Terms & Conditions

"THE RULES" shall mean the conditions applicable to the AUCTION PREMISES and as displayed by NOTICE at the AUCTION PREMISES

All parties agree to accept these CONDITIONS as binding on them copies of these CONDITIONS will be supplied on request - free of charge. Your attention is specifically drawn to CONDITION 1. It is important in the interests of all parties that these conditions be read before selling, bidding for or buying any vehicle.

1. Unroadworthy Vehicles. The PURCHASER hereby agrees that a vehicle (as detailed overleaf) will not be used on any road until it is

put into a roadworthy condition as required by Law if it:

(a) Does not have a valid D.O.E. Test Certificate or Ministry of Transport Plating Certificate or any other Certificate where one is required by law.

OR

(b) Is in such a condition either by reason or its construction, the state of its brakes, steering, tyres, lighting equipment,

reflectors or other parts that it is unroadworthy.

2. The Terms

(a) "VENDOR" used in these Conditions shall include the owner of the vehicle, his authorised agent and any other person

offering the vehicle to the Auctioneers for SALE whether he be authorised by the owner or not.

(b) "PURCHASER" used in these Conditions shall Include the person whom the vehicle is sold by private treaty the highest bidder,  the person declared by the Auctioneers as being the Purchaser and If any of the aforesaid persons are acting for a principal, the principal himself.

(c) 'SALE" used in these Conditions shall include SALE by private treaty as well as SALE by auction.

3.  The statements contained on the entry form signed by the VENDOR or his agent are accurate.

4.  The Auctioneers are acting only as agents of the VENDOR and are not personally liable under any contract of SALE or intended contract of SALE with any PURCHASER or intending PURCHASER of any vehicle entered for SALE by the VENDOR, nor for any representation made about any such vehicle.

5.    No vehicle will be accepted for SALE unless the appropriate entry form has been fully completed. The registration document (V5)

and test certificate where applicable must also be handed to the Auctioneers and payment for the vehicle will be withheld until this is produced. The particulars given on the entry form and the description of the vehicle contained therein form the basis at the contract between the 'VENDOR and the PURCHASER and the Auctioneers shall not be liable to account to the VENDOR or the PURCHASER for any loss which may arise through the use of such particulars or description in any SALE.

6. The Auctioneers shall be entitled to an entry fee and commission at the rate currently displayed in the premises, this charge is subject to VAT at the current rate. The commission will be payable by the VENDOR at the time of SALE.

7.  If any vehicle entered for the SALE Is not sold by auction but is subsequently sold by the VENDOR to a PURCHASER who attended the auction on the day of SALE that SALE shall be deemed to have been effected by the Auctioneer and a commission at the current rate as displayed on the reserve price or Auctioneers Valuation shall be payable by the vendor at the time of SALE.

8.  If a reserve price is not stated on the appropriate place on the entry for the vehicle will be sold without reserve.  All vehicles which are 6 or more years' old shall be deemed to be entered for SALE without a reserve and shall be offered accordingly. Notwithstanding this, the auctioneer shall have the power at his discretion not to sell a vehicle to the highest bidder if in his expert opinion the highest bid does not reflect the value of the vehicle. Where applicable an entry form bearing the words "NETT" or "CLEAR" will be construed by the Auctioneers to indicate authority to sell at the price stated on the form.

9.   Vehicles will not be released until they have been through the SALE room or the Auctioneers have ceased selling for the day.

10. In the event of any vehicle entered for SALE and incorrectly described by the VENDOR the AUCTIONEERS reserve the right to dispose of such a vehicle without reserve and without consultation with the VENDOR at the next SALE.

11. Vehicles sent to the Auctioneers for SALE and left on the premises are so left at the VENDOR'S risk up to the time of SALE and the PURCHASER'S risk thereafter. The Auctioneers accept no responsibility for loss or damage no matter how arising. If vehicles are demonstrated to prospective PURCHASER they are run at the VENDOR'S risk.

12. Except where a vehicle is sold "WITHOUT WARRANTY" the PURCHASER has until 12 noon of the day following the SALE to report any faults to the Auctioneers. The Auctioneers reserve the right to insist that the vehicle is returned to them for verification of any complaint as defined under the limits of the warranty. The Auctioneers decision shall be final and binding on the VENDOR and PURCHASER. If the decision is against the VENDOR he shall nonetheless pay commission at the current rate on the price at which the vehicle was sold.

13.  Title does not pass until the full balance has been received and cleared the auctioneers account.

14. If the vehicle sold is not paid for by 12 noon of the third working day following the SALE any deposit paid by THE PURCHASER will be forfeited unless special arrangements have been made with the Auctioneers prior to the SALE.

15. Once a vehicle is entered for SALE, it may be withdrawn only after being offered for auction or on payment to the Auctioneers of commission at the current rate.

16. Any vehicle entered for SALE which is not sold will be automatically entered In all subsequent SALES unless the VENDOR notifies the Auctioneers in writing that this should not happen. Full Entry Fee will be charged.

17. Every PURCHASER will be deemed to have inspected the bodywork for accident damage, the condition of paintwork, rot (either internal or external) and all the tyres, and no warranty condition or representation is in any circumstances given or to be implied in relation thereto.

18.  The mileage recorded on speedometers or other instruments may not be accurate, and such readings are not and must not be taken to be descriptive of the age or mileage of any vehicle and no warranty condition or representation Is given or to be implied In respect thereof.  Any person tendering a bid will be deemed to accept that such reading may be inaccurate.

19. It shall be a condition of every SALE that the PURCHASER shall pay to the Auctioneers forthwith after SALE and before removal of the vehicle an Indemnity Fee at the current rate as displayed In the auction halls.

20. The Indemnity Cover is such that if the vehicle purchased has been stolen or is subject to an undischarged Hire Purchase Agreement, and is to be repossessed the purchase price will be repaid In full. The period of this guarantee will be one year from the date of purchase and will be limited to the purchase price of the vehicle, subject to all legal rights being transferred to the Auctioneer.

21. No warranty condition or representation is given or to be implied in the case of any vehicle sold "WITHOUT WARRANTY".  Any such vehicle is bought with all its faults save that the VENDOR warrants that the stated year of guarantee is correct.

22. If any warranty or representation shall be found to have been made inadvertently and in good faith by SMA Vehicle Remarketing arising solely and exclusively from an express announcement based on information provided by the VENDOR and/or stated by the VENDOR on the entry form then such warranty or representation shall be deemed to be a warranty or representation made by the VENDOR who shall indemnify SMA Vehicle Remarketing from and against any liability therefore whatsoever and howsoever arising.

23.  In the event of a dispute or any legal action the remedy shall be between the PURCHASER and the VENDOR only. The Auctioneers shall be regarded as the agents of a disclosed principal, and under no circumstances shall they be held liable.

24. In the event of any vehicle being returned for not being declared as an "INSURANCE TOTAL LOSS", the Indemnity Fee will not be refunded to the PURCHASER, and the Auctioneers reserve the right to charge commission on the original SALE price together with any expense incurred by the PURCHASER.

25.  No view pass will be given to any vehicle sold under a NO WARRANTY term until the vehicle is paid for in full.

26.  Funds are due on the fall of the hammer.

 

SMA Vehicle Remarketing registered in England and Wales 6774529

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Our grading system is changing

NAMA grading has been developed to provide a long awaited industry standard grading scheme to be used across all auctions within the UK.

We have now introduced NAMA grading across our sites, and over the coming weeks you will notice more vehicles being offered for sale displaying a NAMA grade. These grades are easy to identify as they are 1,2,3,4,5 and U in place of the SMA grades A,B,C,D and E.

Please make sure you have familiarised yourself with the grades. We will still produce condition reports providing additional information for each vehicle as we always have.