These are the conditions applying to all sales by timed online auction (“Auctions”) managed by Wyles Hardy & Co Limited (registered in England under number 2598566 and registered at 9 Bonhill Street, London, EC2A 4DJ) (“Wyles Hardy & Co Ltd”). Timed Online Auction Sales utilise licensed software and remote servers operated by bidspotter.com and bidspotter.co.uk and we refer you to their terms and conditions detailed on www.bidspotter.com and www.bidspotter.co.uk. The goods offered for sale (“Goods”) in lots (“Lots”) at timed online Auctions are owned by the persons selling them (“Vendor”), for whom Wyles Hardy & Co Ltd is only an agent. Wyles Hardy & Co Ltd does not sell on its own account and the buyer of the relevant Lot (“Buyer”) buys the Goods from the relevant Vendor (“the Contract”). The Vendor may sell to the Buyer subject to additional terms. Wyles Hardy & Co Ltd facilitates the purchase through the timed online Auction. These Conditions of Sale by timed online Auction contain some terms between the Buyer and Wyles Hardy & Co Ltd in respect of the timed online Auction and some terms that include the Vendor too. These Conditions of Sale by timed online Auction incorporate the bidspotter.com and bidspotter.co.uk terms and conditions and the relevant Schedule and Notices to Purchasers document (“Schedule”) in respect of a particular Auction. To the extent there is any inconsistency between the documents, the order of precedence is this document, then the bidspotter.com and bidspotter.co.uk terms and conditions, then the Schedule. All documents are subject to addition or variation by notices posted on www.wyleshardy.com.
Parties attend the Premises or such other place from where the Goods are stored (“Site”) at their own risk and neither the Vendor nor Wyles Hardy & Co Ltd will be individually or collectively liable for any loss or damage, death or personal injury, howsoever occasioned, to any party or property which may be present on the Site, for whatsoever purpose, except that nothing shall exclude either the Vendors’ nor Wyles Hardy & Co Ltd’s liability for death or personal injury caused by its respective negligence.
- Wyles Hardy & Co Ltd acts as agents only, on behalf of the Vendor.
- Where the Vendor is a company in receivership or liquidation or administration, the receiver or liquidator or administrator will not have any personal liability whatsoever under the Contract, except for death or personal injury caused by his negligence.
- CONDITION/DESCRIPTIONa. All statements contained in the catalogue or referred to in the catalogue relating to the Goods (“the Catalogue”) are made without responsibility on the part of the Vendor or Wyles Hardy & Co Ltd. All statements contained in the Catalogue or referred to in the Catalogue in respect of authenticity, origin, date, age, period, condition, attribution, quantity, measurement or weight of the Goods are statements of opinion and are not to be taken as implying statements or representations of fact.b. Wyles Hardy & Co Ltd makes no warranty or representation as to the anticipated or likely selling price of any Lot or item or of its value. Any written or oral estimate given by Wyles Hardy & Co Ltd or its employees or agents as to the estimated selling price of a Lot is a statement of opinion only, and may not be relied on as an indication of the actual selling price or value.c. All illustrations, photographs, pictures or images contained in the Catalogue or elsewhere regarding the Lot are for identification purposes only. They may not be an accurate reproduction of the Lot.
d. The Goods are sold as they lie with all faults, imperfections and defects. The Buyer shall be deemed to have inspected and approved the Goods. The Buyer buys at his own risk and with notice of all faults, imperfections and defects. The Goods are sold by the Vendor as seen and inspected by the Buyer.
e. No warranty is given by the Vendor or Wyles Hardy & Co Ltd that the Goods comply with the Health and Safety at Work Act 1974, any statutory amendment or re-enactment thereof, any regulations made thereunder or any other applicable health and safety law. Consequently, Buyers undertake to carry out any necessary work in order to ensure that each Lot conforms with the law before the Lot is put into use.
f. No Lots are supplied as new as regards the Consumer Protection Act 1987 or any other product liability law.
g. Wyles Hardy & Co Ltd and the Vendor do not represent Goods sold by Auction as being in a condition which makes them suitable for domestic use. Despite the above, should Buyers intend to supply any Goods for domestic use, they should ensure that the Goods comply with the requirements of the Furniture and Furnishings (Fire Safety) Regulations 1988 or any other similar law.
h. Certain types of plant and machinery and ancillary equipment can contain hazardous materials, chemicals, etc. Buyers must ensure that the removal of such hazardous materials, chemicals, etc. from the Site is carried out in accordance with the Health and Safety at Work Act 1974 and Control of Substances Hazardous to Health Regulations 1988 (COSHH) and any other relevant Act of Parliament, Regulations or relevant Legislation covering such substances.
- BIDDINGa. Subject to the rest of the Conditions of Sale by timed online Auction, the highest bidder shall be the Buyer, subject to the Approval by the Auctioneers and/or the Vendor. The sale price is exclusive of the buyers premium and VAT.b. The conduct of the sale shall be at the Auctioneers’ discretion, the Auctioneers may impose any condition on bidding and it is their right to refuse any bid.c. If a dispute of whatsoever nature arises, the decision of the Auctioneers will be final and binding on all parties.
d. No bid may be withdrawn after the completion of the bidding process.
e. The Vendor and the Auctioneers reserve the right to fix reserves on any Lot and to bid either themselves or by their agents and to alter, vary or withdraw any Lot prior to or during the sale.
f. The Vendor and the Auctioneers reserve the right to advance the bidding as they decide.
- PAYMENTa. Payment in full must be made by telegraphic (CHAPS) or electronic bank transfer or such other means as Wyles Hardy & Co Ltd accepts in its discretion, in accordance with the Notice to Purchasers and prior to the clearance of any Lots purchased.b. All offers are deemed to be made exclusive of VAT and the Buyer must pay VAT in addition, where appropriate, at the prevailing rate.c. Full payment is not deemed to be made until payment has been received by Wyles Hardy & Co Ltd’s banker’s clearance.
- BUYERS PREMIUM AND VALUE ADDED TAXThe Buyer shall pay a xx% premium (please see the schedule to purchasers to confirm the level of premium payable) on the purchase price of each lot sold together with the value added tax at the current rate (20%) on the purchase price of each lot and on the premium.
- TITLE & RISKa. Legal and equitable title to the Goods will not pass to the Buyer until the later of the price for the Goods having been paid in full (together with any applicable costs of transport and storage following the sale) and the Buyer having removed the Goods from the Site.b. All Goods sold shall be the sole responsibility and at the risk of the Buyer from the acceptance of the bid, even if the Vendor or Wyles Hardy & Co Ltd move the Goods on or from the Premises. In no circumstances will Wyles Hardy & Co Ltd, the Auctioneers or the Vendor be held responsible if any Lot or part thereof is lost, stolen, damaged or destroyed after the acceptance of the bid. Buyers are therefore advised to effect immediate and adequate insurance cover.c. Wyles Hardy & Co Ltd is acting as agent for the Vendor and does not own the Goods itself, nor does Wyles Hardy & Co Ltd warrant the Vendors’ title to any Goods sold. The Vendor transfer the Goods with such title as it has.
- CLEARANCEa. Removal of the Goods from the Site shall be the responsibility of the Buyer, who shall remove the Goods on or before the date specified in the Notices to Purchasers having made prior arrangements so to do with Wyles Hardy & Co Ltd.b. The Buyer will be responsible for obtaining at its own expense all necessary labour and plant for the removal of the Goods. Where the Vendor or Wyles Hardy & Co Ltd give assistance to the Buyer in connection with such removal, such assistance is given entirely at the Buyer’s risk.c. The Buyer will indemnify and keep indemnified the Vendor and Wyles Hardy & Co Ltd against all liability, loss, damage, injury or death howsoever and by whomsoever caused to the Site or anything or person therein or thereupon arising from or in the course of the removal of the Goods.
d. The buyer has no right to anything which is not detailed or described in the auction catalogue.
e. In accordance with the Health and Safety at Work Regulations the buyer may be required to provide a method statement and/or risk assessment for approval by the Vendor and Vendors agent prior to the removal of any lots. Please refer to the Specific Notices to Purchasers.
- DEFAULT BY BUYERa. If the Buyer fails for whatever reason to either pay for or remove the Goods on or before the date specified in the Notices to Purchases, the Vendor will be entitled to rescind the Contract forthwith without incurring any liability whatsoever to the Buyer and upon such rescission the following provisions will apply:a. Any sums paid by the Buyer towards the purchase price will be forfeited to the Vendor.b. The Vendor will be entitled to resell the Goods publicly or privately but the Vendor shall not be liable to account to the Buyer in the event of a resale at a higher price than the price contracted to be paid by the Buyer.
c. The Buyer will be liable for all liabilities, losses, damages, costs and expenses whatsoever suffered by the Vendor or Wyles Hardy & Co Ltd as a result of the failure to remove the Goods by the required date or arising from the resale of the Goods provided that any sums forfeited to the Vendor under the foregoing provisions will be credited against such liability, loss, damage, cost or expense but further that if such liability, loss, damage, cost or expense is less than the sums forfeited the Vendor shall be under no obligation to make any refund to the Buyer for any such items.
d. If the Vendor or Wyles Hardy & Co Ltd reasonably consider damage is likely to occur in removing the Goods from the Site, the Buyer may be required to deposit such sum of money by way of security for the costs of reinstating the Site as the Vendor or Wyles Hardy & Co Ltd in their absolute discretion may think fit. If the Buyer refuses to deposit such money the Vendor may refuse the Buyer access to the Site for the purpose of removing the Goods and the Buyer will be deemed to be in default.
- GENERALa. Neither the Vendor nor Wyles Hardy & Co Ltd shall be liable to the Buyer for any delay in or failure to perform its obligations as a result of any cause beyond its reasonable control.b. Where the Buyer is more than one person the duties and obligations of the Buyer will be joint and several.c. The Buyer will not be entitled to set off any sum due to the Vendor under the Contract against any sums due from or liability of the Vendor to the Buyer in respect of dealings between the Vendor and the Buyer prior to the date of the Contract.
d. The parties intend that Wyles Hardy & Co Ltd and the relevant Buyer, together with the Auctioneers, Vendor, receiver, administrator and liquidator may enforce their rights under these Conditions of Sale by Auction, pursuant to the Contracts (Rights of Third Parties) Act 1999.
e. These Conditions of Sale and the Contract shall be subject to and construed in accordance with English law and the parties hereto submit themselves to the jurisdiction of the English Court.