Terms & Conditions
TERMS AND CONDITIONS INTRODUCTION
Please ensure to read our terms and conditions in full.
1. The contractual relationship between Mid Ulster Auctions Limited and the Purchaser is governed by
- These terms and conditions;
- The information as detailed in the sale catalogue for each Auction; and
- Any additional notices and terms printed in the sale catalogue in each case as amended by any saleroom notice or Auctioneer’s announcement.
2. “Agreement” means this agreement.
“Auction” means an auction undertaken by Mid Ulster Auctions Limited.
“Auction Site” means Mid Ulster Auctions Limited premises from where the Auction is conducted.
“Auctioneer means Mid Ulster Auctions Limited, its staff, representatives, and person and persons for the time being authorised by the Auctioneer to have the conduct of an Auction.
“Bidder” means any person who has registered with the Auctioneer and has been issued with a Bidding Number for an Auction.
“Bidding Number” means the unique bidding number assigned to the Bidder upon registration with the Auctioneer for an Auction.
“Commission” means the percentage payment as detailed in the Catalogue or stated and due by the Purchaser to the Auctioneer upon the sale of any lots.
“Deposit” means the amount stated by Mid Ulster Auctions Limited to be placed in order to bid.
“Hammer Price” means the highest bid for any Lot accepted by the Auctioneer at an Auction.
“Lot” means any individual single part of a consignment put up for Auction by the Auctioneer.
“Purchaser” means the highest Bidder for any Lot.
“Purchase Price” means the sum total of the Hammer Price plus VAT (where applicable) and the Commission plus VAT.
“Vendor” means the seller of any Lot.
TERMS AND CONDITIONS
3. Bidder acknowledges that an Auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurised substances are present, heavy equipment is being operated and the electric circuits may be live. Every person at the Auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his Agents and Employees. No person shall have any claim against Auctioneers, their Agents, Employees, or Principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
4. All Bidders are required to register before entering the Auction. The Auctioneer shall have the right, at its discretion, to refuse any person admission to the Auction Site or attendance at any Auction.
5. On registration, the Auctioneer shall be entitled to require Bidders to pay the stated Deposit in cleared funds. Deposits will only be refunded if no purchase is made. Please note card refunds may take up to 7 days to be credited to buyer’s bank account; refund times are dictated by the card issuers and are outside our control.
6. The Auctioneer has absolute discretion without giving any reason to refuse any bid, to divide any Lot, to combine any two or more Lots, to withdraw any Lot from the Auction and in case of Dispute put any Lot up for Auction again.
7. The Auctioneer reserves the right to revoke any Bidding Number at any time.
8. The highest Bidder for each lot shall be the Purchaser thereof if the Bid is accepted. In the event of any dispute the Auctioneer shall have absolute discretion either to settle such dispute or to re-offer the Lot immediately.
9. No person may advance less at a Bid than a sum to be named from time to time by the Auctioneer.
10. The Auctioneer sells as an agent for the Vendor and as such is not responsible for any default by Vendor or Purchaser, and in particular shall not be liable to pay the Vendor until payment is received from the Purchaser.
11. Without prejudice to the generality of clause 10, all Lots are sold as seen and with a faults and imperfections and errors of description. Illustrations and descriptions in catalogues or brochures are for identification only. Descriptions in each case are provided by the Vendor. All Lots are available for inspection and Purchasers should satisfy themselves prior to the Auction to as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. The Purchaser of any Lot is deemed to have inspected the Lot prior to purchase. The Auctioneer gives no warranty as to the description; conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
Each and every Lot shall be sold ‘as is, where is’. Specifically, but without limitation, the Auctioneer makes no representation or warranty that any of the Lots:
Conform to any standard in respect of safety, pollution or hazardous material or to any standard of requirement of any applicable authority, law or regulation, or
Are fit for any particular purpose, or
Are merchantable or financeable, or
Are of any particular age, year of manufacture, model, make or condition
The purchaser agrees he has satisfied himself and is not relying on the Auctioneer, nor are the Auctioneer liable, for any matter in respect of the above. Bidder further agrees to repair, at his cost, any Lot purchased at the Auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the Lot may be out.
12. Care has been taken to ensure the accuracy of the catalogue but no sale shall be invalidated by reason of any defect or faults in any of the Lot(s) by reason of any of the Lot(s) being incorrectly described in the catalogue and no compensation shall be paid in respect of any such faults or errors in description.
13. The Auctioneer may offer Lots to internet bidders using its online service; however, Auctioneer shall not be liable for any claims or cots arising from its failure to do so. Inaccuracies in the catalogue or on the internet will under no circumstances relieve the Purchaser from responsibilities acted by Bidder Registration.
14. Without prejudice to clause 11, all Lots are sold without CE Marking unless specified otherwise. If any Lot has been described as CE Marked, the Purchaser acknowledges that this description has been provided by the Vendor. The Auctioneer makes no warranty as to the accuracy or authenticity of any CE Marking on any Lot.
15. The Auctioneer will use reasonable endeavours to ensure that all Lots appearing in the catalogue for sale are presented for sale at the Auction but the Auctioneer accepts no liability for loss or damage howsoever arising (included but not limited to costs of attendance of Bidders at the Auction) in the event that any Lot is withdrawn or otherwise is not presented for sale at any Auction.
16.1. EU Purchasers outside the United Kingdom
This does not apply to any item that bears a registration number – see 16.2.
VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%. The Purchaser will not have to pay VAT provided the Purchaser is validly registered for VAT in a European Union state outside the UK and provides to the Auctioneers satisfaction third party proof prior to payment. Proof includes a certified copy of your EU VAT certificate, Customers EU VAT registration number including the 2-letter country prefix code, ID and a completed transport documentation, specifically detailing the asset acquired (including registration numbers, serial numbers etc.) which proves removal from UK. All Lots must be exported from the UK within 30 days from date of Auction.
16.2. EU Purchasers outside the United Kingdom
Applies to any item that bears a registration number.
In accordance with HMRC procedures the following process will apply in relation to VAT refunds. As we do not control delivery of the goods, we must apply VAT to ALL purchases. Once the goods have left the UK an application can be made for a refund of the VAT- Provided the application is made within 3 months of the sale date. It is important to note that you must inform us of your intention to export so the VAT is not paid over to the vendor, failure to do so will result in no VAT refund to the Purchaser. We cannot refund applications received after this time in accordance with VAT notice 725 section 4.4.
An application for a VAT refund together with VALID DOCUMENTATION must be received within 3 months of the date of the auction sale to our accounts office at: Mid-Ulster Auctions Ltd, 1 Loves Hill, Castledawson Road, Magherafelt, Northern Ireland BT45 8DP Phone 028 7946 9564. The following documentation is required to support your claim for a refund.
Proof of re-registration in the country of arrival i.e. V5/Tax Book. Proof of removal MUST be confirmed before a VAT refund is issued.
Third party shipping/ transport documentation, specifically detailing the asset acquired (including registration numbers, serial numbers etc.) which proves removal from UK.
Customers EU VAT registration number including the 2-letter country prefix code – to be supplied at time of payment.
VAT refund form – fully completed, SIGNED and DATED.
ID for individuals involved – to be supplied at time of payment.
Certified copy of your EU VAT certificate and a certified English translation (if applicable) – to be supplied at time of payment.
16.3. NON EU Purchasers
VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%. The Purchaser can request a refund of this VAT from the Auctioneer provided the Purchaser provides to the Auctioneer satisfactory original bill of lading and shipping documents in connection with the purchased Lot. These documents must be provided to the Auctioneer not later than three months from date of Auction. It is important to note that you must inform us of your intention to export so the VAT is not paid over to the vendor. We cannot refund VAT if you do not make this clear.
16.4. UK Purchasers
VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%. This VAT amount can be reclaimed by the Purchaser from HM Revenue and Customs
16.5. VAT on Commission
All Purchasers will be charged VAT on the Commission at the rate of 20%
16.6 In all cases the Auctioneer reserves the right to make its own enquiries with any third parties necessary to ascertain if any evidence of VAT registration produced to the Auctioneer by the Purchaser for the purpose of reclaiming VAT is valid.
17. The Purchaser of any Lot will be charged Commission on the Hammer Price plus VAT. Any payments made by credit card under this Agreement will be subject to a non-refundable processing fee. Any payments made by cash under this Agreement will be subject to a cash handling charge. Cash will not be accepted as a means of payment unless the Auctioneer is in receipt of valid identification documents as required under money laundering regulations. If any purchaser fails to comply with any of the conditions, the Lot or Lots in respect of which such failure is made may, if the Auctioneer thinks fit, be put up again and resold at any time. If upon such resale, a lower price is obtained for any such Lot than was obtained on the first sale the difference in price shall be a debt due from the Purchaser in default upon the first sale, no Lot may be transferred.
18. Purchases to be paid for by cash, bank transfer, credit/debit card (chip and pin only) or bankers draft by sterling (GBP). Title of all purchased goods remains with the Vendor until payment has been received by MUA and cleared through our Bank. If payment has been made by Cheque the purchaser is to make good that payment should payment default. The credit/debit card you have saved against your profile will be used if payment is not received within the time period specified, then MUA reserve the right to charge the card registered for the full amount outstanding.
19. Each lot shall be at the Purchaser’s risk from the fall of the hammer but must be paid for in full by cleared funds before ownership in the Lot passes to the Purchaser. The Purchaser agrees to insure the purchased Lot against all losses from the Auction until removal of the Lot by the Purchaser.
20. The Purchaser, or its servants or agents, will be responsible for the loss or damage to the Lots purchased from the time of the Auction and neither the Auctioneer or its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control.
21. The Purchaser shall at its own expense take away the Lots purchased within three working days but not later than 2 weeks after the day of the Auction but not before payment to the Auctioneer of the Total Invoice Price. If any Lots are not so taken away by the Purchaser within the specified period Mid Ulster Auctions Limited reserves the right to sell the item(s) at the next Auction without reserve and forward all monies to you less Vendors Commission. Furthermore, where goods by agreement are stored after an Auction at the Purchasers’ request on either the Vendors or Auctioneers premises, the items so stored will be entirely at the risk of the Purchaser and no responsibility can be accepted by either the Vendor or the Auctioneer for loss, damage or destruction thereby arising. The Purchaser will be responsible for any removal, storage and insurance charges on any Lot not taken away within 2 weeks after the days of the Auction.
22. Bidder acknowledges and agrees that the acquisition, delivery, export, and ownership of certain products or source of funds for such products are subject to international, federal, state, and local regulations. Bidder expressly represents that it is presently in full compliance with and shall continue to comply with all applicable international, federal, state and local laws, statutes, ordinances and regulations relation to the acquisition, delivery, export, and ownership of any Lots as may be required by Bidder.
23. All damage done to the Premises at which the Auction takes place or to Lots or any part or parts thereof occasioned by such removal and all damage occasioned by a removal by the Purchaser, shall be made good by the Purchaser and principals shall be responsible for the acts of their servants and agents.
24. Neither a Bidder nor any person affiliated with, or as agent of, a Bidder shall collude with any Vendor or any other Bidder in the making of bids for Lot at the Auction.
25. Vendors may not bid on for any Lot or Lots they have entered for Auction. If so this will result in the Vendors being charged all Commission lost on the sale/invoice amount.
26. It is the responsibility of those Vendors leaving in items to be sold to ensure if such items have been sold at the auction and if not to make arrangements for their collection.
27. All items not sold during the Auction must be collected within 2 weeks of that auction or the period specified. If items are not lifted within the specified period Mid Ulster Auctions Limited reserves the right to sell the item(s) at the next auction without reserve and forward all monies to you less Vendor Commission.
28. Upon failure to comply with the conditions and terms of sale, the money deposited in part payment shall be forfeited, the Purchaser paying there out all just expenses and the Lot shall be resold by public or private sale and the deficiency (if any) arising upon the resale together with the expenses thereof shall be made good by the defaulter at this sale.
29. The Auctioneer is prepared to accept Commission bids on behalf of any intending Purchasers who are unable to attend a sale provided such Commissions are given in writing, in which event they will be carried out free of charge to the intending Purchaser. The Auctioneer is not responsible for, nor in any way connected with, Commission to purchase Lot(s) given to any member of staff other than by the Auctioneer.
30. Neither the Vendor nor the Auctioneer accept responsibility for duties (if any) by the Health & Safety Act 1974 and or Health & Safety at Work (N.I.) Order 1978 or any other statutory provision and the Purchaser accepts responsibility for ensuring that the requirements of any such statutory provision are complied with.
31. References to acts of parliament shall be deemed to include all acts, orders and statutory instruments enlarging, re-enacting or amending the same as in force from time to time.
32. All items entered for auction are at Vendors own risk.
33. This Agreement can only be amended or varied by written agreement between the parties and constitutes the entire agreement between the parties and overrides prior contracts or agreements or understandings between the parties in relation to the sale by Auction and ensures for the benefit of and is binding upon the heirs, executors, administrators, successors in title and assigns of the parties herein.
34. The Purchaser accepts that Auctioneer may vary the invoice in relation to lots bough as a direct result of errors in buyer numbers during sale day. Auctioneer will endeavour to minimise this possibility at all times; however, buyers will accept lots bought at auction.
35. The Purchaser may also be Vendor and the Auctioneer can contra both accounts. In relation to Contras:
The Purchaser agrees that where a contra has been applied to the Purchaser’s account the Auctioneer reserve the right to move or amend this at a later date. Should this occur the new Invoice will supersede any previous invoices or pro-forma and the Purchaser will be liable for any outstanding amount.
The Purchaser agrees that contras will be made against the oldest outstanding debt.
36. The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by UK Law and the parties submit to the non-exclusive jurisdiction of the UK Courts.
DISCLAIMER AND INTELLECTUAL PROPERTY NOTICE
While Mid Ulster Auctions Limited has attempted to ensure the accuracy of all information published on this website; it is possible that some sections may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with us before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on this website that you accept that we will not be liable for any action you take in reliance on the information provided.
While every attempt has also been made to fairly present each item online, images shown may not be the actual product but generally represents the product, set or assortment which includes the product. Any images, logos or text on this website may not be reproduced, downloaded or copied in any shape or form without prior written consent of Mid Ulster Auctions Limited.
In no event will the company or its officers, directors, employees, agents, or suppliers be liable punitive or consequential damages such as damages for work stoppage, computer failure, Internet or power outages, malfunction, lost profits, lost business or lost opportunity, or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory), even if the company has been informed of the possibility thereof.
For any queries, please contact us.