Terms and Conditions
Our full Terms and Conditions are displayed in the Entry Office
CONDITIONS OF SALE AND ENTRY
- ENTRY FEE: On payment of an entry fee of £15 inc VAT (£20 for vehicles without reserve) a vehicle may be entered for sale subject to the following conditions.
- ENTRY FORM & DOCUMENTS: An entry form will be completed electronically. A registration document for the vehicle, a current MOT certificate and excise licence, if applicable, must be deposited with the Auction Proprietors at the time of making the entry.
- VEHICLES: All vehicles will be “sold as seen” with no mechanical guarantee, the auctioneer describing the lot by registration book details only and declaring it ‘as seen, without warranty’.
- VEHICLE TITLE: The entrant of a vehicle certifies that it is his entire and sole property and that he has the right to sell, offering the purchaser good title free from all encumbrances. Any failure in this respect shall give the purchasers the right to recover the purchase price in full. The Auction Proprietors shall not be liable for any damages, costs or losses incurred as a result of such action.
- RIGHT OF SALE: Once a vehicle has arrived at the auction premises, the Auction Proprietors have the sole right of sale either by auction or private treaty. If the owner, or his agent, contracts to sell, or sells the vehicle on or off the auction premises, either on sale day or on a subsequent day as a direct result of an introduction obtained through attending the auction, then the Auction Proprietors have the right to recover the selling the commission at normal rates.
- TRADE COMMISSION RATES: The vendor of a vehicle will be charged a selling commission being deducted from gross sale figure. Commission at 5% (minimum £25) or otherwise agreed.
- RESPONSIBILITY FOR LOSS OR DAMAGE: Whilst every precaution is taken the Auction Proprietors accept no responsibility for loss or damage, whether by theft, frost, accident or other cause sustained by any vehicle or accessories thereon whilst on their premises. This applies not only for vehicles entered for sale, but also for vehicles on the premises for any other purpose whatsoever.
- REMOVAL OF AN UNSOLD VEHICLE: Vehicles entered for sale shall not be removed from the auction premises until they have been offered for sale by private auction, or by private treaty with the approval of the Auction Proprietors or until the auctioneers have ceased selling for the day. A ‘pass out’ voucher will be issued to the entrant when he is permitted to take away an unsold vehicle.
- LOTS WITHOUT RESERVE: All vehicles offered for sale ‘without reserve’ will be offered ‘without warranty’ and the provisions for complaint on mechanical defects in Conditions number 18 will not apply to such lots. If no figure is entered into the space provided for the ‘reserve price’ on the entry form then the vehicle will be sold to the highest bidder as if entered ‘without reserve’.
- PAYMENT TO VENDORS: Vendors will, in the case of all vehicles sold, will receive payment by cheque through the post, normally posted by the Auction Proprietors within 4 days after sale day. Such payments will be delayed if the Auction Proprietors are not satisfied that the Vendor has met all his obligations in connection with the sale of the vehicle as set out on his entry form, i.e. outstanding higher purchase debt, registration book not available, etc.
- TRANSFERS BY ENTRANT: Should the entrant of a vehicle wish to effect a transfer of ownership, after having completed his entry form, but before the vehicle is offered for sale, he may only do so on payment of commission.
- AUCTION CONTRACT: On the fall of the auctioneers hammer the highest bidder shall be declared the purchaser and a legal and binding contract his deemed to be completed between the vendor and purchaser, but these parties have no right of legal action against the auctioneer or the Auction Proprietors who act solely as agents between the vendor and purchaser. In all disputes the auctioneer’s decision shall be final and binding.
- BIDDING AND DEPOSITS: The auctioneers reserve the right to regulate the bidding, to refuse any bid, to re-offer any lot when there is a dispute in the bidding, and to require the last bidder, immediately on the fall of the hammer, to bind his purchase with a minimum deposit £100 in cash. In a case of a vehicle sold ‘without warranty’, a payment of the purchase price in full and in cash may be demanded from the purchaser on the fall of the hammer.
- TRANSFER OF RISK: At the fall of the hammer the vehicle, its accessories, equipment, etc, become the responsibility and risk of the purchaser.
- ERRORS OF DESCRIPTION: No person shall take advantage of any genuine error in lotting or numbering a vehicle nor of any genuine error by the auctioneer in describing the vehicle, nor of any genuine error by the entrant in completing his entry form.
- PAYMENT BY PURCHASERS: The auction proprietors reserve the right to make any enquiries or investigation they think fit before accepting a purchaser’s cheque in payment for a vehicle. Bank references are required from all new customers who are asked to complete the appropriate form applying for permission to make a purchase at the auction. In the event of satisfactory references being unobtainable the auction proprietors may refuse to allow the purchaser to remove his purchase from the auction premises until clearance has been made of the cheque tendered in payment. Payment in full must be made on the day of sale.
- TRANSFERS BY PURCHASERS AND CONTRA ACCOUNTS: Transfers to another name by purchasers are not allowed and contra accounts are not permitted.
- ‘TOTAL LOSS’ VEHICLES: Particulars of all vehicles sold are submitted to Higher Purchase Information Ltd for their investigation. In the event of a vehicle being registered with them has having been the subject of an Insurance Company ‘Total Loss’ claim, then, provided the entrant has not made a declaration to this effect on his entry form, the purchaser will be given the opportunity of returning the vehicle and, should this be done, the Auction Proprietors will declare the sale void.
- INDEMNITY FUND: For the protection of purchasers the Auction Proprietors have an indemnity fund from which payments can be made to a purchaser who suffers loss due to the fact that a vehicle purchased from the auction subsequently proves to be deficient in title. In such a case the purchaser can claim to be compensated for his loss, up to, but not exceeding, the purchase price of the said vehicle when bought a Cannock Motor Auctions by the claimant, when the Auction Proprietors are satisfied as to the validity of the claim they will make a payment from this fund. A compulsory contribution to this fund will be added to the invoice price. In the settlement of any dispute concerned with payments from this fund the decision of the Auction Proprietors shall be final and binding.
- ROAD WORTHINESS: Purchases are warned that it is their sole responsibility to ensure that a vehicle is in roadworthy condition before it is taken on the public highway. A vehicle in an unroadworthy condition shall be towed or suitably transported; a vehicle requiring a Ministry of Transport test certificate should be taken direct to a testing station.
- PARKING FEE: The Auction Proprietors reserve the right to charge a parking fee of £10 per day for vehicles left on their premises after the day following the sale day.