as described in important notes.

            Buyer: The bidder who offers the highest bid at the auction and buys the lot.

            Consumer: A person who acts on the reasons which are completely outside of his line of business.

            Contract: The set of terms and condition of the purchase between seller and the bidder.

            Defaulter’s Entry Fee: The amount £130 fined to the party due to fault, when the lot is being resold.

            Deposit: An initial deposit of the amount as mentioned in important notes.

            End Buyer: The Third Party on the behalf of which the bidder is acting.

            Good(s): The machinery, equipment or any other item that is being sold at the public auction under    specific terms.

            Hammer Price:  The highest bid offered by the buyer and on which the good is sold.

            Important Notes: The set of details issued by the auctioneer that gives the information regarding the lot, its description, method available, fee, buyer premium, delivery charges and other important details relation to the sale of lot.

            Intellectual Property Right: The copyright, trademark, name, domain, inventions, patents, right to sue for passing-off, rights in designs, database, protection of the confidentiality and all other intellectual property rights, whether the registered of unregistered.

            Lot or Lots: One or more than one goods respectively.

            Main Characteristics: The basic description of the goods, the nature of good as mentioned in important notes. This doesn’t cover any specific details regarding the goods and its functionality.

            Premises: The place where the lot is exhibited for the assessment. 

            Seller: The person who is selling the lot.

            Terms: These terms and conditions for the General Auction.

            Three Minute Rule: If the bidder offers the bid in the last three minutes before the closure of auction of the lot, the auction will further continue for the three additional minutes beyond the estimated closing time.

          Working Days: Any day other than Saturday, Sunday or a public holiday.

      • Clause headings will not affect the interpretation of these terms.
      • With regards to writing, include email and not fax.
      • With regards to a person, includes an individual (corporate or unincorporated body)
      • When there is clash between these terms and conditions, the important notes will prevail.
      • Except the contextual meanings, the singular words will include the plural and word denoting gender will include all genders and vice versa.
      • With regards to a statutory provision in force for the time being, any revision, extension, re-enactment and also includes secondary legislation made under it.  
      • Any word relation to the term, “including, in particular, for example or any other similar word” will be considered as descriptive and will not limit the logic, description or definition of such word.
      • The buyer’s concern is required in particular to the clauses (if the buyer is consumer or if the buyer is no a consumer)

       

      1. 2.             ROLE OF AUCTIONEER:

                                               The Auctioneer acts on the behalf of the seller. And all the contracts of the sale will be made directly between the seller and the buyer, and the auctioneer will have no responsibility for the conduct of the seller, buyer or any other party.

       

      1. 3.             RULES AND CONDUCT OF AUCTION:
        1. Before the bidder can take part in an auction, the bidder should be registered with the auctioneer and view the lot in person. The bidder may also be required to pay a specific deposit before it is able to participate.
        2. These terms are binding on the bidder from when the bidder gets registered with the auctioneer.
        3. The bidder maybe required to provide a valid ID at the premises, or the auctioneer have authority to remove the bidder from the premises or this can also affect the acceptance or refusal of his bid.
        4. The auctioneer can organize the bidding by any process it deems fit and also can enact special terms with accordance to the situation.
        5. The auctioneer has full authority without any explanation; to bound or restrict the participant from the auction, to not to let in any person in the premises, amend the important notes before the creation of contract, eliminate a lot from the sale before the creation of contract, reject any bid before the creation of the contract, set a reserve price in respect of the lot, auctioneer will not be obliged to declare any reserve price for the lot.
        6. Incase of any clash between the bidder and seller or the auctioneer, the issue will be referred to the auctioneer, who will decide upon that issue and its decision will be final and binding.

      vii. The bidder and the seller will comply with the auctioneer’s described policies as published and updated from time to time.

      1. If the bidder offers the bid in the last three minutes before the closure of auction of the lot, the auction will further continue for the three additional minutes beyond the estimated closing time.  

       

       

      1. 4.     FUNDAMENT OF SALE & CREATION OF CONTRACT:
        1.                 i.         The bidder admits that, according to the Section 2(6) of the Consumer Rights Act 2015, the contract for the of sale of lot by the mean of public auction doesn’t falls under the ‘consumer contract’ and thus will not be dealt with accordance to Consumer Rights Act 2015.
        2.               ii.         If the auctioneer shows an interest that, it is ready to sell the lot by auction, therefore under such circumstances an indication to not an offer to sell.
        3.              iii.         The online and E-bidding services will be dealt accordance to the rules and regulations drafted and enacted for the E-bidding and online services.
        4.              iv.         The bidder has the authority to withdraw the bid anytime before the auction is ended by notifying the auctioneer, and in such case the lower bid will be entertained accordingly.
        5.               v.         Neither the auctioneer nor the seller will be bound to accept any offer for the lot.
        6.              vi.         The buyer will be the highest bidder at the standard reserve price or maybe above it at the end of auction (subject to the three-minute rule), at that point the contract of sale between the seller and the bidder will come into force with subject to the special conditions. Keeping in view that the auctioneer can still reject/refuse the bid or to withdraw the lot before ending of auction.
        7.             vii.         If incase the bidding doesn’t meet the reserve price, the auctioneer has the authority to entertain the top bid as the buying bid and that bidder will be the buyer.
        8.            viii.         If the bidder fails to acquire the hammer price or the bidder’s offer is rejected by the auctioneer, in that case the bidder has option to recover its deposit from the auctioneer or to give a written undertaking that this deposit will be used as the future bids.
        9.              ix.         The buyer admits and accepts that it has no right to withdraw the contract or return the lot.

       

      5.   WARRANTY:

      1.              i.          The bidder warrants that, it is the registered user of the online bidding account, operated via the website and method used there to place the bid.
      2.             ii.         That it is empowered to form a contract (if the bid is accepted by the auctioneer and the seller) and the contract is formed therefore, and is legally bound by the terms.
      3.            iii.          That the bidder should be an individual and should be above 18 years of age.
      4.            iv.          That it has read, understood and accepted the terms and commits to buying the lot if its bid is accepted by the auctioneer. 

       

      1. 6.     OBLIGATIONS FOR THE CONTRACT:
        1.            i.         If the bidder is representing a third party or working as the agent for the ultimate benefit of the third party (end buyer), the bidder must inform the auctioneer about it and also provide all the basic and sufficient information regarding the third party prior to the; (a) date of completion of registration. (b) date of the placing of first bid.
        2.           ii.         The bidder accepts, warrants and undertakes that it has basic power and command to form a contract (if the offer is accepted by the auctioneer)
        3.          iii.         The bidder therefore assures the performance of the contract by the end buyer and will jointly liable along with the end buyer for the performance of the contract in full.
        4.          iv.         For the inconvenience and doubt, neither the auctioneer nor the seller will hold any liability to the end buyer under the contract or in relation to the lot.

       

      1. 7.       SITUATION OF THE LOT:
        1.        i.         The buyer admits that prior to the creation of contract, the auctioneer and the seller have given the buyer a chance to examine or test the lot and that the buyer has satisfied itself with subject to the quality, value, correctness, suitability and etc. of the lot.
        2.      ii.         The images of the lot (published anywhere online, brochures or in important notes) are for the explanatory purpose and the lot actually may vary from it. Like the lot may comprise of the second-hand items, raw returns, seized goods and etc. also the lot is sold as seen with no guarantee and is sold with subject to the faults, defects and imperfections along with.
        3.     iii.         Any description of the lot is for the expressive purposes only, except when the buyer is the consumer and the description relate to the basic characteristic of the lot. Where the imperfections and defects are not notified in the important notes, there is no warranty for the lot and therefore seller should not be held liable for any damage or defect to the lot that has not been notified to the buyer expressly.
        4.     iv.         Until or unless expressly stated in the important notes, no warranty is given by the auctioneer as to the quality, age, correctness, suitability or the fitness of the satisfactory quality of the lot. If the buyer is a consumer nothing in this clause will exclude any express or implied conditions relating to the main characteristic provided by the auctioneer.
        5.      v.         Where the auctioneer or an agent on its behalf provides an estimated hammer price for the lot, it is an opinion representing the seller, such estimated value should not be relied upon as the actual value of the lot, as the lots can be sold for much more or much less than the estimated value. This estimated value s given exclusive of the buyer premium and the delivery charges related to the sale and purchase of the lot.
        6.     vi.         Where the auctioneer or an agent on its behalf provides any authorship, origin, date, age, condition or genuineness, this is the opinion on the behalf of the seller and should not be relied upon by the buyer. As the buyer must satisfy itself about these characteristics of the lot.
        7.    vii.         The lot is not sold as new for the purpose of the consumer protection act 1987 or any product liability legislation. The lot is not sold as a sample.
        8.   viii.         The auctioneer and the seller will not be holding any sort of liability for any loss or damage to lot due to the deficiency in the lot, error in lot description, mis-statement or failure of the lot to function except when the defect arises due the negligence of the seller. This clause doesn’t apply to the buyer who is the consumer.
        9.     ix.         Where the buyer is a consumer, nothing in this clause limits or excludes any express or implied conditions or warranties relating to the main characteristics.

       

      1. 8.      TERMS SPECIFIC TO THE LOT:
        1.        i.         The non-presence in the description of a lot of any reference to the to the situation of a clock or watch the doesn’t shows that the lot is in decent condition. Many clock and watches have been refurbished during the course of their normal lifetime, and also may not have many parts which are not original, the auctioneer doesn’t hold any warranty that clock or watch is in working order. As the clock and watches have very complex mechanical system, bidder accepts that the watch or clock may require an ongoing service or repair work. And the buyer is solely responsible for that.
        2.      ii.         The gemstones may have been subjected to many methods to enlighten their appearance, the lot comprises of gemstones the bidder accepts that the gemstones may have been gone through some treatment. In the event that the auctioneer has been provided with the certificates relating to the gemstone, the auctioneer will make the same available to the buyer. Neither auctioneer not the seller admits any liability for the claims based upon the certificates.
        3.     iii.         Where the weight of the gemstone is provided by the auctioneer, thus that weight is assessed by the auctioneer within its setting and stated weight is only the opinion of the auctioneer. The bidder must satisfy itself regarding the weight of the gemstone.

       

      1. 9.       RISK AND THE TITLE:
        1.        i.         The auctioneer is acting as the agent of the seller and gives no warranty as to the seller’s title to the lot.
        2.      ii.         The title of lot will only pass to the buyer when the auctioneer has received payment full from the buyer and all dues are clear from him, until clearly mentioned in the important notes.
        3.     iii.         The buyer admits that the seller maybe the receiver, in such situation the seller will sell the right, title or any interest to the lot. Neither seller nor the auctioneer warrants that the lot is free from the encumbrances.
        4.     iv.         Where the Buyer is not a Consumer, risk in the lot shall pass to the Buyer from and including the date the Contract is formed.
        5.      v.         Where the Buyer is a Consumer, risk in the lot shall pass to the Buyer on actual delivery of the Lot to the Buyer which shall be when the lot is physically delivered to the Buyer.
        6.     vi.         Until risk passes to the Buyer, the risk in the lot remains with the Seller, the auctioneer will not be liable for any loss or damage caused to the lot.
        7.    vii.         It is the Buyer’s sole responsibility to obtain adequate insurance for the Lot from the time that risk passes to the Buyer.  The auctioneer and the Seller shall have no liability for the loss or theft of, or damage to, the Lot after this time.
        8.   viii.         No lot will be released to the Buyer until payment has been received by the auctioneer for all sums due to auctioneer (including any sums due to auctioneer in respect of any other Goods sold to the Buyer) in full.

       

      1. 10.      PRICE AND THE PAYMENT:
        1.     i.          The price payable by the buyer for the lot will be; (hammer price and buyer premium).
        2.    ii.         The artist’s royalty and any other fee or charges (delivery charges, limitation and etc.) specified in important notes.
        3.   iii.          VAT at the current and prevailing rate.
        4.   iv.          The lot which is sold exclusive of VAT, will be payable by the buyer at the current rate in addition.
        5.    v.         The Buyer shall pay for the Lot in full funds on creation of the Contract and in event by no later than by 5pm on the Working Day that immediately follows the date that the sale is concluded, or such other time as is specified in the Important Notes. 
        6.   vi.          All amounts due under these Terms from the Buyer shall be paid in full without set-off, withholding or deduction.
        7.  vii.         The Buyer admits that payment for the amounts due to auctioneer must be received by auctioneer in full before the Lot will be released to the Buyer.
        8. If the Buyer fails to pay the amounts due to auctioneer by the due date for payment then, without prejudice to any other right or remedy that auctioneer may  have, auctioneer will be entitled  to  charge  the  Buyer  interest  on  any overdue sums from the due date for payment (i) at a rate of 3% above the base rate,  if the Buyer is a Consumer; or (ii) at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 if the Buyer is not a Consumer.

       

      1. 11.      DELIVERY:
        1.     i.          The Buyer shall only be permitted to collect, or arrange for collection of, the Lot where it has first obtained auctioneer prior written consent.  In all other circumstances, the Lot shall be delivered to the Buyer by the auctioneer, third-party delivery carrier.
        2.    ii.         Once payment for all sums due from the Buyer has been received in full by the auctioneer, the auctioneer will arrange for the Delivery Carrier to collect the Lot for delivery to the Buyer.  The Delivery Carrier shall inform the Buyer of the anticipated date for delivery which is usually no later than 30 days after the date the auctioneer receives payment in full from the Buyer for all sums due.
        3.   iii.          Delivery of the Lot will be made to the address supplied by the Buyer to the auctioneer at the time that the Buyer makes payment for the Lot. The Buyer acknowledges that the delivery address cannot be changed after this time.  If the Lot is too big to fit through the letterbox, the Buyer must provide an address at the Buyer’s premises where the Lot can be safely delivered.
        4.   iv.          The Buyer is solely liable for ensuring that the Delivery Carrier has access to its delivery address.  If the Delivery Carrier is of the opinion that it is unable to deliver the Lot to the delivery address it shall deliver the Lot as close to the entrance of the delivery address as is reasonably possible.
        5.    v.         The Buyer shall comply with all directions of the auctioneer and the Delivery Carrier for delivery of the Lot.
        6.   vi.          The auctioneer will not be liable to the buyer for; loss of or damage to the Lot whilst the Lot are in the custody or control of the Delivery Carrier, loss of or damage to property caused by the Delivery Carrier and any delay in the delivery of the Lot.

       

      1. 12.  COLLECTION OF GOODS:
        1.   i.         Where the Buyer has obtained the auctioneer’s prior written consent for the Buyer (or) someone acting on its behalf) to collect the Lot from the Premises.
        2.  ii.         The Buyer shall, at its own expense and risk, remove the Lot from the Premises no later than 5pm on the Working Day that immediately follows the date that the auctioneer receives payment for the Lot in full or such other date at the auctioneer agrees with the Buyer.
        3. The auctioneer will only release the Lot to the Buyer or its authorized agent, not to any third party. Removal shall take place during the auctioneer normal working hours.
        4. The Buyer may be required to conduct a full and complete risk assessment acceptable to the auctioneer or the Seller before the Lot can be removed from the Premises.
        5.  v.         The Buyer shall make good any damage caused by it or its employees, representatives, agents or subcontractors in effecting removal of the Lot including, without limitation, any damage caused to adjoining lots or goods and damage caused to any utilities at the Premises.
        6. The Buyer shall obtain adequate insurance (including, without limitation, public liability insurance and employer’s liability insurance) in respect of the removal of the Lot.
        7. Where the Buyer has paid the Damage Deposit to the auctioneer, the auctioneer may apply the Damage Deposit against the cost of repairing any damage caused to the Premises or to any property by the removal of the Lot.

       

      1. 13.     HEALTH AND SAFETY: 
        1.   i.         The Buyer acknowledges and accepts that certain Lots may contain hazardous or deleterious materials and substances and may be subject to health and safety legislation, including without limitation the Health and Safety Act 1974, the Environmental Protection Act 1990, the Construction (Design and Management) Regulations 2007, the Control of Substances Hazardous to Health Regulations 2002 and the Furniture and Furnishings (Fire) (Safety) Regulations 1988. 
        2.  ii.         The Buyer acknowledges and accepts that the Lot may not comply with the relevant health and safety legislation at the time they are sold, may not be suitable for domestic use, and/or may require specialist handling or treatment prior to their removal from the Premises, during the physical transfer to the Buyer, and prior to their use.
        3. It is the Buyer’s sole responsibility to ensure that it understands, and complies at all times with, any and all health and safety legislation and codes of conduct relating to the Lot and the use of the Lot.  
        4. The Buyer agrees and undertakes that it will relieve the Seller and the auctioneer of any duties pursuant to sections 6 of the Health and Safety at Work Act 1974 in respect of the Lot.
        5.  v.         The Buyer shall provide the auctioneer with written undertakings that the Buyer will comply with all duties and obligations in respect of the Lot imposed by the Health and Safety at Work Act 1974.

       

      1. 14.     BUYER DEFAULT NON-PAYMENT:
        1.   i.         If the Buyer fails to pay the amounts due under the Contract on the due date for payment, without prejudice to any other right or remedy that the Seller and the auctioneer may have, the auctioneer and the Seller may;

      (rescind the Contract, retain the Deposit paid by the Buyer, pursue the Buyer for monies owed in respect of costs incurred by the auctioneer and  the Seller, including the cost of removing, storing and insuring the Lot, refuse to accept, and may reject, any Bid placed or which the Buyer attempts to place in a different or future auction or sale, withhold the sale and/or release to the Buyer of any other goods purchased by the Buyer until the earlier of the date that the Buyer pays all amounts due under the Contract in full or the date that the Seller rescinds the Contract, apply any proceeds of sale due to the Buyer towards settlement of any unpaid payments due from the Buyer).

      1.  ii.         If the Buyer has received prior written consent from the auctioneer to remove the Lot from the Premises, but fails to remove the Lot from the Premises, without prejudice to any other right or remedy that the Seller and the auctioneer may have, therefore;

      (charge the Buyer, the Defaulter’s Entry Fee, a one-off administration fee of £50, a daily fee of £5 plus VAT for continued storage of the Lot, whether at the Premises or at new premises that the Lot is moved to, such amount to be deducted from the Deposit and then charged to the Buyer, the cost of storage and insurance of the Lot (whether at the Premises or elsewhere), until the earlier of the date that the Buyer removes the Lot from the Premises (or such replacement premises) and the date the Seller rescinds the Contract, the Buyer fails to pay any sum due by the due date for payment, the  Lot  cannot  be  removed  from  the  Premises  without  causing,  or  being reasonably  likely  to  cause,  damage  to  the  Premises  or  to  any  property  or person, the Lot is unlawful (including, without limitation, if the Lot contains Goods which it is unlawful to sell) or if the Lot infringes any third party rights, a product recall is issued affecting the Lot, a government or public authority (such as Trading Standards) issues a restriction or prohibition on sale or requires the sale to be rescinded, the Buyer shall pay the auctioneer the Defaulter’s Entry Fee, If the Buyer commits a breach of these Terms, the auctioneer reserves the right to reject or ignore any bids or offers made by or on behalf of the Buyer at a future auction or sale).

       

      1. 15.  INTELLECTUAL PROPERTY RIGHTS:
        1.        i.         Where the Lot has been de-branded, the Buyer shall ensure that the Lot remains de-branded or de-badged.  No original trademarks, web images, logos or any other Intellectual Property Rights may be copied or used by the Buyer.  Failure to comply with this restriction may result in the Buyer being permanently excluded from the auctioneer’s auctions and sales. 
        2.      ii.         Any use by the Buyer of the Lot (including without limitation computer software) shall be subject to the terms of any existing license or other Intellectual Property Rights in and to such Lot.
        3.     iii.         All Intellectual Property Rights in and to the Website and the Important Notes and any advertising materials, catalogues or brochures issued by the auctioneer and any photographs, illustrations or other images of the Lot are and shall remain the property of the auctioneer or the Seller or their licensors.  The Buyer shall not copy, reproduce, alter, adapt, modify, translate or deface such Intellectual Property Rights in whole or in part for any purpose.

       

      1. 16.  LIMITATION OF LIABILITY ON CONSUMERS:
        1.     i.          Buyers are reminded that the auctioneer acts only as an agent of the Seller and is not the manufacturer or supplier or owner of the Lot.
        2.    ii.         Nothing in these Terms shall limit or exclude the liability of the auctioneer, the Seller, or those third parties connected to the auctioneer and the Seller, and each of their directors, employees, subcontractors and agents for;

      (a) death or personal injury caused by its negligence,

      (b) fraud or fraudulent misrepresentation,

      (c) any matter in respect of which it would be unlawful to exclude or restrict liability.

       

      1. 17.  LIMITATION OF LIABILITY ON NON-CONSUMERS:
        1.                 i.         Buyers are reminded that the auctioneer acts only as an agent of the Seller and is not the manufacturer or supplier or owner of the Lot.
        2.               ii.         All conditions, warranties and other terms which might otherwise be implied by statute, common law or he law of equity, including without limitation the terms implied by section 13 to 15 of the Sale of Goods Act 1979, are, to the fullest extent permitted by law, expressly excluded.
        3.              iii.         Nothing in these Terms shall limit or exclude the liability of the auctioneer, the Seller, or those third parties connected to the auctioneer and the Seller, and each of their directors, employees, subcontractors and agents for:

      (a) death or personal injury caused by its negligence,

      (b) fraud or fraudulent misrepresentation,

      (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.

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

      (e) loss of profits,

      (f) loss of income or revenue

      (g) loss of business and business opportunity

      (h) loss of anticipated savings

      (i) loss of, or corruption or damage to, information or data

      (j) loss or damage to goodwill

      (k) wasted management or office time

      (l) loss arising from third party claims;

      (m) indirect, special or consequential loss.

       

       

      1. 18.  SAFETY OF THE DATA:

      Personal data that is processed by the auctioneer in relation to the Contract will be processed by the auctioneer in accordance with its Privacy Policy.

       

      1. 19.  FORCE MAJEURE:
        1.                 i.         Acts of God, flood, drought, earthquake or other natural disaster.
        2.               ii.         Epidemic, pandemic or public health crisis.
        3.              iii.         Terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.
        4.              iv.         Nuclear, chemical or biological contamination or sonic boom.
        5.               v.         Any law or action taken by a government or public authority, including without limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary license or consent.
        6.              vi.         Collapse of building, fire, explosion or accident.
        7.             vii.         Interruption or failure of utility service.
        8.            viii.         If the Buyer is a Consumer and there is a substantial delay or failure in the performance of the auctioneer or the Sellers’ obligations under the Contract, the Buyer may terminate the Contract and receive a refund.

       

      1. 20.  GENERAL TERMS:
        1. The auctioneer is empowered to amend the terms and conditions from time to time as necessary; when the market condition is affecting the business, when there’s due change in technology, in payment methods, in the concerned regulations and legal requirements, when there is a change in system capabilities.
        2. Except as mentioned in these Terms, the amendments and the addition of ay terms will be enforceable only when agreed in writing and signed by the auctioneer.
        3. If any court of law or concerning authority decides that any part or whole term mentioned in these terms and condition is invalid, unlawful or illegal to any extent, that part or whole term will be separated from the other terms.
        4. If the auctioneer is unsuccessful to insist that the seller and the buyer to perform the obligations under the contract, or the auctioneer doesn’t exercise any of the right or remedies under the contract, that doesn’t indicate that those rights or remedies are waived or the buyer and seller doesn’t comply with those obligations. If there is any waiver, it must be in writing and duly signed by the auctioneer.
        5. No waiver on the end of the seller will be enforceable, until the seller expresses in writing to the auctioneer.
        6. The contract creates the entire agreement between the parties and also surpasses all previous agreements, undertakings and negotiations between the parties.
        7. The buyer admits that it has not relied upon any statement or undertaking made or given by or on behalf of the auctioneer or the seller which is not laid down in these terms.
        8. With exception of the auctioneer, a person no party to the contract will have no rights under in any relevance with them under this contract.
        9. In the contract of sale of lot, if any clash/claim arises out of it will be ruled by the concerned law and the auctioneer, seller and the buyer all agree to the jurisdiction of the court of law to resolve such clashes. However, if the buyer is a consumer and a resident of some other state, he may bring his matter to the concerning court of his state having jurisdiction to decide upon the matter.
        10. Any dispute arising out of the context of the terms and conditions of the contract unless it has attempted to resolve the dispute via mediation and either the mediation has terminated or the other party has declined or failed to participate in mediation, provided that the right to issue proceedings is not prejudiced by a delay.

       

       

      1. 21.  OPERATION OF REMOTE AUCTION TERMS:
        1.  When these terms are applicable, it should be mentioned in the important notes, such terms are the secondary to the General Terms and Conditions of the auction.
        2. If there is any clash between the remote auction terms and the general auction terms, the remote auction terms will prevail.
        3. Except the definition of the remote auction terms, the described terms used in the meanings given in general auction terms.
        4.  The remote auction terms are legally binding on the bidder from the date of the completion of the registration of the bidder with the auctioneer.

       

      1. 22.  CONDUCT OF THE REMOTE AUCTION:
        1. Bidders are not allowed to view the lot or to visit the premises in person.
        2. The buyer will be the highest bidder at or above the reserve price at the end of the auction with subject to the three-minute rule.
        3. The buyer admits that it has no authority to cancel the contract except as allowed by the consumer contract.

       

       

      1. 23.  CONDITION OF THE LOT:
        1. Any image of the lot whether displayed online, in important notes, in brochures or otherwise will be only for the expressive purpose only and lot maybe different in actual, as the lot maybe of second-hand items, raw condition, seized goods or etc. therefore the lot is sold as with no warranty given and sold as subject to the defaults and imperfections along with.
        2.   Any descriptions of the Lot are for identification purposes only.  Where errors or defects are not identified in the Important Notes, there is no implied warranty as to the condition of the lot that is free from the defaults and imperfections. Also the auctioneer will not be held responsible for the damage or default, also the seller is not held responsible for any damage or imperfection to the lot that has not been notified by the buyer.
        3. Until it is stated clearly in the important notes, no warranty is given by the auctioneer as to the quality, correctness and the suitability of the lot and all the implied conditions and warranties are excluded to the fullest extent permitted by law.
        4. When the auctioneer or anyone on its behalf provides an estimated value of the lot provide any guidance to the origin, date, condition and authorship, this is an opinion given on behalf of the seller and should not be relied upon by the buyer.
        5. The auctioneer and the seller will not be held liable for any loss or damage suffered, any error in the description and the failure of lot to function, except where the auctioneer’s and seller’s negligence.  
        6. All other conditions, warranties and implied terms are, to the fullest extent permitted by law, excluded from the Contract.

       

      1. 24.  DELIVERY OF THE LOT:

      That the delivery carrier may have its own policies and procedures for the delivery of the lot.

       

      1. 25.  CONSUMER’S RIGHT TO CANCEL:
        1. That the buyer has option to cancel the contract at any time from the date, when the contract is created, until the end of 14 days’ period after the day on which the lot comes into the possession of the buyer or someone on the buyer’s behalf. Such cancellation authority doesn’t apply to the goods that are sealed for the hygiene reasons, audio or video recordings and where the seal is broken.
        2. The buyer can exercise its authority to cancel the contract under these terms, by contacting the auctioneer. If it is notified that the cancellation was sent to the auctioneer, and auctioneer will also confirm receipt of the cancellation.
        3. If the lot has already been dispatched to the buyer before the buyer cancels the contract, the buyer must return the lot to auctioneer without undue delay and in any event no later than 14 days starting on the day after the buyer informs the auctioneer and to cancel the contract.
        4.  Refunds will be made to the same method of payment used by the buyer to purchase the lot and will be completed.
        5. If the lot has not been dispatched to the Buyer or the auctioneer has offered to collect the Lot from the Buyer, by the end of 14 days after the day on which the Buyer informs the auctioneer of the decision to cancel the Contract.
        6. If any of the lot is returned because it is faulty and the auctioneer will refund the price of the lot together will along with the delivery charges.
        7. The seller will make sure the supply of the goods to the consumer and the consumer also hold the legal rights with regard to the faulty goods. And these legal rights are not entertain able by the remote auction terms as well as the general terms.