General Auction Terms & Conditions
These Terms and Conditions of Sale apply to all items offered for sale by Witham Specialist Vehicles Ltd.
Published auctions by Witham Specilaist Vehicles should not be understood as a contractual offer in terms of law, but should be deemed as an invitation to the bidder to submit binding bids.
The term Buyer in the following provisions is defined as a person, a legal entity or a partnership of legal capacity, who upon conclusion of a legal transaction, acts for and within its commercial or individual professional duties on behalf of a business.
Witham Specialist Vehicles Ltd, reserves the right to modify these Terms and Conditions of Sale at any time and any such modification shall become part of these Terms and Conditions of Sale. By participating in a sale, the buyer agrees to be bound by these Terms and Conditions of Sale.
By pressing the"Bid Now", "Submit bid" and "Confirm bid" buttons on the website, each Buyer gives an undertaking to Witham Specialist Vehicles Ltd that they are acting as an Individual, a Registered Company, Self-Employed, Sole Trader or Reseller.
Witham Specialist Vehicles Ltd requires that prospective buyers provide a suitable email address so that they may be contacted in relation to lots won, collection and payment as well as future sales events if requested. A prospective buyer's registration will not be approved until they receive and acknowledge the email verification that is sent to them as part of the registration process.
Prospective buyers are also advised to ensure that emails from the above addresses are not directed to their "junk" folder or equivalent.
All items are sold by Witham Specialist Vehicles Ltd on the basis that the terms implied by sections 13, 14, and 15 of the UK Government Sale of Goods Act 1979 as to description, satisfactory quality, fitness for purpose and sale by sample are not applicable.
The Buyer's placement of a bid for purchase of the Goods constitutes acceptance of the said Goods "as is", "where is" and ex-works. By purchasing the Goods the Buyer is deemed to have examined, or had the opportunity to examine the Goods, and agrees that the Goods are in every particular, fit for the purpose and use required by the Buyer.
Witham Specialist Vehicles Ltd disclaims all warranties, expressed and implied, with respect to the Goods including and without limitation any implied warranties of merchantability, fitness for a particular purpose, or freedom from latent defects. The Buyer is reminded that Witham Specialist Vehicles Ltd is neither the manufacturer of the Goods nor an agent of the manufacturer and that the only warranty, if any, with respect to the Goods, is vested with the manufacturer.
Neither Witham Specialist Vehicles Ltd nor their Seller, shall be liable to the Buyer for any claims for damages, losses, costs, penalties, expenses, legal fees, or for any other liabilities of any nature whether arising in contract, tort, or otherwise howsoever caused including without limitation any claims resulting from damage to property caused in whole or in part, directly or indirectly, by the Buyer, its representatives, agents or any third parties arising out of or in connection with the condition, use, operation, transportation, maintenance, possession, rental or sale of the Goods to a third party, negligence, breach of warranty conditions, delay, interruption of business, stoppages of work, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, unavailability of the Goods, or any cause whether avoidable or otherwise (collectively known as "specified claims").
The Buyer shall indemnify, defend, and hold the directors, officers, employees, agents and subcontractors of Witham Specialist Vehicles Ltd and their Seller, harmless from and against any and all specified claims.
DESCRIPTION OF SALE
All potential bidders are advised to read the information provided in the lot information and the procedures included in these Terms and Conditions of Sale, and to inspect the Goods before bids are submitted. There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All Goods will be displayed for on-site viewing, but Witham Specialist Vehicles Ltd is not required to move items in order to facilitate inspection.
Information provided by Witham Specialist Vehicles Ltd is not guaranteed and should not be considered as a substitute for the prospective Buyer's due diligence in physically inspecting the Goods.
The buyer shall be responsible for adherence to safety, licensing and environmental protection requirements as well as for applying for operating permits.
Witham Specialist Vehicles Ltd reserves the right at any time, without giving any reason or cause, to refuse any individual or organisation access to any or all sales.
At its absolute discretion, Witham Specialist Vehicles Ltd reserves the right to reject any, or all bids.
Witham Specialist Vehicles Ltd cannot guarantee that its system for placing, receiving, collecting and tabulating bids over the Internet will be available without interruption, free from errors or other defects. Neither shall Witham Specialist Vehicles Ltd accept any liability with respect to any claim or allegation that a prospective Buyer's bid was not received, properly or effectively processed, or accepted due to technical errors or problems with the auction system of the Website.
Where applicable Proxy Bid increments of MINIMUM 5 GBP for all Sales are required. This feature will hold the prospective Buyer's bid, automatically raising it by 5 GBP increments in response to other bids until either the prospective Buyer has been successful in winning the Lot, or their pre-determined bidding limit has been reached.
No adjustment will be made to the winning bid due to any error in the bidding process, or any other discrepancy regarding description, condition, quantity, or other factors that may influence the final bid price of a Lot.
Payment in full is required within 3 working days of the presentation of successful bidder email and the Buyer is required to pay the total purchase price before the Goods may be removed either from Witham Specialist Vehicles Ltd premises or from the location where the Goods have been made available for sale. Collection must be within 7 days of Invoice date. Failure to collect will result in storage charges. Repackaging charge of 15 GBP plus VAT per Lot.