APPLICATION OF TERMS
1.1These are the terms and conditions that apply to Sales, together with the Special Conditions, and to the use of Our Website.
1.2 Please read these terms and conditions carefully before bidding on any Lots or using Our Website. You should understand that by accessing Our Website or bidding on any Lots, You agree to be bound by these terms and conditions, subject to any amendments contained in the Special Conditions. In the event of any conflict between these terms and conditions and the Special Conditions, the Special Conditions shall prevail. No offers or Bids made by You shall alter or qualify these terms and conditions unless We specifically confirm this in writing.
In these terms and conditions the following words and expressions shall have the following meanings:-
“Auction” means an Online Auction;
“Bid” means any offer to buy a Lot (whether as part of an Auction or any other type of sale);
“Bidder” means any party making a Bid;
“Buyer” means a party who buys a Lot from a Vendor;
“Catalogue” means our catalogue detailing Lots being sold by a Vendor;
“Contract” means a contract between a Buyer and Vendor for the purchase of a Lot;
“Lots” means those items being offered for sale by Vendors to Buyers at Auctions;
“Online Auction” means an auction for the purchase of a Lot which is conducted on Our Website;
“Our Website” means www.truckandplantassets.com;
“Private Treaty Sale” means the Sale of a Lot by negotiation between the Vendor and the Buyer which is not a Tender Sale, Online Auction or Offline Auction;
“Sale” means the sale of a Lot by a Vendor to a Buyer whether by Online Auction, Offline Auction, Private Treaty or Tender;
“Special Conditions” means any special conditions relating to a Sale which are contained on Our Website or in the relevant Catalogue;
“Tender Sale” means the Sale of a Lot by way of a tender process with a fixed closing date (subject to these terms and conditions);
“Vendor” means the party who sells a Lot;
“We/Us” means Truck And Plant Asset Management Limited;
“You” means a party who Bids on or buys a Lot.
3.INFORMATION ABOUT US
Truck And Plant Asset Management Limited are located at 176-177 New Road, Skewen, Neath Port Talbot, SA106HD.
We reserve the right to refuse Bids from, or restrict bidding from certain countries, organisations, corporate entities, or individuals, and to deny or restrict access to Our Website.
5.OUR STATUS AND YOUR STATUS
5.1Please note that we offer Lots for sale and conclude Contracts as agents on behalf of Vendors. The resulting legal contract is between the Buyer and that Vendor and We are not responsible for any action or default on the part of the Vendor or Buyer.
5.2If You Bid for a Lot You warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
5.3You are deemed to be bidding on Lots as a principal on your own behalf, unless We expressly acknowledge in writing that You are acting as the agent for another party. If We do so acknowledge that You are acting as an agent for a principal then You warrant to Us that You have the requisite power and authority to conclude Contracts on behalf of that principal.
6.CONDUCT OF SALES AND FORMATION OF CONTRACTS
6.1 All Bids for Lots being sold in an Online Auction must be made via Our Website (unless we specifically permit otherwise in writing), and will be acknowledged by an automatically generated email. Your Bid constitutes an offer to buy a Lot from the Vendor subject to these terms and conditions and any applicable Special Conditions. All Bids are subject to acceptance and if We accept your Bid on behalf of the Vendor We will confirm such acceptance to You by issuing an invoice to you. The Contract between You and the Vendor will only be formed when we send You this invoice.
6.2 When Lots are sold by way of an Offline Auction the highest Bidder at the fall of the hammer shall be the buyer of that Lot should their Bid be accepted by Us. We reserve the right to refuse any Bid without giving a reason for this. All Bids constitute offers to purchase Lots from the Vendor subject to these terms and conditions and the Special Conditions and no Contract shall exist until such Bids are accepted by Us.
6.3 You may bid online for Lots being offered for sale in an Offline Auction at any time up to 2 hours before the Auction begins, unless the Special Conditions provide otherwise, or We provide otherwise in writing to You, or on Our Website.
6.4 Bids for Lots offered for sale by way of a Tender Sale must be made by submitting a Tender Form available in the Catalogue, or via Our Website.
6.5 Tender Sales will specify a closing date and time (“the Closing Time”) by which Bids should be made. Please note that We reserve the right at all times to:
6.5.1consider or accept Bids on behalf of Vendors prior to the specified Closing Time; and
6.5.2 alter, shorten or extend any Closing Time, and inform any potential Bidders that we are considering a Bid or Bids in respect of a Lot, up until a new closing time;
and we shall endeavour to inform all potential Bidders in the event that a Closing Time is being changed.
6.6 No Contract shall be formed in respect of a Tender Sale until we confirm the acceptance of your Bid to You in writing by issuing the relevant invoice.
Private Treaty Sales
6.7 Private Treaty Sales shall be conducted in accordance with these terms and conditions as altered by any relevant Special Conditions and/or other conditions specified by the Vendor, and no Contract shall be formed in respect of Private Treaty Sales until we confirm this to You in writing by issuing the relevant invoice.
6.8 We and the Vendor reserve the right to refuse any Bid and shall be under no obligation to accept that the highest Bid for a Lot, and will be entitled to accept the whole or any part of any Bid.
6.9 We reserve the right of admission to all Auctions and Sales including admission to any sale room or premises, or via Our Website, and the conduct of Sales shall be at our sole discretion.
6.10 Buyers in attendance at Offline Auctions will be asked to register their name and address and will be handed a “Buyers Bidder Number” under which to Bid for Lots. Buyers who Bid for Lots on Our Website will be identified by the User ID they have used to log in to Our Website.
6.11 Bids may be not withdrawn.
6.12 We and the Vendor reserve the right to fix a reserve purchase price on any Lot, and may withdraw consolidate or divide any Lot at any time.
6.13 The Vendors may Bid for any Lot themselves or through Us, or by another agent approved by Us.
6.14 We reserve the right to accept commissioned Bids to purchase Lots on behalf of Bidders, providing such commissioned Bids are given in the appropriate written or electronic form, and are accepted by Us. To commission Bids You should complete the tear-out proforma included at the back of the relevant Catalogue, or complete the online form on Our Website where available, indicating the maximum price You would be prepared to Bid for each of the Lots You would like to buy, or in the case of non Auction Sales, your Bid amount. Provided we accept your commissioned Bid we will then Bid on your behalf. We are not responsible for any instructions to purchase Lots given to sale porters.
6.15 You may inspect Lots only on lots stated “Viewing Available” and at the times and at the premises specified on Our Website or otherwise specified by Us, and to satisfy yourself on all matters affecting the Lots before Bidding.
6.16 When inspecting Lots You must not damage, dismantle or move them or plug any equipment in to electric supply outlets.
7.YOUR USE OF OUR WEBSITE
We may provide links on Our Website to the websites of other companies, whether affiliated with Us or not. We do not give any undertaking or warranty in relation to the content of such websites.
No part of Our Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
While We endeavour to ensure that Our Website is normally available 24 hours a day, We shall not be liable if for any reason it is unavailable at any time or for any period.
Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
While We try to ensure that the information on Our Website is correct, We do not warrant its accuracy and completeness. We may make changes to the material on Our Website at any time without notice.
In order to use Our Website to make Bids You must create an account with a registered User ID and password. You are responsible for activity undertaken under that User ID and password and must ensure that you keep these safe and do not allow any other person access to them.
8.COLLECTION, HANDLING AND CONDITION OF LOTS
8.1 Unless specified otherwise in the Special Conditions:
8.1.1 Buyers will be responsible for collection and removal of Lots purchased by them and must provide their own labour and equipment to effect such removal. Removal of Lots is at the Buyer’s expense and risk;
8.1.2 no Lot or part thereof can be removed until payment is made in full for it, together with payment of all other amounts due from You to us or the Vendor (and for the avoidance of doubt where any part of the payment is made by cheque this cheque must clear to our satisfaction prior to removal of the relevant Lot);
8.1.3 no Lot shall be cleared without our authority, and no Lot shall be cleared unless We or our employees or agents are present; and
8.1.4 removal of Lots shall take place only up to 5pm on the day of collection and must be completed by 5pm.
8.2 We may at our discretion require the payment of a deposit prior to and/or during the removal of any Lots, which will be refunded on such removal being completed to our satisfaction. If the Buyer refuses to deposit such monies, we or the Vendor may refuse the Buyer access to the relevant premises for the purposes of removing the Lot and/or to rescind the Sale without penalty.
8.3 All equipment used for lifting and transporting heavy items which have been purchased, including but not limited to fork lift trucks and other lifting devices, shall be fit for their purpose and for safe operation and covered by appropriate insurance and registration documents. This documentation may be required by Us or the Vendor for inspection and we may refuse permission for the Buyer to use any such devices which we consider not to comply with the foregoing requirements.
8.4 The Buyer hereby indemnifies us and the Vendor against and will make good any injury or damage to persons or property caused by it when handling Lots, and shall insure against this obligation and indemnity.
8.5 The Buyer shall have no right to anything not described on Our Website.
8.6 In exceptional circumstances we may agree to deliver Lots to You or store Lots bought by You in which case the following conditions shall apply, unless we agree otherwise in writing:
8.6.1 delivery of the Lots shall take place at our place of business;
8.6.2 the Lots shall be at Buyer’s risk from the time the Sale ends;
8.6.3 You shall take delivery of the Lots within 2 days of Us giving notice that the Lots are ready for delivery;
8.6.4 Any dates specified by Us for delivery of the Lots to You are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time;
8.6.5 Subject to the other provisions of these conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Lots (even if caused by our negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days;
8.6.6 We may store the Lots until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and
8.6.7 The Buyer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for taking delivery of the Lots.
8.7 Appropriate protective clothing, such as hard hats and safety shoes, must be worn during any removal or transportation activities involving Lots and due regard paid to relevant handling practices, laws regulations and codes of practice as well as any of the Vendor’s or our safety stipulations.
8.8 All electrical installation must be left in a safe condition during and after the removal of Lots and the use of explosives, flame cutting equipment or any other potentially hazardous or inflammatory process, shall not be permissible on the site without our express written consent.
8.9 It is expressly brought to your attention that, at the time of sale, any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with relevant Health and Safety or any other legislation governing the use of that plant, machinery or equipment, and no warranty is given that any Lots will so comply. From the conclusion of the relevant Contract it is the Buyer’s responsibility to ensure that such Lots will be safe and that their use does not contravene any legislation.
8.10 Certain items included in Lot(s) could contain blue and white asbestos, dangerous chemicals, or other substances which if not handled correctly during their removal from the site could result in a breach of Health and Safety legislation or other relevant legislation. It is the Buyers responsibility to comply with this legislation from conclusion of the relevant Contract.
8.11 Neither We nor the Vendor represents that any Lot sold which comprises furniture or furnishings subject to the Furniture and Furnishings (Fire & Safety) Regulations 1998, or similar legislation, are in a condition which makes them suitable for domestic use. Prior to supplying such Lots for domestic use the Buyer must therefore ensure that they comply with the requirements of such laws and regulations.
8.12 Buyers must ensure that any motor vehicles forming part of the Lots comply with all relevant Laws and Regulations and have all necessary permits, certificates and authorisations before being used and neither We nor the Vendor warrant the accuracy of any recorded mileage on any motor vehicle forming part of the Lots.
8.13 The Buyer undertakes not to disclose or make available to any third party any unlicensed software loaded on any computer equipment forming part of Lots, or any part thereof. The Buyer further undertakes to erase any such unlicensed software at the earliest opportunity, and indemnifies Us and the Vendor from any liabilities arising out of the use of any unlicensed software loaded on any hard disc equipment forming part of Lots.
8.14 Neither We nor the Vendor make any warranty whatsoever in relation to computer hardware, software and/or equipment, all of which is bought at the Buyer’s own risk.
9.1 Title to the Lots shall only pass to the Buyer upon the latter of full payment for such Lot together with any other sums due from the Buyer to Us or the Vendor, and removal of the Lot in accordance with these terms and conditions, and anyone purporting to sell Lots before having title to do so in accordance with these terms and conditions, will be deemed to hold and shall hold the sale proceeds on trust as agent for Us and the Vendor.
9.2 The Lots will be at the Buyer’s risk from the time the relevant Sale ends and the Buyer shall effect insurance for these risks at once. In no circumstances will We or the Vendor be held responsible if any Lot or part thereof is stolen damaged or destroyed after the Sale ends.
9.3 The Vendor shall only sell such title to the Lots as it may have.
9.4 Prior to clearance of any Lots We or the Vendor may rescind the Contract for the sale of that Lot should any third party claim title to or possession of any part of the Lot.
9.5 If at any time We or the Vendor establish that a Lot is subject to a charge, lien, retention of title claim or other encumbrance or that the Vendor does not have an unencumbered title thereto then either We or the Vendor may give notice in writing that the Lot is to be excluded from the relevant Sale. In this case the Buyer shall be deemed to have waived and relinquished such title as it may have acquired to such Lot and this shall not be a ground for rescinding, avoiding or varying any or all of the provisions hereof or, for recovery of any or all of the purchase price paid by the Buyer.
9.6 If the title of the Vendor to any Lot or part thereof which is transferred to the Buyer is called in to question by any third party, or if there is a dispute in relation to these Terms and Conditions, the Buyer will allow the Vendor access to the Lot(s) in question during normal business hours for the purpose of resolving such question.
9.7 If any Lots are excluded from these Terms and Conditions in accordance with Clause 9.5, the Buyer undertakes with Us and the Vendor to:-
9.7.1 to deliver at its own expense the Lots on being requested to do so by Us or the Vendor to such place as we shall require; or
9.7.2 to repay us or the Vendor upon demand such amount as is agreed between the Vendor and the owner of the relevant Lot or party having a claim thereto) as represents the sum recoverable from the Vendor by reason of the Buyer’s failure to deliver the Lot in accordance with sub-clause 9.7.1.
10.PRICE AND PAYMENT
10.1 Upon request by Us, You must pay a deposit of £500 prior to any Bids made by you. Upon request, this deposit will be refunded if unsuccessful with any Bids.
10.2 Unless specified otherwise in the Special Conditions payment for the Lots, together with any other sums payable to Us or the Vendor by the Buyer, must be made in full in such form as We may specify by 4pm on the day following the end of the Auction or Sale, and in any case before clearance of the relevant Lots.
10.3 We and the Vendor reserve the right to extend the period a Buyer has to make payment for any Lots or other sums due to us or the vendor, and in this event will be entitled to charge interest in accordance with Clause 10.9.
10.4 Cheques for an amount higher than a cheque card limit will only be accepted if accompanied by a letter from Your bank stating that the cheque will be honoured.
10.5 All prices specified by Us exclude VAT which shall be payable in addition.
10.6 Where invoices or parts thereof are zero rated for VAT because Lots are to be exported from the United Kingdom, will include a deposit, which is refundable upon us receiving proof of export. You indemnify us and the Vendor in respect of any VAT which is or may become payable in respect of those Lots and We and the Vendor shall be entitled to charge You such amount of VAT in respect of those Lots which amount shall be payable immediately by You. We and/or the Vendor may ask You to provide evidence that Lots are being exported and shall determine whether such evidence is acceptable.
10.7 VAT is payable on the Buyer’s Premium which is deemed to be a service rendered in the UK and as such not exportable.
10.8 Time is of the essence for all payments due by You under these terms and conditions.
11.1 We and the Vendor will be entitled to rescind any Contract where:-
11.1.1 payment of the purchase price or deposit for any Lot, or any other sum payable by the Buyer to Us or the Vendor, is not paid in accordance with these terms and conditions;
11.1.2 removal of any Lot is not made in accordance with these terms and conditions;
11.1.3 You breach any other of these terms and conditions;
11.1.4 You become insolvent or bankrupt or make any arrangement or composition with Your creditors, or shall have a receiver appointed over all or any part of Your assets, or if You take any similar action in consequence of debt; or
11.1.5 Any third party has title to or the right possession of any of the Lots .
11.2 Upon rescission of a Contract by Us or the Vendor the following provisions apply:-
11.2.1 if the Lots have been cleared either We and/or the Vendor, or our employees or agents may enter your premises of the Buyer to recover such Lots;
11.2.2 Lots may be re-sold or otherwise disposed of by Us or the Vendor in the manner we feel appropriate and at our sole discretion;
11.2.3 any shortfall between the price realised for the said Lot(s) upon resale and the price originally sold for to a defaulting Buyer, together with the expenses incurred in effecting such resale and any other costs resulting from the Buyer’s default, shall be due as a debt from the defaulting Buyer. Neither We nor the Vendor shall be liable to account to a defaulting Buyer in the event of a resale at a higher price than the price originally due from a defaulting Buyer; and
11.2.4 the defaulting Buyer will be responsible for all losses and expenses incurred by Us and/or the Vendor resulting from the default, including storage, security and removal expenses, the costs of re-selling or disposing of lots and auctioneers’ commission.
12.1 No Lots are sold as new and all Lots are believed to be correctly described and are sold without warranty. Neither We nor the Vendor, nor our employees or agents makes or gives any representation in relation to any Lot. With the exception of any liability we cannot lawfully exclude, and that liability detailed in clause 12.3 neither We nor the Vendor or our employees agents or employees shall be liable for any loss or damage suffered as a result of or in connection with any defects or deficiencies in any Lots, errors of description of Lots, any mis-statements as to any matter affecting the Lots or the failure of the Lots to fulfil the functions for which they are intended.
12.2 Our liability for losses You suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the Lot You purchased and any losses which are a foreseeable consequence of Us breaching these terms and conditions. Losses are foreseeable where they could be contemplated by You and Us at the time the relevant Contract is concluded.
12.3 Nothing in these terms and conditions shall limit in any way our liability:
12.3.1 for death or personal injury caused by our negligence;
12.3.2 under the Consumer Protection Act 1987 or the Sale of Goods Act 1979;
12.3.3 for fraud or fraudulent misrepresentation; or
12.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
12.4.1 loss of income or revenue;
12.4.2 loss of business;
12.4.3 loss of profits or contracts;
12.4.4 loss of anticipated savings;
12.4.5 loss of data; or
12.4.6 waste of management or office time however arising,
provided that this clause 12.4 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.4.1- 12.4.6 inclusive of this clause 12.4.
12.5 You hereby indemnify Us and the Vendor, our employees and agents against any and all losses, damages or expenses suffered a result of Your breach of these terms and conditions, and shall obtain the requisite insurance cover against this indemnity.
13.1 If any Lots are exported outside the UK, they may be subject to import duties and taxes which are levied when they reach the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before Bidding.
13.2 Please also note that You must comply with all applicable laws and regulations both of the UK and of the country for which the Lots are destined, including but not limited to obtaining any licences or permissions required to export the Lots from the UK or import the Lots to the destination country. Neither We nor the Vendor will be liable for any breach by You of any such laws or regulations and You hereby indemnify us and the Vendor against any loss caused by your failure to abide by them.
Applicable laws require that some of the information or communications we send to You should be in writing. When using Our Website, You accept that communication with us will be mainly electronic. We may contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing.
All notices given by You to us must be given in writing. We may give notice to You at either the e-mail or postal address You provide to us when registering on Our Website or in any of the ways specified in clause 14. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.1 Contracts made between You and the Vendor are binding on You and your respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it.
16.3 We or the Vendor may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 .EVENTS OUTSIDE OUR CONTROL
17.1 Neither we nor the Vendor will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2. 5impossibility of the use of public or private telecommunications networks including the internet and other computer networks; or
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We and the Vendor will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If We fail or the Vendor fails at any time to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
18.2 A waiver by Us or the Vendor of any default by You under these terms and conditions shall not constitute a waiver of any subsequent default.
18.3 No waiver by us or the Vendor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.1 These terms and conditions, together with any Special Conditions, represent the entire agreement in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement, whether oral or in writing.
20.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise except as expressly stated in these terms and conditions.
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system`s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that You participate in an Auction, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Contracts previously made by You).
Contracts will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, and We and the Vendor reserve the right to bring proceedings against You in any other court or competent jurisdiction.