Terms & Conditions

CONDITIONS OF ENTRY AND SALE.

LEOMINSTER CAR AUCTIONS LTD

General.

1. In these conditions “The Company” or the “Auctioneers” shall mean the Leominster Car Auctions Ltd.
2. The Company reserve the right to refuse to auction a vehicle on any grounds which appear to them to be sufficient.
3. The ‘Vehicle’ shall include all Motor Cars, Commercial Vehicles, Motorcycles, Plant and other items entered for sale by Auctions or by Private treaty.
4. Any dispute which may arise with reference to any sale or to these conditions may be referred to the Auctioneers if the Seller and the Buyer so agree, whereupon the Auctioneers will endeavour to mediate to resolve the matter. Nevertheless, the rights of the Seller or the Buyer to take legal action remain unaffected.
5. The Seller or Vendor shall mean any person, firm, company or agent therefore who requests Leominster Car Auctions to offer a Vehicle for sale at any auction conducted by Leominster Car Auctions.
6. The Purchaser or Buyer shall mean any person, firm, company or agent who makes the final bid at an Auction that the bid is accepted and acknowledged by the auctioneer by the fall of the hammer or the Acceptance of a provisional bid with an authorised staff member of Leominster Car Auctions.
7. These conditions and all contracts formed pursuant to them shall be interpreted in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
8. Physical auctions, Online auctions and Timed auctions shall all be subject to these Terms and Conditions.
9. The buyer accepts that this is a "trade only" auction sale where bidders may be on-line or in person and as such is not a coNsumer sale for the purposes of the Consumer Rights Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act Regulations 1977/1999 and the Buyer shall not seek to rely upon any conditions or warranties implied within, thereby MEANING THAT NO WARRANTY IS GIVEN OR IMPLIED.

 

Sellers/Vendors.

1. The Vendor shall supply the relevant vehicle registration document for the vehicle, no payment shall be made to the Vendor until this document is with the company.
2. The Company shall be entitled to receive from the Vendor of a vehicle sold, commission at the published charges or as may be otherwise agreed. The commission shall be due and payable by the Vendor to the Company when the vehicle is sold but the Company shall be at liberty to deduct the commission from the sale price before payment thereof to the vendor.
3. If a reserve price is not stated in the space provided on the entry form the vehicle shall be sold without reserve.
4. A vehicle for auction and given a Lot No. shall not be released from the Company's premises until the end of the sale and the Company reserve the right to re-offer for sale during the day of the sale any unsold vehicle pursuant to the original entry form and subject to these conditions.
5. The sale price shall be paid by the Purchaser to the Company, (or otherwise secured to the satisfaction of the Company) on the day of sale and before the vehicle is removed from the Company's premises and such sale· price or security shall be held as stakeholder and not as agent for either the Vendor or the Purchaser until payment is made to the Vendor as provided in condition 8 and the entry shall be deemed to form the basis of the contract of sale between the Vendor and the Purchaser and neither party shall have any right of action against the Company and/or its servants in respect thereof. The property in the vehicle shall not pass to the purchaser until the whole of the sale price is received by the company and in default of such payment the Company may in their discretion declare the sale null and void.
6. Where a vehicle is accepted for sale without all the items present and the Vendor referred these items to being produced, payment will be withheld until all said items are produced.
7. Commission as provided in paragraph 5 hereof shall be payable to the Company if a vehicle entered for sale is sold by the Vendor on the day of the sale to a person attending the auction or if any vehicle entered for sale and withdrawn prior to it being offered for sale and in such latter case as if it had been sold at the reserve price or if no reserve price had been set at the Company's considered estimate of the current market price. 
8. Payments to the Vendor of the sale price (less any commission fees abatements or other monies due) will be made by the Company only provided these conditions of sale have been complied with. Such payment will be made by posting a crossed cheque to the Vendor 3 clear days after each sale subject to Bank Holidays or any strike action and that the Company is satisfied that the Vendors are the owners of the property in the vehicle, or are entitled to receive payment.
9. (a) Where a vehicle entered for sale is disclosed to be subject to a Hire Purchase Agreement the Vendor will be charged a negotiating fee of £10 + VAT if the vehicle is sold, in addition to commission as aforesaid and any other charges due.  (b) If a vehicle subject to a Hire Purchase Agreement is sold the Company shall be at liberty to make any necessary arrangements with the Finance House concerned so that the vehicle shall not be returnable by the purchaser.
10. If a vehicle has, in the opinion of the Company or its Engineers, been materially misrepresented, such vehicle may be rejected by the Purchaser at his option within one hour of the end of the auction sale or within three days where the defect complained of is that the Chassis of the vehicle is cracked, welded, plated or rusted, but the Vendor will nevertheless be liable to pay the appropriate commission to the Company and vehicle will be re-offered for sale (the facts supporting the mis-representation being first declared) if possible on the same day or otherwise on the next suitable auction day the vehicle will be offered for sale subject to the last reserve price authorised by the Vendor irrespective of the price at which it was sold and without reference to the Vendor.
11. If a vehicle has been sold at a price in excess of the reserve price and the Purchaser although entitled to rescind the sale within the provisions of Condition 10 elects to confirm the sale subject to any abatement in the purchase price the Company shall be at liberty (in order to conclude a sale) to make such abatement to the Purchaser as they in their sole discretion may deem reasonable in the circumstances provided always that such abatement shall not exceed the amount by which the sale price exceeds the reserve price.
12. No vehicle may be removed from the Company premises without the consent of the Company.
13. The Company shall not be responsible for damage to or theft from vehicles on the Company's premises and it is understood that vehicles, their contents· and accessories, are left with the Company at the owner's own risk.  Therefore please ensure your vehicle(s) remain under your own insurance whilst at the Leominster Car Auctions premises.
14. If a vehicle requires to be held for a period of time before it can be offered for sale, then storage charges are £3.00 per day or by arrangement.
15. If a vehicle is unsold, we do ask for vehicles to be collected within less than 7 days of the vehicle being last offered for sale. After this point storage charges of £3.00 a day will apply.
16. Vehicles entered for sale that have a flat battery or have to be towed through will occur an additional charge per sale.
17. Vehicles sold with end of sale trial - The Purchaser has up to 1 hour after completion of the sale to reject the vehicle if it found not to be as described by the Vendor.

 

Buyers/Purchasers.

1. A vehicle for auction and given a Lot No. shall not be released from the Company's premises until the end of the sale and the Company reserve the right to re-offer for sale during the day of the sale any unsold vehicle pursuant to the original entry form and subject to these conditions.
2. The buyer accepts that this is a "trade only" auction sale where bidders may be on-line or in person and as such is not a consumer sale for the purposes of the Consumer Rights Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act Regulations 1977/1999 and the Buyer shall not seek to rely upon any conditions or warranties implied within, thereby MEANING THAT NO WARRANTY IS GIVEN OR IMPLIED.
3. On the making of the Contract of Sale the Purchaser shall give his name and full address to the auctioneer’s assistant (unless these details have been given when registering for a bidders number), together with the appropriate cash deposit.
4. It is the purchaser’s responsibility to check the documentation available. Details are displayed on the vehicle description. Not all vehicles are sold with a Vehicle Registration Document (V5). Mot until date is as detailed on VOSA website.
5. The responsibility for a Vehicle shall pass to the Buyer immediately it is sold but ownership of the Vehicle shall pass to Buyer only when the price has been paid to the Auctioneers in full including the appropriate Buyer’s premium and any additional charges.
6. Payments may be made by cash which carries an 1% handling fee. Bank transfer, most debit and credit card payments are accepted. Cheques will not be accepted.
7. The purchaser will pay a buyer fee at the scale published on the premises for each vehicle purchased. There is an additional charge for online purchases.
8. As Auctioneer, Leominster Car Auctions Ltd is not a party to the contract and therefore has no liability in that respect.  We offer lots for sale and conclude contracts as agents on behalf of vendors.  The resulting legal contract is between the buyer and the vendor or buyer including but not limited to, loss or damage in contract or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, however arising from.
9. Cars sold as seen. When a vehicle is sold As Seen or without warranty it means the car is sold as seen. No Warranty is implied or given. (See 2. above).
10. Any defects, mechanical or otherwise are accepted as conditions of purchase. There is no rejection or cancellation possibility whatsoever after purchase. All vehicles are sold As Seen unless otherwise stated.
11. The sale price shall be paid by the Purchaser to the Company, (or otherwise secured to the satisfaction of the Company) on the day of sale and before the vehicle is removed from the Company's premises and such sale· price or security shall be held as stakeholder and not as agent for either the Vendor or the Purchaser until payment is made to the Vendor as provided in condition 10 and the entry shall be deemed to form the basis of the contract of sale between the Vendor and the Purchaser and neither party shall have any right of action against the Company and/or its servants in respect thereof. The property in the vehicle shall not pass to the purchaser until the whole of the sale price is received by the company and in default of such payment the Company may in their discretion declare the sale null and void.
12. Failure by a Purchaser to pay for and remove the vehicle within six days of the sale shall entitle the Vendor to rescind the sale and forfeit any deposit which may have been paid by the Purchaser in addition to any cause of action the Vendor may have against the Purchaser for failure to pay the balance of the purchase price.
13. Each vehicle is sold on the understanding that it will not be used on a road until it has been put into such a condition that both by reason of its construction and use and of the state of its brakes, steering gear tyres etc., it may lawfully be used upon a road and further as respect to lighting equipment and reflectors, that it will not be used in contravention of the requirements imposed by law. Your attention is drawn to the Provisions of the Road Traffics Act, Conditions of which are available request.
14. It is the responsibility of the Buyer to notify the Auctioneers within 3 working days of the sale if the Chassis number differs from that shown on the registration document or if there is evidence that the Chassis number has been altered or removed. (No claims whatsoever will be considered after 3 working days).
15. If a vehicle has, in the opinion of the Company or its Engineers, been materially misrepresented, such vehicle may be rejected by the Purchaser at his option within one hour of the end of the auction sale or within three days where the defect complained of is that the Chassis of the vehicle is cracked, welded, plated or rusted.
16. No claim for any consequential loss will be considered.
17. Any vehicle purchased at auction or entered for sale by auction still remaining on Company premises at the end of seven days from the date of sale, or entry, without the Company's consent, a parking fee of £3.00 per day will be payable, such fees to be paid before the vehicle is removed from the Company's premises. If in the opinion of the Company, the worth of the vehicle is less than the parking fee due to them, the Company reserves the right to sell the vehicle as part or full payment of those fees.
18. Insurance.  Your must arrange insurance from the fall of the hammer, or the agreed purchase time, therefore ensure that if you are unable to take the vehicle immediately you have your own insurance arranged.  The Company shall not be responsible for damage to or theft from vehicles on the Company's premises and it is understood that vehicles, their contents· and accessories, are left with the Company at your own risk.  Therefore please ensure your vehicle(s) remain under your own insurance whilst at the Leominster Car Auctions premises.
19. No vehicle may be removed from the Company premises without the consent of the Company.
20. The Purchaser agrees to pay an additional sum for Clear Title, such as it is clearly displayed in the Company's premises. However, the Company cannot be held responsible for any claim against the vehicle which was not apparent at the time of sale.
21. The Company shall not be responsible for damage to or theft from vehicles on the Company's premises and it is understood that vehicles, their contents· and accessories, are left with the Company at the owner's own risk.
22. Vehicles sold with end of sale trial - The Purchaser has up to 1 hour after completion of the sale to reject the vehicle if it found not to be as described by the Vendor.
23. Leominster Car Auctions do not declare if a vehicle is sold with a “non-transferable registration mark” or “disabled taxation class,” purchasers need to contact DVLA for this information before purchase. We accept no responsibility for the provision or condition of a spare wheel with any vehicle.
24. Vehicles are sold by their date of registration or earlier manufacture as stated in the Registration document and NOT by the manufacturer’s model or serial number.
25. The ownership of all our photographs on the Leominster Car Auctions website are not to be used or copied on any third party website or further marketing, therefore no photographs can be supplied to purchasers.